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01/15/2015 City Council Meeting Minutes January 15, 2015 City of Clearwater City Hall 112 S. Osceola Avenue Clearwater, FL 33756 e d s w r' �mu Meeting Minutes Thursday, January 15, 2015 6:00 PM Council Chambers City Council Page 1 City of Clearwater City Council Meeting Minutes January 15, 2015 Roll Call Present: 4 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson and Councilmember Hoyt Hamilton Absent: 1 - 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, and 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. Unapproved 1. Call to Order— Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation — Rev. Dr. Scott Baker from First United Methodist Church 3. Pledge of Allegiance — Vice Mayor Hock-DiPolito A moment of silence was observed for the recent passing of Councilmember Polglaze's father. 4. Special recognitions and awards (Proclamations, service awards, or other special recognitions) — Given. 4.1 January 2015 Employee of the Month Award - Ben McBride, Clearwater Fire and Rescue 4.2 National Freedom Day Proclamation, February 1, 2015 - Giselle Rodriguez, Gabby Segura and Kathy Arnold of the Florida Coalition Against Human Trafficking 5. Approval of Minutes 5.1 Approve the minutes of the December 18, 2014 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the December 18, 2014 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Page 2 City of Clearwater City Council Meeting Minutes January 15, 2015 6. Citizens to be heard re items not on the agenda Karena Morrison, Lillie Henry, and Carmen Santiago invited all to attend the Dr. Martin Luther King, Jr. Neighborhood Family Center's Grand Reopening on January 17 at 11:00 a.m. and reviewed upcoming programs for neighborhood children. 7. Consent Agenda — Approved as submitted. 7.1 Approve the first renewal of a Purchase Order, in the amount of$1,932,652.50, with Florida Gas Contractors, Inc. for the Installation of Gas Mains and Service Lines for the period February 1, 2015 through January 31, 2016 and authorize the appropriate officials to execute same. (consent) 7.2 Approve the second renewal of a Purchase Order, for the period of March 1, 2015 through February 29, 2016, in the amount not to exceed $375,000, with Heath Consultants, Inc., to provide natural gas line locating services, and authorize the appropriate officials to execute same. (consent) 7.3 Accept a Natural Gas Easement over, under, across and through a portion of East Lake Woodlands, conveyed by East Lake Woodlands Community Association, a Florida Corporation, given in consideration of receipt of$1.00 and the benefits to be derived therefrom. (consent) 7.4 Approve Vehicle Use Agreement between the School Board of Pinellas County, Florida and the City of Clearwater through August 23, 2015 for the City to utilize Pinellas County School buses at a cost of$1.25 per mile plus $26.50 per hour, for a total estimated cost of$50,000 and authorize the appropriate officials to execute same. (consent) 7.5 Approve a Project Agreement between the City of Clearwater (City) and Phillies Florida LLC (Phillies) in the amount of$300,700 to make certain improvements at Bright House Field (Project) in accordance with the Bright House Field Use Agreement, and authorize the appropriate officials to execute same. (consent) 7.6 Approve a contract by Construction Manager at Risk Keystone Excavators, Inc., of Oldsmar, Florida in the amount of$845,900 for site work and construction of the Bayshore Trail on the east side of Bayshore Blvd. from SR 60 to the Ream Wilson Trail (0.8 of a mile); approve transfer of$250,000 from Penny for Pinellas funds at first quarter and authorize the appropriate officials to execute same. (consent) 7.7 Approve renewal of the agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of$15,000, for the period commencing January 1, 2015 through December 31, 2015, and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater City Council Meeting Minutes January 15, 2015 7.8 Award a construction contract to Poole and Kent Company of Florida, Tampa, Florida, for the Northeast Water Reclamation Facility Clarifiers 5-8 Rehabilitation Project (12-0025-UT) in the amount of$1,680,000.00, which is the lowest responsible bid received in accordance with the plans and specifications; and approve a supplemental work order to Engineer of Record (EOR) King Engineering, Inc. in the amount of $190,579 and authorize the appropriate officials to execute same. (consent) 7.9 Approve Supplemental Work Order 2 to Engineer of Record Interflow Engineering, LLC, of Clearwater, Florida, in the amount of$45,577 for Magnolia Drive Outfall Storm Drainage and Water Quality Improvements project (12-0023-EN), and authorize the appropriate officials to execute same. (consent) Vice Mayor Hock-DiPolito moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 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 1231 Aloha Lane, 1235, 12597 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue; and pass Ordinances 8644-15, 8645-15 and 8646-15 on first reading. (ATA2014-10006) The City of Clearwater Public Utilities Department is expanding sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. This neighborhood contains a large concentration of properties within unincorporated Pinellas County. Subdivisions in this area include Sunset Knoll, Cleardun, Floradel, Brooklawn, and South Binghamton. To date, 46 properties have voluntarily annexed into the City as a result of this project and four more properties are currently in the process of annexing. Another 78 agreements to annex (ATAs) have been executed for properties not meeting annexation contiguity requirements but desiring to receive sanitary sewer service. This application includes the next group of parcels with recorded ATAs that have become contiguous in the Idlewild/The Mall Septic-to-Sewer Project area. It includes 10 ATAs signed by the current owners dating back to September 2013. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The properties are occupied by 9 Page 4 City of Clearwater City Council Meeting Minutes January 15, 2015 detached dwellings and 1 attached dwelling (2 units) on 1.368 acres of land. All properties are contiguous to existing City limits along at least one property boundary. It is proposed that all properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR) District. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Six applicants have either paid the required impact fee in full or are on a hardship repayment plan, and these applicants are currently awaiting connection to the City sewer system. Two other applicants are currently making payments, and one has currently not started payments. These applicants are aware that the impact fee must be paid prior to connection, and know the financial incentives available. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station #51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the City. 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 and policy of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. 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. