12/17/2015 City Council Meeting Minutes December 17, 2015
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
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Meeting Minutes
Thursday, December 17, 2015
6:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Roll Call
Present: 5 - Mayor George N. Cretekos, Councilmember Doreen Hock-DiPolito,
Councilmember Bill Jonson, Councilmember Hoyt Hamilton and
Vice Mayor Jay E. Polglaze
Also Present: William B. Horne I I — City Manager, Jill Silverboard —Assistant City
Manager, Rod Irwin —Assistant City Manager, Pamela K. Akin - City
Attorney, and Rosemarie Call - City Clerk
To provide continuity for research, items are listed in agenda order although not necessarily
discussed in that order.
1. Call to Order— Mayor Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation — Mayor Cretekos
3. Pledge of Allegiance — Mayor Cretekos
4. Special recognitions and Presentations (Proclamations, service awards, or
other special recognitions. Presentations by governmental agencies or groups
providing formal updates to Council will be limited to ten minutes.) — Given.
4.1 Service Awards - December
One service award was presented to a city employee
4.2 End of Session Report - The Honorable Larry Ahern, Florida House of
Representatives
4.3 TriRock - Patrick McGee, Race Director, TriRock Clearwater
Mr. McGee provided a PowerPoint presentation reviewing event
accomplishments for the 2015 TriRock event.
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City Council Meeting Minutes December 17, 2015
4.4 Annual Utilities "We Care Fund" Presentation - Alessandra Scorcioni, Customer
Service
Ms. Scorcioni presented a PowerPoint presentation reviewing the We Care
Fund. She asked those able to contribute to submit a pledge form.
Farewell to Assistant City Manager Rod Irwin
The City Manager thanked Mr. Irwin for his years in public service and presented Mr. Irwin with a
plaque.
The City Council thanked Mr. Irwin for his service to the community and wished him well in
retirement.
5. Approval of Minutes
5.1 Approve the minutes of the December 3, 2015 City Council Meeting Minutes as
submitted in written summation by the City Clerk.
Councilmember Jonson moved to approve the minutes of the
December 3, 2015 City Council Meeting Minutes as submitted in
written summation by the City Clerk. The motion was duly
seconded and carried unanimously.
6. Citizens to be heard re items not on the agenda
Karena Morrison wished all a Merry Christmas and encouraged all to donate
books for the MOM youth book drive.
Lilllie Henry invited all to see the community garden at the Martin Luther King,
Jr. Community Center.
7. Consent Agenda — Approved as submitted.
7.1 Grant consent to Ruth Eckerd Hall, Inc (REH) for the purpose of obtaining financing
from Bank of America for two loans in the amount of$5,860,000 and $450,000
respectively and authorize the appropriately officials to execute same. (consent)
7.2 Approve work orders to Engineers of Record Tetra Tech, Inc. of Tampa, FL in the
amount of$2,797,900 for engineering services, and Leggette, Brashears and Graham
(LBG), Inc. of Tampa, FL in the amount of$227,158 for hydrogeologic services
associated with the City of Clearwater Groundwater Replenishment Project Phase 3
(15-0010-UT); approve the Cooperative Funding Agreement with the Southwest
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City Council Meeting Minutes December 17, 2015
Florida Water Management District (SWFWMD) (District ID N665), which provides
reimbursement of project costs up to $14,340,000; and authorize the appropriate
officials to execute same. (consent)
7.3 Approve the conveyance of a Distribution Easement to Duke Energy for the
maintenance of electrical facilities at City-owned property containing Sid Lickton Field
and Reverse Osmosis Treatment Plant Number One; and authorize the appropriate
officials to execute same. (consent)
7.4 Amend the Interlocal Agreement between the Community Redevelopment Agency
(CRA) and the City of Clearwater to allow funds to be utilized by the Clearwater Main
Library for pre-venture, startup and small business programs and services and
authorize the appropriate officials to execute same. (consent)
7.5 Appoint Pamela Gene Benton to the Sister Cities Advisory Board as the School
Board's World Language Coordinator or designee representative with term to expire
December 31, 2019. (consent)
7.6 Disband the Charter Review Committee. (consent)
Councilmember 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 City of Clearwater's Fiscal Year 2014-2015 Consolidated Annual
Performance and Evaluation Report (CAPER).
The Consolidated Annual Performance and Evaluation Report (CAPER) is the
principal administrative report, documenting the City's expenditures for
Community Development Block Grant (CDBG) and HOME Investment
Partnership (HOME) programs to the U.S. Department of Housing and Urban
Development (HUD). For Fiscal Year (FY) 2014-2015, the City's entitlement
allocation was $726,298 in CDBG and $299,956 in HOME Program funds for a
total budget of$1,026,254 from federal funds.
