03/20/2014 CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
IIVlardh 1
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.
1. Call to Order— Mayor George Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Rev. Donna Oberkreser from Central Christian Church
3. Pledge of Allegiance —Vice Mayor Paul Gibson
4. Presentations — Given.
4.1 Service Awards
One service award was presented to a city employee. The March 2014 Employee of
the Month Award was presented to Terry Labelle, Public Utilities.
4.2 Boys and Girls Club Week Proclamation, March 23-29, 2014 - Samantha
Oliveira, Multi-site Director for the Boys and Girls Club
4.3 The Tampa Bay Estuary Annual Program Update - Holly Greening, Executive
Director
Ms. Greening provided a PowerPoint presentation and reviewed program
accomplishments for 2013.
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5. Approval of Minutes
5.1 Approve the minutes of the March 6, 2014 City Council Meeting as submitted in
written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the March 6, 2014 City
Council Meeting as submitted in written summation by the City Clerk. The motion was
duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda
Tom Nocera expressed concerns with the Clearwater Marine Aquarium's proposed
facility expansion and impact Blackfish, a documentary opposing the captivity of killer
whales, will have to the aquarium's attendance.
Erin Bennett requested consideration to amend the city code to allow backyard
chickens within city limits.
Public Hearings - Not before 6:00 PM
7. Administrative Public Hearings
7.1 Approve the annexation, initial Future Land Use Map designation of Residential
Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1732 El Trinidad Drive East (Virginia Grove Terrace, Block 2,
Lot 9) together with all Right of Way of El Trinidad Drive East abutting Lots 8 thru
10, Block 2, Virginia Grove Terrace; and pass Ordinances 8541-14, 8542-14 and
8543-14 on first reading. (ANX2014-01001)
This voluntary annexation petition involves a 0.184-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is on the west side of El
Trinidad Drive East, approximately 670 feet north of SR 590. The applicant is
requesting this annexation in order to receive sanitary sewer and solid waste
service from the City. The Planning and Development Department is also
requesting that the abutting right of way of El Trinidad Drive East also be
annexed. The property is contiguous to existing City boundaries to the west. It is
proposed that the property be assigned a Future Land Use Plan designation of
Residential Low (RL) and a zoning category of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
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The property currently receives water service from the City. The closest sewer line
is located in the El Trinidad Drive right-of-way. Collection of solid waste will be
provided by the City of Clearwater. The property is located within Police District III
and service will be administered through the district headquarters located at 2851
North McMullen Booth Road. Fire and emergency medical services will be
provided to this property by Station 48 located at 1700 North Belcher Road. The
City has adequate capacity to serve this property with sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
The proposed annexation is consistent with and promotes the following objective
of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Low (RL) Future Land Use Map category is consistent
with the current Countywide Plan designation of this property. This designation
primarily permits residential uses at a density of 5 units per acre. The proposed
zoning district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is consistent with the
uses allowed in the district and the property exceeds the district's minimum
dimensional requirements. The proposed annexation is therefore consistent with
the Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
The property proposed for annexation is contiguous to existing City boundaries to
the west; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor Paul Gibson moved to approve the annexation, initial Future Land Use Map
designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 1732 El Trinidad Drive East (Virginia Grove
Terrace, Block 2, Lot 9) together with all Right of Way of El Trinidad Drive East abutting
Lots 8 thru 10, Block 2, Virginia Grove Terrace. The motion was duly seconded and
carried unanimously.