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. However, the property located at 1917 Macomber Avenue is an existing duplex, and although the use is allowed within the Low Medium Density Residential (LMDR) District, the property exceeds the number of units allowed on the parcel based on the underlying Page 5 City of Clearwater City Council Meeting Minutes January 15, 2015 Residential Urban (RU) Future Land Use designation. The requirements of Article 6, Nonconformity Provisions of the Community Development Code will apply to this property once annexed into the City. The properties located at 1918 Macomber Avenue, 1932 and 1937 North Betty Lane meet the District's minimum dimensions through the Flexible Development requirements. All other properties exceed the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU), and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1231 Aloha Lane, 1235, 1259, 1271, and 1275 Union Street, 1330 Arbelia Street, 1917 and 1918 Macomber Avenue, 1932 North Betty Lane, and 1937 Chenango Avenue. The motion was duly seconded and carried unanimously. Ordinance 8644-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8644-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8645-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8645-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8646-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8646-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Page 6 City of Clearwater City Council Meeting Minutes January 15, 2015 8.2 Approve the annexation, initial Future Land Use Map designations of Residential Urban (RU) and Preservation (P), and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Mall; and pass Ordinances 8647-15, 8648-15 and 8649-15 on first reading. (ATA2014-10007) The City of Clearwater Public Utilities Department is expanding sewer service into the Idlewild/The Mall neighborhood located generally east of Douglas Avenue and west of Kings Highway, north of Sunset Point Road and south of Union Street. This neighborhood contains a large concentration of properties within unincorporated Pinellas County. Subdivisions in this area include Sunset Knoll, Brooklawn, and South Binghamton. To date, 46 properties have voluntarily annexed into the City as a result of this project and four more properties are currently in the process of annexing. Another 68 agreements to annex (ATAs) have been executed for properties not meeting annexation contiguity requirements but desiring to receive sanitary sewer service. This figure excludes those properties being annexed through case ATA2014-10006. This application includes the next group of parcels with recorded ATAs that have become contiguous in the Idlewild/The Mall Septic-to-Sewer Project area. It includes seven ATAs signed by the current owners within the last year. The Planning and Development Department is initiating this project to bring the properties into the City's jurisdiction in compliance with the terms and conditions set forth in the agreements. The properties are occupied by 4 detached dwellings, 2 attached dwellings (4 units), and 1 vacant lot on 0.84 acres of land. All properties are contiguous to existing City limits along at least one boundary. It is proposed that all properties be assigned a Future Land Use Map designation of Residential Urban (RU), and that the property located at 1914 North Betty Lane also be assigned a Future Land Use Map designation of Preservation (P). It is proposed that all properties be assigned the zoning designation of Low Medium Density Residential (LMDR) District, and that the aforementioned property at 1914 North Betty Lane also be assigned the zoning designation of Preservation (P) District. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • All of the properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. Five of the applicants have paid the required impact fee in full and are currently awaiting connection to the City sewer system. One applicant has not made any payments, and is aware that the impact fee must be paid prior to connection and knows the financial incentives available. The impact fee for the vacant lot will be collected at the time a building permit is obtained. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to these properties by Station 51 located at 1720 Page 7 City of Clearwater City Council Meeting Minutes January 15, 2015 Overbrook Avenue. The City has adequate capacity to serve the properties with sanitary sewer, solid waste, police, fire and EMS service. Water service will continue to be provided by the City. 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 and policy of the Clearwater Comprehensive Plan: Policy A.7.1.3: Invoke agreements to annex where properties located within enclaves meet the contiguity requirements of Florida Statutes Chapter 171. Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2: Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. The Residential Urban (RU) designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The uses of the subject properties are consistent with the uses allowed in the Low Medium Density Residential (LMDR) District. However, the properties located at 1919 Macomber Avenue and 1929 Chenango Avenue are existing duplexes, and although the use is allowed within the Low Medium Density Residential (LMDR) District, the properties exceed the number of units allowed on the parcel based on the underlying Residential Urban (RU) Future Land Use designation. The requirements of Article 6, Nonconformity Provisions of the Community Development Code will apply to these properties once annexed into the City. The properties located at 1920 Macomber Avenue and 1928 North Betty Lane meet the District's minimum dimensions through the Flexible Development requirements. The remaining properties exceed the minimum dimensional requirements of the Low Medium Density Residential (LMDR) District; therefore, the proposed annexation is consistent with the Countywide Plan, Clearwater Comprehensive Plan, and Clearwater Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designations of Residential Urban (RU) and Preservation (P), and initial Zoning Atlas designations of Low Medium Density Residential (LMDR) and Preservation (P) Districts for 1914 and 1928 North Betty Lane, 1917 Coles Road, 1919 and 1920 Macomber Avenue, 1929 Chenango Avenue, and 2076 The Page 8 City of Clearwater City Council Meeting Minutes January 15, 2015 Mall. The motion was duly seconded and carried unanimously. Ordinance 8647-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8647-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8648-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8648-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8649-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8649-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 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 1266 Palm Street; and pass Ordinances 8635-15, 8636-15 and 8637-15 on first reading. (ANX2014-10022) This voluntary annexation petition involves one parcel of land totaling 0.118 acres. The parcel is occupied by a single-family dwelling. It is located on the north side of Palm Street, approximately 250 feet west of North Betty Lane. The applicant is requesting annexation in order to receive solid waste service from the City, and will be connected to City sewer as part of the Idlewild/The Mall Septic-to-Sewer Program. The property is contiguous to existing City boundaries along the west, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The property currently receives water service from the City. Collection of solid waste will be provided to the property by the City. The applicant Page 9 City of Clearwater City Council Meeting Minutes January 15, 2015 has paid the sewer impact fee in full, and is currently awaiting connection to the City sewer system. 