The CAPER document serves as the basis for program monitoring for
compliance and for financial audits for all activities conducted during FY
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City Council Meeting Minutes December 17, 2015
2014-2015 as outlined in the Consolidated Plan. The report provides HUD with
necessary information for the Department to meet its requirement to assess
each grantee's ability to carry out relevant Community Planning and
Development programs in compliance with all applicable rules and regulations.
It also provides information necessary for HUD's Annual Report to Congress
and it provides grantees an opportunity to describe to citizens their successes
in revitalizing deteriorated neighborhoods and in meeting objectives stipulated
in their Consolidated Planning document.
In addition to reporting on our activities with federal money, we also included a
summary of activities conducted with the Florida State Housing Initiatives
Partnership (SHIP) Program, Pinellas County Housing Trust Fund Program
and Neighborhood Stabilization Program 3 in the narrative section; however,
these numbers are not included in the totals below.
Through the CDBG and HOME program activities, we expended a total of
$1,590,685 in FY 2014-2015, which included funding from the prior year
reprogrammed fund budget of$1,603,595. Those funds not expended from
this year's budget will be programmed in future budgets.
The City of Clearwater's FY 2014-2015 CAPER contains information on the
City's assessment of the following activities:
- Assessment of Three to Five Year Goals and Objectives
- Affordable Housing
- Continuum of Care
- Leveraging Resources
- Affirmatively Furthering Fair Housing
- Citizens Comments
- Self-Evaluation
Over 5,438 persons were assisted through Public Services, Public Facilities,
Housing Rehabilitation and New Construction, Fair Housing, and Economic
Development projects and programs.
A brief summary of FY 2014-2015 accomplishments are:
- Closed on thirteen owner-occupied rehabilitation loans totaling
$285,514.
- Closed on fifteen down payment assistance loans totaling
$357,140.
- Provided a $200,000 loan to Habitat for Humanity of Pinellas
County to build four new single family homes on Milton Street.
- Provided a $137,190 loan to Bright Community Trust to acquire and
renovate a single family home located at 203 South Neptune.
- Provided a $157,571 loan to Bright Community Trust to acquire and
renovate a single family home located at 2034 Keene Road.
- Habitat for Humanity of Pinellas County, Inc. built five new homes in
the Stevens Creek Subdivision using NSP3 funds (revolving).
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- SP Country Club Homes, Inc -All of the units have been sold.
- Provided a $350,000 loan to SP Garden Trail Apartments 2013,
LLC for partial development cost for a new 75-unit apartment
complex for families.
- Provided a $95,000 loan to Kimberly Home to renovate a rental
home.
The City's Neighborhood and Affordable Housing Advisory Board is scheduled
to approve the FY 2014-2015 CAPER at their meeting on December 8, 2015.
The CAPER is due to HUD no later than December 30, 2015.
Economic Development and Housing Director Geri Campos Lopez provided a
PowerPoint presentation.
Vice Mayor Polglaze moved to approve the City of Clearwater's
Fiscal Year 2014-2015 Consolidated Annual Performance and
Evaluation Report (CAPER). The motion was duly seconded and
carried unanimously.
8.2 Approve the request from the owner of property addressed at 1827 Winwood Drive to
vacate a portion of a platted drainage easement; and pass Ordinance 8820-16 on first
reading (VAC2015-09).
The owner of property located within city limits at 1827 Winwood Drive is
planning to construct a swimming pool partially within a platted drainage
easement. There are existing improvements that encroach into the easement
as well. The proposed vacation will eliminate these existing and planned
encroachments. If approved, the remaining easement area will be sufficient for
the City's Stormwater Maintenance Division to maintain drainage flows as
provided for by the easement.
Councilmember Hamilton moved to approve the request from the
owner of property addressed at 1827 Winwood Drive to vacate a
portion of a platted drainage easement. The motion was duly
seconded and carried unanimously.
Ordinance 8820-16 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8820-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
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8.3 Approve a Future Land Use Map Amendment from the Residential Urban (RU)
category to the Residential/Office General (R/OG) category for property located at
2727 Daniel Street; and pass Ordinance 8786-16 on first reading. (LUP2015-08002)
This Future Land Use Map amendment application involves a 0.209 acre
parcel located on the southeast corner of Daniel Street and Charles Avenue,
approximately 415 feet west of McMullen Booth Road. The parcel is currently
occupied by a vacant single family residence. The request is to change the
parcel's Future Land Use Map designation of Residential Urban (RU) to the
Residential/Office General (R/OG) category, in order to redevelop the site with
an office. The applicant has submitted two additional applications being
processed concurrently with this case:
1. A Zoning Atlas amendment to rezone the property from the Low
Medium Density Residential (LMDR) District to the Office (0) Zoning
District (REZ2015-08001); and
2. A Flexible Development Application to redevelop the site as an office
building (FLD2015-08032) which was approved by the Community
Development Board November 17, 2015.
