Loading...
11/18/2003 . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER November 18, 2003 Present: Ed Hooper David Gildersleeve Shirley Moran Edward Mazur, Jr. Alex Plisko John Doran Kathy Milam Vice Chair Board Member Board Member Board Member Board Member Board Member Acting Board Member Also Present: Leslie Dougall-Sides Cyndi Tarapani Lisa Fierce Frank Gerlock Gina Clayton Patricia O. Sullivan Assistant City Attorney Planning Director Assistant Planning Director Development Review Manager Long Range Planning Manager Board Reporter The Vice Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. . C. ELECTION OF OFFICERS: Chair Carlen Petersen has resigned her position on the CDB (Community Development Board). Consensus was for Ed Hooper to serve as Chair and John Doran to serve as Vice Chair. D. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 21,2003 Member Moran moved to approve the minutes of the regular meeting of October 21, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owner, etc. and will be approved by single vote at the beginning of the meeting. (Items 1-3) Item D1 was withdrawn. 1. Case: SGN2003-08001 - 922 South Missouri Avenue Item Withdrawn Owner/ Applicant: Clearwater Retail Group, Ltd. Representative: Todd Pressman (28870 U.S. Highway 19 North, Ste 300, Clearwater, FL 33761; phone: 727-726-8683; cell: 727-804-1760; fax: 727-669-8114; e-mail: pressinc@aol.com). Location: 0.61 acre located on the west side of Missouri Avenue, approximately 500 feet south of Druid Road. . Community Development 2003-11-18 1 . . . Atlas Page: 296A. Zoning: C, Commercial District. Req uest: Amendment to previous approvals for signage: 1) Cases FLD 02-02-06A/SGN2003-02009 - Conditions 1 and 2 which require that the final design, height, area, color, etc. of signs be consistent with the drawings submitted to, or as modified by the CDB (Community Development Board), and that the signs for future tenants of the retail center have the same background and text colors as approved by the CDB, as part of a Comprehensive Sign Program, under the provisions of Section 3-1807; and 2) Case FLD2003-05023 - Condition 2 requiring that all signage comply with the approved Comprehensive Sign Program application FLD 02-02-06A/SGN2003-02009. Proposed Use: An amendment to a Comprehensive Sign Program for Amscot Financial, Inc. Neighborhood Association(s): None. Presenter: Michael Reynolds, AICP, Senior Planner. Assistant Planning Director Lisa Fierce reported the applicant had withdrawn this request and submitted plans for signage that meet City regulations. No action was necessary. 2. Case: FLD2003-08040 - 1521 E. Druid Road Level Two Application Owner/Applicant: The Salvation Army. Representative: Michael R. Mason, AlA, Mason Blau & Associates, Inc. (4625 East Bay Drive, Suite 228, Clearwater, FL 33764; phone: 727-530-0570; fax: 727-530-0672; email: mmasonaD.masonblau.com). Location: 6.92 acres located on the southeast corner of Druid Road and South Highland Avenue. Zoning: I, Institutional District and LMDR, Low Medium Density Residential District. Request: Flexible Development approval: 1) to permit a mixed-use project (including social/public service agency, congregate care and residential shelter) in the Institutional District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 15 feet (to pavement), a reduction of the front (west - S. Highland Avenue) setback from 25 feet to 13 feet (to existing pavement), a reduction of the front (east- terminus of Jasmine Way) from 25 feet to six feet (to existing pavement), a reduction of the side (west) setback from 10 feet to 1.5 feet (to existing pavement), a reduction of the side (east) setback from 10 feet to seven feet (to existing pavement and storage shed) and a deviation to allow a social/public service agency abutting residentially-zoned property, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A; 2) to permit non-residential off-street parking in the Low Medium Density Residential District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 10 feet (to existing pavement), a reduction of the front (east - S. Crest Avenue) setback from 25 feet to 2.5 feet (to existing pavement) and a reduction of the front (south - Jasmine Way) setback from 25 feet to six feet (to pavement) and to retain an existing six feet high solid masonry wall within the front setback along S. Crest Avenue and Jasmine Way at a zero feet setback, as a Residentiallnfill Project, under the provisions of Section 2-204.E; and 3) to permit a reduction of the landscape buffer along S. Highland Avenue (west) from 15 feet to 13 feet (to existing pavement), a reduction of the landscape buffer along E. Druid Road (north) from 15 feet to 10 feet (to existing pavement), a reduction of the landscape buffer along S. Crest Avenue (east) from 10 feet to 2.5 feet (to existing pavement), a reduction of the landscape buffer along Jasmine Way (south) from 10 feet to six feet (to pavement), a reduction of the Community Development 2003-11-18 2 . . . landscape buffer at the terminus of Jasmine Way (east) from 10 feet to six feet (to existing pavement), a reduction of the landscape buffer adjacent to single family dwellings (east) from 10 feet to seven feet (to existing pavement) and a reduction of the landscape buffer along the west property line adjacent to the YMCA from five feet to 1.5 feet (to pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Salvation Army facilities (correctional services, social services, congregate care and residential shelter, with off-street non-residential parking within a residential zoning district). Neighborhood Association: None. Presenter: Wayne M. Wells, AICP, Senior Planner. Member Plisko declared a conflict of interest. The "T"-shaped site contains 6.96 acres located on the southeast corner of Druid Road and South Highland Avenue. The lot has 943 feet of lot frontage along Druid Road (north), 286 feet of lot frontage along South Highland Avenue (west), 206 feet of lot frontage along South Crest Avenue (east) and 327 feet of lot frontage along