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 and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of 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 along the west, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. One individual spoke in support. Councilmember Hamilton moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1266 Palm Street. The motion was duly seconded and carried unanimously. Page 10 City of Clearwater City Council Meeting Minutes January 15, 2015 Ordinance 8635-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8635-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8636-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8636-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8637-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8637-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.4 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1853 West Drive together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the City; and pass Ordinances 8638-157 8639-15 and 8640-15 on first reading. (ANX2014-10023) This voluntary annexation petition involves a 0.223-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located at the northeast corner of West Drive and South Drive, approximately 340 feet south of Sunset Point Road. The applicant is requesting annexation in order to receive solid waste service from the City. The Development Review Committee is proposing that the 1.152-acres of abutting South Drive and certain West Drive right-of-way not currently within the City limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the west, south, and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: Page 11 City of Clearwater City Council Meeting Minutes January 15, 2015 • The property currently receives water and sanitary sewer service from the City. Collection of solid waste will be provided to the property by the City. 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 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 and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing City boundaries to the west, south, and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jonson moved to approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1853 West Drive together with all abutting right-of-way of South Drive and all right-of-way of West Drive not currently within the City. The motion was duly seconded and carried unanimously. Page 12 City of Clearwater City Council Meeting Minutes January 15, 2015 Ordinance 8638-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8638-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8639-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8639-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8640-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8640-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.5 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 1203 Sheridan Road and 1260 Sedeeva Circle North; and pass Ordinances 8641-157 8642-15 and 8643-15 on first reading. (ANX2014-11025) These voluntary annexation petitions involve two parcels of land totaling 0.458 acres. The parcels are occupied by single-family dwellings. The two lots are located generally south of Union Street, east of Douglas Avenue, north of Sunset Point Road, and west of Kings Highway. The applicants are requesting annexation in order to receive solid waste service from the City, and will connect to City sewer as part of the City's Idlewild/The Mall Septic-to-Sewer program. The properties are contiguous to existing City limits along at least one property boundary. It is proposed that the properties be assigned a Future Land Use Map designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexations are consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: • The properties currently receive water service from the City. Collection of solid waste will be provided to the properties by the City. The applicants are aware of the fee that must be paid in order to connect and the financial incentives available, and the properties will be connected to Page 13 City of Clearwater City Council Meeting Minutes January 15, 2015 the sewer system when the impact fee has been paid by the applicant. The properties are located within Police District II and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to the properties by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve these properties with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexations will not have an adverse effect on public facilities and their levels of service; and • The proposed annexations are consistent with and promote the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of the properties. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the properties is the Low Medium Density Residential (LMDR) District. The use of the subject property located at 1260 Sedeeva Circle North is consistent with the uses allowed in the Low Medium Density Residential (LMDR) District and the property exceeds the District's minimum dimensional requirements. The property located at 1203 Sheridan Road is currently developed with two single-family units, and although the use is allowed within the Low Medium Density Residential (LMDR) District and the property meets the District's minimum dimensions through the Flexible Development requirements, the property exceeds the number of units allowed on the parcel based on the underlying Residential Urban (RU) Future Land Use designation. The requirements of Article 6, Nonconformity Provisions of the Community Development Code will apply to this property once annexed into the City. The proposed annexations are therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and • The properties proposed for annexation are contiguous to existing City limits along at least one property boundary; therefore, the annexations are consistent with Florida Statutes Chapter 171.044. Page 14 City of Clearwater City Council Meeting Minutes January 15, 2015 Vice Mayor Hock-DiPolito moved to approve the annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1203 Sheridan Road and 1260 Sedeeva Circle North. The motion was duly seconded and carried unanimously. Ordinance 8641-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8641-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8642-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8642-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8643-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8643-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.6 Approve the annexation of property located at 2222 Lake Shore Drive together with all right-of-way of Fourth Avenue South from Lake Shore Drive to Third Avenue South; and pass Ordinance 8651-15 on first reading. (ANX2014-07011) This voluntary annexation petition involves a 1.82-acre portion of a 2.08-acre parcel of land occupied by a vacant detached dwelling. The remainder of the parcel is formerly vacated right-of-way which is already within