02/18/2014 CITY COUNCIL WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
IIII"""'6biruary
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Jay
E. Polglaze
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, Nicole Sprague — Official
Records and Legislative Services
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
Mayor George Cretekos called the meeting to order at 9:00 a.m. at City Hall.
1. Presentations — Given.
1.1 Service Awards
Four service awards were presented to city employees. The January/February 2014 Bi
Monthly Team Award was presented to the Marina Swimming Team: Randy Cline and
Larry Jones. The February 2014 Employee of the Month Award was presented to
Michael Kirn, Engineering.
Council recessed to meet as the Pension Trustees from 9:08 a.m. to 9:10 a.m.
2. Economic Development and Housing
2.1 Withdraw: Approve the Business Maintenance and Continued Performance
Agreement with MarineMax, Inc., which establishes certain conditions including
capital investment, new mob creation, minimum annual average wage thresholds
for new employees, and other considerations as required by the City's
enactment authority and reflected in Ordinance 8535-14, and authorize the
appropriate officials to execute same.
Ordinance 8535-14, upon adoption, will grant MarineMax, Inc. an Economic
Development Ad Valorem Tax Exemption (ED AVTE) of 50% of the increase in
Work Session 2014-02-18 1
tangible personal taxes for a period of 5 years beginning in Tax Year 2014
through Tax Year 2018.
In accordance with the City's enactment authority granting ED AVTE, all
businesses approved for ED AVTE must execute a Business Maintenance and
Continued Performance Agreement, which establishes requirements for
maintenance of operations and performance measurements in effect during the
term of the Exemption.
Performance measurements, including job creation, wage verification, and
evidence of capital investment (including purchases of furniture, fixtures and
equipment) are elements of the agreement and are reviewed annually with
required submittal of an annual report. In addition, the Agreement also includes
conditions for Council revocation should the Company fail to meet the obligations
of the agreement.
Project Overview
Headquartered in Clearwater, MarineMax is the nation's largest recreational boat
and yacht retailer selling new and used recreational boats and related marine
products and services. Currently located at 18167 US Highway 19 North,
MarineMax proposes an expansion and relocation of its Corporate Headquarters
to 2600 McCormick Drive.
The company plans to invest approximately $2.0 million in new furniture, fixtures,
and office and computer equipment and will add 30 new employees over a 3-year
period. Average annual wages of all new positions will exceed $65,000, which is
155% of the Pinellas County Annual Average Wage as published by Enterprise
Florida, Inc. on January 1, 2013.
Economic Development and Housing Assistant Director Denise Sanderson said the
MarineMax has reevaluated their finances and requested to withdraw their application
from further review.
2.2 Present Economic Development Strategic Plan 2013 Accomplishments. (WSO)
The Economic Development Strategic Plan was adopted in November 2011. The
Plan's guiding principles include pursuit of tax base diversification, higher paying
jobs, and business vitality to achieve economic vitality. Specifically, the Plan
establishes 5 goals, 18 Strategies, and 64 Action Items, which together provide a
roadmap for implementation. To evaluate progress toward the goals established
by the Plan, staff will present an overview of the 2013 Areas of Focus and
Accomplishments and will preview the work program for 2014.
Work Session 2014-02-18 2
Economic Development and Housing Assistant Director Denise Sanderson provided a
PowerPoint presentation.
In response to questions, Ms. Sanderson said Salesforce is a cloud-based software
system used to enhance communications with staff and businesses, allowing to tie
activities with specific business properties. The software will integrate data from the
business tax receipt office. Economic Development and Housing Director Geri Campos
Lopez said Salesforce is an industry standard for managing customer relationships.
It was suggested that staff verify data on visitor trends available on the Clearwater Tech
Alliance's website.
3. Gas System
3.1 Approve the first renewal of a Purchase Order, in the amount of$350,000, with
Heath Consultants, Inc., to provide natural gas line locating services, and
authorize the appropriate officials to execute same. (consent)
Clearwater Gas System (CGS) is requesting to continue the outsourcing of our
Gas Line Spotting function over the next year, in order to focus on the continued
training and development of new employees and have them perform into more
critical job functions within CGS operations. Several employees are actively
working on the installation of Automated Meter Reading (AMR) endpoints, for
each gas meter outside the City of Clearwater limits. This project is being
performed 100% in-house with no assistance from a third party vendor.