Jasmine Way (south). The site presently contains a 90,362 square foot masonry-block building that was the previous home to the Clearwater Community Hospital. The building is between 40 and 230 feet from any property line and stands between 14 and 28 feet in height. The building, vacant for the past four years, is finished with sand-colored stucco finish with red trim, and has been relatively well-maintained despite the lengthy vacancy. Its condition has deteriorated. An existing six-foot concrete wall is on the north side of Jasmine Way, which terminates in a cul-de-sac south of the residentially- zoned parking lot. Chain link fencing and landscaping exist along the south and west property lines of the site adjacent to the YMCA, and along the east property line adjacent to the detached dwellings. A drainage swale exists along the east property line between the subject site and residential property to the east. The site consists of two zoning districts: I, Institutional and LMDR, Low Medium Density Residential Districts. The majority of the site (5.41 acres) is zoned Institutional District and includes the entire existing building and most of the existing parking. The remainder of site, 1.55 acres at the southwest corner of Druid Road and South Crest Avenue, is within the LMDR District. The City's Planning and Zoning Board approved a conditional use application (CU 94- 40) on June 14, 1994, for a non-residential parking facility within a residentially-zoned district for that site. There are 55 existing parking spaces located within the northern-third of the LMDR District portion of the site. Additional spaces were approved for the mid- and lower-sections of the site, but they were never constructed. The COB approved a Flexible Development request (Case FL 01-05-19) by the Salvation Army on July 17, 2001, to permit a social/public service use, adjacent to residentially- zoned property, a residential shelter, and a medical clinic in the Institutional District, as part of a Comprehensive Infill Redevelopment Project, with five conditions: 1) That all dead or dying landscape material be replaced by October 1, 2001, or prior to issuance of Certificate of Occupancy, whichever occurs first; 2) That all Brazilian pepper trees and hazardous trees be removed, through City permits; 3) That all signage comply with Code; 4) That all handicapped parking spaces be upgraded to meet City standards and that a sidewalk be provided along Highland Avenue, prior to issuance of Certificate of Occupancy; and 5) That no expansion of the parking lot within the LMDR District portion of the site be permitted without additional review and approval by the COB. Community Development 2003-11-18 3 . . . That proposal included the re-use of the existing former hospital building and parking facilities. No expansions or additions or other site modifications were proposed with that application and only interior renovations were proposed. That proposal also included the relocation of the existing Salvation Army operation currently located at 410 North Fort Harrison to the subject site. After evaluating the condition of the former hospital, the Salvation Army has decided to replace the existing building with new buildings. On Monday, October 13, 2003, Salvation Army held a public meeting at the YMCA Annex at 905 South Highland Avenue. The Salvation Army notified property owners within 500 feet of its subject property. Three people from the neighborhood attended the meeting. The proposal includes demolishing 71,152 square feet of the existing former hospital building, and retaining the southern portions of the building. Four new buildings are proposed to be constructed in two phases. Phase 1 includes: 1) Construction of a 12,112 square-foot, one-story office building on the western portion of the site to house correctional services, which provides probation supervision, rehabilitative counseling and support services on behalf of the State of Florida to misdemeanor offenders in Upper Pinellas County. This program will be relocated from the existing facilities at 410 North Ft. Harrison Avenue and also will be operated from 7:30 a.m. to 5:15 p.m., Monday through Friday, serving approximately 250 clients per day; 2) Construction of a 5,492 square-foot, one-story office building on the north portion of the site for administrative offices and for family services. Family services provide emergency financial and material assistance, case management, crisis counseling, and support services to economically disadvantaged families and individuals residing in the Upper Pinellas County area. This program also will relocate from the existing facilities at 410 North Ft. Harrison Avenue and will be operated 8:30 a.m. to 4:30 p.m., Monday through Friday, serving between 15 and 25 family service clients per day; 3) Complete renovation and expansion of the existing portion of the former hospital building to be retained on the southern portion of the site, totaling 34,393 square-feet of floor area. The lower level of the H-shaped building (northern portion) will have the Christmas Joy Center, providing seasonal services for holiday dinners for senior citizens and for toys and food for young families during November and December. This program has operated at this site for the last two years from 8:30 a.m. to 4:30 p.m., Monday through Friday, serving approximately 100 cases daily. Some parking on the lower level of the H-shaped building (southern portion) will be removed and a storage area, providing 26 storage lockers for residents of the residential shelter, will be constructed. The upper levels of the H-shaped building will be renovated to provide three residential shelter areas for transitional housing. There is no temporary homeless shelter proposed at this facility. One residential shelter area will provide 12 units (one, two and three bedroom units) for temporary housing up to 18 months for one- and two-parent families with children who have been homeless and are working to reestablish themselves in the community (Harbor Crest). An