06/04/2014 City Council Meeting Minutes June 4, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Wednesday, June 4, 2014
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes June 4, 2014
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Councilmember Jay E. Polglaze
Also present: William B. Horne 11 - 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 Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation - Pastor Steve Kreloff, Lakeside Community Chapel
3. Pledge of Allegiance - Vice Mayor Hock-DiPolito
4. Presentations - Given.
4.1 World Refugee Day Proclamation, June 12, 2014 - Amira Salama, Exec. Dir. Coptic
Orthodox Charities, Inc.
4.2 National Homeownership Month Proclamation, June 2014 - Terry Malcolm Smith and
Jerry Spilatro
4.3 Code Enforcement Officers' Appreciation Week Proclamation, June 2-6, 2014,
Clearwater Code Enforcement Officers
4.4 Immigration Heritage Month Proclamation, June 2014
5. Citizens to be heard re items not on the agenda
Robert Formeister requested the City to notify citizens when stormwater
outfall cleaning and inspections would occur and requested
consideration to establish a city veteran liaison to help local veterans
with benefit entitlements.
It was stated that Pinellas County has established a position to assist
local veterans.
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City Council Meeting Minutes June 4, 2014
Corina Morrison said the Martin Luther King, Jr. Neighborhood Center
Coalition received the Presidential Volunteer Service Award for 2013 for
their efforts in helping to reopen their neighborhood center. She invited
all to attend the Center's Farmer's Market on Saturdays and meetings
each Tuesday evening.
Public Hearings - Not before 6:00 PM
6. Administrative Public Hearings
6.1 Provide direction on the proposed Development Agreement between Mainstream Partners
VI 11, LTD. (the property owner) and the City of Clearwater, providing for the allocation of 96
units from the Hotel Density Reserve under Beach by Design and confirm a second public
hearing in City Council Chambers before City Council on June 19, 2014 at 6:00 p.m., or as
soon thereafter as may be heard. (HDA2013-08005)
Site Location and Existing Conditions:
The 0.962-acre site is bound by Coronado Drive (west), Hamden Drive (east)
and 5th Street (south). The subject property is comprised of five parcels with a
frontage of approximately 180 feet along Coronado Drive and Hamden Drive.
The site is currently vacant. The subject property is zoned Tourist (T) District
with an underlying Future Land Use Plan (FLUP) category of Resort Facilities
High (RFH). The subject property is also located within the Small Motel District
of Beach by Design.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses with heights ranging from one to 15 stories. The
property directly north of this property is developed with an overnight
accommodation use. The City's Beach Walk project, to the west, has been
constructed transforming South Gulfview Boulevard to the north of this site into
a winding beachside promenade with lush landscaping, artistic touches and
clear views to Clearwater's award-winning beach and the water beyond.
Development Proposal:
The owners have demolished all existing structures on the site and propose to
utilize the otherwise permitted density of 50 units per acre or 48 units and
incorporate an additional 96 units from the Hotel Density Reserve through
Beach by Design resulting in a total of 144 units (150 units per acre).
The building will be 99.33 feet (from Base Flood Elevation) to flat roof with the
parking on the first four levels. The proposal includes a tropical modern
architecture, which is consistent with and complements the tropical vernacular
envisioned in Beach by Design.
Vehicular access will be provided at three points; access into the parking
garage will be provided with one two-way driveway each along Hamden Drive
and 5th Street. The third access point is a service driveway at the northwest
corner of the site. The access point along 5th Street consists of two driveways
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with the eastern driveway providing an ingress/egress point for the parking
garage and ingress to a short drop-off area at the hotel entry exiting back onto
5th Street.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an
Overnight Accommodation use is 20,000 square feet and between 100 and
150 feet, respectively. The subject property is 41,924 square feet in area and
approximately 180 feet wide. The site is consistent with these Code
provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet to building along the front
(east and west) along Hamden Drive and Coronado Drive, respectively and 10
and 15 feet along the sides (north and south, respectively). The proposed
setbacks may be approved as part of a Level Two (FLD) application, subject to
meeting the applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. The proposal provides for a building 99.33 feet in height as
measured from BFE where a height of up to 100 feet is permitted as
prescribed by Beach by Design and as a Level Two (FLD) application, subject
to meeting the applicable flexibility criteria of the Community Development
Code.