Florida law requires anyone who plans to dig and/or perform excavation activities
in the right of way or on private property to call the FL Sunshine One-Call center
and place a ticket 48 hours prior to performing the excavation. Once CGS
receives the locate ticket, a Line Spotter goes out to the site and marks the
approximate location of our gas lines, usually with flags and spray paint. This will
inform the contractor/excavator of the approximate location of our facilities once
they commence excavation.
Heath was selected in 2013 based on their response to RFP 04-13, Natural Gas
Distribution Main and Service Line Locating. Heath has agreed in writing to hold
their contract prices the same for the next year. In 2013, CGS received
approximately 32,100 locate tickets from the FL Sunshine One-Call center. CGS
projects the ticket count will increase in 2014/15 as construction activities
increase. CGS has been very pleased with Heath's work during the past year.
CGS has budgeted funds available in account codes 423-02066 (Pinellas Gas
Maintenance) and 423-02173 (Pasco Gas Maintenance).
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3.2 Approve a Service Agreement with Florida Gas Transmission for the
transportation of natural gas supply under Rate Schedule FTS-2, and authorize
the appropriate officials to execute same. (consent)
The City of Clearwater has two separate agreements with Florida Gas
Transmission (FGT) to reserve space within their pipeline to transport natural gas
supply to our four gate station delivery points. Both agreements provide the same
service, however, at different rate schedules. The Agreement that is requested for
renewal is for the Firm Transportation Service 2 (FTS-2) Service Agreement.
Currently, the Federal Energy Regulatory Commission (FERC) approved FTS-2
transportation rate is $0.7185 per Dekatherm (Dth) of natural gas supply. The
City's maximum gas supply entitlements are listed below:
May - October: 248,032 Dth (1,348 per day)
November - April- 322,361 Dth (1,781 per day)
Total capacity: 570,393 Dth
Rate per Dth: $0.7185 (FERC approved FTS-2 rate)
Total annual cost: $409,827.37
The new FTS-2 Service agreement will have an expiration date of February 28,
2025. In addition, no changes are being made to the supply entitlements or rates;
therefore, no additional money is required for the transportation service.
4. Parks and Recreation
4.1 Approve Concession Operations Agreement from March 1, 2014 through
February 28, 2015 with Edward Bates, individually d/b/a Kinney's Kitchen
(Kinney's), to provide food concession services for programs and activities held
at the EC Moore Softball Complex and authorize the appropriate officials to
execute same. (consent)
On January 19, 2011, a Request for Proposal (RFP) was issued for food
concession services at EC Moore Softball Complex. Only two proposals were
received, one from Kinney's and the other from Rick's Catering. Kinney's has
been providing concession services for the City sporting events primarily held at
EC Moore Complex for the past several years. During this time, Kinney's has
provided excellent service to users and visitors to the Complex. The current
agreement with Kinney's needs to be formalized into a Concession Operations
Agreement rather than the more informal Contract Services Agreement we
currently have with Kinney's. Kinney's will provide food concession services at
EC Moore Softball Complex for City sponsored league games, special events and
tournaments as well as providing portable concessions services at other athletic
sites and facilities as needed and approved by Parks and Recreation Department
Director.
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Under the Operation Agreement, Kinney's will pay a license fee equal to $26,000
per year.
Staff is recommending shifting from a percent of gross sales to a flat monthly
license fee since the financial oversight and reporting of the percent basis is
difficult to manage and this assures the City of a set amount of revenue that can
be budgeted in the general fund.
The City will have the opportunity to renew the agreement on an annual basis up
to four more additional years at which time a new RFP will be issued for renewed
or new services. Fees received from Kinney's in Fiscal Year 2010/11 were
$20,706 and in 2011/12 was $ 23,796.
In response to questions, Parks and Recreation Director Kevin Dunbar said a new RFP
was not pursued as the 2011 agreement had four one-year renewal options. The
agreement began in 2012.
Concerns were expressed with the length of time the agreement.
Mr. Dunbar suggested that Council approve the agreement for one year and allow staff
to release a new RFP. There was consensus to amend the agreement for a one-year
renewal. Staff was directed to take the item off the Consent Agenda.