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Ordinance 8541-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8541-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8542-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8542-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8543-14 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass Ordinance 8543-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
7.2 Approve the annexation, initial Future Land Use Map designation of Residential
Urban (RU) and initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 1255 Union Street, 1353 Union Street, 1964
Chenango Avenue, and 1284 Bertland Way, together with the south half of the
Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn
Subdivision; and pass Ordinances 8544-14, 8545-14 and 8546-14 on first
reading. (ANX2014-01002)
This voluntary annexation petition involves four parcels of land totaling 0.561
acres. All parcels are occupied by a single-family dwelling. The four lots are
located south of Union Street, east of Douglas Avenue, north of Sunset Point
Road (SR 576), and west of Kings Highway. The applicants are requesting
annexation in order to receive solid waste service from the City, and will connect
to City sewer when it is available in the future, as part of the City's Idlewild/The
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Mall Septic-to-Sewer Project. All properties are contiguous to existing city
boundaries in at least one direction. It is proposed that the properties be assigned
a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
The properties currently receive water service from the City. Collection of solid
waste will be provided to the properties by the City. The applicants will connect to
the City's sanitary sewer service when it is available, and are aware of the fee that
must be paid in order to connect and the financial incentives available. The
properties are located within Police District II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to these properties by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations will not have an adverse effect on public facilities and
their levels of service; and
The proposed annexations are consistent with and promote the following
objectives of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of Clearwater, compact
urban development within the urban service area shall be promoted through
application of the Clearwater Community Development Code.
Objective A.7.2 Diversify and expand the City's tax base through the annexation
of a variety of land uses located within the Clearwater Planning Area.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of these properties. This
designation primarily permits residential uses at a density of 7.5 units per acre.
The proposed zoning district to be assigned to the properties is the Low Medium
Density Residential (LMDR) District. The use of the subject properties is
consistent with the uses allowed in the district and the properties exceed the
district's minimum dimensional requirements. The proposed annexations are
therefore consistent with the Countywide Plan and the City's Comprehensive Plan
and Community Development Code; and
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The properties proposed for annexation are contiguous to existing City
boundaries; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Vice Mayor Paul Gibson moved to approve the annexation, initial Future Land Use Map
designation of Residential Urban (RU) and initial Zoning Atlas designation of Low
Medium Density Residential (LMDR) District for 1255 Union Street, 1353 Union Street,
1964 Chenango Avenue, and 1284 Bertland Way, together with the south half of the
Union Street Right of Way abutting Lots 1 and 2, Block D, in Brooklawn Subdivision.
The motion was duly seconded and carried unanimously.
Ordinance 8544-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8544-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8545-14 was presented and read by title only. Councilmember Doreen
Hock-DiPolito moved to pass Ordinance 8545-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8546-14 was presented and read by title only. Councilmember Jay E.
Polglaze moved to pass on Ordinance 8546-14 on first reading. The motion was duly
seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
7.3 Approve amendments to the Community Development Code addressing the
locational criteria for community residential homes, the establishment of the
planned medical campus and planned medical campus project uses, the
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establishment of standards regarding valet parking, and the definitions of
outdoor storage, planned medical campus and planned medical campus project
and pass Ordinance 8540-14 on first reading.
On January 21, 2003, the Community Development Board (CDB) approved a
Flexible Development application for Morton Plant Hospital to act as a master plan
of sorts for the hospital campus. However, over the years, this method of approval
has been found to be lacking in flexibility from a hospital planning perspective and
staff and the hospital have been searching for a new method to facilitate current
and future development of the hospital campus without requiring public hearings
to make even slight amendments to a prior approval. As such, staff is proposing
the following amendments to the Community Development Code (CDC):
• Establish Planned Medical Campus Project as a Flexible Standard
Development (FLS) use within the Institutional (1) District, and establishes
Planned Medical Campus as a Flexible Development (FLD) use within the
Institutional (1) District;
• Provide for development standards and flexibility criteria for the Planned
Medical Campus and Planned Medical Campus Project uses;
• Define Planned Medical Campus as land that is planned and developed as
a whole in a single development or a programmed series of developments
for the purpose of providing medical, diagnostic, and treatment services
including physician, nursing, specialized accommodations, and other health
services. A planned medical campus may include numerous projects to be
constructed over a period of time and will include not only the buildings
where various health services will be provided, but also those streets, off-
street parking areas, pedestrian and bicycle circulation systems, and
utilities serving those buildings; and,
• Define Planned Medical Campus Project as a project that is identified as a
part of an approved planned medical campus. This term expressly does not
include stormwater and utility projects that are not otherwise expressly
associated with or required for a primary or accessory use allowed within
the campus.