This section also requires that portions of any structures which exceed 100 feet
are spaced at least 100 feet apart. This section also includes overall
separation requirements for structures over 100 feet in height as two options:
(1) no more than two structures which exceed 100 feet within 500 feet; or (2)
no more than four structures which exceed 100 feet within 800 feet.
The proposal provides for a building which does not exceed 100 feet in height.
The height of the proposed building is consistent with the guidelines of Beach
by Design.
Minimum Off-Street Parking:
The 144-room overnight accommodation use requires a minimum of 173
off-street parking spaces. A parking garage located on the first four levels of
the building will provide 173 spaces. This is consistent with the applicable
Sections of the Community Development Code.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this
time, the conceptual landscape areas depicted on the site plan show that
foundation landscaping will be provided along all sides of the site. Since no
perimeter landscape buffers are required in the Tourist (T) District, the
proposed landscape areas meet or exceed what is required. It is noted,
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however, that flexibility may be requested (as necessary) as part of a
Comprehensive Landscape Program which would be reviewed at time of
formal site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was
conducted and the proposed building does appear to be generally consistent
with the applicable Design Guidelines established in Beach by Design. It is
noted, however, that a more formal review of these Guidelines will need to be
conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue to operate at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of up to 96 units from the Hotel Density Reserve
or a maximum density of 150 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Community Development Code (CDC)
Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
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hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The City Attorney said the Applicant has agreed to change language in
the development agreement to include restrictions for amplified noise
(11 and midnight). The corrected agreement will come before Council
during the second public hearing.
In response to questions, Planner Robert Tefft said the proposed
project complies with Beach by Design's stepback provisions. Planning
and Development Director Michael Delk said the project has not been
fully vetted by the development review process.
Applicant Representative Ed Hooper reviewed the request.
In response to questions, Architect Istvan Peteranecz said the hotel is
located on Coronado Drive and 5th Street, with entry to the hotel on
5th Street. The public area faces Coronado Drive and 5th Street. The
accessory area on the ground level is intended to enliven the
streetscape and will include some hotel functions, such as a gift shop
and some of the lobby. The accessory area will also engage pedestrian
traffic. Mr. Hooper said the hotel will consist of 48 units with an
additional 96 units from the hotel density pool. The number of hotel units
will be 144. The building will be 99.33 ft. tall, from base flood elevation
to the flat roof. The proposed project is a limited service hotel.
Vice Mayor Hock-DiPolito moved to approve Item 6.1. The motion
was duly seconded and carried unanimously.
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
6.2 Provide direction on the proposed Development Agreement between Decade Gulf Coast
Hotel Partners, L.P. and J.K. Gulfview LLC. (the property owners) and the City of
Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under
Beach by Design and confirm a second public hearing in City Council Chambers before City
Council on June 19, 2014 at 6:00 p.m., or as soon thereafter as may be heard.
(HDA2014-04002)
Site Location and Existing Conditions:
The 4.87-acre subject property is located on the south side of South Gulfview
Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of
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frontage along South Gulf Boulevard and 600 feet of frontage along the
Clearwater Pass. The property spans two zoning districts including Tourist (T)
and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP)
classification, Resort Facilities High (RFH). The subject property is also
located within the South Beach/Clearwater Pass District of Beach by Design.
The portion of the site within the T District is 3.908 acres and landward of an
existing seawall. The remainder of the site is submerged land and constitutes
0.962 acres. Only the portion of the site within the T District is considered with
regard to development potential such as Impervious Surface ratio (ISR), Gross
Floor Area (GFA) and density.
The property is not oriented due north/south and for the purposes of this
agenda item the property line along South Gulfview Boulevard will be referred
to as the north property line, the waterfront side as south and the other two
sides as east and west.
The immediate area is characterized by a variety of uses including overnight
accommodation, retail, outdoor recreation and entertainment, restaurant and
attached dwelling uses. The 440 and 450 West attached dwelling
condominiums towers are located to the west of the subject property and are
157 feet in height (each tower). Shephard's is located to the east of the site.
The City's Beach Walk project has been constructed transforming South
Gulfview Boulevard to the north of this site into a winding beachside
promenade with lush landscaping, artistic touches and clear views to
Clearwater's award-winning beach and the water beyond.
The property is used as a 189-unit overnight accommodation use and has a
valid Business Tax Receipt (BTR-0024076). The hotel units are located within
two buildings ranging between seven and nine stories. These two buildings
are located on the eastern two-thirds of the site. A 6,144 square-foot two story
conference center is located at the southeast corner of the site. Parking is
provided via a mix of surface parking and structured, under-building parking. A
landscape buffer approximately three feet in width is provided along the north
property line adjacent to South Gulfview Boulevard. A public access easement
with sidewalk runs along the west side of the site. Access to the site is
provided from South Gulfview Boulevard via three two-way driveways with one
centrally located and one each at the northeast and northwest corners of the
site.