4.2 Approve Event Agreement (Agreement) between the City and CBS Radio
Stations, Inc. (CBS Radio) to use Coachman Park on March 8, 2014 to produce,
organize and coordinate an outdoor concert event know as Wild Splash and
authorize the appropriate officials to execute same. (consent)
CBS Radio has partnered with the City on several successful concerts over the
past years; most recently with the Wild Splash Concerts. Wild Splash is one of
the Class 3A events Council approved in the annual Special Events Agenda Item
on April 18, 2013. This Class 3A event is produced by the Parks and Recreation
Department with all costs being covered by revenues from the event. This
agreement spells out the responsibilities of both CBS Radio and the City and
other terms relating to the concert. It is similar to other concert agreements the
City Council has approved. CBS Radio will cover all of the costs of the concert
and the City will receive 100% of the gross revenue from concessions (beer, wine
and Coke products). Any profits made from the event are deposited back into
the Special Event Fund so that other concerts and events can be conducted for
the residents of Clearwater at little or no cost i.e. Celebrate America, Fun N Sun
etc.
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In response to questions, Parks and Recreation Director Kevin Dunbar said the City
received two complaints during last year's events. This will be the thirteenth year the
event will be held. Staff meets with the promoter regarding the artists and arrangements
for police detail inside/outside the event area. Mr. Dunbar said this is the only event at
Coachman Park that targets this demographic. The event ends at 8:30 p.m. Police
Chief Anthony Holloway said there was one arrest, 36 medical calls, and 36 ejections
during last year's event.
5. Public Utilities
5.1 Declare a 2005 Sterling L7501 VacCon (G3019) surplus to the needs of the City
and be used for trade in value to purchase a new Aquatech Sewer
Cleaner/Vacuum Unit to maintain the sewer lines within Clearwater. (consent)
Staff is recommending that the 2005 Sterling L7501 VacCon be declared surplus
to the needs of the City since it has outlived its useful life and cost of repairs and
maintenance has risen to a point where a new vehicle is needed to continue the
maintenance of the sewer lines. This equipment has constant breakdowns, is in
the shop on a regular basis, and is not available for maintenance of the sewer
lines. Staff is recommending that the surplus equipment be used for trade-in value
rather than selling at auction, due to the trade-in value exceeding the auction
price. Since the trade in-value of this vehicle, $32,000 for the 2005 Sterling L7501
VacCon (G3019), exceeds $5,000, the City Council must declare them surplus for
this purpose. A separate purchasing item will be forthcoming recommending the
replacement of this vehicle.
4.2 Approve Event Agreement (Agreement) between the City and CBS Radio
Stations, Inc. (CBS Radio) to use Coachman Park on March 8, 2014 to produce,
organize and coordinate an outdoor concert event know as Wild Splash and
authorize the appropriate officials to execute same. (consent)
CBS Radio has partnered with the City on several successful concerts over the
past years; most recently with the Wild Splash Concerts. Wild Splash is one of
the Class 3A events Council approved in the annual Special Events Agenda Item
on April 18, 2013. This Class 3A event is produced by the Parks and Recreation
Department with all costs being covered by revenues from the event. This
agreement spells out the responsibilities of both CBS Radio and the City and
other terms relating to the concert. It is similar to other concert agreements the
City Council has approved. CBS Radio will cover all of the costs of the concert
and the City will receive 100% of the gross revenue from concessions (beer, wine
and Coke products). Any profits made from the event are deposited back into
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the Special Event Fund so that other concerts and events can be conducted for
the residents of Clearwater at little or no cost i.e. Celebrate America, Fun N Sun
etc.
6. Engineering
6.1 City staff recommendations on changes to the current parking prog ram. (WSO)
The City of Clearwater Parking System staff, City Manager's office and Audit
Department have researched and discussed needed changes to the current
parking system. Proposed changes to current program include adding more
metered spaces on the beach, adding a customer service office, permit and rate
changes, and increase the hours of enforcement.
Parking Manager Eric Wilson provided a PowerPoint presentation on the proposed
parking rate increases.
In response to questions, Mr. Wilson said staff is recommending to convert street
parking that is currently unmetered parking to metered parking. Individuals shopping at
the Marina may purchase a 1-hour permit for$1.00. Restaurant patrons may purchase
a permit for five minutes and obtain a hangtag permit from the restaurant or Marina
Office. The residential permit program is capped to 350 permits; only 116 have been
issued. There are 137 employee parking spaces; 2 are being used. Engineering
Director Mike Quillen said the maximum time allowed at the metered spots in the Marina
Lot is thirty minutes. Mr. Wilson said staff anticipates implementing the rate changes
after Spring Break. The City's parking rates have not increased in over ten years.
Mr. Wilson said staff is researching the parking meter technologies available prior to
releasing a Request for Proposals.
In response to a concern, the City Manager said the Rock Away Lot has different
operating hours due to previous after-hours activities, which have lessened due to
police enforcement.