In addition, staff is also proposing the following additional amendments to the
CDC:
• Amend Chart 2-100 to remove Outdoor Retail Sales, Display and/or
Storage as a permissible use in the Industrial, Research and Technology
(IRT) District and replace it with Outdoor Storage;
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• Provide a footnote to Tables 2-202, 2-302, 2-402, and 2-502, further
illustrating the existing requirement that Community Residential Homes
shall not be located within 1,000 feet of one another;
• Establish standards regarding valet parking that would only permit such
for overnight accommodations uses within the Tourist (T) and Downtown
(D) Districts, or within a Special Area Plan; and would require an
attendant be available 24-hours per day; and allow certain exceptions to
the design standards for parking lots and garages; and,
• Define Outdoor Storage as the storage, in an outdoor unroofed area, of
merchandise offered for sale as a permitted use or of equipment,
machinery and materials used in the ordinary course of a permitted use.
This term expressly does not include debris or salvage yards as defined in
this section.
The Planning and Development Department has determined that the proposed
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) will review the proposed text amendment at its
meeting of March 18, 2014.
Planner Robert Tefft reviewed language clarifying valet parking design criteria. Staff
recommends Section 9, page 12, of the ordinance be amended to read as follows:
K. Valet parking design.
An overnight accommodations use located in either the Tourist (T) District,
Downtown (D) District, or within a Special Area Plan, and that moots its minima rn off_
street parking requirement (innli si„o of any provided valet parking spaGes) may provide
all or part of its required off-street parking as valet parking provided that a parking
garage or parking lot with attendants are available 24-hours per day to receive, park
and deliver the automobiles of occupants, tenants, customers and visitors on a
permanent basis. The design of the valet parking must meet, s bjeGt to mooting all
other requirements of this section with the following exceptions:
a1. Parking spaces need not be delineated with pavement marking;
however stall and aisle dimensions shall be depicted on the site plan; and
Q. Parking stall dimensions shall be a minimum of eight and one-half
(8'/2) feet wide and sixteen (16') feet deep with a maximum stacking of two
(2) vehicles; and
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E3. Parking spaces may be provided within the drive-aisle of the valet
parking area so long as they are located on only on one side of the drive-
aisle.
2. Any evernight aGGOMmedations use that does not rneet its minimurn off street parking
r°cquT�e °.-nr may not tatiliz o valet parking
Vice Mayor Paul Gibson moved to approve amendments to the Community
Development Code addressing the locational criteria for community residential homes,
the establishment of the planned medical campus and planned medical campus project
uses, the establishment of standards regarding valet parking, and the definitions of
outdoor storage, planned medical campus and planned medical campus project. The
motion was duly seconded and carried unanimously.
Ordinance 8540-14 was presented and read by title only.
Councilmember Doreen Hock-DiPolito moved to amend Ordinance 8540-14, Section 3-
1402.K on page 12, as follows:
K. Valet parking design.
An overnight accommodations use located in either the Tourist (T) District,
Downtown (D) District, or within a Special Area Plan, and that moots its minima rn off_
street parking requirement (innli si„o of any provided valet parking spaces) may provide
all or part of its required off-street parking as valet parking provided that a parking
garage or parking lot with attendants are available 24-hours per day to receive, park
and deliver the automobiles of occupants, tenants, customers and visitors on a
permanent basis. The design of the valet parking must meet, s bjeGt to mooting all
other requirements of this section with the following exceptions:
a1. Parking spaces need not be delineated with pavement marking;
however stall and aisle dimensions shall be depicted on the site plan; and
Q. Parking stall dimensions shall be a minimum of eight and one-half
(8'/2) feet wide and sixteen (16') feet deep with a maximum stacking of two
(2) vehicles; and
E3. Parking spaces may be provided within the drive-aisle of the valet
parking area so long as they are located on only on one side of the drive-
aisle.
2. Any evernight aGGOMmedations use that does not rneet its minimurn off street parking
r°cquT�e °)nr may not valet parking
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The motion was duly seconded and carried unanimously.