Site History:
➢ On January 18, 2005, the Community Development Board (CDB)
approved Cases FLD2004-04025/TDR2004-09011 for the Termination
of Status of Nonconformity for density to allow the continuation of an
existing 289-room/unit hotel (where 156 rooms/units were permitted at
the time); site plan approval of a mixed use development, as a
Comprehensive Infill Redevelopment Project and a Transfer of
Development Rights for two dwelling units from 850 Bayway Boulevard.
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➢ Two minor amendments were approved by the Community
Development Coordinator on December 28, 2005 and April 5, 2006.
➢ On May 15, 2007, the CDB approved Case FLD2007-03008 to permit
the addition of a 6,144 square-foot conference center as an accessory
use to an existing hotel as a Comprehensive Infill Redevelopment
Project under the (then) provisions of Section 2-803.C.
All required time frames set for each of the above site plan approvals have
been met and the approvals are considered vested. It is important to note that
the Termination of Status of Nonconformity (TSN) request for density and the
Transfer of Development Rights (TDR) run with the land irrespective of the
status of any associated site plan approvals. It should also be noted that no
residential units were ever physically established on the property.
➢ On January 21, 2014, the CDB approved Case FLD2013-11038 to
permit a 314-room overnight accommodation use (including 189
existing units and 75 dwelling units converted to 125 overnight
accommodation units previously approved and transferred under
FLD2004-04025 and TDR2004-09011).
The abovementioned application (FLD2013-11038) has not been vested as
permits for site and/or building work have yet to be submitted. In addition,
should this request for additional density from the Reserve be approved by the
Council the site will need to be resubmitted to the CDB for approval due to the
increase in density.
In summary, the overall site plan for this site has been approved and
substantially implemented through a series of Flexible Development requests
over the last nine years.
Development Proposal:
The owners propose to utilize the otherwise permitted density of 314 units and
incorporate an additional 30 units from the Hotel Density Reserve through
Beach by Design resulting in a total of 344 units (88 units per acre). It should
be reiterated that the only portion of the site which provides intensity of use is
the 3.908 acre portion within the T District.
The current proposal is to maintain the approved site plan and elevations and,
existing buildings. The additional density of 30 hotel units will be
accommodated within the recently approved western building. The proposed
building will be just less than 100 feet (from Base Flood Elevation) to flat roof
with parking on the first five levels. Since no portion of the building exceeds
100 feet in height separation requirements from other buildings greater than
100 feet in height as otherwise required by Beach by Design do not apply. The
materials and colors of the building will support its Mediterranean Revival
architectural style. The building will be painted four earth tones ranging from
brownish-gold to medium brown to shades of white. The building facades are
broken up with a variety of offsets, windows, balconies and rooflines. The
proposed hotel design is compatible with the surrounding uses and
complements the existing buildings on site. It will be located approximately 17
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feet from the centrally-located building already on the site.
All parking for the hotel guests and employees is provided within the first five
floors of the building. Guest rooms begin on the third level. A total of 352
spaces are provided within the building. This differs slightly from the approved
site plans which included 346 spaces. The architect was able to modify
portions of the parking levels to gain an additional six spaces. An additional 61
spaces are provided elsewhere on the site either as surface parking or under
existing buildings bringing the total number of provided spaces to 413 or 1.2
parking spaces per hotel room where 1.2 spaces is required.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight
Accommodations is between 10,000 and 20,000 square feet. The subject
property is 170,232 square feet in area landward of the seawall (zoned T
District). Pursuant to the same Table, the minimum lot width for overnight
accommodations can range between 100 and 150 feet. The lot width of this
site along South Gulfview Boulevard is 467 feet. The proposal is consistent
with these Code provisions.