Staff was directed to provide information on the number of available RV parking spaces.
It was suggested that the employee rate be standardized; one rate, year-round.
Council recessed from 11:12 a.m. to 11:20 a.m.
6.2 Approve Cooperative Funding Agreement between the Southwest Florida Water
Management District (SWFWMD) and the City of Clearwater for construction and
construction inspection of Smallwood Circle Stormwater Improvements (N395) in
the amount of$750,000 and authorize the appropriate officials to execute same.
consent
Work Session 2014-02-18 7
Council approved the award of the Smallwood Circle Drainage Improvements
Project to Rowland Inc in November of 2013.The project consists of removal and
replacement of approximately 3,000 linear feet of pipe including 1,000 linear feet
of undersized pipe between Highland Avenue to the west, Drew Street (SR 590)
to the south, Hobart Avenue to the east and Walnut Street to the north. The
replacement of the entire system will provide an opportunity to implement Best
Management Practices within this drainage area. Approval of this Cooperative
Funding Agreement with SWFWMD provides 50% of construction and
construction inspection up to a maximum of$750,000.
A first quarter amendment will increase budget only by $750,000 of SWFWMD
grant revenue in Capital Improvement Program (CIP) project 0315-96178,
Smallwood Circle.
Sufficient revenue is available in CIP project 0315-96178, Smallwood Circle, to
match SWFWMD grant.
In response to questions, Engineering Construction Manager Tara Kivett said the
change order includes 90 days of covered work. This will be the only change order
issued for this project; the stormwater improvements were not included in the original
project and the contractor provided a good quote. Ms. Kivett said the original project
stopped at Betty Lane and St. Thomas; the project now extends north of Betty Lane to
Woodlawn and a small block to Prescott.
6.3 Approve the First Amendment to Revocable License Agreement between the
City of Clearwater and Salt Block 57, LLC, for the exclusive use of City Parking
Lot 32; and authorize the appropriate officials to execute same. (consent)
City Council approved the original License Agreement (License) with Salt Block
577 LLC on November 20, 2013. The License was to commence on February 15,
2014 (Effective Date) and remain in effect for a period of 15 months. Salt Block
577 LLC has requested an amendment to the License changing the Effective Date
to April 15, 2014 with the 15-month duration remaining intact. The delay in the
Effective Date allows for public use of the parking lot to continue further into this
year's tourist season.
The amendment also provides for the Effective Date to be further delayed up to
September 15, 2014. The latest possible termination date will be December 15,
2015 ensuring that the parking lot is available for public use during the
subsequent tourist season. The License Fee requirement pursuant to the
License is unchanged by the Amendment. Salt Block 57 will be responsible for
five quarterly payments of$101,633 for a total license fee of$508,165.
Work Session 2014-02-18 8
6.4 Approve Change Order 1 to David Nelson Construction Co., Inc. of Palm Harbor,
Florida for the Hillcrest/Brookhill Neighborhood Traffic Calming and Stormwater
Improvements project (10-0002-EN and 10-0005-EN) in amount of$618,029.02,
for a new contract total of$3,178,865.38; approve a time extension of 90 days
for completion of additional storm improvements; and authorize the appropriate
officials to execute same. (consent)
Clearwater City Council awarded a $2,560,836.36 contract on October 17, 2012
to Nelson Construction for the Hillcrest/Brookhill Traffic Calming and Stormwater
Improvements project (10-0002-EN and 10-0005-EN).
The contractor agreed to honor original unit prices to construct additional storm
improvements extending north on Betty Lane from St. Thomas Drive to Woodlawn
Street, adjacent to the original project scope. The contract's new completion date
is October 14, 2014.
The Stormwater Maintenance Department shall own, operate and maintain theses
stormwater improvements once constructed.
Sufficient funding is available in Capital Improvement Program project 0315-
96169, Stevenson Creek in the amount of$618,029.02.
7. Planning
7.1 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 1238 Palm Street, 1215 Palm Street, 1349 Union
Street, 1329 State Street, and 1230 Aloha Lane; and pass Ordinances 8537-14,
8538-14 and 8539-14 on first reading. (ANX2013-12034)
This voluntary annexation petition involves five parcels of land totaling 0.927
acres. All parcels are occupied by a single-family dwelling. The five lots are
located south of Union Street, east of Douglas Avenue, north of Sunset Point
Road (SR 576), and west of Kings Highway. The applicants are requesting
annexation in order to receive solid waste service from the City, and will connect
to City sewer when it is available in the future, as part of the City's Idlewild/The
Mall Septic-to-Sewer Project. All properties are contiguous to existing city
boundaries in at least one direction. It is proposed that the properties be assigned
a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas
designation of Low Medium Density Residential (LMDR).
