06/16/2014 Council Worksession Meeting Minutes June 16, 2014
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Monday, June 16, 2014
1 :00 PM
Council Chambers
Council Worksession
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City of Clearwater
Council Worksession Meeting Minutes June 16, 2014
Rollcall
Present 3 - Mayor George N. Cretekos, and Vice Mayor Doreen
Hock-DiPolito, Councilmember Bill Jonson
Absent 1 - Councilmember Jay E. Polglaze
Also Present: William B. Horne — 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.
DRAFT
1. Call to Order - Mayor George Cretekos
The meeting was called to order at 1:00 p.m. at City Hall.
2. Presentations - Given.
2.1 Service Awards
Five service awards were presented to city employees.
The June 2014 Employee of the Month Award was presented to Lt.
Steve Salagaras, Fire.
2.2 Firefighter Recruit Class Graduation
The City Clerk administered the Oath of Office to Ryan Bessler, Michael
Billian, Andrew Eddinger, Collin Ettienne, Michael Jaso, Simeon
Johnson, David Lawrence, and Victoria Martin.
2.3 American Water Works Association - Florida Section (FSAWWA) - Outstanding Water
Treatment Plant Operator: Fred Hemerick
2.4 American Water Works Association - Florida Section (FSAWWA) - Outstanding Water
Treatment Plant: Glenn Daniel and Fred Hemerick
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Council Worksession Meeting Minutes June 16, 2014
2.5 Tourist Development Council Presentation - Linnie Randolph, Visit SPC
Convention and Visitors Bureau Executive Director D.T. Minich provided
a PowerPoint presentation on the marketing and advertising campaigns
during the 2013 Winter season and provided a preview of the 2014
Summer "Live Amplified"campaign.
In response to questions, Mr. Minich said the Latin American tourism
market is as promising, if not more, than the European market. Copa
Airlines and the Tourist Development Council are discussing the
potential to increasing the 4 weekly flights to daily flights. There is still a
need to increase inventory for overnight accommodations and renovate
existing inventory. Mr. Minich said he recently returned from trip to
China and was contacted by a tour operator who is considering a tour
package that includes a golf component in Pinellas County.
The Council recessed from 1:55 to 1: 57 p.m. to meet as the Pension
Trustees.
3. Office of Management and Budget
3.1 Amend the City's fiscal year 2013/14 Operating and Capital Improvement Budgets at
midyear and pass Ordinances 8571-14 and 8572-14 on first reading.
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. Staff has provided a memorandum and an
accompanying report that outline the issues at midyear requiring amendment.
In response to questions, Budget Director Tina Wilson said the
Downtown Boatslips project has not been closed out because the public
art component is still outstanding. Engineering Director Mike Quillen said
the Town Pond project would be closed once the final payment to the
contractor has been processed. Ms. Wilson said the Budget staff
monitors construction project activities, if inactive, departments are
reminded to close out the projects.
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4. Finance
4.1 Authorize the negotiated sale of not to exceed $5,475,000 Gas System Revenue
Refunding Bonds, Series 2014 and adopt Resolution 14-20.
Currently there is outstanding $5,325,000 par value of Gas System Revenue
Refunding Bonds, Series 2005, with maturities in years 2015 - 2025 and
interest rates ranging from 3.70% to 4.375% that are callable on September 1,
2014. Current bond market conditions present an opportunity to refinance
these bonds to achieve a present value savings of approximately $624,375
(11.73%).
The City's debt management policy states, "As a general rule, the present
value savings of a particular refunding should exceed 5%."
In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified
investment companies to provide a bank loan source of funds instead of the
more traditional bond transaction for this refunding, which has resulted in a
lower cost (greater savings) opportunity. A comparable bond transaction would
have yielded only approximately a 6.5% savings.
This resolution authorizes the negotiated sale of not to exceed $5,475,000 par
value at an interest rate of 2.67% of Gas System Revenue Refunding Bonds,
Series 2014, to TD Bank, N.A., the firm submitting the most favorable
response to the RFP.
In response to a question, Stifel, Nicolaus & Co. Managing Director
Matt Sansbury said Council is approving the form of the bonds; the
principal amounts associated with the years will be completed upon
pre-closing.