The proposed Residential/Office General (R/OG) category would permit
development at a 0.50 floor area ratio or a density of 15 dwelling units per
acre. The Residential/Office General (R/OG) future land use designation
requested is consistent with the surrounding future land use designations that
exist in the vicinity of the subject property. This area is transitioning from single
family residential to office uses, and the proposed Residential/Office General
(R/OG) designation will allow the site to redevelop as an office, which is in
character with the residential properties to the south and the office/commercial
properties to the north, east and west of the subject site.
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
and the Countywide Plan Rules;
• 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
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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 November
17, 2015 public hearing and unanimously recommended approval.
Councilmember Jonson moved to approve a Future Land Use Map
Amendment from the Residential Urban (RU) category to the
Residential/Office General (R/OG) category for property located at
2727 Daniel Street. The motion was duly seconded and carried
unanimously.
It was noted that the ordinance contained the incorrect zip code. The City
Attorney said the zip code would be corrected as a scrivener's error.
Ordinance 8786-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8786-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.4 Approve the annexation of an unaddressed parcel located on the west side of McMullen
Booth Road approximately 1,054 feet south of East Enterprise Road, together with the
abutting west half of the McMullen Booth Road right-of-way; and Pass Ordinance 8789-16
on first reading. (ANX2015-09024)
This voluntary annexation petition involves one parcel of land totaling 4.522
acres. The parcel is currently vacant and is located on the west side of
McMullen Booth Road approximately 1,054 feet south of East Enterprise Road.
The applicant is requesting annexation in order to receive solid waste and
water service from the City, and will be connected to city sewer once the
property is developed. The property is contiguous to existing city boundaries
along the south and west. The Development Review Committee is proposing
that 0.573-acres of abutting McMullen Booth Road right-of-way also be
annexed.
The applicant has also submitted applications to annex a 2-acre parcel
adjacent to the north (ANX2015-09025), to change the property's Future Land
Use Map designation of Residential Low (RL) to Institutional (1)
(LUP2015-09003) and to rezone the property to the Institutional (1) District (City
of Clearwater) (REZ2015-09002) upon annexation into the City of Clearwater.
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
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Development Code Section 4-604.E as follows:
• Collection of solid waste, sanitary sewer, and water service will be
provided to the property by the City. 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 the property by Station
50 located at 2681 Countryside Boulevard. The City has adequate
capacity to serve the property with water, sanitary sewer, solid waste,
police, fire and EMS service. The proposed annexation will not have an
adverse effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives of the Clearwater Comprehensive Plan:
Objective A.6.4 Due to the built-out character of the City of
Clearwater, compact urban development within the urban
service area shall be promoted 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 property proposed for annexation is contiguous to existing City
boundaries along the south and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Applicant Representative Todd Pressman reviewed the request. The
proposed project will not impact traffic and will provide a transition from
the more intensive uses.
Vice Mayor Polglaze moved to Approve the annexation of an
unaddressed parcel located on the west side of McMullen Booth
Road approximately 1,054 feet south of East Enterprise Road,
together with the abutting west half of the McMullen Booth Road
right-of-way. The motion was duly seconded and carried
unanimously.
Ordinance 8789-16 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 8789-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
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Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.5 Approve the annexation of 2425 McMullen Booth Road, together with the abutting west half
of the McMullen Booth Road right-of-way; and pass Ordinance 8790-16 on first reading.
(ANX2015-09025)
This voluntary annexation petition involves one parcel of land totaling 2 acres.
The parcel is currently occupied by a single family home and is located on the
west side of McMullen Booth Road approximately 836 feet south of East
Enterprise Road. The applicant is requesting annexation in order to receive
solid waste and water service from the City, and will be connected to city sewer
when the property is redeveloped. The property is contiguous to existing city
boundaries along the south and west (see companion case ANX2015-09024).
The Development Review Committee is proposing that 0.496-acres of abutting
McMullen Booth Road right-of-way also be annexed.
The applicant has also submitted applications to change the property's Future
Land Use Map designation of Residential Low (RL) to Institutional (1)
(LUP2015-09003) and to rezone the property to the Institutional (1) District (City
of Clearwater) (REZ2015-09002) upon annexation into the City of Clearwater.
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:
• Collection of solid waste, sanitary sewer, and water service will be
provided to the property by the City. 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 the property by Station
50 located at 2681 Countryside Boulevard. The City has adequate
capacity to serve the property with water, 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
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single-family residential properties upon request.
• The property proposed for annexation is contiguous to existing City
boundaries along the south and west; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
In response to a question, Planning and Development Director Michael Delk
said the space between the subject parcel and the "L"shape parcel is over
200 ft.
Councilmember Jonson moved to approve the annexation of 2425
McMullen Booth Road, together with the abutting west half of the
McMullen Booth Road right-of-way. The motion was duly seconded
and carried unanimously.
Ordinance 8790-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8790-16 on
first reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.6 Approve a Future Land Use Map Amendment from the Residential Low (RL) category
to the Institutional (1) category for 2425 McMullen Booth Road and an unaddressed
parcel on McMullen Booth Road; and pass Ordinance 8791-16 on first reading.