Work Session 2014-02-18 9
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 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 properties are located within Police District II and service will be administered
through the district headquarters located at 645 Pierce Street. Fire and
emergency medical services will be provided to these properties by Station 51
located at 1720 Overbrook Avenue. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS service.
The proposed annexations will not have an adverse effect on public facilities and
their levels of service; and
• The proposed annexations are consistent with and 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.
Policy A.7.2.3 Continue to process voluntary annexations for single-family
residential properties upon request.
The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of these properties. This
designation primarily permits residential uses at a density of 7.5 units per
acre. The proposed zoning district to be assigned to the properties is the Low
Medium Density Residential (LMDR) District. The use of the subject properties is
consistent with the uses allowed in the district and the properties exceed the
district's minimum dimensional requirements. The proposed annexations are
therefore consistent with the Countywide Plan and the City's Comprehensive Plan
and Community Development Code; and
The properties proposed for annexation are contiguous to existing city
boundaries; therefore, the annexation is consistent with Florida Statutes Chapter
171.044.
Work Session 2014-02-18 10
7.2 Approve a Future Land Use Map amendment from the Residential Urban (RU)
classification to the Residential Low Medium (RLM) classification for property
located at 2730 Curlew Road (consisting of a portion of Section 17, Township 28
South, Range 16 East), and pass Ordinance 8533-14 on first reading.
(LUP2013-11008)
This Future Land Use Map amendment application involves a 1.394-acre property
located on the south side of Curlew Road, west of Countryside Boulevard. The
property is owned by Bennett Retirement Communities, LLC, which operates a
26-bed Assisted Living Facility, Curlew Care of Clearwater, on site. This property
has a Future Land Use Map classification of Residential Urban (RU) and zoning
designation of Medium Density Residential (MDR). The applicant is requesting to
amend the Future Land Use Map classification to the Residential Low Medium
(RLM) classification in order to increase the density allowed on the property so
that the facility can be expanded through the addition of a new wing. The
proposed Residential Low Medium (RLM) classification will allow the existing
assisted living facility to expand from a maximum of 30 beds to a maximum of 39
beds without having to relocate to a new parcel. The current Medium Density
Residential (MDR) District is consistent with the proposed future land use
classification, and therefore no rezoning is requested.
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, and
• 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, the 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 Future Land
Use Map amendment 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 public hearing
on January 21, 2014 and unanimously recommended approval of the Future Land
Use Map amendment.
Work Session 2014-02-18 11
In response to questions, Planning and Development Assistant Director Gina Clayton
said the Applicant has not submitted a site plan. The Applicant cannot use parking
spaces in a city facility to meet the parking requirement.
7.3 Approve a Second Amendment to an existing Development Agreement between
RS Clearwater LLC, (the property owner) and the City of Clearwater; adopt
Resolution 14-02, and authorize the appropriate officials to execute same.
(DVA2013-11001)
The 11.637-acre site is located at the southwest corner of Gulf to Bay Boulevard
and South Belcher Road. The property consists of the following three parcels of
vacant land 13-29-15-48611-000-0020, 13-29-15-48611-000-0030 and 13-29-15-
48611-000-0040). The property is located within the Commercial (C) District and
the Residential/Office/Retail (R/O/R) Future Land Use Plan category.
The proposal is to amend a previously approved site plan to allow a Vehicle
Service use within the C District as part of a Retail Plaza with a minimum parking
ratio of 1.5 spaces per 1,000 square feet of GFA. The Vehicle Service use will be
located within a one-story 6,622 square foot at the northwest corner of the site
replacing the approved 4,200 square foot proposed office building.
On February 16, 2010, the Community Development Board approved a Flexible
Development application (FLD2009-12046) to permit 70,212 square feet of Retail
Sales and Services uses and 12,787 square feet of Restaurant uses (total
commercial floor area of 82,999 square feet) in the proposed Commercial (C)
District. This site plan was superseded by application FLD201 1-0401 8 outlined,
below. The site was also the subject of a Development Agreement (DVA2009-
00005).