accessory manager's unit will be provided within this area. This program will relocate from the existing facilities at 410 North Ft. Harrison Avenue, where it currently has nine units. The second residential shelter area, a new program for the Salvation Army, will provide six units (single resident) for temporary housing up to 18 months for individuals who have been homeless and are working to reestablish themselves in the community. The third residential shelter area will provide six units for temporary housing up to 18 months for individuals infected by HIV/AIDS (Agape House). Medical treatment is not part of this program. This program also will relocate from the existing Community Development 2003-11-18 4 . . . facilities on Ft. Harrison Avenue, where it currently has four units. The Salvation Army has operated these programs at its current site for the last 14 years. An adjacent 638 square-foot building will be renovated for facilities maintenance. Phase 2 includes: 1) Construction of a 10,000 square-foot, one-story social services building on the western portion of the site east of the proposed correctional services office building. There are no current plans or construction schedule for this facility. While this structure has been shown for "master plan" purposes and parking has been assigned at three spaces per 1,000 square feet, staff recommends the CDB re-review this facility prior to its construction to establish the proposed specific use of this building; 2) Construction of a four- story, 50-foot tall congregate care building for senior housing of 53 units on the eastern portion of the area zoned Institutional District. There are no current plans or construction schedule for this facility. Staff recommends a time schedule be conditioned on approval of this facility for the submission of construction permits. Should construction permits not be submitted within this time frame, this portion of the request would need to be re-reviewed by the CDB; 3) Construction of 72 additional parking spaces on the eastern portion of the overall site zoned LMDR District. These parking spaces would be constructed in the mid to lower portion of these eastern portion of the site. The proposal to redevelop this overall site includes certain setback and landscape buffer reductions. Setback and landscape buffer reductions are requested to existing pavement along South Highland Avenue, Druid Road, South Crest Avenue, and Jasmine Way due to conditions related to existing trees and potential disturbance to their root systems. The proposed setback reduction along Druid Road, west of the eastern driveway, reflects Code reduction allowance to parking lots and takes into account existing tree locations. Existing pavement between the two driveways on Druid Road will be removed to meet the minimum 15-foot setback, where the existing parking is presently partially within the Druid Road right-of-way. Proposed pavement adjacent to South Crest Avenue and Jasmine Way is consistent with previously approved Conditional Use approved in 1994. An existing six-foot high wall along the southern portion of South Crest Avenue and along Jasmine Way, constructed for buffering purposes for the adjacent detached dwellings, is requested to be retained. The applicant will be fully landscaping the property, including inside the existing chain link fence on the west, south and east sides (adjacent to detached dwellings) of the property and on the outside of the existing six-foot high wall along South Crest Avenue and Jasmine Way. The landscape plan exceeds the Code requirements utilizing groundcovers (including jasmine and liriope), shrubs (including ginger, lily, thryallis, juniper, podocarpus, Indian hawthorn and azalea) and trees (including various types of palms, holly, crape myrtle, ligustrum tree, magnolia, live oak, bald cypress and drake elm). The four new buildings and that portion of the existing hospital building to be retained and renovated have been designed to feature the same architectural style and color scheme for all buildings. Exterior walls will be patterned smooth-face architectural block (grey in color with contrasting lighter color banding) and a standing seam metal roof (green). All buildings meet Code height restrictions (no increases requested). Deliveries will be made via a 14-foot, panel truck, to the existing loading dock located on the east side of the residential shelter building and on the west side of the administration building. There is one existing freestanding, monument-style sign on the property, located at the corner of South Highland Avenue and Druid Road. It is unclear whether the sign complies with current Code requirements. Prior to the issuance of any permits, the applicant will need to Community Development 2003-11-18 5 . . . provide information to the Planning Department that the sign complies with current Code requirements, or, if the sign does not comply with current Code requirements, that the sign will be brought into compliance prior to the issuance of the first Certificate of Occupancy. The Comprehensive Sign Program may be utilized as a means of compliance. The applicant proposes one dumpster enclosure east of the correctional services building and a double dumpster enclosure east of the Phase 2, four-story congregate care building. As part of the site redevelopment, proposed utility facilities (electric and communication lines) on-site will be required to be placed underground. The Development Review Committee reviewed the application and supporting materials on September 18, 2003. The CDB continued this request on October 21, 2003 to allow for proper legal advertisement of the application. The Planning Department recommends approval of the Flexible Development request: 1) to permit a mixed-use project (including social/public service agency, congregate care and residential shelter) in the Institutional District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 15 feet (to pavement), a reduction of the front (west - S. Highland Avenue) setback from 25 feet to 