Councilmember Bill Jonson moved to pass Ordinance 8540-14, as amended, on first
reading. The motion was duly seconded and upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
City Manager Reports
8. Consent Agenda —Approved as submitted.
8.1 Approve the purchase of property insurance policies, from April 1, 2014 to April
1, 2015, at the level of insurance provided for in this agenda item, at an amount
not to exceed $1,866,570, and authorize the appropriate officials to execute
same. (consent)
8.2 Approve the second renewal of a Purchase Order, in the amount of$1,640,300,
with Florida Gas Contractors, Inc. for the replacement of antiquated gas mains
and service lines for the period of April 1, 2014 to March 31, 2015, and authorize
the appropriate officials to execute same. (consent)
8.3 Approve the fourth amendment to the Capitol Theatre Operating Agreement
between the City of Clearwater and Ruth Eckerd Hall, Inc. REH) deleting the
requirement of the receipt of State funding identified in previous amendments,
and authorize the appropriate officials to execute same. (consent)
8.4 Award a contract (Purchase order) for $125,337.00 to Alan Jay Fleet Sales for
three 2014 Chevy Suburbans, in accordance with the Florida Sheriffs Contract
13-21-0904, 2.564(1)(d), Code of Ordinances - Other Governmental Bid;
authorize lease purchase under the City's Master Lease Purchase Agreement, or
internal financing via an interfund loan from the Capital Improvement Fund,
whichever is deemed to be in the City's best interests; and authorize the
appropriate officials to execute same. (consent)
8.5 Award a Contract (Purchase Order) for$162,888.00 to Hub City Ford, for eight
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2014 Ford Taurus sedans, in accordance with the Florida Sheriffs Contract 13-
21-0904, 2.564(1)(d), Code of Ordinances - Other Governmental Bid; authorize
lease purchase under the City's Master Lease Purchase Agreement, or internal
financing via an interfund loan from the Capital Improvement Fund, whichever is
deemed to be in the City's best interests; and authorize the appropriate officials
to execute same. (consent)
8.6 Award a contract (purchase order) to J Grez Transport, Inc. of Tampa, FL in the
amount of$270,000 for the hauling of single stream recycling commodity from
the City's recycling facility to the processing contractors facility, from April 1,
2014 through March 30, 2015, as provided in the City's Code of Ordinances,
Section 2.561 and authorize the appropriate officials to execute the same.
consent
8.7 Approve a work order to King Engineering Associates, Inc. Engineer of Record
(EOR) in the amount of$190,792.00 to provide planning, design, permitting and
other services related to the County Road 193, Grove Circle, and Belcher Area
Sewer Expansion Project (13-0049-UT); and authorize the appropriate officials to
execute same. (consent)
8.8 Award a construction contract to Wharton-Smith, Inc. of Sanford, Florida, in the
amount of$2,330,020 for construction of the Northeast Water Reclamation
Facility Screw Lift Station Upgrades Project 12-0017-UT, which is the lowest
responsible bid received in accordance with the plans and specifications for this
project; approve a work order to Engineer of Record, Jones Edmunds and
Associates, Inc. in the amount of$161,444 to provide Construction, Engineering
and Inspection (CEI) services, and authorize the appropriate officials to execute
same. (consent)
8.9 Appoint Suzanne Ruley as the Clearwater Arts Alliance, Inc. representative and
reappoint Alex Plisko, Jr. to the Public Art and Design Board with terms to expire
March 31, 2018. (consent)
Councilmember Jay Polglaze moved to approve the Consent Agenda as submitted and
authorize the appropriate officials to execute same. The motion was duly seconded and
carried unanimously.
9. Other Items on City Manager Reports
9.1 Amend the City's fiscal year 2013/14 Operating and Capital Improvement
Budgets at first quarter and pass Ordinances 8550-14 and 8551-14 on first
reading.
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The fiscal year 2013/14 Operating and Capital Improvement Budgets were
adopted in September 2013 by Ordinances 8476-13 and 8477-13. Section 2.521
of the City's Code of Ordinances requires the City Manager to prepare a quarterly
report detailing income, expenditure estimates, collections, the explanation of
significant variances, as well as the financial status of all capital improvement
projects. The memorandum and the accompanying report provide this information
and outline the issues at first quarter that require amendment.