On July 19, 2011, the Community Development Board approved a Flexible
Development application (FLD2011-04018) to permit 40,000 square feet of retail
sales and service use, 5,559 square feet of automobile service station use, 4,200
square feet of office use (bank) and 9,400 square feet of restaurant uses (total
commercial floor area of 59,159 square feet) in the Commercial (C) District. The
site is also subject to a Development Agreement (DVA2011-04001) which
amended the original Development Agreement (DVA2009-00005).
On March 10, 2010, the City Council approved the original Development
Agreement (DVA2009-00005) which provided, in brief:
• A maximum of 90,000 square feet of retail and restaurant development;
• 495 parking spaces;
• A maximum Floor Area Ratio (FAR) of 0.178;
Work Session 2014-02-18 12
• A maximum height of 36 feet;
• That any minor amendments to the site plan may be made by the Planning
and Development Director pursuant to Code; and
• That any amendments to the site plan deemed to not be a minor
amendment or that require further review by the CDB shall require an
amendment to the Development Agreement.
On August 29, 2011, the City Council adopted DVA2011-04001, an amendment to
the Development Agreement outlined, above, which provided, in brief:
• An overall amendment to the Site Plan (Section 3);
• Amending Section 4.2 to include specific ratios for the number of required
parking spaces rather than an overall number as follows:
o five spaces per 1,000 square feet of Gross Floor Area (GFA) for
retail and automobile service stations;
• four spaces per 1,000 square feet of GFA for office; and
• 15 spaces per 1,000 square feet of GFA for restaurants.
• That the ability to utilize cross-parking amongst outparcels be permitted.
This Second Amendment to an existing Development Agreement proposes to
amend a previously approved site plan to allow a Vehicle Service use within the C
District as part of a Retail Plaza with a minimum parking ratio of 1.5 spaces per
1,000 square feet of GFA. The number of parking spaces complies with the
development standard of 1.5 spaces per 1,000 square feet of gross floor area for
Vehicle Service uses as set forth in the Community Development Code.
The development proposal will not degrade the Level of Service (LOS C or better)
on surrounding transportation facilities nor adversely affect the nearby signalized
intersection, which is consistent with Metropolitan Planning Organizations
concurrency management for transportation facilities.
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 units from the Hotel Density Reserve and includes the
following main provisions:
• Amends Section 3 of the agreement to reflect the new site plan for the
northern portion (Parcel 1);
• Amends Sections 4.1 of the agreement to include no more than 90,000
square feet of retail, restaurant and vehicle service use on the parcel; and
• Amends Section 4.2 of the agreement to change the number of parking
spaces for restaurants from 15 spaces per 1,000 square feet of gross floor
Work Session 2014-02-18 13
area to 12 spaces per 1,000 square feet and to add 1.5 parking spaces per
1,000 square feet for vehicle service to the existing provided uses and their
respective parking ratios;
The Community Development Board reviewed this Second Amendment to an
existing Development Agreement at its public hearing on January 21, 2014, and
recommended approval.
In response to questions, Planner Mark Parry said a few out parcels are slated for
restaurants. The Wawa was a component to the site plan and will face Gulf to Bay
Boulevard. The south end of the property will have a residential component. Planning
and Development Assistant Director Gina Clayton said the Wawa was always part of
the proposal; the outparcels were not.
7.4 Approval of a Development Agreement between Marquesas, LLC (property
owner) and the City of Clearwater, providing for the allocation of 93 units from
the Hotel Density Reserve under Beach by Design; adopt Resolution 14-05, and
authorize the appropriate officials to execute same. (HDA2013-12008)
No changes have been made to the Development Proposal presented at the
February 6, 2014 Council meeting.
The owners propose to develop the site with two primary buildings including a 74-
unit resort attached dwelling building and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like. It should be noted that on April 19, 2005 the Community
Development Board (CDB) approved a Transfer of Development Rights (TDR) of
10 units from 41 Devon Drive and three units from the Sand Pearl project located
generally at 500 Mandalay Avenue (13 dwelling units total), under the provisions
of Section 4-1402 (TDR2005-01017) as associated with applications FLD2005-
01016 and PLT2005-00002.
It must be noted that the applicant is using only 12 of these dwelling units as part
of the 74 proposed dwelling units because the amount of dwelling units, which
may used as part of a TDR is limited to 20 percent of the permitted number of
dwelling units. As such, for the purposes of determining the overall intensity of use
for the site, only 62 dwelling units are used (74 less 12 equals 62).