(LUP2015-09003)
This Future Land Use Map amendment involves two parcels of land totaling
6.522 acres located on the west side of McMullen Booth Road approximately
836 feet south of East Enterprise Road. One parcel is currently occupied by a
single family residence, and the other parcel is currently vacant. The applicants
are requesting to amend the properties' Future Land Use Map category of
Residential Low (RL) to the Institutional (1) category, indicating the intention to
redevelop the site as an assisted living facility; however, no plans have been
submitted at this time. The applicants have submitted three additional
applications being processed concurrently with this case:
1. A Petition for Annexation for the 4.522-acre property (vacant)
(ANX2015-09024);
2. A Petition for Annexation for the 2-acre property (existing single-family
residence) (ANX2015-09025); and
3. A Zoning Atlas amendment to rezone the two parcels (6.522 acres)
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from the A-E Agricultural Estate Residential District (Pinellas County) to
the Institutional (1) Zoning District (REZ2015-09002) upon annexation.
The proposed Institutional (1) category would permit development at a density
of 12.5 dwelling units per acre, or a FAR of 0.65. However, the City's
Community Development Code limits development within the Institutional (1)
District to nonresidential or residential equivalent uses. The Institutional (1)
future land use category requested is consistent with the surrounding future
land use categories that exist in the vicinity of the subject property. McMullen
Booth Road is designated a Scenic/Non-Commercial Corridor, and there is an
existing pattern of institutional and residential uses along the corridor,
consistent with this designation. The proposed Institutional (1) future land use
category will allow the site to develop with a more intense use while providing a
transition from the residential properties to the south and west to the
commercial properties to the north of the subject site at the Enterprise Road
intersection.
The Planning and Development Department determined that the proposed
Future Land Use Map amendment is consistent with the provisions of
Clearwater Community Development Code as specified below:
• The proposed amendment is consistent with the Comprehensive Plan
and the Countywide Plan Rules.
• 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 November
17, 2015 public hearing and recommended approval with a vote of 6-1.
Councilmember Jonson questioned if he had a voting conflict since his
daughter lives in the abutting subdivision. The City Attorney confirmed that
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Councilmember Jonson did not have a voting conflict.
In response to a questions, Planning Manager Lauren Matzke said there is no
direct conflict with commercial development to the north. To the south of Drew
Street there is a church complex and a future land use designation of
Institutional in that area. Staff looked at Institutional characteristics along
Union Street and its compatibility to properties designated residential urban,
which is one of the lower intensity residential districts. Ms. Matzke said a
majority of McMullen Booth Road, north of SR 580, is Institutional, the
countywide rules considers Institutional to be consistent with the Scenic
Non-Commercial Corridor designation. There is no other Institutional in the
area between Sunset Point Rd. and Enterprise Rd., except for the stubout on
Union St. The property to the west of the subject parcel is Residential Low and
the subdivision to the south is Residential Urban. Ms. Matzke said during the
land use map amendment, staff discusses the density and intensity of the
uses. Staff sometimes evaluates the changes in the land use since the future
land use map has been in place. Council would decide if the proposed
amendment is an appropriate land use in this area.
Applicant Todd Pressman reviewed the request. Developer Claire Clemens
said she met with the neighboring property owners to discuss the 12
ft.-landscaping perimeter.
The City Attorney said the item before Council is to determine if the property
should be designated an Institutional land use.
Seven individuals spoke in opposition with concerns expressed regarding
impact of vehicular traffic and proposed building heights.
Ms. Clemens showed how the proposed building plan will integrate with the
existing oak trees. She intends to save as many trees as possible. She
conducted a traffic count at Regency Oaks, a 386-unit independent living
facility, yesterday (4:24 p.m. — 5:24 p.m.) and observed 85 vehicles
entering/exiting the facility. The projected traffic during peak times for the
proposed project is 52. Ms. Clemens said Harborside Church is designated
Institutional and surrounded by residential homes.
Applicant consultant Steve Allison said infill development is never easy, which
is what the Applicant is proposing. Great neighborhoods are not homogenous,
they contain different land uses. The policies in the City's comprehensive plan
clearly support diversity in the housing stock. The proposed project is
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City Council Meeting Minutes December 17, 2015
ultimately residential use that protects the scenic non-commercial corridor
status.
In response to questions, Ms. Matzke said prior to being reviewed by CDB, the
application is reviewed by the Development Review Committee, which is
comprised of several city department representatives, such as Engineering,
Fire, Police, and Emergency Management. The Committee provided no
substantive comments or issues. The height maximum for single family homes
in the LMDR district is 30 ft. The setback for detached dwellings single family
homes is less than the required setback for Institutional uses. The minimum
standard/building permit rear setback is 10 ft.; the minimum rear setback for
Institutional uses is 20 ft. The side setbacks in the residential district is 5 ft.; the
side setbacks in Institutional is 10 ft. The front setbacks in both districts are 25
feet. The maximum height allowed in Institutional category is 50 ft.