the City. The parcel is located on the southwest corner of Lake Shore Drive and Fourth Avenue South. The applicant is requesting annexation in order to utilize a portion of the parcel as non-residential off-street parking to serve the existing car dealership (Dimmit Cadillac) and to integrate it with the parcel adjacent to the west which is also owned by the applicant. The applicant is not requesting sanitary sewer service at this time, and solid waste service is already provided to the adjacent site. The Development Review Committee is proposing that the 1.07-acres of Fourth Avenue South from Lake Shore Drive to Third Avenue South not currently within the City limits also be annexed. The property is contiguous to existing City boundaries to the east, south and west. Page 15 City of Clearwater City Council Meeting Minutes January 15, 2015 The existing Pinellas County future land use designation is Residential Suburban (RS) and the zoning designation is Residential Rural (RR). The applicant has submitted applications to change the property's Future Land Use Map designation of Residential Suburban (RS) to Residential Low (RL) and Residential Low Medium (RLM) (LUP2014-07002) and to designate the subject property with the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) zoning categories (City of Clearwater) (REZ2014-07002) upon annexation into the City. The applicant has also requested an amendment to an existing Development Agreement governing the property to the west, in order to integrate this parcel into the conceptual plan previously approved by the City and extend the development restrictions to the subject property accordingly (DVA2014-07001). These additional applications are being processed concurrently with this case. The Planning and Development Department has determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The parcel currently has a well for potable water. The applicant is requesting annexation in order to develop a portion of the property with a 65-space parking lot, but would be entitled to develop the remainder of the property at a future time as residential; therefore, access to urban infrastructure (e.g., City sewer) might be applicable in the future, but is not requested at this time. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service, as well as water and sanitary sewer if requested in the future. 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 through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City's tax base through the Page 16 City of Clearwater City Council Meeting Minutes January 15, 2015 annexation of a variety of land uses located within the Clearwater Planning Area. • The property is contiguous on the east, west and south to existing City boundaries, represents a logical extension of the boundaries and does not create an enclave; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Jonson moved to approve the annexation of property located at 2222 Lake Shore Drive together with all right-of-way of Fourth Avenue South from Lake Shore Drive to Third Avenue South. The motion was duly seconded and carried unanimously. Ordinance 8651-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8651-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.7 Approve a Future Land Use Map Amendment from the Residential Suburban (RS) designation to the Residential Low (RL) and Residential Low Medium (RLM) designations for property located at 2222 Lake Shore Drive; and pass Ordinance 8652-15 on first reading. (LUP2014-07002) The subject site is a 2.08-acre property consisting of one parcel of land, located on the southwest corner of Lake Shore Drive and Fourth Avenue South. The property is occupied by a vacant detached dwelling, and is owned by LaSalle Realty, LLC. The applicant is requesting to amend the property's Future Land Use Map designation of Residential Suburban (RS) category to the Residential Low (RL) and Residential Low Medium (RLM) categories in order to utilize a portion of the parcel as non-residential off-street parking to serve the existing car dealership (Dimmit Cadillac) and to integrate it with the parcel adjacent to the west which is also owned by the applicant. The applicant has submitted three additional applications being processed concurrently with this case: 1. A Petition for Annexation for the 1.82-acre portion of the property not currently within the City (ANX2014-07011); 2. A Zoning Atlas amendment to rezone the property from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (REZ2014-07002); and Page 17 City of Clearwater City Council Meeting Minutes January 15, 2015 3. A first amendment to a Development Agreement between the applicant and the City to limit the use of the portion of the site to non-residential off-street parking and carry forth the same development restrictions from the original agreement, with minor modifications, to reduce any impacts of this use on adjacent properties (DVA2014-07001). The proposed Residential Low (RL) category (0.81 acre) would permit up to 4 dwelling units, and the Residential Low Medium (RLM) future land use category (1.27 acres) would permit an additional 12 dwelling units; however, the applicant is proposing to limit the use of the Residential Low (RL) portion of the parcel to non-residential off-street parking use (65-space parking lot) through the aforementioned amended Development Agreement. The remainder of the parcel is depicted on the concept plan as remaining vacant, but could be developed as residential at a maximum of 10 units per acre in the future, as allowed by the proposed Residential Low Medium (RLM) future land use plan category. The Planning and Development Department has determined that the proposed Future Land Use Map amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • Sufficient public facilities are available to serve the property. • The proposed amendment will not have an adverse impact on the natural environment. • The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity (Division of Community Planning) is not required. The Community Development Board reviewed this application at its December 16, 2014 public hearing and unanimously recommended approval. Councilmember Hamilton moved to approve a Future Land Use Map Amendment from the Residential Suburban (RS) designation Page 18 City of Clearwater City Council Meeting Minutes January 15, 2015 to the Residential Low (RL) and Residential Low Medium (RLM) designations for property located at 2222 Lake Shore Drive. The motion was duly seconded and carried unanimously. Ordinance 8652-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8652-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.8 Approve a Zoning Atlas Amendment from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) for property located at 2222 Lake Shore Drive; and pass Ordinance 8653-15 on first reading. (REZ2014-07002) The subject site is a 2.08-acre property consisting of one parcel of land, located on the southwest corner of Lake Shore Drive and Fourth Avenue South. The property is occupied by a vacant detached dwelling, and is owned by LaSalle Realty, LLC. The applicant is requesting to rezone the property from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts in order to utilize a portion of the parcel as non-residential off-street parking to serve the existing car dealership (Dimmit Cadillac) and to integrate it with the parcel adjacent to the west which is also owned by the applicant. The applicant has submitted three additional applications being processed concurrently with this case: 1. A Petition for Annexation for the 1.82-acre portion of the property not currently within the City (ANX2014-07011); 2. A Future Land Use Map amendment from the Residential Suburban (RS) category to the Residential Low (RL) and Residential Low Medium (RLM) categories (LUP2014-07002); and 3. A first amendment to a Development Agreement between the applicant and the City to limit the use of the portion of the site to non-residential off-street parking and carry forth the same development restrictions from the original agreement, with minor modifications, to reduce any impacts of this use on adjacent properties (DVA2014-07001). The applicant is proposing to limit the use of the Low Medium Density Residential (LMDR) portion of the parcel to non-residential off-street parking use (65-space parking lot) through the aforementioned amended Development Agreement. The remainder of the parcel is depicted on the concept plan as Page 19 City of Clearwater City Council Meeting Minutes January 15, 2015 remaining vacant, but could be developed consistent with the proposed Medium Density Residential (MDR) District standards. The Planning and Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: • The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. • The proposed amendment is compatible with the surrounding property and character of the neighborhood. • The available uses in the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts are compatible with the surrounding area. • The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and • The proposed Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. The Community Development Board reviewed this application at its December 16, 2014 public hearing and unanimously recommended approval. Vice Mayor Hock-DiPolito moved to approve a Zoning Atlas Amendment from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (City) for property located at 2222 Lake Shore Drive. The motion was duly seconded and carried unanimously. Ordinance 8653-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8653-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.9 Approve a first amendment to a Development Agreement between LaSalle Realty, Page 20 City of Clearwater City Council Meeting Minutes January 15, 2015 LLC and the City of Clearwater for property located at 2222 Lake Shore Drive; and pass Resolution 15-01 to approve the Development Agreement for this property. (DVA2014-07001) The subject site is a 2.08-acre property consisting of one parcel of land, located on the southwest corner of Lake Shore Drive and Fourth Avenue South. The property is occupied by a vacant detached dwelling, and is owned by LaSalle Realty, LLC. The applicant is requesting approval of a first amendment to a Development Agreement entered into with the City in 2005 in order to utilize a portion of the subject parcel as non-residential off-street parking to serve the existing car dealership (Dimmit Cadillac) and to integrate it with the parcel adjacent to the west which is also owned by the applicant and is governed by the original Development Agreement. The applicant has submitted three additional applications being processed concurrently with this case: 1. A Petition for Annexation for the 1.82-acre portion of the property not currently within the City (ANX2014-07011); 2. A Future Land Use Map amendment from the Residential Suburban (RS) category to the Residential Low (RL) and Residential Low Medium (RLM) categories (LUP2014-07002); and 3. A Zoning Atlas amendment to rezone the property from the Residential Rural (RR) District (Pinellas County) and Open Space/Recreation (OS/R) District (City) to the Low Medium Density Residential (LMDR) and Medium Density Residential (MDR) Districts (REZ2014-07002). The proposed amended Development Agreement limits the use of the portion of the site proposed to be zoned Low Medium Density Residential (LMDR) District (lots 10 through 14 and adjacent vacated right-of-way, or the Specified Portion) to non-residential off-street parking. It carries forth the same development restrictions from the original agreement, with minor modifications to address the two portions of the subject property. The applicant will maintain 25-foot landscape buffers around the perimeter of the original property as well as the north, east and south boundaries of the additional property. The non-residential off-street parking areas on the original concept plan and amended concept plan (within the Specified Portion) will be combined; therefore, there is no setback/buffer between these two sections of the parcel boundaries. The proposed amended Development Agreement specifies that loud speakers or amplified sound on the property will be prohibited, lighting on the site will be designed so that light does not intrude beyond the site boundaries, and the parking of vehicles associated with the service department on the site will be prohibited. The Planning and Development Department has determined that the proposed first amendment to the Development Agreement is consistent with the City's Comprehensive Plan. Page 21 City of Clearwater City Council Meeting Minutes January 15, 2015 The Community Development Board reviewed this application at its December 16, 2014 public hearing and unanimously recommended approval. Applicant Representative Ed Armstrong requested that the duration of the development agreement be clarified for a period of ten years. Vice Mayor Hock-DiPolito moved to amend Section 3 to read......for a period not to °x^ ten (10) years from the date this First Amendment is effective." The motion was duly seconded and carried unanimously. Councilmember Jonson moved to approve Item 8.9 as amended. The motion was duly seconded and carried unanimously. Resolution 15-01 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt resolution 15-01. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.10Approve the annexation, initial Land Use Plan Designation of Institutional (1) and initial Zoning Atlas Designation of Institutional (1) District for a portion of 2905 Gulf-to-Bay Boulevard; and pass Ordinances 8674-15, 8675-15 and 8676-15 on first reading. (ANX2014-12028) This voluntary annexation petition involves a 0.42-acre property consisting of a portion of one parcel of land occupied by a church. It is located on the west side of Thornton Road, approximately 280 feet south of Gulf-to-Bay Boulevard. The applicant is requesting this annexation so that the entire parcel is within the City and may be included within the boundaries of the US 19 Corridor District when established on the Countywide Land Use Map (see Resolution 15-02) and on the City's Future Land Use Map and Zoning Atlas when designated. The property is located within an enclave and is contiguous to existing City boundaries on all sides. It is proposed that the property be assigned a Future Land Use Plan designation of Institutional (I) and a zoning category of Institutional (I). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water and solid waste service from the City. The closest sanitary sewer line is located in the Gulf-to-Bay Page 22 City of Clearwater City Council Meeting Minutes January 15, 2015 Boulevard right-of-way, and is therefore not readily available to the applicant's property. Access to urban infrastructure (e.g., City sewer) might be requested in the future if the property is redeveloped, but is not requested at this time. The property is located within Police District III and service will be administered through the district headquarters located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with solid waste, police, fire and EMS service, as well as sanitary sewer service if requested in the future. 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 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. • The proposed Institutional (1) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits institutional uses at an intensity of 0.65 FAR. The proposed zoning district to be assigned to the property is the Institutional (1) 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 north, south, east and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Hamilton moved to approve the annexation, initial Land Use Plan Designation of Institutional (1) and initial Zoning Atlas Designation of Institutional (1) District for a portion of 2905 Gulf-to-Bay Boulevard. The motion was duly seconded and carried Page 23 City of Clearwater City Council Meeting Minutes January 15, 2015 unanimously. Ordinance 8674-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8674-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8675-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to pass Ordinance 8675-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes:4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton Ordinance 8676-15 was presented and read by title only. Councilmember Hamilton moved to pass Ordinance 8676-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.11Approve the US 19 Center and Corridor district boundaries and adopt Resolution 15-02. In 2012, the Florida Legislature approved a revised Special Act (Chapter 2012-245) which mandated that the Countywide Plan be updated to be future oriented and with fewer land use categories. The Pinellas Planning Council (PPC) staff is nearing completion of the Countywide Plan update after several years of work and coordination with the local governments. The proposed Countywide Rules include an updated Activity Center (AC) plan category and a new Multimodal Corridor (MMC) plan category. These categories will be applied to those areas within local government jurisdictions that have been identified and planned for in a special and detailed manner, with a particular focus on areas served by public transit. Areas with previously approved Special Area Plans will be designated with these plan categories on the updated Countywide Plan Map, as well as new areas for which the required planning criteria are met. Planning and Development Department staff has coordinated with PPC staff throughout both projects to ensure that the envisioned densities and intensities planned for in the US 19 Corridor Redevelopment Plan would be possible through the new Countywide Rules. In order to have the new Countywide Plan Map depict the desired boundaries of the US 19 Centers and Corridor (in-between areas) at the time of adoption, the City must provide the PPC Staff Page 24 City of Clearwater City Council Meeting Minutes January 15, 2015 with the requested boundaries prior to the advertisement of the public hearings associated with the Countywide Plan Update project. PPC Staff currently plans to start these public hearings in February 2015. Resolution 15-02 Exhibit A depicts the proposed boundaries for the aforementioned Activity Center (AC) and Multimodal Corridor (MMC) categories as would be designated on the updated Countywide Plan Map. An additional map has been prepared for City Council showing the proposed US 19 sub-districts' boundaries (Regional Center, Neighborhood Center, and Corridor), as would be depicted on the City's Zoning Atlas. Areas currently designated as Recreation/Open Space (R/OS) or Preservation (P) are excluded from the proposed US 19 Centers and Corridor boundaries. Because the Regional Center and Neighborhood Center sub-districts are local classifications only, it is not necessary to formalize these boundaries at this time. These will be brought forward for City Council approval later this year as part of the US 19 rezoning. The Planning and Development Department recommends approval of Resolution 15-02. Upon approval, the City will transmit the boundaries and the appropriate parcel identification information for the properties to PPC staff to include on the updated Countywide Plan Map. Councilmember Jonson moved to approve the US 19 Center and Corridor district boundaries. The motion was duly seconded and carried unanimously. Resolution 15-02 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution 15-02. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 8.12Approve amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Brewpubs, Community Gardens, Microbreweries, and Urban Farms as permitted uses and providing for development standards, and flexibility criteria for those uses; modifying the accessory use and parking lot surface standards with regard to community gardens; providing for an exception to parking lot setbacks, modifying the dock and landscape divisions; modifying the temporary use provisions with regard to temporary emergency housing; providing for operational standards pertaining to Community Gardens and Urban Farms; providing standards for non-contiguous annexations; providing for and modifying various definitions; and modifying the fee schedule in both the Community Development Code and Code of Ordinances with regard to tree permits and pass Ordinance 8654-15 on first reading. (TA2014-00003) The proposed amendment contains numerous revisions to the Community Development Code (CDC) as well as the Code of Ordinances. However, the Page 25 City of Clearwater City Council Meeting Minutes January 15, 2015 majority of the proposed amendment is comprised by two topics: the addition of four new uses (brewpubs, community gardens, microbreweries and urban farms), and modifications to the landscape standards. The following is a list of these proposed amendments, organized according to topic. • Community Gardens and Urban Farms [pages 5-8, 19, 21, 23, 25, and 34- 37 of Ordinance]. The proposed amendments implements provisions of Clearwater Greenprint by adding community gardens as a minimum development standard use in the LDR, LMDR, MDR, MHDR, HDR, C, D and I Districts, and by adding urban farms as a minimum development standard use in the IRT District. Additionally, various other amendments are made throughout the CDC to provide for accessory use and grass parking standards, as well as operational requirements for these uses. • Brewpubs and Microbreweries [pages 6-11 of Ordinance]. The proposed amendment adds brewpubs as a Flexible Standard Development (FLS) and Flexible Development (FLD) use in the C, T and D Districts; and microbreweries as a FLS and FLD use in the C and IRT Districts. It is noted that the microbreweries use is also intended to facilitate the establishment of micro-distilleries and micro-wineries. • Docks [pages 25-27 of Ordinance]. The proposed amendment removes the flexibility limitations with regard to maximum