Minimum Setbacks:
Pursuant to Table 2-803, CDC, the minimum required front setbacks for
Overnight Accommodations can range between zero and 15 feet, minimum
side setback between zero and 10 feet and minimum rear setback between
zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots
shall be set back from front property lines a distance of 15 feet, and shall be
set back from all other property lines a distance that is consistent with the
required perimeter landscape buffer width. However, for properties within the T
District, the setback for parking lots shall be based a dimension consistent with
the existing/proposed building setback, or at a dimension consistent with
setbacks required or otherwise established by Beach by Design, whichever is
less. Section F of the Design Guidelines within Beach by Design provides that
all parking areas are to be separated from public rights-of-way by a landscaped
decorative wall, fence or other opaque landscape treatment of not less than
three feet and not more than 3.5 feet in height. Surface parking areas that are
visible from public streets or other public places must be landscaped such that
the parking areas are defined more by their landscaping materials than their
paved areas when viewed from adjacent properties. The required setback to
parking is therefore, three feet.
The approved site plan includes a front (north) setback of 15 feet (to building),
zero feet (to entry plaza paving) and three feet (to parking), a side (west)
setback of 15 feet (to building) and zero feet (to existing public access
sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet
(to existing parking and dumpster enclosure), a rear (south) setback of 106
feet (to building). The proposal met the setback requirements of Table 2-803,
CDC, for Overnight Accommodations as well as the requirements of Section
3-903, CDC, and the applicable sections of Beach by Design.
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Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically
addresses height. This section requires specific requirements for building and
portions of building which exceed 100 feet in height.
Pursuant to Table 2-803, CDC, the maximum height for Overnight
Accommodations is between 35 and 100 feet. As examined in detail, above,
Beach by Design provides further clarification as to the circumstances under
which height may be increased to 150 feet. The proposed building height of
just less than 100 feet to the top of the roof deck (113 to mid-point of peaked
roof screening for elevator and other mechanical equipment) is consistent with
this CDC section and with the guidelines of Beach by Design.
Minimum Off-street Parking:
Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for
Overnight Accommodations is between one and 1.2 spaces per unit (between
344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided
within the first five floors of the proposed building, under existing buildings and
via surface parking spaces. The proposal is therefore consistent with the Code
provisions of Article 2 Division 8 and Beach by Design and no flexibility from
the Code is necessary.
Landscaping:
Pursuant to Section 3-1202.D., CDC, there are no perimeter buffers required in
the T District for this site. This proposal meets the required minimum five-foot
wide foundation planting along the north side of the building. The proposal
also includes a perimeter landscape buffer approximately three to five feet in
width along the north side of the site. The landscape design incorporates plant
material that is native and/or naturalized and salt tolerant, while providing
visual interest. It should be noted that the proposal is consistent with Section F
of the Design Guidelines of Beach by Design which provides that surface
parking be buffered with landscaping at least three feet in width and 3.5 feet in
height. The CDC requires that at least 10 percent of the vehicular use area be
dedicated to landscaped area where just over 10 percent is provided.
Pursuant to Section 3-1202.B., CDC, up to 75 percent of required shade trees
may be provided with palm trees where no shade trees are proposed. The
proposal received relief from this requirement through the inclusion of a
Comprehensive Landscape Program pursuant to Section 3-1202.G., CDC.
Consistency with Beach by Design:
Design Guidelines:
A thorough review of the provided architectural elevations and massing study
was conducted as part of the most recent Flexible Development review
process and the proposed building was found by the CDB to be consistent with
the applicable Design Guidelines established in Beach by Design.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established
within Beach by Design concerning the allocation of hotel rooms from the
Reserve. The project appears to be generally consistent with those criteria,
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including that the development comply with the Metropolitan Planning
Organization's (MPO) countywide approach to the application of traffic
concurrency management for transportation facilities. The submitted Traffic
Impact Study concludes that traffic operations at nearby intersections and on
adjacent roadways would continue to operate at acceptable levels of service.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
by Design and includes the following main provisions:
• Provides for the allocation of 30 units from the Hotel Density Reserve or a
maximum density of 88 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with Section 4-407, CDC;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1, CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The City Attorney said the Applicant has agreed to modify the
development agreement to include language related to amplified noise
restrictions.
In response to questions, Planner Robert Tefft said the proposed project
will be a stand alone hotel. The proposed project will be on the same
parcel of land. Planning and Development Director Michael Delk said the
hotels on the parcel will share parking. All parking standard per hotel unit on
the parcel will be met.
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Applicant Representative Ed Hooper reviewed the request. The
proposed project is located on the current Holiday Inn parking site.
There is sufficient parking on site as the project will provide 1.2 parking
spaces per unit. The originally proposed hotel suites used in the
marketing study were larger and did not serve the Applicant's business
plan. The Applicant is now proposing to make the hotel units smaller,
creating thirty extra units. No changes have been made to the project's
size.