13 feet (to existing pavement), a reduction of the front (east - terminus of Jasmine Way) from 25 feet to six feet (to existing pavement), a reduction of the side (west) setback from 10 feet to 1.5 feet (to existing pavement), a reduction of the side (east) setback from 10 feet to seven feet (to existing pavement and storage shed) and a deviation to allow a social/public service agency abutting residentially zoned property, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A; 2) to permit non-residential off-street parking in the Low Medium Density Residential District with a reduction of the front (north - E. Druid Road) setback from 25 feet to 10 feet (to existing pavement), a reduction of the front (east - S. Crest Avenue) setback from 25 feet to 2.5 feet (to existing pavement) and a reduction of the front (south - Jasmine Way) setback from 25 feet to six feet (to pavement) and to retain an existing six feet high solid masonry wall within the front setback along S. Crest Avenue and Jasmine Way at a zero feet setback, as a Residentiallnfill Project, under the provisions of Section 2-204.E; and 3) to permit a reduction of the landscape buffer along S. Highland Avenue (west) from 15 feet to 13 feet (to existing pavement), a reduction of the landscape buffer along E. Druid Road (north) from 15 feet to 10 feet (to existing pavement), a reduction of the landscape buffer along S. Crest Avenue (east) from 10 feet to 2.5 feet (to existing pavement), a reduction of the landscape buffer along Jasmine Way (south) from 10 feet to six feet (to pavement), a reduction of the landscape buffer at the terminus of Jasmine Way (east) from 10 feet to six feet (to existing pavement), a reduction of the landscape buffer adjacent to single family dwellings (east) from 10 feet to seven feet (to existing pavement) and a reduction of the landscape buffer along the west property line adjacent to the YMCA from five feet to 1.5 feet (to pavement), as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G for the site at 1521 Druid Road, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-1204.A; 2) The proposal complies with the Flexible Development criteria as a Residentiallnfill Project per Section 2-204.E; 3) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4) The proposal is in compliance with Comprehensive Landscape Program criteria of Section 3-1202.G; and 5) The development is compatible with and will have a positive influence on the surrounding area AND Conditions of Approval: 1) That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That the correctional services provide probation supervision, rehabilitative counseling and support services to misdemeanor offenders only; 3) That social services provided at this site not include a "soup Community Development 2003-11-18 6 . . . kitchen," serving meals to poor and homeless individuals; 4) That the Future Social Services building shown for construction in Phase 2 be resubmitted for CDB review and approval; 5)That building permits for the construction of the Future Senior Housing (congregate care) and the parking lot expansion in the LMDR area, shown for construction in Phase 2, be submitted to the City by November 18, 2006, or these portions of the site will require new review and approval by the CDB prior to the issuance of construction permits; 6) That a Unity of Title be recorded in the public records tying all property together as one lot for development purposes prior to the issuance of any permits; 7) That the angle of parking stalls and dimensions for angled parking on the southern portion of the property comply with Code requirements prior to the issuance of any permits; 8) That the site plans be revised, acceptable to Stormwater Engineering, to modify the retention slopes of the existing retention pond south of the residential shelters and a SWFWMD permit modification for this pond be obtained prior to the issuance of any permits; 9) That, prior to the issuance of any permits, the applicant submit documentation to the City that the existing freestanding, monument sign meets current Code requirements. In the event this sign does not meet current Code requirements, signage shall be brought into conformance with Code requirements, with only monument-style, freestanding signage at a maximum height of six feet, prior to the issuance of the first Certificate of Occupancy. The Comprehensive Sign Program may be used to retain or modify this existing freestanding, monument sign; 10) That the Fire Department access on South Crest Avenue be included in Phase 1 construction documents and include pavement markings, signage and a barricade, acceptable to the Fire Department, to prevent parking and general vehicular traffic from this area; 11) That site and building plans show compliance with clearance requirements of the Fire Department around fire hydrants and Fire Department connection appliances prior to the issuance of any permits. The owner shall maintain these clearance requirements. The Fire Department connection appliances for the southern buildings (to be retained and used for the residential shelters) shall be shown on site and building plans prior to the issuance of any permits and all connection appliances shall be identified with signage identifying the building it serves on the site plans and on-site, prior to the issuance of the Certificate of Occupancy for the building it serves; 12) That the site and landscape plans be revised prior to the issuance of any permits to include a landscape island to break up the row of 21 spaces east of the congregate care and residential shelter buildings and the removal of all #2 rated trees; and 13) That a Tree Preservation Plan, acceptable to the Planning Department, be submitted and approved prior to the issuance of any permits. Member Gildersleeve moved to approve Item D2, Case FLD2003-08040 with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 1204.A; 2) The proposal complies with the Flexible Development criteria as a Residentiallnfill Project per Section 2-204.E; 3) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; 4) The proposal is in compliance with Comprehensive Landscape Program criteria of Section 3-1202.G; and 5) The development is compatible with and will have a positive influence on the surrounding area AND Conditions of Approval: 1) That the final design and color of the buildings be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2) That the correctional services provide probation supervision, rehabilitative counseling and support services to misdemeanor offenders only; 3) That social services provided at this site not include a "soup kitchen," serving meals to poor and homeless individuals; 4) That the Future Social Services building shown for construction in Phase 2 be resubmitted for CDB review and approval; 5)That building permits for the construction of the Future Senior Housing (congregate care) and the Community Development 2003-11-18 7 . . . parking lot expansion in the LMDR area, shown for construction in Phase 2, be submitted to the City by November 18, 2006, or these portions of the site will require new review and approval by the CDB prior to the issuance of construction permits; 6) That a Unity of Title be recorded in the public records tying all property together as one lot for development purposes prior to the issuance of any permits; 7) That the angle of parking stalls and dimensions for angled parking on the southern portion of the property comply with Code requirements prior to the issuance of any permits; 8) That the site plans be revised, acceptable to Stormwater Engineering, to modify the retention slopes of the existing retention pond south of the residential shelters and a SWFWMD permit modification for this pond be obtained prior to the issuance of any permits; 9) That, prior to the issuance of any permits, the applicant submit documentation to the City that the existing freestanding, monument sign meets current Code requirements. In the event this sign does not meet current Code requirements, signage shall be brought into conformance with Code requirements, with only monument-style, freestanding signage at a maximum height of six feet, prior to the issuance of the first Certificate of Occupancy. The Comprehensive Sign Program may be used to retain or modify this existing freestanding, monument sign; 10) That the Fire Department access on South Crest Avenue be included in Phase 1 construction documents and include pavement markings, signage and a barricade, acceptable to the Fire Department, to prevent parking and general vehicular traffic from this area; 11) That site and building plans show compliance with clearance requirements of the Fire Department around fire hydrants and Fire Department connection appliances prior to the issuance of any permits. The owner shall maintain these clearance requirements. The Fire Department connection appliances for the southern buildings (to be retained and used for the residential shelters) shall be shown on site and building plans prior to the issuance of any permits and all connection appliances shall be identified with signage identifying the building it serves on the site plans and on-site, prior to the issuance of the Certificate of Occupancy for the building it serves; 12) That the site and landscape plans be revised prior to the issuance of any permits to include a landscape island to break up the row of 21 spaces east of the congregate care and residential shelter buildings and the removal of all #2 rated trees; and 13) That a Tree Preservation Plan, acceptable to the Planning Department, be submitted and approved prior to the issuance of any permits. The motion was duly seconded. Members Hooper, Gildersleeve, Mazur, Moran, Doran, and Milam voted "Aye"; Member Plisko abstained. Motion carried. 3. Case: DR12003-09001 - 300 South Park Place Boulevard Level Three Application Owners/Applicants: Park Place Land, L TD and Bausch and Lomb Incorporated. Representative: Timothy A. Johnson, Jr., Esquire, Johnson, Pope, Bokor, Ruppel & Burns, P'A. (911 Chestnut Street, Clearwater, Florida 33756; phone: 727-461-1818; fax: 727-462-0365; email: timj@jpfirm.com). Location: 99.133 acres located on the north side of Gulf to Bay Boulevard, approximately 360 feet east of U.S. Highway 19 North. Atlas Page: 291A. Request: Notice of Proposed Change (NO PC) to the Park Place Development of Regional Impact (DRI) to extend the build-out date of the DRI by five years to December 31,2008. Proposed Use: Existing mixed-use development. Neighborhood Association(s): None. Presenter: Marc A. Mariano, Planner. Member Mazur declared a conflict of interest. Community Development 2003-11-18 8 . . . The DRI's development order was adopted by the Clearwater City Commission on September 1, 1983. An amendment was adopted by the City Commission on October 20, 1983, to incorporate TBRPC (Tampa Bay Regional Planning Council) recommendations. An amendment was adopted by the City Commission on December 19, 1991, to provide 200,000 square feet for Industrial use and reduce Office use by 300,000 square feet; provide a F.A.R. for Industrial use; amend conditions based on phasing; amend the developer's payment schedule; and extend the build out date by five years. An amendment was adopted by the City Commission on January 19, 1995, to modify phasing; decrease office development by 7,480 square feet; extend the build out date by four years; add a conversion factor for Office use to Multifamily Residential and add a conversion factor for Industrial use to Office or Multifamily Residential; and modify conditions to reflect changes in the transportation network. An amendment was adopted by the City Commission on November 21, 1996, adding a land use conversion factor to Parcel 4 for office and/or hotel development and reflecting a change in ownership. An amendment was adopted by the City Commission on February 1, 2001, reducing the approved office and retail square footage for Parcel 6; adding a land use conversion factor for Parcel 6 for the conversion of approved office development to multi-family and/or hotel development; and