length for new docks serving single-family and two-family dwellings. The dock length shall be the minimum length necessary in order to facilitate proper dock placement with consideration given to surrounding dock patterns of development. • Landscaping [pages 27-34 of Ordinance]. The proposed amendment modifies several aspects of the City's general landscaping standards, including: plant material specifications for single-family detached and two-family attached dwellings; species of plants that are allowable and prohibited; irrigation standards; perimeter landscape requirements; interior landscape requirements; and tree inventory requirements. The amendments also allows all citrus species of trees to be removed without a tree removal permit, and modifies the replacement/payment requirements for deficits on single-family detached or two-family attached dwelling properties. It is noted that some of the items within this portion of the amendment are being made in order to maintain compliance with the City's National Pollutant Discharge Elimination System (NPDES) Permit. • Temporary Emergency Housing [pages 34-35 of Ordinance]. The proposed amendment acknowledges the adoption of emergency housing provisions by Pinellas County, and provides for the implementation of those provisions by either Pinellas County Board of County Commissioners or the City of Clearwater City Council by way of a declaration of a state of housing emergency. • Noncontiguous Annexation [page 37 of Ordinance]. The proposed amendment establishes standards for noncontiguous annexations that were derived through a negotiation between numerous municipalities and Pinellas County (Interlocal Service Boundary Agreement) to provide a more Page 26 City of Clearwater City Council Meeting Minutes January 15, 2015 flexible annexation process, promote sensible boundaries that reduce the cost of local government, avoid duplicating local services. In addition to the above, staff is also proposing the following: • Clarifying how exceptions may be granted to the otherwise required setbacks to parking areas; • Clarifying that preliminary plat approvals are processed through a Level One, Flexible Standard Development application and not a Level One, Minimum Standard Development application; • Correcting a reference pertaining to what signs may be erected, constructed, altered or extended without a permit; • Defining the following terms: aquaponic systems, breweries, brewpubs, community gardens, hydroponic systems, microbreweries, micro-distilleries, micro-wineries, taproom, tasting room, and urban farms; • Adding tree removal permits fees to Appendix A - Schedule of Fees, Rates, and Charges, and adding language allowing the Community Development Coordinator to waive these fees when the tree removal is in conjunction with a public water/sewer project on private property. • Deleting subsection XXIII. Tree Protection from Appendix A, Code of Ordinances. The information contained in this subsection is relocated into Appendix A of the CDC. The Planning and Development Department has determined that the proposed text amendment to the Code of Ordinances and the Community Development Code is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report (TA2014-00003). The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of December 16, 2014 and unanimously recommended approval. Councilmember Hamilton moved to approve amendments to the Clearwater Community Development Code regarding numerous provisions, including: adding Brewpubs, Community Gardens, Microbreweries, and Urban Farms as permitted uses and providing for development standards, and flexibility criteria for those uses; modifying the accessory use and parking lot surface standards with regard to community gardens; providing for an exception to parking lot setbacks, modifying the dock and landscape divisions; modifying the temporary use provisions with regard to temporary emergency housing; providing for operational standards pertaining to Community Gardens and Urban Farms; providing standards for non-contiguous annexations; providing for and modifying various definitions; and modifying the fee schedule in both the Community Development Code and Code of Ordinances with regard to tree permits. The motion was duly seconded and carried unanimously. Ordinance 8654-15 was presented and read by title only. Page 27 City of Clearwater City Council Meeting Minutes January 15, 2015 Councilmember Jonson moved to pass Ordinance 8654-15 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 8621-15 on second reading, annexing certain real property whose post office address is 1413 West Virginia Lane, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8621-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8621-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.2 Adopt Ordinance 8622-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1413 West Virginia Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8622-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8622-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.3 Adopt Ordinance 8623-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1413 West Virginia Lane, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8623-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8623-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton Page 28 City of Clearwater City Council Meeting Minutes January 15, 2015 9.4 Adopt Ordinance 8624-15 on second reading, annexing certain real property whose post office address is 1466 Grove Circle Court, Clearwater, Florida 33755 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8624-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8624-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.5 Adopt Ordinance 8625-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1466 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Residential Low (RL). Ordinance 8625-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8625-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.6 Adopt Ordinance 8626-15 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1466 Grove Circle Court, Clearwater, Florida 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8626-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8626-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.7 Continue second reading Ordinance 8627-15 to a date uncertain, annexing certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759 into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Page 29 City of Clearwater City Council Meeting Minutes January 15, 2015 Vice Mayor Hock-DiPolito moved to continue Item 9.7 to a date uncertain. The motion was duly seconded and carried unanimously. 9.8 Continue second reading of Ordinance 8628-15 to a date uncertain, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Residential Low (RL). Vice Mayor Hock-DiPolito moved to continue Item 9.8 to a date uncertain. The motion was duly seconded and carried unanimously. 9.9 Continue second reading of Ordinance 8629-15 to a date uncertain, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1712 Grove Drive, Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Vice Mayor Hock-DiPolito moved to continue Item 9.9 to a date uncertain. The motion was duly seconded and carried unanimously. 