In response to questions, Mr. Hooper said the Applicant is responsible
for addressing parking during construction via the permitting process.
The tenant space on the ground floor will not exceed the allowable 15%
accessory use. The tenant space will engage pedestrian activity. The
project's maximum height will be just under 100 feet. The hotel's
entrance is closer to the existing Holiday Inn.
Two individuals expressed concerns with project's impact to beach
access and proximity to seawall. One individual questioned the existing
land use and hotel density pool.
Mr. Hooper said the defined beach access by the project belongs to the
City and is not part of the project. The Applicant is not interested in
obtaining the defined beach access. Architect Istvan Peteranecz said the
project will be from 18-23 feet to the seawall. The rooftop activity area is
located on the northeast corner of the building, which is the furthest point from
the neighboring condominiums.
Mr. Tefft said the base density for the site is 50 units to the acre. The
site is 4.87 acres. The Applicant is requesting 344 units, thirty of which are
being requested from the hotel density reserve.
In response to a question, Applicant representative Brian Aungst, Jr. said the
pool deck is located on the sixth floor and the activity center in on the ninth
floor.
Councilmember Polglaze moved to approve Item 6.2. The motion
was duly seconded and carried unanimously.
6.3 Approve a Development Agreement between Mainstream Partners VIII, LTD (the property
owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel
Density Reserve under Beach by Design; adopt Resolution 14-11, and authorize the
appropriate officials to execute same. (HDA2013-08004)
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Development Proposal:
Two changes have been made to the Development Proposal presented at the
May 15, 2014 Council meeting; (1) Schedule C has been modified to match the
Development Agreement clarifying that all the units proposed for the site are
hotel units and that no unit will be residential and (2) language has been added
to the Development Agreement addressing the use of amplified music. No
other changes are proposed with regard to the Agreement, Conceptual Site
Plan or Conceptual Elevations.
The owners propose to utilize the otherwise permitted density of 50 units per
acre or 80 units and incorporate an additional 100 units from the Hotel Density
Reserve through Beach by Design resulting in a total of 180 units (113 units
per acre).
The current proposal is to demolish all structures on the site and redevelop the
site with a 180-unit overnight accommodation use (113 rooms per acre,
including the allocation of 100 rooms from the Hotel Density Reserve). The
building will be 140 feet (from Base Flood Elevation) to flat roof with parking on
the first four levels. The proposal includes a tropical modern architecture,
which is consistent with and complements the tropical vernacular envisioned in
Beach by Design.
Consistency with the Community Development Code (CDC):
No changes have been made to the Conceptual Site Plan presented at the
May 15, 2014 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
May 15, 2014 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the Beach by Design with regard to:
• Design Guidelines
• Hotel Density Reserve
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements,
is consistent with the Comprehensive Plan and furthers the vision of beach
redevelopment set forth in Beach by Design. The proposed Development
Agreement will be in effect for a period not to exceed ten years, meets the
criteria for the allocation of rooms from the Hotel Density Reserve under Beach
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by Design and includes the following main provisions:
• Provides for the allocation of up to 100 units from the Hotel Density
Reserve or a maximum density of 113 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements:
Pursuant to Section 4-606.1., CDC, a Development Agreement may be
amended by mutual consent of the parties, provided the notice and public
hearing requirements of Section 4-206 are followed. Revisions to conceptual
site plans and/or architectural elevations attached as exhibits to this
Development Agreement shall be governed by the provisions of Section 4-406,
CDC. Minor revisions to such plans may be approved by the Community
Development Coordinator. Other revisions not specified as minor shall require
an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 100 units from the Hotel
Density Reserve under Beach by Design.
In response to a question, Planner Robert Tefft said there are 248 units
remaining in the hotel density reserve, provided all pending applications
are approved.
Councilmember Hamilton moved to approve a Development Agreement
between Mainstream Partners VIII, LTD (the property owner) and the
City of Clearwater, providing for the allocation of 100 units from the
Hotel Density Reserve under Beach by Design and authorize the
appropriate officials to execute same. The motion was duly seconded
and carried unanimously.
Resolution 14-11 was presented and read by title only. Vice Mayor
Hock-DiPolito moved to adopt Resolution 14-11. The motion was
duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
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City of Clearwater
City Council Meeting Minutes June 4, 2014
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8558-14 on second reading, annexing certain right-of-way located
on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the
right-of-way within the intersection of North Belcher Road, Montclair Road, and Old
Coachman Road into the corporate limits of the city and redefining the boundary lines
of the city to include said addition.