extending the build out date by three years to December 31, 2003. This DRI amendment is requested by the property owner to extend the build out date of the DRI by five (5) years from December 31,2003 to December 31,2008. The Park Place DRI is built out with the exception of 100,000 square feet of light industrial use on Parcel 1 and 100,000 square feet of office space on Parcel 6. The developers of the DRI have fulfilled the development order as amended to this date. Based on its analysis, the Planning Department finds the application consistent with the Community Development Code and, contingent upon approval by the Department of Community Affairs, the Tampa Bay Regional Planning Council and the Florida Department of Transportation recommends approval of the Notice of Proposed Change. Member Doran moved to recommend approval of Item D3, Case DRI2003-09001. The motion was duly seconded. Members Hooper, Gildersleeve, Moran, Plisko, Doran, and Milam voted "Aye"; Member Mazur abstained. Motion carried. F. LEVEL THREE APPLICATION (Item 1): 1. Case: Clearwater Downtown Redevelopment Plan Amendment (Ordinance No. 7231-03) Applicant: City of Clearwater, Planning Department. Request: Review and recommendation of an amendment to the Clearwater Downtown Redevelopment Plan which amends Chapter 4 - Plan Implementation with regard to the Capital Improvement Plan and the Tax Increment Revenue Projections. Neighborhood Associations: Old Clearwater Bay Neighborhood Association (Ms. Vicki Morgan, 301 Cedar Street, Clearwater 33755/461-1995; Gateway Neighbors, Pat Vaughn, 1326 Pierce St., Apartment Two, 33756/461-7599; Pierce 100 Condominium Association, Terry Turner, 100 Pierce Street #710 Clearwater, FL 33756. Presenter: Gina L. Clayton, Long Range Planning Manager. Community Development 2003-11-18 9 . . . Long Range Planning Manager Gina Clayton presented the request. The City Commission approved the Clearwater Downtown Redevelopment Plan on September 18, 2003. The draft Plan initially was submitted to Pinellas County staff for review in June 2003 and multiple meetings were held between City and County planning staff to discuss the proposed Plan. As a result of these discussions, the City agreed to incorporate certain clarifications and additions requested by County staff into the Plan on first reading. After the City adopted the Plan, County staff requested additional information regarding how tax increment revenues will be used to implement the Plan. The County staff asked for an accounting of the amount of Tax Increment Financing (TIF) funds to be used for each project as compared to other eligible sources of funding. The City prepared an estimate of this information and provided it to the County in early October. On October 21, 2003, the Board of County Commissioners (BCC) discussed the Plan as a part of the County Administrator's Reports. The Board indicated its general support for the Plan as a redevelopment plan and special area plan and did not identify any areas of concern regarding the major elements of the Plan, with one exception, use of Tax Increment Financing. The Board concurred with the County Administrator's concerns about the length of the term of the Tax Increment District as well as objecting to certain intended uses of TIF funds. The County Administrator's report indicated that the Board should delay a decision on the Plan until the City made amendments to the Plan to address County concerns regarding use of TIF funds. Based on information contained in the County's October 21, 2003 agenda item and subsequent discussions with County staff, amendments have been prepared to address County concerns and are the subject of this staff report. It should be noted, however, that the County has requested that the City include one document that is NOT a part of these amendments. The item not included by the City as an amendment is the table entitled "Clearwater Downtown Redevelopment Plan Capital Projects - Table Identifying Funding Sources for all Capital Projects." The Table estimates the funding sources for each project, differentiating the amount of TIF funds versus other eligible funding sources. This chart is not included in these amendments because the City Administration believes this requested level of detail is not appropriate for inclusion in a 20-year plan, but more appropriately should be reflected in the City's five-year capital improvement budget adopted annually by the City Commission. All redevelopment capital projects conducted to implement the Downtown Plan must be consistent with the Capital Improvement Plan, but the City reserves the right to determine the exact amount and source of funding at the time the project formally is initiated by its inclusion in the capital budget. The CDB is reviewing proposed amendments in its capacity as the Local Planning Agency (LPA) and is requested to make a recommendation regarding the amendments to the City Commission. The CRA (Community Redevelopment Agency) is requested to make a recommendation to the City Commission regarding the amendments to the Redevelopment Plan. Once the City Commission approves these amendments, the Plan and amendments will be submitted to the BCC for approval as the Redevelopment Plan for the original and newly expanded CRA. The Plan and amendments also will be submitted to the Pinellas Planning Council and the Countywide Planning Authority for review and approval as the Special Area Plan governing Downtown. Seven amendments are proposed to the Clearwater Downtown Redevelopment Plan. Two revise the land use plan and five relate to the capital improvement plan and the use of TIF. Community Development 2003-11-18 10 . . . Proposed amendments are: 1) Amendment 1 - Insert New Policv 23 in the Goals. Obiectives and Policies Section of Chapter 3 Land Use Plan/Redevelopment Plan. This proposed amendment adds a new policy to the overall Goals, Objectives and Policies Section of the Plan that will apply to the entire Downtown area. The proposed policy specifies the City should evaluate the need for a