9.10Adopt Ordinance 8630-15 on second reading, approving a Future Land Use Map Amendment from the Residential/Office General (R/OG) designation and Undesignated to the Institutional (1) designation for properties located at 206 and 210 Jeffords Street, 1112 Druid Road South, a portion of 1106 Druid Road South and a portion of 1240 South Fort Harrison Avenue. (LUP2014-09003) Ordinance 8630-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8630-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.11Adopt Ordinance 8631-15 on second reading, approving a Zoning Atlas Amendment from the Low Density Residential (LDR), Office (0) and Commercial (C) Districts to the Institutional (1) District for properties located at 206 and 210 Jeffords Street, 1112 Druid Road South, a portion of 1106 Druid Road South, and 1233 South Fort Harrison Avenue. (REZ2014-09004) Ordinance 8631-15 was presented and read by title only. Vice Page 30 City of Clearwater City Council Meeting Minutes January 15, 2015 Mayor Hock-DiPolito moved to adopt Ordinance 8631-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.12Adopt Ordinance 8632-15 on second reading, annexing certain real properties whose post office addresses are 1230 Palm Street, 1253 Union Street, 1916 Macomber Avenue, 1936 North Betty Lane, 1941 Chenango Avenue, 2028 Poinsettia Avenue, 1345 Union Street, 2069 North Betty Lane, 1264 Sedeeva Circle North, 1963 Chenango Avenue, 1201 Aloha Lane all in Clearwater, Florida 33755, together with certain right-of-way of Union Street, Lantana Avenue, Arbelia Street, Idlewild Drive, Poinsettia Avenue, North Betty Lane, Aloha Lane and Douglas Avenue, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8632-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8632-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.13Adopt Ordinance 8633-15 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real properties whose post office addresses are 1230 Palm Street, 1253 Union Street, 1916 Macomber Avenue, 1936 North Betty Lane, 1941 Chenango Avenue, 2028 Poinsettia Avenue, 1345 Union Street, 2069 North Betty Lane, 1264 Sedeeva Circle North, 1963 Chenango Avenue, 1201 Aloha Lane all in Clearwater, Florida 33755, together with certain right-of-way of Union Street, Lantana Avenue, Arbelia Street, Idlewild Drive, Poinsettia Avenue, North Betty Lane, Aloha Lane and Douglas Avenue, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8633-15 was presented and read by title only. Councilmember Jonson moved to adopt Ordinance 8633-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.14Adopt Ordinance 8634-15 on second reading, amending the Zoning Atlas of the city by zoning certain real properties whose post office addresses are 1230 Palm Street, 1253 Union Street, 1916 Macomber Avenue, 1936 North Betty Lane, 1941 Chenango Page 31 City of Clearwater City Council Meeting Minutes January 15, 2015 Avenue, 2028 Poinsettia Avenue, 1345 Union Street, 2069 North Betty Lane, 1264 Sedeeva Circle North, 1963 Chenango Avenue, 1201 Aloha Lane all in Clearwater, Florida 33755, together with certain right-of-way of Union Street, Lantana Avenue, Arbelia Street, Idlewild Drive, Poinsettia Avenue, North Betty Lane, Aloha Lane and Douglas Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance 8634-15 was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance 8634-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 9.15Adopt Ordinance 8655-15 on second reading, amending Section 2.064, Clearwater Code of Ordinances, regarding terms of board members to limit the number of consecutive years that a person can serve on a quasi-judicial board. Ordinance 8655-15 was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance 8655-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson and Councilmember Hamilton 10. City Manager Reports 10.1Amend Chapter 8, Code of Ordinances, to create Section 8.36, requiring persons in control of dogs on property other than the owner's to remove and dispose of dog waste and providing that no person shall allow an accumulation of dog waste on their property in a manner that creates a health hazard or public nuisance, and pass Ordinance 8619-15 on first reading. As a result of a citizen's complaint regarding dog owners' allowing their dogs to defecate on property and then failing to clean up after the dog, the Council directed the legal department to ensure that the Clearwater Code of Ordinances contained provisions addressing such activity. The creation of a new Section 8.36 within the Clearwater Code of Ordinances will obligate any person in charge of a dog to dispose in a sanity manner all excrement deposited by the dog on public property or on private property other than the private property of the dog owner or the private property of person having temporary or permanent custody or control of the dog. Additionally, even when a dog defecates on the dog owner's property or on the Page 32 City of Clearwater City Council Meeting Minutes January 15, 2015 private property of the person having temporary or permanent custody or control of the dog, such person would be obligated to ensure that excrement does not accumulate to the extent of causing a health hazard or nuisance. Councilmember Hamilton moved to amend Chapter 8, Code of Ordinances, to create Section 8.36, requiring persons in control of dogs on property other than the owner's to remove and dispose of dog waste and providing that no person shall allow an accumulation of dog waste on their property in a manner that creates a health hazard or public nuisance. The motion was duly seconded and carried unanimously. Ordinance 8619-15 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 8619-15 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, and Councilmember Hamilton 10.2Provide direction to and appoint the Charter Review Committee. The City Charter requires a Charter Review Committee be appointed at least every five years, appointments to be made in January preceding an election. The Charter also requires there be at least 10 members, all of whom must be Clearwater residents. At the time of appointment, the Council provides direction to the Committee regarding items the Council would like the committee to consider. It was suggested that Item 10.2 be continued to January 21 since Councilmember Polglaze is not present and appointments must be made in January. The appointments may be heard at the beginning of the Special Council Meeting on January 21, 2015. Staff was directed to confirm if prospective applicants have completed the City's Citizens Academy. One individual expressed an interest in applying. It was suggested that the individual submit an application. Vice Mayor Hock-DiPolito moved to continue Item 10.2 to January 21, 2015. The motion was duly seconded and carried unanimously. Page 33 City of Clearwater City Council Meeting Minutes January 15, 2015 11. City Attorney Reports — None. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Jonson acknowledged Planning's efforts on ordinances presented tonight and said that a copy of Rhode Island's Best Practices Design Book is available for council review and includes alternatives to lighted bridges. 13. Closing Comments by Mayor Mayor Cretekos reviewed recent and upcoming events. 14. Adiourn Attest i City Clerk The meeting adjourned at 7:30 p.m. City of Clearwater geancre \40; Mayor City of Clearwater Page 34