The development is considered a mixed-use project due to the mix of residential
and non-residential units. The intensity of use for mixed use projects is
determined by calculating the amount of land area needed for one of the uses and
the applying the remaining land area to the second use. In the case of the subject
development, the development potential is determined by first calculating the
Work Session 2014-02-18 14
amount of land needed to support 62 dwelling units. In this case, 2.067 acres is
need to support 62 dwelling units given density of 30 units per acre. This area is
subtracted from the overall size of the site (4.38 acres) resulting in 2.313 acres.
This is then multiplied by 50 (the otherwise permitted number of hotel units
permitted per acre) which yields 115 units. This acreage is also multiplied by 90
(the maximum density for properties greater than 2.5 acres pursuant to Beach by
Design) which yields 208 units. Subtracting these two figures (208 less 115) yields
93, which is the number of units needed from the Reserve. The proposal is
consistent with Beach by Design and the CDC with regard to density.
As mentioned, the current proposal is to develop the site with two primary
buildings including a 74-unit resort attached dwelling building (including 12 units
transferred to the site previously) and a 208-unit overnight accommodations
building with associated accessory uses included a restaurant, bar, fitness facility
and the like, including the allocation of up to 93 rooms from the Hotel Density
Reserve. The Overnight Accommodation and Resort Attached Dwelling building
will be 150 feet (from Base Flood Elevation) to flat roof(15 stories) with an
additional 13 feet for mechanical equipment and architectural details. A parking
garage containing 265 spaces serving the Overnight Accommodation use will be
just over 73 feet with an additional 13 feet for mechanical equipment and
architectural details. An additional 50 spaces are accommodated within structured
parking associated with the Resort Attached Dwelling building. Finally, 97 spaces
are provided with surface parking throughout the site. The proposal includes a
tropical modern architecture, which is consistent with and complements the
tropical vernacular envisioned in Beach by Design.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the
February 6, 2014 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the CDC with regard to:
• Minimum Lot Area and Width
• Minimum Setbacks
• Maximum Height
• Minimum Off-Street Parking
• Landscaping
Consistency with Beach by Design:
No changes have been made to the Conceptual Site Plan presented at the
February 6, 2014 Council meeting. The Conceptual Site Plan continues to appear
to be consistent with the Beach by Design with regard to:
Design Guidelines
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• Hotel Density Reserve
Standards for Development Agreements: The proposal is in compliance with the
standards for development agreements, is consistent with the Comprehensive
Plan and furthers the vision of beach redevelopment set forth in Beach by Design.
The proposed Development Agreement will be in effect for a period not to exceed
ten years, meets the criteria for the allocation of rooms from the Hotel Density
Reserve under Beach by Design and includes the following main provisions:
• Provides for the allocation of up to 93 units from the Hotel Density Reserve
or a maximum density of 90 units per acre;
• Requires the developer to obtain building permits and certificates of
occupancy in accordance with (CDC) Section 4-407;
• Requires the return of any hotel unit obtained from the Hotel Density
Reserve that is not constructed;
• For units allocated from the Hotel Density Reserve, prohibits the
conversion of any hotel unit to a residential use and requires the recording
of a covenant restricting use of such hotel units to overnight
accommodation usage; and
• Requires a legally enforceable mandatory evacuation/closure covenant that
the hotel will be closed as soon as practicable after a hurricane watch that
includes Clearwater Beach is posted by the National Hurricane Center.
Changes to Development Agreements: Pursuant to Section 4-606.1., CDC, a
Development Agreement may be amended by mutual consent of the parties,
provided the notice and public hearing requirements of Section 4-206 are
followed. Revisions to conceptual site plans and/or architectural elevations
attached as exhibits to this Development Agreement shall be governed by the
provisions of Section 4-406, CDC. Minor revisions to such plans may be approved
by the Community Development Coordinator. Other revisions not specified as
minor shall require an amendment to this Development Agreement.
The Planning and Development Department is recommending approval of this
Development Agreement for the allocation of up to 93 units from the Hotel Density
Reserve under Beach by Design.
8. City Manager
8.1 Approve the Strategic Direction Action Plan and authorize transfer of funds in the
amount of$250,000 from General Fund Reserves to establish a Strategic
Direction Action Plan Project and provide for an Urban Land Institute Technical
Assistance Panel, Citywide Branding, Citizens Survey and related
implementation activities. (consent)
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In 2013, City Council established a Strategic Direction, providing a Mission and
Vision along with supporting Goals and Objectives, as derived from input from
stakeholders and a community analysis.