Ordinance 8558-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8558-14 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
7.2 Adopt Ordinance 8559-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road,
including all of the right-of-way within the intersection of North Belcher Road, Montclair
Road, and Old Coachman Road, upon annexation into the City of Clearwater, as
Residential Medium (RM).
Ordinance 8559-14 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8559-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
7.3 Adopt Ordinance 8560-14 on second reading, amending the Zoning Atlas of the city
by zoning certain right-of-way located on Belcher Road, north of Sunset Point Road to
Montclair Road, including all of the right-of-way within the intersection of North Belcher
Road, Montclair Road, and Old Coachman Road, upon annexation into the City of
Clearwater, as Medium High Density Residential (MHDR).
Ordinance 8560-14 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 8560-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
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City of Clearwater
City Council Meeting Minutes June 4, 2014
7.4 Adopt Ordinance 8564-14 on second reading, annexing certain real property whose
post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in
Clearwater, Florida, 33755, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
Ordinance 8564-14 was presented and read by title only.
Councilmember Jonson moved to adopt Ordinance 8564-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
7.5 Adopt Ordinance 8565-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to designate the land use for certain
real property whose post office addresses are 1278 Palm Street and 2017 North Betty
Lane, all in Clearwater, Florida, 33755, upon annexation into the City of Clearwater,
as Residential Urban (RU).
Ordinance 8565-14 was presented and read by title only. Vice
Mayor Hock-DiPolito moved to adopt Ordinance 8565-14 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
7.6 Adopt Ordinance 8566-14 on second reading, amending the Zoning Atlas of the city
by zoning certain real property whose post office addresses are 1278 Palm Street and
2017 North Betty Lane, all in Clearwater, Florida, 33755, upon annexation into the City
of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 8566-14 was presented and read by title only.
Councilmember Polglaze moved to adopt Ordinance 8566-14 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
City Manager Reports
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City of Clearwater
City Council Meeting Minutes June 4, 2014
8. Consent Agenda — Approved as submitted.
8.1 Approve a work order to Engineer of Record (EOR) McKim & Creed, Inc. in the
amount of$102,061.30 to provide Construction Engineering and Inspection (CEI)
services related to the East Water Reclamation Facility (WRF) Generator and
Marshall St. WRF Lab Electrical Improvements Project (11-0025-UT); and authorize
the appropriate officials to execute same. (consent)
8.2 Reappoint Peggy Cutkomp as the Real Estate Professional in connection with
Affordable Housing and appoint Kristin Dailey as the Employer's Representative to the
Neighborhood and Affordable Housing Advisory Board with terms to expire June 30,
2018. (consent)
8.3 Approve a supplemental work order to Engineer of Record (EOR) King Engineering
Associates, Inc. in the amount of$79,687.00 for the East WRF Effluent Filters
Rehabilitation (13-0014-UT) and authorize the appropriate officials to execute same.
(consent)
8.4 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the
amount of$252,500 for the hauling of yard waste from the City's solid waste facility to
the contractor's facility for the period June 5, 2014 through June 4, 2015 as provided
in the City's Code of Ordinances, Section 2.561 and authorize the appropriate officials
to execute same. (consent)
8.5 Authorize the Agreement for Development and Purchase and Sale of Property
between the Community Redevelopment Agency of the City of Clearwater and
Prospect Park Development, LLC for the limited purposes of conveyance of property,
granting of easements required for construction of the project, and entry into a Park
Access Agreement and authorize the appropriate officials to execute same. (consent)
8.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the
amount of$449,322.30, for Polymer Services for a one-year period, and authorize the
appropriate officials to execute same. (consent)
8.7 Approve Concession Operations Agreement from July 1, 2014 through June 30, 2015
with Edward Bates, individually, d/b/a Kinney's Kitchen (Kinney's), to provide food
concession services for programs and activities held at the EC Moore Softball
Complex and authorize the appropriate officials to execute same. (consent)
8.8 Approve an Operational Support Agreement between the University of South Florida,
Board of Trustees (USF) and the City of Clearwater (City), to offer major college
softball tournaments in Clearwater at the EC Moore Softball Complex and authorize
the appropriate officials to execute same. (consent)
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City of Clearwater
City Council Meeting Minutes June 4, 2014
Councilmember Jonson 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 City Manager Items
9.1 Approve Purchase Contract 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 Purchase Contract.
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/employee parking in the
Mandalay/Marina areas 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.