Councilmember Jay Polglaze moved to amend the City's fiscal year 2013/14 Operating
and Capital Improvement Budgets at first quarter. The motion was duly seconded and
carried unanimously.
Ordinance 8550-14 was presented and read by title only. Vice Mayor Paul Gibson
moved to pass Ordinance 8550-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
Ordinance 8551-14 was presented and read by title only. Councilmember Bill Jonson
moved to pass Ordinance 8551-14 on first reading. The motion was duly seconded and
upon roll call, the vote was-
'Ayes . Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay E.
Polglaze
"Nays": None
9.2 Provide direction regarding amending the Clearwater Downtown Redevelopment
Plan to allow high and dry marina facilities in the Old Bay Character District in
Downtown Clearwater.
The Clearwater Downtown Redevelopment Plan (Downtown Plan) effective in
2004 consolidated planning efforts and previous planning documents for the
original Community Redevelopment Area, four areas adjacent to Downtown
governed by the Downtown Clearwater Periphery Plan, and the expanded
Community Redevelopment Area (East Gateway). Three of the most important
principles that guided the development of the Plan centered on the need to focus
on Downtown's unique waterfront location, the need to attract new residents
through the construction of new housing and the need to eliminate blighting
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conditions such as industrial uses, lack of infrastructure and dilapidated
properties.
The Downtown Plan established six distinctive Character Districts to govern
development. The Old Bay Character District located north of the Downtown Core
(Old Bay Character District Location Map) specifically calls for the redevelopment
of land west of North Osceola Avenue along Clearwater Harbor with higher-
density residential uses (100 to 150 feet in height). Due to its waterfront location,
this area is a prime residential area that will likely attract redevelopment that will
expand the available housing choices and price points in Downtown.
Issue
A site plan application was filed for a high and dry boat storage facility at 900 N.
Osceola Avenue which is located on the west side of North Osceola Avenue and
on the most northern parcel of the Old Bay Character District adjacent to a single
family zoned neighborhood. The Community Development Board reviewed the
application at its July 16, 2013 meeting and after much discussion denied the
application due to the proposed use's inconsistency with the Downtown Plan. The
applicant is now requesting that City Council consider amending the Downtown
Plan to support a high and dry boat storage facility in this location.
Background
This site was once occupied by the Clearwater Bay Marina and included open and
covered boat slips on the water, boat repair and storage on the uplands as well as
several small single story buildings. The 2000 update of the Periphery Plan
identified this property as a mixed-use (commercial, residential and office)
waterfront redevelopment site and then later the 2004 Downtown Plan recognized
this area solely for residential development. In January 2005, a 133 unit
residential development known as Antiqua Bay was approved for the site. The
nonconforming high and dry facilities were demolished and the condominium
construction got underway. Unfortunately, the development became a victim of
the Great Recession and construction was abandoned at some point after the
pilings were constructed.
In 2009, the Community Development Board approved an application to reuse the
vacant marina slips that still existed at the site. This approval was granted so the
owner could enjoy some economic use of the property until the residential market
rebounded. The conditions of approval were very clear that the marina could not
be commercial in nature, could have no fueling facilities, boat launching or dry
storage of boats and the submerged land could not be separated from the upland.
Furthermore, there was a condition regarding the need to comply with the Plan's
transition guidelines when a residential component is proposed for the site. The
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property owner is now requesting that City Council abandon its vision for the
District and allow the re-establishment of an industrial-like use that was previously
eliminated consistent with the Plan's strategic objectives.
Recommendation
The Downtown Plan establishes a long-term vision for Downtown Clearwater.
Staff's caution in this case is to potentially sacrifice long-term vision for short-term
gains due to pressures of expediency. The City of Clearwater clearly determined
at some point to de-industrialize its downtown harbor front in favor of re-
invigorating Downtown as a residential location. Staff does not in any way
question the viability of a high and dry marina, but rather questions the
presumption that long-term viability or desirability of the area to support residential
infill development is somehow now misplaced.
There is clear evidence that the residential market is beginning to gain some
strength and this includes Downtown. On February 18, 2014, the Community
Development Board approved a 153-unit rental development essentially across
the street from the site at 802 North Fort Harrison Avenue (Proposed High and
Dry Location Map). On May 21, 2013, the Community Development Board
approved a 52-unit condominium at 400 Cleveland Street in the Downtown Core.