Implementation of the Strategic Direction requires both, defined, proactive actions
as well as on-going planning and resource commitments. The Action Plan outlines
new strategic actions that are recommended for purposes of beginning the
implementation process with activities that require outside consultants and
surveys. These actions are necessary to fulfill the identified objectives for creating
an economic identity and promoting a Clearwater brand as well as fostering
community engagement to understand citizen values for services and
performance.
The balance in General Fund reserves is approximately $29.9 million, or 17.3% of
the 2013/14 General Fund operating budget. Inclusive of the $1.4 million used to
fund the current operating budget, a total of$2,450,215 of General Fund reserves
had been used to date to fund expenditures in the 2013/14 operating budget.
In response to questions, Assistant City Manager Jill Silverboard said the ULI
professional panel would meet individually with Councilmembers and as a group. Staff
is recommending that ULI concentrate on the Downtown core and include the
institutional uses found in the area. Staff envisions the ULI Panel would consider the
impact of the new Clearwater Marine Aquarium and the new City Hall. The ULI Panel
would spend one week in Clearwater and complete their study within four months.
Planning and Development Director Michael Delk said ULI initiates their process based
on ten questions developed by staff and Council of what the City wants to focus on.
Based on the questions, ULI will assemble their expert panel.
9. Official Records and Legislative Services
9.1 Appoint two members to the Public Art and Design Board with terms to expire
February 28, 2018.
There was consensus to reappoint Judith Powers and Neale Stralow.
9.2 Appoint two members to the Community Development Board (CDB) with terms
to expire February 28, 2018.
The City Clerk said that Michael Boutzoukas has expressed a repeated interest in
serving on the CDB. Staff has no objection if Mr. Boutzoukas is considered for the
appointment as the Board is needing a real estate professional.
Work Session 2014-02-18 17
Discussion was deferred to the council meeting.
10. Legal
10.1 Adopt Ordinance 8512-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address are 18820,
18830, 18840, 18850, and 18860 US Highway 19N., Clearwater, Florida from
Residential/Office General (R/OG) to Commercial General (CG) and
Residential/Office/Retail (R/O/R).
10.2 Adopt Ordinance 8513-14 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address are 18820,
18830, 18840, 18850, and 18860 US Highway 19N., Clearwater, Florida from
Office (0) to Commercial (C).
10.3 Adopt Ordinance 8514-14 on second reading, amending the future land use plan
element of the Comprehensive Plan of the city to change the land use
designation for certain real property whose post office address is 2650 Sabal
Springs Drive from Recreation/Open Space (R/OS) to Institutional (1).
10.4 Adopt Ordinance 8515-14 on second reading, amending the Zoning Atlas of the
city by rezoning certain real property whose post office address is 2650 Sabal
Springs Drive from Open Space/Recreation (OS/R) to Institutional (1).
10.5 Deny: Second Reading of Ordinance 8535-14 Approving for MarineMax, Inc. an
exemption from certain ad valorem taxation.
11. City Manager Verbal Reports — None.
12. Council Discussion Items
12.1 Neighborhood Matching Grants (re-establish Grant Program) - Councilmember
Polglaze
Historical Background
• The last year the Clearwater Awards for Neighborhoods Program was
done was 2009.
• The total amount awarded each year was $25,000 and individual
neighborhoods could be awarded between $500 and $5000.
Neighborhoods could enter into more than one category.
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Neighborhood Services held orientation that associations had to attend in order
to be eligible. First tier award categories were the Mayor's Award of Excellence,
City Council Award for Charity and Volunteerism, City Manager's Award for
Beautification and the Director's Award for Creativity. Second tier award
categories were Best New Association, No Neighbor Left Behind,
Hurricane/Safety Plan, Most Improved Association, Best Crime Watch
Organization, Best Neighborhood Communications, Most Attendance at
City/State Conferences and Trainings, Adopt-A-Neighborhood, Most Healthy and
Fit Neighborhood.
• The goal was to get residents involved in their neighborhoods, city events,
government processes, and involved in growing families and communities
in unique and positive ways. The awards program was designed to get
Clearwater neighbors excited about thinking of creative ways to achieve
all of these objectives.
• Neighborhoods services previously had a staff of 4 or 5 employees at
various times. The function is now a portion of one FTE's job.
Councilmember Jay Polglaze requested consideration to reinstate the neighborhood
matching grant program.
The City Manager said reinstituting the program may require more staff in order to
provide a higher level of service.
It was suggested that the issue be raised during the budget process.
13. Closing Comments by Mayor— None.
14. Adjourn
The meeting adjourned at 12:21 p.m.
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