The City Attorney said the property is currently zoned Agricultural Estate
Residential per the County. Council will consider the zoning category later in
this meeting. Council will not be approving the site plan.
In response to questions, Ms. Matzke said most of the concerns raised with
the project relate to the allowable uses under Institutional, such as halfway or
residential shelters, which are not minimum standard uses and require
additional scrutiny. Traffic Operations Manager Paul Bertels said a hotel
generates 4 trips per unit, single family homes generate 9.5 trips per unit. Mr.
Delk said it is not unusual to find walls between single family subdivisions.
There are several residential subdivisions along McMullen Booth Road that
have walls along the property perimeter or entrance gates. Subdivision walls
and fences are allowed in the Master Plan. The Scenic Non-commercial
Corridor designation is afforded through the countywide rules. The intent of
the designation is to preserve the residential characteristics of the corridor and
limit the commercial establishments to specific nodes. Mr. Bertels said the
only access point to the subject property is via McMullen Booth Road. There
will not be a connection to Barton Lane. McMullen Booth Road was widened
into its current configuration with a northbound left-turn lane into the subject
parcel, it was anticipated something would be developed at the site. Pinellas
County may require a lengthening of the left-turn lane. There is a fully
operational median opening in front of the property. Ms. Matzke said if Council
denies the request, the Developer can build a home with a maximum height of
30 ft. with a rear setback of 10 ft.
The City Attorney said if Council denies the request, Item 9.3 will not be heard
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since the rezoning request would no longer be appropriate.
A concern was expressed that if the change in land use is approved and the
proposed project does not proceed, the City may be faced with another project
based on the new land use. A concern was expressed regarding the
expectations of the neighboring residential subdivisions.
Councilmember Hock-DiPolito moved to Approve a Future Land
Use Map Amendment from the Residential Low (RL) category to the
Institutional (1) category for 2425 McMullen Booth Road and an
unaddressed parcel on McMullen Booth Road. Motion was duly
seconded and upon the vote being taken:
Ayes: 2 - Councilmember Hock-DiPolito and Councilmember Hamilton
Nays: 3 - Mayor Cretekos, Councilmember Jonson and Vice Mayor Polglaze
Motion failed.
Ms. Matzke said staff will return to Council with the appropriate ordinance to
continue the land use designation, Residential Low, on the City's map and the
compatible zoning designated.
8.7 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 1237 Union Street; and pass Ordinances 8793-16, 8794-16 and 8795-16
on first reading. (ANX2015-10026)
This voluntary annexation petition involves a single parcel of land totaling 0.141
acres. The parcel is occupied by a single-family dwelling and is located on the
south side of Union Street approximately 485 feet east of Douglas Avenue.
The applicant is requesting annexation in order to receive solid waste service
from the City, and has been connected to city sewer as part of the recently
completed Idlewild/The Mall Septic-to-Sewer Project. The property is
contiguous to existing city limits 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 the 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
has paid the sewer impact fee in full, and has been connected to the
sewer system. The property is located within Police District II and
service will be administered through the district headquarters located at
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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. 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 property is the Low Medium Density
Residential (LMDR). The use of the subject property 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 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.
The Council recessed from 8:15 p.m. to 8:22 p.m.
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 1237 Union Street. The motion was duly
seconded and carried unanimously.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Ordinance 8793-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8793-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8794-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8794-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8795-16 was presented and read by title only. Vice Mayor
Polglaze moved to pass Ordinance 8795-16 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.8 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 1460 and 1467 Grove Circle Court; and pass Ordinances 8796-16, 8797-16
and 8798-16 on first reading. (ANX2015-10027)
This voluntary annexation petition involves two parcels of land totaling 0.485
acres. The parcels are occupied by single-family dwellings and are located
generally south of Sunset Point Road, west of North Highland Avenue, east of
Kings Highway, and north of Palmetto Street. The applicants are requesting
annexation in order to receive solid waste service from the City, and will be
connected to city sewer as part of the Grove Circle Court Sewer Expansion
Project. 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 Low (RL) and the 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
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City of Clearwater
City Council Meeting Minutes December 17, 2015
of solid waste will be provided to the properties by the City. The
applicants will connect to the City's sanitary sewer service when it is
available, and are aware of the sewer impact fee that must be paid in
full in order to connect, as well as 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 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 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 Low (RL) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
The Residential Low (RL) designation primarily permits residential uses
at a density of 5 units per acre. The proposed zoning district to be
assigned to the properties is the Low Medium Density Residential
(LMDR). The use of the subject properties are consistent with the uses
allowed in the Low Medium Density Residential (LMDR) 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
limits along at least one property boundary; therefore, the annexations
are consistent with Florida Statutes Chapter 171.044.
