01/19/2000
COMMUNITY DEVELOPMENT BOARD SPECIAL MEETING
CITY OF CLEARWATER
January 19, 2000
Present: William Johnson Acting Chair
David Gildersleeve Board Member
Shirley Moran Board Member
Carlen A. Petersen Board Member
Alex Plisko Board Member
Absent: Gerald Figurski Chair
Edward Mazur, Jr. Vice Chair
Also Present: Pamela K. Akin City Attorney
Leslie Dougall-Sides Assistant City Attorney
Ralph Stone Planning Director
Cynthia Hardin Assistant Planning Director
Lisa Fierce Development Review Manager
Patricia O. Sullivan Board Reporter
The Acting Chair called the meeting to order at 2:05 p.m. at City Hall, followed by the
Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process.
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
ITEM A – REQUESTS FOR CONTINUANCE/RECONSIDERATION
– None.
ITEM B – CONTINUED ITEMS
– None.
ITEM C – LEVEL 3 APPLICATIONS
Item C1 – The Mandalay Beach Club, Ltd., (JMC Communities AKA Cheezum Development),
requests review of, and recommendation to the City Commission regarding a development
agreement between the Mandalay Beach Club, Ltd. and the City. Subject property is zoned
Tourist District (T) with a plan category classification of Resort Facilities High (RFH). Applicant
proposes a condominium development at 10 Papaya Street and 11 San Marco Avenue (both
sides of North Gulfview Boulevard between Papaya Street and San Marco Avenue). The site’s
(DA99-12-01)
outdated commercial and residential structures will be razed.
The subject 1.63-acre site is a priority candidate for redevelopment/revitalization on
Clearwater beach. The 2-Phase redevelopment plan has 157 dwelling units in two 145-foot
towers. On December 14, 1999, the CDB (Community Development Board) approved
applications for flexible development approval and TDR (Transfers of Development Rights)
and recommended vacating the North Gulfview Boulevard right-of-way.
The Development Agreement outlines specific City and developer obligations designed
to improve the area’s character and promote private sector development. City obligations
include: 1) expand to at least 10 feet the sidewalks on North Mandalay Avenue’s west side; 2)
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install street trees and landscape N. Mandalay Avenue median consistent with Roundabout
landscaping; 3) relocate overhead utility lines along N. Mandalay, Papaya Street, and San
Marco Avenue; 4) repave and construct cul-de-sacs at western ends of Papaya Street and San
Marco Avenue; 5) cooperate to modify previous settlement agreement to increase
development height from 80 to 145 feet; 6) TDR to permit up to 157 dwelling units on site in
exchange for an equal number of rights to be transferred from applicant’s Meridian property on
Sand Key; 7) assist in remodeling/redeveloping or acquiring commercial parcels in Phase 3 on
west side of N. Mandalay Avenue upon developer’s request; 8) consider vacation of N.
Gulfview Boulevard between San Marco and Papaya; and 9) process permits for on-site sales
office. The proposal complies with the standards for a development agreement and is
consistent with beach redevelopment strategies.
The CDB is requested to review and make a recommendation to the City Commission
regarding the development agreement and its public/private development obligations. Staff
and the applicant have worked together on this project. Staff recommends approval. The City
Commission will consider the board’s recommendation when determining if the development
agreement is consistent with and furthers the goals, policies and objectives of the
Comprehensive Plan.
In response to a question, Development Review Manager Lisa Fierce said this special
meeting was scheduled provide board input to the Commission before tomorrow’s meeting.
Senior Planner Ralph Stone said the CDB would have heard this request last month had it
been advertised properly. The Legal Department has reviewed and approved the subject
agreement. In response to a question regarding the project description, the City Attorney said
the original application had contemplated at least 140 units and no more than 200.
Ed Armstrong, representative, said the development agreement is consistent with
concepts approved by the City Commission in October 1999. In response to a concern
regarding the proposed height, he said the developer plans to request a judge amend the final
order of a settlement stipulation, which expires in 2003 and limits heights at that site to 80 feet.
City support of that amendment is mandatory. Concern was expressed Phase 3
redevelopment of abutting Mandalay Avenue businesses is based on developer request. He
said the developer does not intend to request condemnation of those properties.
To retain the City’s future ability to be involved in Phase 3, Mr. Armstrong said the
agreement must include a related option, although Commission participation is not obligatory.
In response to a question, he said this project has risks and the developer hopes the subject
commercial properties will be redeveloped. All City improvements related to the agreement will
be on public property. In response to a question, Mr. Armstrong reviewed details of the City’s
eminent domain ordinance related to the reimbursement of City expended funds. He said the
developer expects to meet listed time frames and will pay costs related to the relocation of
utilities from vacated land.
Three residents spoke in opposition to the development agreement.
It was recommended concerns related to truck use of East Shore Drive be directed to
the City Commission. Assistant City Attorney Leslie Dougall-Sides reported this meeting had
been advertised properly. She concurred with Mr. Stone that the TDR is legal, that 2 public
access points and public use of the beach are protected, that the City is neither creating nor
maintaining a density pool of development units, that development potentials differ from land
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use categories, and that Code allows the proposed number of units. In response to a
question, Mr. Armstrong estimated staff had spent 150 hours on this process.
Member Petersen moved that based on the staff report and by information submitted
by the applicant, the Community Development Board recommends the City Commission
approve the proposed development agreement between the Mandalay Beach Club, Ltd., (JMC
Communities AKA Cheezum Development) and the City for the condominium development at
10 Papaya Street and 11 San Marco Avenue (both sides of North Gulfview Boulevard between
motion
Papaya Street and San Marco Avenue) in Case DA99-12-01. The was duly seconded.
Members Gildersleeve, Petersen, Plisko, and Acting Chair Johnson voted “Aye”; Member
carried 4:1
Moran voted “Nay.” Motion .
ITEM D – ADJOURNMENT
The meeting adjourned at 3:19 p.m.
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