4.2 Authorize the negotiated sale of not to exceed $5,500,000 Stormwater System
Revenue Refunding Bonds, Series 2014 and adopt Resolution 14-21.
Currently there is outstanding $5,350,000 par value of Stormwater System
Revenue Refunding Bonds, Series 2005, with maturities in years 2015 -2029
and interest rates ranging from 3.625% to 4.50% that are callable on
November 1, 2014. Current bond-market conditions present an opportunity to
refund these bonds to achieve a present value savings of approximately
$545,625 (10.20%).
The City's debt management policy states, "As a general rule, the present
value savings of a particular refunding should exceed 5%."
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In anticipation of the refunding, the City through its Financial Advisor, Stifel,
Nicolaus & Company, Inc., issued an RFP soliciting proposals from qualified
investment companies to provide a bank loan source of funds instead of the
more traditional bond transaction for this refunding, which has resulted in a
lower cost (greater savings) opportunity. A comparable bond transaction would
have yielded only approximately a 6.5% savings.
This resolution authorizes the negotiated sale of not to exceed $5,500,000 par
value at an interest rate of 2.72% of Stormwater System Revenue Refunding
Bonds, Series 2014, to TD Bank, N.A., the firm submitting the most favorable
response to the RFP.
4.3 Approve settlement of workers' compensation claim of Mr. Richard DeBord, for
payment of$220,750, inclusive, and authorize the appropriate officials to execute
same. (consent)
On February 6, 2006, Mr. DeBord was in the MSB/PD parking garage elevator
when it dropped several feet causing an injury to his neck, left shoulder, hip
and lower back. He reached Maximum Medical Improvement (MMI) on
February 28, 2012, with a 10% Permanent Disability/Whole Person Impairment
(PD/WPI). Mr. Debord has had multiple claims that he filed under workers'
compensation. He has had a total of nine surgeries to his neck, back, left
shoulder, left knee and left elbow over his years of employment. He returned to
work after each of the surgeries. The claim is being settled for any and all
claims he has filed against the City of Clearwater including a permanent total
disability claim.
The entire indemnity and medical claim with a general release and all attorney
fees and costs are being settled per statute for a total payment of$220,750.
The City's Risk Management Division; outside attorney for the City of
Clearwater, Mark Hungate with Banker Lopez Gassler, P.A.; and the City's
Claims Committee recommend approval of this settlement in the best interests
of the City and the claimant.
Funding for the payment of this settlement is available in the budget for claims
expense in the Central Insurance Fund.
Total Cost $220,750, inclusive of attorney fees, costs and general release.
APPROPRIATION CODE AND AMOUNT:
0590-07000-545800-519-000-0000 $220,750.00
USE OF RESERVE FUNDS: N/A
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4.4 Authorize filing of a lawsuit against defendants to include the estate and heirs of
deceased City of Clearwater employee Mitchell Arnold, to effect the distribution of
monies currently being held by the City, and authorize the appropriate officials to
execute same. (consent)
The City currently holds monies (wages and pension contributions) owed to Mr.
Arnold's estate and/or heirs. The City would file an interpleader action. This
type of action is procedure utilized when a plaintiff holds property on behalf of
another, but cannot determine to whom the property should be transferred.
The defendants would include his estate, if any, and his children who can be
identified, as well as any unidentified heirs. The court would order the
distribution of the monies at the conclusion of the action.
5. Engineering
5.1 Approve Architect of Record (AOR) contracts with seven firms, as listed, for a period
of five years commencing June 20, 2014 and authorize the appropriate officials to
execute same. (consent)
Request for Qualifications (RFQ) 11-14 was issued March 12, 2014 soliciting
area architecture firms to serve as Architect of Record for the City of
Clearwater for a five-year period. Submittals were due April11, 2014. Ten
submittals were received on April 11, 2014.
The submittals were evaluated on management and technical staff ability,
availability to expeditiously complete assignments, prior municipal experience,
quality control, and Clearwater business and community involvement. The City
selection committee included representatives from Engineering, Parks and
Recreation, and General Services. The selection committee reviewed the
submittals and met on May 1, 2014 to rate the firms.