parking facility to support development of entertainment, retail and/or restaurant uses. These uses generate a high level of parking demand and in a downtown environment will more than likely require structured parking. Due to the high cost of constructing this type of parking, the City may need to contribute in some manner to facilitate the development of these uses in Downtown; 2) Amendment 2 - Amend District Vision of the Town Lake Business District found in Chapter 3 Land Use Plan/Redevelopment Plan. Upon review of the permitted uses in the Town Lake Business District, it was determined a movie theater is not allowed. The current Plan allows residential development only if located along major streets and if a minimum of four acres is assembled. Due to this district's location and the amount of underutilized land within it, certain areas along major streets may be appropriate for entertainment uses. The proposed amendment revises the District Vision Use section by allowing residential development or entertainment with supporting retail/restaurant uses along major streets if an entire block is consolidated; 3) Amendments 3 & 4 -Insert new Strateav 20 in Downtown Strateaies of Chapter 4 Plan Implementation. Amendments three and four add a new strategy to market Downtown as a location for a movie theater and to assist with the development of a theater through land acquisition/assembly for the theater or for its parking and/or for the development of parking facilities for the theater. Because a movie theater can be a major catalyst for downtown revitalization, the City desires to be proactive in the pursuit of attracting this use Downtown. Amendment three adds the actual proposed strategy; amendment four adds the same strategy to the Summary of Public Strategies, Table 7; 4) Amendments 5 & 6 - Amend Capital Improvement Plan (CIP) section of Chapter 4 Plan Implementation includina Tables 8 and 9 and the Capital Proiect Descriptions Subsection. Pinellas County asked for more specific information relating to the CIP to clearly demonstrate how the expected tax increment revenues would be allocated to each of the tax-increment funded capital projects. In an attempt to provide the information requested, as well as provide clarifications desired by the City, proposed amendment five makes the following revisions: a) Specifies the guiding assumptions used when developing the CIP; b) Adds cost estimates for three capital projects that originally did not include cost estimates (Commercial Streets "A" and "B" and Court Chestnut Beach Corridors streetscape projects and the City share of a new PST A (Pinellas Suncoast Transit Authority) multi-modal transportation center); c) Adds Myrtle Avenue Streetscape project at a cost of $1 million of TIF funding to coincide with the Myrtle Avenue Reconstruction project. This increases the total project cost from $12 million to $13 million; d) Adds TIF as a potential funding source for selected projects that originally did not include TIF as a source (Osceola Avenue Garage, Coachman Park and garage, Osceola Avenue Streetscape, New PST A Multi-Modal Transportation Center); e) Adds a second garage project entitled "Redevelopment Garage" that can accommodate approximately 375 - 500 spaces for an entertainment and/or retail/restaurant project. The revision was made to allow the construction of two garages: one on Osceola Avenue to support the new Main Library, Coachman Park and Harborview Center; the new second garage is specifically to support entertainment redevelopment activity. The total number of garage spaces remains the same at 750 to 1,000 spaces and the total cost remains the same at $11 million to $15 million; and f) Revises Table 9, Redevelopment Projects/ CIP arranged by Type of Project to reflect the above changes (except the assumptions). Proposed amendment six adds a project description for the Redevelopment Garage, which may be necessary to support the development of a major entertainment and Community Development 2003-11-18 11 . restaurant mixed-use project. In order to provide long-term flexibility in the siting of this garage, no location is specified; 5) Amendment 7 - Amend Tax Increment Revenue Proiections Section of Chapter 4 Plan Implementation. In response to concerns raised by Pinellas County Administration regarding its perceived lack of information included in the Plan regarding programs and initiatives to be funded by TIF, amendment seven incorporates a summary table and description of each program/initiative and the timing and estimated cost of each. The total cost of these programs is estimated to be $48 million. Upon review of this information, the Pinellas County Administration indicated it would not support the use of County tax increment revenues for all of the identified programs/initiatives; specifically the County likely would not support use of TIF for redevelopment incentives such as payment of impact fees. At the County's suggestion, the City conducted a survey of Florida CRAs regarding their use of TIF for various programs. The survey indicated that Florida CRAs have in the past and currently are using TIF for all of the proposed programs that Clearwater intends to pursue. Alternatively, the County Administration indicated its support for use of TIF for any project in the Capital Improvement Plan as well as the capital portion of listed CRA programs and initiatives. Therefore, the amendment limits the use of the County's share of TIF to the Capital Improvement Plan and the following programs that have capital components: 1) CRA Area Brownfields Environmental Cleanup; 2) CRA Building Fac;ade Improvement Program; 3) Downtown Land Acquisition; and 4) CRA Affordable and Transitional Housing Projects . Under this alternative, County tax increment revenues will not be available to support redevelopment incentives, a revolving loan program, or retail lease/relocation incentives. However, the City's share of TIF may be used for these programs. The proposed amendments to the Clearwater Downtown Redevelopment Plan are consistent