Councilmember Hamilton 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 1460 and 1467 Grove Circle Court. The motion
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City of Clearwater
City Council Meeting Minutes December 17, 2015
was duly seconded and carried unanimously.
Ordinance 8796-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8796-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8797-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8797-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8798-16 was presented and read by title only. Vice Mayor
Polglaze moved to pass Ordinance 8796-16 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.9 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 1764 El Trinidad Drive East; and pass Ordinances 8799-16, 8800-16 and
8801-16 on first reading. (ANX2015-10028)
This voluntary annexation petition involves a single parcel of land totaling 0.185
acres. The parcel is occupied by a single-family dwelling and is located on the
west side of El Trinidad Drive East approximately 85 feet south of North
Terrace Drive. The applicant is requesting annexation in order to receive solid
waste and sanitary sewer service from the City. The property is contiguous to
existing city limits to the west, east, and north. It is proposed that the property
be assigned a Future Land Use Map designation of Residential Low (RL) and
the 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 County.
Collection of solid waste will be provided to the property by the City.
The applicant has paid the City's sewer impact and assessment fees
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City of Clearwater
City Council Meeting Minutes December 17, 2015
and is aware of the additional costs to extend City sewer service to this
property. The property is located within Police District III and service will
be administered through the district headquarters located at 2851
McMullen Booth Road. Fire and emergency medical services will be
provided to the property by Station 48 located at 1700 Belcher Road.
The City has adequate capacity to serve the property with sanitary
sewer, solid waste, police, fire and EMS service. Water service will
continue to be provided by the County. 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 the property.
The Residential Low (RL) 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). The use of the subject property 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 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
limits to the west, east, and north; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Hamilton moved to Approve the annexation, initial
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Future Land Use Map designation of Residential Low (RL) and
initial Zoning Atlas designation of Low Medium Density Residential
(LMDR) District for 1764 El Trinidad Drive East. The motion was
duly seconded and carried unanimously.
Ordinances 8799-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8799-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinances 8800-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8800-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinances 8801-16 was presented and read by title only. Vice Mayor
Polglaze moved to pass Ordinance 8801-16 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.10Approve 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 2139 and 2143 Bell Cheer Drive and 2140 Burnice Drive; and pass
Ordinances 8802-16, 8803-16 and 8804-16 on first reading. (ANX2015-10029)
This voluntary annexation petition involves three parcels of land totaling 0.71
acres. All parcels are occupied by single family dwellings. The three lots are
located south of Druid Road, east of South Hercules Avenue, west of South
Belcher Road and north of Lakeview Road. 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
Belcher Area Sanitary Sewer System Extension Project. The 2140 Burnice
Drive parcel is contiguous to existing city boundaries to the north, east and
south. The properties located at 2139 and 2143 Bell Cheer Drive are not
contiguous to existing City boundaries; however, they are in an enclave
surrounded by City property on all sides (Type A) and are eligible for
annexation pursuant to the Interlocal Service Boundary Agreement with
Pinellas County. It is proposed that the properties be assigned a Future Land
Use Map designation of Residential Low (RL) and a zoning category of Low
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City of Clearwater
City Council Meeting Minutes December 17, 2015
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 Pinellas County.
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. They are aware of the sewer impact fee that must be paid
in order to connect, as well as the financial incentives available. The
properties are located within Police District II 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 these properties with sanitary
sewer, solid waste, police, fire and EMS service. Water service will
continue to be provided by the County. 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 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 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 meet with 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 property proposed for annexation at 2140 Burnice Drive is
contiguous to City limits along at least one boundary; therefore, the
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City of Clearwater
City Council Meeting Minutes December 17, 2015
annexation is consistent with Florida Statutes Chapter 171.044. The
properties proposed for annexation located at 2139 and 2143 Bell
Cheer Drive are not contiguous to City boundaries but are located in a
Type A Enclave; therefore, the annexations are consistent with the
Interlocal Service Boundary Agreement authorized by Florida Statutes
Chapter 171.204.
Councilmember Hamilton 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 2139 and 2143 Bell Cheer Drive and 2140
Burnice Drive. The motion was duly seconded and carried
unanimously.
Ordinance 8802-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8802-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8803-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass Ordinance 8803-16 on
first reading. The motion was duly seconded and upon roll call, the
vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
Ordinance 8804-16 was presented and read by title only. Vice Mayor
Polglaze moved to pass Ordinance 8804-16 on first reading. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.11Approve the Termination of the Second Amended and Restated Development
Agreement between 25 Countryside West, LLC, (property owner) and the City of
Clearwater, as well the associated Termination and Release of Declaration of
Restrictive Covenants, adopt Resolution 15-24, and authorize the appropriate officials
to execute same.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
The property is subject to rezoning and land use plan amendment
(LUZ2004-08005) which was contingent upon approval of Development
Agreement DVA2004-00004. LUZ2004-08005 changed the zoning of the
property from Open Space/ Recreation (OS/R) to Medium Density Residential
(MDR) and land use from Residential/Open Space (R/OS) to Residential
Urban (RU). The zoning and land use allows for 7.5 dwelling units an acre and
as the subject property is 44.2 acres, 331 units are allowable. The
Development Agreement included restrictions to the development of the
property specifically allowing only 280 townhouse units. The Development
Agreement was amended twice through application DVA2004-00004A. The
Development Agreement is in effect until May 30, 2016.