Staff has been advised the developer will be filing for building permits in 30 days.
The Finale Condominium located at 1590 Gulf Boulevard was approved on April
29, 2013 and is now under construction. A site plan application has been
submitted for the Prospect Lake Park project, which includes 257 rental units and
the Department, is starting to field serious inquires about the abandoned 1100
Cleveland Street property.
The Planning and Development Department believes the current vision for the Old
Bay Character District remains valid and should not be changed to reestablish a
working waterfront use in an area targeted for new waterfront residential
redevelopment. If City Council is inclined to change its vision in favor of a high
and dry boat storage facility in this location, it may want to consider this issue as a
topic for the ULI Panel Advisory Study.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the Downtown Plan specifies residential development west of Osceola Avenue.
Since marinas are not listed as prohibitive use in the Old Bay Character District, staff
may move forward with the request without amending the Plan if Council provides that
policy direction. Development of the Downtown Plan included a lengthy public process,
which included Council and citizen input. Planning and Development Director Michael
Delk said the Applicant can file another application if Council provides staff direction that
the policy be amended so that the area west of Osceola Avenue not be residential in
scope. This policy change will require an ordinance change.
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The City Attorney said allowing the proposed use in this area will not change the
regulatory standards relating to height and separation.
Ms. Clayton said the proposed project does not meet the setback requirements from the
north property line. The setback from the east mean high water line is 92 feet. The
City Attorney said the application presented to the City is unlikely to be approved under
the current code.
Six individuals spoke in support. One individual expressed concerns with the lack of
setback transitions in the proposed project.
Discussion ensued with support expressed to include subject area in the ULI (Urban
Land Institute) study and proceed with any plan amendments when the study is
completed and opportunity for public comment has been given. Concerns were
expressed with current state of the proposed site and impact delaying staff guidance
would have on the project.
Councilmember Jonson Moved to deny giving the requested guidance to staff that we
would allow a marina in this location, and further that we would require that public
comment in a public meeting be held as well as the ULI study prior to rehearing that
request. The motion was duly seconded. Mayor George Cretekos and Councilmembers
Doreen Hock-DiPolito and Bill Jonson voted, "Aye"; Vice Mayor Paul Gibson and
Councilmember Jay Polglaze voted "Nay".
Motion carried.
9.3 Approve the Letter of Intent between Paradise Group, LLC, of Safety Harbor,
Florida and The City of Clearwater, Florida concerning the design, finance
construction, ownership and operation of a parking garage and retail complex at
the rear of the Pelican Walk Retail Center on Poinsettia Street; authorize the
appropriate officials to execute same and; direct staff to negotiate and prepare
the necessary documents to implement the terms and conditions of the Letter of
Intent.
Beach by Design, the City Redevelopment Plan for Clearwater Beach, identified
the parcel located behind the Pelican Walk Retail Center on Poinsettia Street as a
strategic location for a public parking garage to facilitate achievement of the Plan
intent to revitalize the Beach, and particularly the Marina District, by increasing
visitor/beachgoer parking in the Mandalay /North Beach area as well as freeing
up the development potential of the small, waterfront parcels along East Shore
through the ready availability of proximate off-street parking .
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Negotiations with owners of the subject parcel have occurred periodically since
2002, but due to a variety of economic and business circumstances, failed to
produce an agreement to allow construction of the garage. During this same
period, however, the need for the parking, from both visitor/beachgoer/employee
and East Shore development potential standpoints have continued to increase.
The need for a parking structure has become evident, and the strategic location of
the Pelican Walk parcel has taken on heightened significance.
Council members have, throughout this period, indicated to staff the perceived
strategic importance of the garage/garage site and urged staff to bring forward for
council consideration any viable deal structures that could result in construction of
a public parking structure to address the above-stated needs/objectives.
Paradise Group, LLC has obtained a purchase option on the Pelican Walk Retail
Center and Poinsettia Street lot and has approached the City to discuss a
structure to allow construction of the Beach by Design -recommended parking
structure in conjunction with a repositioning of the Pelican Walk Retail Center.