with the Comprehensive Plan. They clarify the City's intent to attract entertainment uses, including a movie theater, and the need for the City to participate in the development of a parking garage(s) to attract this type of development. Proposed Ordinance No. 7231-03 also adds cost estimates for some capital projects that originally did not include estimates and adds TIF as a potential funding source for several more capital projects contained in the CIP. The amendments also add descriptions, time frames and estimated program/initiative costs to be funded by TIF and restricts the use of County tax increment revenues to certain "capital" programs/initiatives. The Planning Department recommends approval of Ordinance No. 7231-03, which amends the Clearwater Downtown Redevelopment Plan. Concern was expressed regarding the County saying where the City can spend money. Planning Director Cyndi Tarapani said the City has been negotiating with the County since mid June 2003. The County is concerned regarding the length of the TIF term and how long that stream of County income would be diverted to the TIF. Many alternatives were discussed before the proposed solution was reached. The City does not agree with County concerns. Expansion of the CRA did not increase the TIF substantially. . Community Development 2003-11-18 12 . . . Member Doran moved to recommend approval of Item E1, the Clearwater Downtown Redevelopment Plan Amendment regarding Ordinance #7231-03. The motion was duly seconded and carried unanimously. G. DIRECTOR'S ITEMS: The Commission will be considering a replacement for CDB Chair Petersen. The Holiday luncheon at the Harborview Center is scheduled prior to the December 16, 2003 CDB meeting. The Salvation Army has agreed to be the recipient of board member gifts. All were wished a Happy Thanksgiving. ADJOURNMENT The meeting adjourned at 2:36 p.m. Chair Community Development Board Community Development 2003-11-18 13 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAM OF BOARD, CO NCIL, MMISSION, ~THORITY, OI}COMMITTEE f- ::r.,., (/. ~~,d C. f THE BOARD, COUNCIL, OMMISSION, AUTHORITY OR COMMITTEE ON \ I{'~ -(. WH CH I SERVE IS A UNIT OF: D COUNTY 0 OTHER LOCAL AGENCY OUNTY II NAME OF POllT'CA SUBDIVISI : In~({~ /\ 'eu, w;1'V', ., '" MY POSITION IS: D ELECTIVE OINTIVE WHO MUST FILE FORM 88 This form is for use by any perso'h serving at the county, city, or other local level of government on an appointed or elected board, council. commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a volin!; conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which 'nures to his or her special private gain or loss. Each elected or appointed local oWcer also is prohibited from knowingly voting on a mea- Ire which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stoc.xchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who-should incorporate the form in the minutes. * !' * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made ~ you or at your direction. ~OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting atter the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . · You must disclose orally the nature of your conflict in the measure before participating. · You must complete the form and file it within 15 days atter the vote occurs with the person responsible for recording the minutes of thE meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting atter the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, iFd.,~rr! )f~v/ -If' ,herebydlscloselhaton Ifr/o.:> (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, K inured to the special gain or loss of ~r.L /%-t!. ~. ~ n' J Lf I whom' am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,~- , by ,which . find As'6:^: Cn5v/ftr-b ~-!t- t t ~t- ~~ t;;f tn-t~ ,- l(t~!tJ) Date File~ I ./ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACH.T, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE t./~nO At[?X C.OM~vAlIr-( P6rJ17Z. 'tM1!iVr {)~II/P ;A.ILlNG ADDRESS . 7 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 70" A V WHICH I SERVE IS A UNIT OF: CITY ITY 0 COUNTY c.l..elJl2. u) A 11fV2- ~ NAME OF POLITICAL SUBDIVISION: ?-Irt 0 ~t.e:A,.(wA TGn- MY POSITION IS: o OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which . ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- re which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the ,special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made ~you or at your direction. ~OU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION ATTHE MEETING: . · You must disclose orally the nature of your contlict in the measure before participating. . · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of thE meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, A{$)( . DISCLOSURE OF LOCAL OFFICER'S INTEREST f?c...( e:,I"fO , hereby disclose that on /1 /1 /?;) { 20 DJ '- (a) A measure came or will come before my agency which (check one) -X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by ,which . c,~'7(; FL 0200 J -0 a (14-0 IJIG' ~AtVft4 7lc;w AI2IA..Y COi'-I~ rAt.. {J11/l/'(" TO 77-J€ 7At.lIA770eV X)R,).A.,,/ OateF"} f - IBjO '/ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 9112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACH.T, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2 COMMUNITY DEVELOPMENT BOARD Meeting Date: November 18'1 2003 I have conducted a personal investigation on a site visit to the following properties. 1521 E. Druid Road FLD2003-08040 The Salvation Army ~ no 300 South Park Place Boulevard DRI2003-09001 Park Place Land, L TD and Bausch and Lomb Incorporated / yes no Signature: Date: li( COMMUNITY DEVELOPMENT BOARD Meeting Date: November 18'1 2003 I have conducted a personal investigation on a site visit to the following properties. 1521 E. Druid Road FLD2003-08040 The Salvation Army ~yes no 300 South Park Place Boulevard DRI2003-09001 Park Place Land, LTD and Bausch and Lomb Incorporated ~ yes no Signatur~ Date: \\\ \~\~ \ \ S:\Planning DepartmentlC D SICDS, property investigation check list.doc 1