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 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.
Councilmembers 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.
Recently, Paradise Group, LLC obtained a purchase option on the Pelican
Walk Retail Center and Poinsettia Street lot and 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 15, 2014,
necessitating an expeditious response by the parties.
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City of Clearwater
City Council Meeting Minutes June 4, 2014
Paradise Group, LLC and City staff 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. A Term Sheet
was agreed to which memorialized the results of those discussions. The Term
Sheet was subsequently unanimously adopted by the City Council at their
meeting and staff was directed to negotiate and prepare the necessary
documents to implement the terms and conditions of the Term Sheet. The
Purchase Contract is the first of the implementing documents.
Under normal circumstances, the Purchase Contract would be presented to
City Council for consideration with the Development Agreement, and
subsequent to CDB (Community Development Board) approval of the
Development Order and Development Agreement. However, since it has been
impossible to schedule CDB approval, or to complete a Development
Agreement prior to the approaching expiration date of the Purchaser's option,
the Purchaser is seeking a modicum of security that the major component of the
project, the City purchase of 450 space parking condominium at the
negotiated price, has support of the City Council before his purchase option is
exercised.
Thus, the Purchase Contract attempts to afford the Paradise Group the next
level of city commitment, while realizing that a schedule of subsequent and
intermediate approvals will be required before the City is in a position to close
the transaction in July 2016. The Purchase Contract thus includes more
contingencies than would otherwise be expected.
The key components of the Purchase Contract are consistent with the adopted
Letter of Intent and include:
• Agreement to purchase a 450 parking space parking condominium in
the to-be-constructed garage ;
• A per space purchase price of$25,144;
• City review and approval of garage plans and specifications, to assure
achievement of compliance with Beach by Design and City garage
standards and design;
• City $250,000 annual revenue backstop for the developer should
gross revenues not achieve the hurdle amount of$1,250,000 on the
450 spaces, from opening of the garage until city acquisition of the
condominium;
• City authorized to employ Owners Representative to oversee
construction on City behalf;
• Closing on the city condominium deferred until after expiration of LOM
Put agreement in 2016.
The anticipated schedule of subsequent, required approvals/actions is as
follows:
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City of Clearwater
City Council Meeting Minutes June 4, 2014
July, 2014 CDB Development Order and Development Agreement
September, 2014 City Council Development Agreement
July, 2016 City Closing (after expiration of LOM Put option)
In addition, prior to closing, the parties will be executing a set of Condominium
Documents defining the ownership and management structure of the project.
The Letter of Intent specified that a financial feasibility study of the projected
garage be undertaken, with the results acceptable to both parties. A copy of
that Analysis has been provided to Council and Paradise Group. The required
two appraisals of the city acquisition have been completed; Real Estate
Coordinator Chuck Lane has provided the results.
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 million from the Parking Fund Since this is indeed an opportunity acquisition to
fulfill a defined objective of the
Beach By Design redevelopment strategy, staff believes it merits council
consideration.
Assistant City Manager Rod Irwin said the first 98 parking spaces are for
retail short term parking for Pelican Walk Plaza, the top floor will have 100
spaces which will be gated off to be leased by the owner. Monthly and
daily parking will be available for beach employees. The design of the
proposed garage will be more refined when the development agreement
comes before Council.
In response to questions, Planning and Development Director Michael
Delk said staff will need to work with the Applicant regarding an
alternative to the proposed 2.3 ft. outward accoutrement to the
architecture on the east side of the building. The Development Review
Committee will be reviewing the project tomorrow. The City Attorney
said the Developer has a closing coming up and wanted to be certain
that Council was interested in purchasing the property. Typically,
the purchase agreement would be accompanied by the site plan
and the development agreement. The normal review process did not
meet the Developer's needs. There are contingencies to the purchase
agreement, such as requiring approval of the site plan by the
Community Development Board and the development agreement and
condominium documents by City Council.
Parking Consultant Vicki Gagliano of Timothy Haahs and Associates said the
parking study was not conducted during Spring Break period, which is
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City of Clearwater
City Council Meeting Minutes June 4, 2014
consistently full during the week. The study was conducted after Spring
Break, still very busy but parking spaces still available. As a general parking
policy, the most expensive parking should be on-street parking, followed by
surface lots and parking structures. This type of policy encourages
individuals to use the parking structures because of the discounted rate. Ms.