Their purchase option expires on June 1, 2014, necessitating an expeditious
response by the parties.
Paradise Group, LLC and city staff have met to discuss parameters of a deal
structure to meet developer requirements to complete acquisition of the complex,
as well as city financial, legal and policy constraints. The Letter of Intent reflects
the results of those discussions.
The Letter of Intent provides, among other provisions, that Paradise Group would
construct and operate the garage until the City put obligation of$9.3 million
expires in July 1, 2016, after which the City would purchase 450 spaces of public
parking via a condominium arrangement. The purchase price would total $11,
314, 800, or $25,144/space. Paradise would retain ownership of the ground floor,
through condominium, for employee parking, service access/egress and 11,000
sq. ft. of retail facing Poinsettia Street and construct 50 spaces in the garage for
Pelican Walk Retail parking in the garage structure. The option to add additional
spaces to the City condominium prior to design, at $25, 441/space, is provided.
Since the Paradise Group, LLC is constructing and operating the garage until
2016 to bridge until the L.O. M. put obligation is released, as a concession to the
City, the City would be obligated to fund up to the first $ 250,000 of operating loss
against a gross revenue hurdle return of$1,250,000 annually. Any additional
operating deficit would be the responsibility of the Paradise Group.
The agreement is subject to a financial feasibility study of the projected garage,
acceptable to both parties, and memorialization of the terms and conditions in the
Council 2014-03-20 16
necessary Development Agreement, purchase contract, condominium documents
and development approvals.
Funding for the transaction is anticipated to be the $9.3 million L.O.M. put option
reserve, anticipated to be available after June 30, 2016, combined with $2,
014,800 from the Parking Fund. An alternate could be the issuance of revenue
bonds against the pledged revenue of the parking fund.
The Council recessed from 7:55 p.m. to 8:05 p.m.
In response to questions, Engineering Director Mike Quillen said staff anticipates the
proposed structure will be six levels above ground level. Adding more parking levels
will increase the overall cost. Structure may be designed to accommodate additional
parking levels at a later date; the biggest cost will be the initial cost to build a garage
that can structurally support additional levels. Mr. Quillen said the structural support
would double once the garage is designed above seven levels, which will increase
construction cost by an additional $5,000 per parking space. Assistant City Manager
Rod Irwin said there is only 19,000 sq. ft. available on the site; 10,000 sq. ft. to 13,000
sq. ft. will be for retail space on the ground level, facing Poinsettia.
One individual spoke in support.
In response to a concern regarding the access points into the garage, Mr. Quillen said
staff is studying impact of a one-way traffic pair model. Staff will provide report findings
to Council at the following work session.
Councilmember Doreen Hock-DiPolito moved approve the Letter of Intent between
Paradise Group, LLC, of Safety Harbor, Florida and The City of Clearwater, Florida
concerning the design, finance construction, ownership and operation of a parking
garage and retail complex at the rear of the Pelican Walk Retail Center on Poinsettia
Street; authorize the appropriate officials to execute same and; direct staff to negotiate
and prepare the necessary documents to implement the terms and conditions of the
Letter of Intent. The motion was duly seconded and carried unanimously.
9.4 Pinellas County Aircraft Noise Abatement Task Force Appointment
Councilmember Bill Jonson moved to appoint Gaetano Accetta to the Pinellas County
Aircraft Noise Abatement Task Force.
It was stated that Mr. Accetta lives closest to the airport and was a Citizens Academy
graduate.
Council 2014-03-20 17
The motion failed for lack of a second.
Councilmember Doreen Hock - DiPolito moved to appoint Michael Short to the Pinellas
County Aircraft Noise Abatement Task Force. The motion was duly seconded and
carried unanimously.
Miscellaneous Reports and Items
10. City Manager Verbal Reports — None.
11. Closing Comments by Mayor
Mayor George Cretekos reviewed recent and upcoming events.
12. Adjourn
The meeting adjourned at 8:44 p.m.
Attest
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City Clerk
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ayor
of Clearwater
Council 2014 -03 -20 18