Seven firms were selected: Fowler Associates Architects, Harvard Jolly
Architecture, Klar and Klar Architects, Long and Associates Architects, Plisko
Architecture, Wannamacher Jensen Architects, and Williamson Dacar
Associates.
The AOR contracts enable the City to continue to complete planning and
design projects with well-qualified architecture firms.
5.2 Award five-year contracts (purchase orders) to Aquagenix/DeAngelo Brothers, Inc in
the amount of$308,378.25 for pond and channel maintenance and to Lake and
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Wetland Management for mitigation site maintenance in the amount of$285,695.85
and authorize the appropriate officials to execute same. (consent)
The Environmental Division sought proposals (RFP 15-14 and RFP 16-14) for
the continued maintenance of city lakes, ponds, and mitigation sites
(Stormwater Facilities). These Stormwater Facilities include Kapok, Glen Oaks,
Lake Bellevue, and Alligator Lake, along with a variety of lakes and ponds on
other city owned properties.
The proposals were evaluated by a committee comprised of representatives
from Parks and Recreation, Stormwater Maintenance, and the Environmental
Division considering technical ability, cost, experience, and location of the
office providing service.
Contracts will be evaluated and renewed annually for up to five years. First
year award will be $61,675.65 to Aquagenix/DeAngelo Brothers, Inc and
$57,139.17 to Lake and Wetland Management with options to renew years 2,
3, 4, and 5.
APPROPRIATION CODE AND AMOUNT:
0419-01365-530300-539-000-0000 $61,675.65
0419-01365-530300-539-000-0000 $57,139.17
Sufficient budget and revenue is available in Stormwater Management
Operations to fund the current year contract. Future years, funding will be
included in the Stormwater recommended operation budget from the Manager.
USE OF RESERVE FUNDS:
N/A
In response to a question, Environmental Manager Ed Chesney said the
City maintains the ponds owned by the City. Most ponds in the area are
owned by an association, homeowners association or a private
residence. The City assists these groups with information on spray
contractors. The invasive vegetation at Glenn Oaks Park is treated
aggressively, typically twice a month.
6. Fire Department
6.1 Appoint Dan Carpenter to a four-year term as a Trustee of the Clearwater Firefighters'
Supplemental Trust Fund in accordance with Sec. 175.061 of the Florida State
Statutes. (consent)
The Clearwater Firefighters' Supplemental Trust Fund is the recipient of
monies obtained by the State of Florida from insurance companies doing
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business within the community. These monies are required to be administered
by a Board of Trustees whose composition must consist of two legal residents
of the City appointed by the City Council; two City firefighters elected by the
firefighters; and a fifth member chosen by a majority of the other four members
and submitted to the City Council for appointment. The Board of Trustees is
solely responsible for administration of the trust fund.
The state law allows trustees to succeed themselves as board members. This
legal resident, City Council appointed seat will become open July 1, 2014. Mr.
Carpenter has indicated his willingness to serve a four year term.
Mr. Carpenter is a legal city resident of Clearwater and was a co-owner of a
retail business in Clearwater until spring 2010. He is the head of the Finance
Department for Indian Rocks Beach. Additionally, he is a Certified Public
Pension Trustee and a Certified Government Finance Officer. Mr. Carpenter
worked 15 years for the City of Clearwater and holds a BS in Accounting.
Once approved, Mr. Dan Carpenter will serve a four-year term, which will be
effective July 1, 2014 through June 30, 2018.
7. Library
7.1 East Branch/SPC Joint Use Library Project Update (WSO)
In October of 2012, the Council approved a Memorandum of Understanding
with St. Petersburg College (SPC) to explore the feasibility of creating a Joint
Use library facility on the grounds of SPC/Clearwater campus. This
presentation will provide an update of where the project is and some of the
decisions that still need to be made. Council discussion will help shape further
direction of the project.
In response to questions, Library Director Barbara Pickell said SPC uses
the Library of Congress classification system, the City uses the Dewey
Decimal System. The City of Seminole staffs the library at the Seminole
SPC campus, which was built by the college as a community library.
SPC reimburses Seminole for staffing provided during hours the City
would not have operated prior to the joint-use agreement. The City of
St. Petersburg pays the college a contract fee. Assistant City Manager
Jill Silverboard said unlike SPC, Clearwater's library system is
automated and staffed by unionized employees. Architect Leo Arroyo
said the proposed design will be based on the City's and SPC's needs.