Gagliano said she did not have comparables for municipal beach parking
facilities in other areas that subsidize parking. The employee usage
assumption was based on thirty permits. The study budgeted parking
attendants as demand for parking grows. To cover security needs during
busy events, it recommended an automated system, such as call boxes or
cameras, be used. Glass is the preferred material for enclosed stairwells.
Engineering Director Mike Quillen said the staffing assumption on
the high usage days included three shifts for cashiers, plus provisions for an
on-call supervisor and security during the final shift. The floor plan will
be worked out during the review process if space is needed for garage
attendants. Ms. Gagliano said individuals do not come to an area for
parking, they come for the destination. Two elevators are adequate for
the proposed garage size.
In response to questions, the City Attorney said there is no Florida
Statute that says a view must be provided to a resident or property owner.
Mr. Delk said Beach by Design outlines the following concepts for parking
infrastructure: the size and timing of the garage will be dictated by the
ability of the garage to pay for itself and to the extent the individual property
owners are willing to participate in a public-private partnership. Mr. Irwin said
the Developer will finance the project until the LOM agreement expires in two
years.
Applicant representative Brian Aungst, Jr. reviewed the request. The
condominium documents have not been drafted yet. The parking
analysis has been submitted as part of the DRC review. Council will see
the proposed project again after CDB review. The floor plates and renderings
are combined as Exhibit B.
The Council recessed from 7:54 p.m. to 8:00 p.m.
Five individuals spoke in support and two individuals spoke in
opposition. One individual requested that council consideration be
postponed in order to conduct an impact study on the drop off location (beach
access).
The City Manager said the Sandpearl condominium officials were asked to
provide their concerns regarding inappropriate activities in the beach access
point in writing, no response has been received. A No Parking/Limited
Drop-off sign will be placed near the beach access point.
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City of Clearwater
City Council Meeting Minutes June 4, 2014
Vice Mayor Hock-DiPolito moved to approve Purchase Contract
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 Purchase
Contract. The motion was duly seconded and carried unanimously.
Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Councilmember Polglaze
9.2 Amend Section 3-1508 of the Community Development Code of the City of Clearwater
to clarify prohibited noises and pass Ordinance 8570-14 on first reading.
The proposed amendments are intended to more clearly capture within the
types of prohibited noise those rumbling or reverberating rhythmic bass type
sounds that many residents frequently hear while traveling by motor vehicle
throughout the city or within their residences.
Additionally, because the courts have held that amplified music is a form of
communication and expression protected by the First Amendment, the
proposed amendments will fortify the noise ordinance against constitutional
attack. For example, the Florida Supreme Court held that the State of Florida's
noise statute prohibiting sounds heard 25 feet or more and coming from motor
vehicles was unconstitutional because those engaged in political or commercial
activities while using a sound truck, for example, were exempted from the
noise statute.
Similarly, the preferential treatment afforded to noise coming from religious
worship activities regardless of how disturbing the noises are to reasonable
persons of ordinary sensibilities could subject the ordinance to an attack under
the Equal Protection Clause of the Federal and State Constitutions. For
example, currently, the exception would arguably allow a church to ring bells at
2:00 a.m.; and police could not take any action because of the exemption
contained in the ordinance.
The exemption is unnecessary because a police officer will always be making a
determination if a sound is so loud as to be disturbing to reasonable persons of
ordinary sensibilities. Thus, it is difficult to conceive of a situation where a
church was engaged in routine worship activities that would ever meet the
threshold of becoming a noise violation: that is, that a reasonable person of
ordinary sensibilities would find the activity to be disturbing. Moreover, the
intent clause added to Section 3-1508A clearly states that "[i]t is the intent of
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City of Clearwater
City Council
Meeting Minutes June 4, 2014
this section to regulate unreasonably excessive noise and not to interfere with
or unduly burden the exercise of a person's freedom of speech, expression, or
religion."
The proposed amendments will go before the Community Development Board
on Tuesday, June 17.
Staff pulled item. The City Attorney said the ordinance must be reviewed by
the Community Development Board prior to Council's approval.
10. City Manager Verbal Reports - None.
11. City Attorney Reports - None.
12. Other Council Action - None.
13. Closing Comments by Mayor
14. Adjourn
Attest
City Clerk
Mayor Cretekos reviewed recent and upcoming events.
The meeting adjourned at 8:53 p.m.
-- ce014nCrAtkof
Mayor
City of Clearwater
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City of Clearwater