Subject to the rezoning, land use and development agreement being approved,
Flexible Standard Development application FLS2005-08060 was approved on
February 21, 2006. However, this has since expired due to inactivity.
FLS2015-09020 has been submitted and reviewed by the Development Review
Committee (DRC) which proposes a 330-unit attached dwelling (apartment)
development which is 50 units more than the Development Agreement allows.
The applicant is requesting termination of the Development Agreement as
amended to allow for the additional 50 units, and the different style of
development.
Terms of the Development Agreement as amended:
• Restricts development of the property to 280 units
• Restricts height to a maximum of 35 feet (two stories)
• Restricts the units to be townhomes
• Requires development to be in substantial conformance with the concept
plan
• Requires specific landscape buffering and building setbacks
• Requires extension of the existing turn lane on Countryside Boulevard
• Requires extension of the existing turn lane on Enterprise Road
• Requires a utility easement to be granted to the City for constructed water
lines
• Prohibits vehicular access to Laurelwood Drive
• Requires a six-foot high buffering fence along the east property line
• Restricts egress from property onto Enterprise Road to a right out
movement
• Requires deed restrictions to be recorded for the property to generally
describe the development limitations of the Development Agreement
Revocation of a Development Agreement:
Pursuant to CDC Section 4-606.J., a Development Agreement may be revoked
in the event the City Council finds, on the basis of substantial competent
evidence, that there has been a failure to comply with the terms of the
Development Agreement. There has been no activity on the site since May of
2006 (other than the proposed FLS2005-09020), and the aforementioned term
of the Development Agreement that has occurred is the recording of the deed
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City of Clearwater
City Council Meeting Minutes December 17, 2015
restrictions.
The Community Development Board reviewed the request at its public hearing
on November 17, 2015, and unanimously recommended approval of the request.
Applicant Representative Katie Cole reviewed the request. The original
development agreement was entered into contemplation of the sale of the
property to a residential builder and the sale was never consummated.
Two individuals spoke in opposition.
Ms. Cole said the applicant has submitted a site plan for a Level 1 minimum
standard site plan request and is pending staff review. The site plan positions
all proposed buildings to the south. The closest building will be 49 ft. from the
property line to the north. There will be landscaping in the buffer area. Ms.
Cole there will be no parking spaces between the existing residential homes
and the proposed buildings. The parking areas will along the right-of-way
areas. Consultant Cyndi Tarapani said there will be only one building, the
condominiums, that will be 49 ft. The closest building-to-building setback will
be approximately 75 feet. The 15 proposed buildings range from 90- 140 ft.
from the common property line. Prior to the Development Review Committee
meeting, the applicant held a neighborhood meeting. A third driveway on
Enterprise Road was added to disperse the vehicular traffic. The
townhome/villa section will be located in the northern third of the site. The
proposed apartment building will be 49 feet from the adjacent condominiums
and expected to rent for$1,100 to $2,100 a month. The apartment building will
be compromised of primarily 1 and 2 bedroom upscale apartments.
In response to questions, Planning and Development Director Michael Delk
said city code requires 2 parking spaces per unit. Ms. Tarapani said the
proposed project will have more parking spaces than required by code, as
some of the buildings incorporate an enclosed garage. There will be
approximately 860 parking spaces.
Councilmember Hock-DiPolito moved to Approve the request to
terminate the Development Agreement between 25 Countryside
West, LLC, (property owner), and the City of Clearwater along with
the associated Declaration of Restrictive Covenants. The motion
was duly seconded and carried unanimously.
Resolution 15-24 was presented and read by title only. Councilmember
Hock-DiPolito moved to adopt Resolution 15-24. The motion was duly
seconded and upon roll call, the vote was:
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
8.12Approve amendments to the Clearwater Community Development Code regarding the
establishment of funeral homes as a use; medical clinics in various districts; retail
plazas in the Commercial District; microbreweries in the Downtown District; resort
attached dwellings and non-residential off-street parking in the Tourist District;
eliminating inconsistencies and errors in the Institutional District; modifying the
requirements for outdoor cafes; clarifying the responsibility of the Development
Review Committee; providing for and modifying various definitions; and pass
Ordinance 8810-16 on first reading. (TA2015-08005)
The proposed amendment contains numerous revisions to the Community
Development Code. The most substantial topics are those concerning funeral
homes, medical clinics, resort attached dwellings and outdoor cafes.