Council recessed from 2:57 p.m. to 3:05 p.m.
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In response to questions, Ms. Pickell said the Seminole campus was
created to be a virtual campus, housing few college books. Eighty-five
percent of the usage at the library is expected to be public, not
college-related. SPC has not identified the space needed for the
joint-use facility. SPC may house a larger collection and need more
space for collaborative meeting areas. Since the East branch is located
on a small parcel, renovating the branch would require purchasing an
adjacent property. The St. Petersburg location has a community library
on the ground floor, which is provided by the city. The college collection
is located on the second. Individuals check out materials at one
reference desk that provides access to both library classification
systems.
The City Manager said SPC has expressed they are not constrained by
what was done in the other locations and are willing to create a facility
that meets the needs of the students. Ms. Silverboard said the architect
intends to include community outreach piece for the Hispanic community
and city staff will plan a community outreach piece similar to the one
used at the new Countryside Library. Staff will seek the public's reaction
to constructing a joint-use library at the college. Public feedback on the
facility's amenities would be sought later.
Staff was directed to provide the research associated with the SPC
joint-use libraries at Seminole and St. Petersburg and schedule a
council update in two months.
8. Planning
8.1 Approve a Development Agreement between Mainstream Partners VIII, 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; adopt Resolution 14-19, and
authorize the appropriate officials to execute same. (H6A2013-08005)
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
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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
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.
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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 Parkinq:
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.
Landscapinq:
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,
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,
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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
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.
Planner Mark Parry said the Applicant has amended the development
agreement, as requested by Council, to include the amplified music
restrictions.
In response to questions, Planning Manager Robert Tefft said city code
allows six months to obtain a building permit, extensions are permitted
as long as there is diligent work occurring on the permit. Once the
building permit is obtained, the applicant has two years to obtain a
Certificate of Occupancy. The City Attorney said the applicant is given
five years to construct. The development agreement includes provisions
for termination if the project does not meet the development agreement
requirements. When the developer fails to meet their obligations, the
agreement terminates and units return to the pool.
8.2 Approve a 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
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the allocation of 30 units from the Hotel Density Reserve under Beach by Design;
adopt Resolution 14-14, and authorize the appropriate officials to execute same.
(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
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
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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.
➢ 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
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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
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.
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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.
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 3-1202.8., 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:
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Council Worksession Meeting Minutes June 16, 2014
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,
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
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Council Worksession Meeting Minutes June 16, 2014
an amendment to this Development Agreement.
Planner Mark Parry said the applicant has modified the agreement to
include the amplified music restrictions, as requested by Council.
8.3 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 1234 Palm Street located on the north side of Palm Street, approximately
550 feet east of Douglas Avenue; and pass Ordinances 8567-14, 8568-14 and
8569-14 on first reading. (ANX2014-04008)
This voluntary annexation petition involves a 0.141-acre property consisting of
one parcel of land occupied by a single-family dwelling. It is located on the
north side of Palm Street, approximately 550 feet east of Douglas Avenue. The
applicant is 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 Mall Septic-to-Sewer Project. The property is
contiguous to existing city boundaries to the east. It is proposed that the
property 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 property currently receives water service from the City. Collection
of solid waste will be provided to the property by the City. The applicant
will connect to the City's sanitary sewer service when it is available, and
is aware of the fee that must be paid in order to connect and the
financial incentives available. The property is 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 the property by Station 51 located at 1720
Overbrook Avenue. The City has adequate capacity to serve the
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
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
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Council Worksession Meeting Minutes June 16, 2014
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 the
property. This designation primarily permits residential uses at a
density of 7.5 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 east; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
9. Solid Waste
9.1 Award a Contract (Purchase Order) for$163,520.00 to Don Reid Ford of Orlando, FL,
for eight 2015 Ford Taurus sedans, in accordance with the Florida State Contract
071-000-14-1, 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 inter fund 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)
The eight Ford Taurus sedans will be purchased through the Florida State
Contract 071-000-14-1 and quote dated May 23, 2014.
Five of the vehicles will replace G3158 (2006 Dodge Charger) with 94,163
miles, G2982 (2005 Chrysler 300) with 94,065 miles, G2456 (2001 Chevrolet
Silverado 1500) with 94,967 miles, G2933 (2004 Toyota Prius) with 93,129
miles and G2981 (2005 Dodge Magnum) with 96,871 miles and will be
assigned to the Police Department.
Three of the vehicles will replace G0301 (1994 Ford Crown Victoria) with
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Council Worksession Meeting Minutes June 16, 2014
53,784 miles, G1975 (1998 Ford Taurus Wagon)with 55,779 miles and G2149
(1999 Jeep Cherokee) with 67,683 miles and will be assigned to Engineering.
The purchase of these vehicles was previously approved at the March 20,
2014 city council meeting. The vendor withdrew their bid from the Florida
Sheriff's contract prior to fulfilling the approved purchase order.
These vehicles were included in the Fiscal Year 2013/2014 Garage CIP
Replacement Fund.
APPROPRIATION CODE AND AMOUNT:
316-94241-564100-519-000-0000 $163,520.00
10. Legal
10.1 Request for authority to appeal an order denying the City's Motion for Summary
Judgment in the case of Sarita Merricks v. City of Clearwater and Jeffrey Adkisson
(Case No. 8:12-cv-01805-EAK-AEP). (consent)
On August 16, 2012, Sarita Merricks filed a federal civil lawsuit in the U.S.
District Court for the Middle District of Florida against the City of Clearwater
and Clearwater Police Corporal Jeffrey Adkisson, alleging that excessive
physical force was used on her during a traffic stop in Clearwater on August
11, 2008, and resulting in Ms. Merricks suffering serious and permanent
injuries.
On January 6, 2014, the City filed a Motion for Summary Judgment on behalf
of Cpl. Adkisson which argued that Cpl. Adkisson was entitled to qualified
immunity as a matter of law.
The district court judge denied the City's motion. The City Attorney's Office
believes that the motion for summary judgment is meritorious and that the City
should appeal to the U.S. Court of Appeals for the Eleventh Circuit Court.
The costs relative to this appeal would come from copy and other
administrative overhead costs, estimated to be $300.00.
APPROPRIATION CODE AND AMOUNT:
Funds are available in budget code 0-590-07000-545900-519-000-0000 to
fund this expense.
11. City Manager Verbal Reports
11.1 Lake Belleview Fishing Pier
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Council Worksession Meeting Minutes June 16, 2014
The City Manager said staff provided Council with cost information to
construct an ADA ramp or rebuild the pier. Unless Council directs
otherwise, staff will proceed with original recommendation to demolish
the pier.
Assistant City Manager Jill Silverboard said the cost to construct an ADA
ramp or rebuild the pier is approximately$50,000. Council
recommendation to use pilings is not recommended as it does not
guarantee a warranty.
It was stated that removing the pier is the most judicious method at this
time; reinstallling a pier in the future should be articulated by a clear
apparent need.
12. City Attorney Verbal Reports - None.
13. Council Discussion Item
13.1 MPO Long Range Transportation Plan for Gulf to Bay Boulevard and Belcher Road
Intersection Improvement - Councilmember Jonson
Councilmember Jonson said a recent coordinating technical
coordinating committee meeting staff recommended to push out the
Belcher improvements to the outer years. He sent a letter to Chair
Karen Seel outlining concerns with delaying the improvements.
Councilmember Jonson questioned if there was Council support to
advocate that the project remain in the same timeframe or advance.
Councilmember Jonson expressed concern that the Belcher
improvements may not accelerate if not included in the long range
transportation plan.
Vice Mayor Hock-DiPolito said the improvements on Belcher that are
being pushed out is near Druid Road, as it requires coordination of
higher voltage lines with Duke Energy. FDOT's Transportation
Improvement Plan includes the Belcher intersection improvements for
Fiscal Year 201512016.
14. New Business (items not on the agenda may be brought up asking they be
scheduled for subsequent meetings or work sessions in accordance with Rule 1,
Paragraph 2). - None.
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15. Closing Comments by Mayor : None.
16. Adjourn
The meeting adjourned at 4:13 p.m.
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City of Clearwater