Funeral homes:
The proposed amendment removes funeral homes from the definition of retail
sales and services and establishes it as its own use within the Commercial (C),
Office (0) and Institutional (1) Districts (the districts where funeral homes are
presently established). The establishment of funeral homes as its own
standalone use is related to the criteria that currently apply to it as a "retail" use
precluding it from truly being an allowable use in the I District. The criteria limit
the use to "goods and services directly related to the physical health and
well-being of persons or animals" and being accessory to a use "otherwise
permitted and the retail sales and service use [occupying] no more than ten
percent of the gross floor area of the building." Rather than amending the
criteria and potentially impacting numerous retail uses, staff proposes to
establish the funeral homes use separately and provide appropriate criteria for
that use.
Medical clinics:
The proposed amendment does not introduce the medical clinic use to any
districts that it is not already permissible within, but instead facilitates the
easier establishment of the medical clinic use within those districts. Medical
clinics will become a Minimum Standard Development use in the C, O and I
Districts, and additional flexibility will be provided in the C, O and I Districts as
Flexible Standard Development (FLS) uses. In addition to the above, medical
clinics will be added to footnote #1 in Table 2-702 for consistency with the
Countywide Plan Rules. This footnote requires that medical clinics shall not
exceed ten acres without a land use map amendment to Institutional.
Resort attached dwellings:
The proposed amendment adds an additional criterion pertaining to height for
the resort attached dwellings use in the T District. The criterion clarifies that the
height for the use shall not exceed the height specified for residential uses
based upon the Beach by Design character district in which the use is to be
located. Additionally, the amendment will modify the definition of resort
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City of Clearwater
City Council Meeting Minutes December 17, 2015
attached dwellings to further clarify that the use is a variation on the attached
dwelling use.
Outdoor cafes:
The proposed amendment makes several changes to those provisions
governing outdoor cafes. First, the uses which may establish an outdoor cafe
are expanded to include bars, brewpubs, indoor recreation/entertainment,
microbreweries, and nightclubs. Second, the location and design requirements
will be modified to provide greater clarity and to ensure efficiencies in
pedestrian movement. Included among these efficiencies is language that the
Community Development Coordinator may require a wider pedestrian path
than otherwise required, and/or that the pedestrian path be delineated through
the use of self-supporting fencing, landscape planters, or other such devices
and methods as presented to and approved by the city. Additionally, the
amendment eliminates the mandatory requirement that outdoor cafe areas be
delineated - this will now be optional.
In addition to the above, staff is also proposing the following:
• Adding microbreweries as a permissible use in the Downtown (D) District;
• Deleting non-residential off-street parking as a permissible use in the
Tourist (T) District;
• Modifying the development standards and flexibility criteria in the
Institutional (1) District to eliminate inconsistencies and errors;
• Adding a footnote to the Minimum Standard Development table in the
Commercial (C) District regarding restaurants in retail plazas;
• Correcting a statement of applicability in both the landscaping and parking
standards;
• Clarifying an exception for the provision of off-street loading facilities in the
Tourist (T) District;
• Clarifying the responsibility of the Development Review Committee (DRC);
and,
• Defining or modifying the existing definition of the following terms: beer
garden, brewpubs, funeral homes, light assembly, manufacturing, medical
clinic, microbreweries, print shops, research and technology, resort
attached dwellings, retail sales and services, and vehicle service.
The Planning and Development Department has determined that the proposed
text amendment to the Community Development Code is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The CDB
reviewed the proposed text amendment at its meeting of November 17, 2015,
and unanimously recommended approval of the amendment.
Councilmember Jonson moved to Approve amendments to the
Clearwater Community Development Code regarding the
establishment of funeral homes as a use; medical clinics in various
districts; retail plazas in the Commercial District; microbreweries in
the Downtown District; resort attached dwellings and
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City of Clearwater
City Council Meeting Minutes December 17, 2015
non-residential off-street parking in the Tourist District; eliminating
inconsistencies and errors in the Institutional District; modifying
the requirements for outdoor cafes; clarifying the responsibility of
the Development Review Committee; providing for and modifying
various definitions.The motion was duly seconded and carried
unanimously.
Ordinance 8810-16 was presented and read by title only.
Councilmember Hock-DiPolito moved to pass ordinance 8810-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9. Quasi-Judicial Public Hearings
9.1 Approve a Zoning Atlas Amendment from the Low Medium Density Residential
(LMDR) District to the Office (0) District for property located at 2727 Daniel Street;
and pass Ordinance 8787-16 on first reading. (REZ2015-08001)
This Zoning Atlas Amendment application involves a 0.209 acre parcel located
on the southeast corner of Daniel Street and Charles Avenue, approximately
415 feet west of McMullen Booth Road. The parcel is currently occupied by a
vacant single family residence. The request is to amend the parcel's Zoning
Atlas designation from the Low Medium Density Residential (LMDR) District to
the Office (0) District, proposing to redevelop the site as an office. The
applicant has also submitted two additional applications being processed
concurrently with this case:
1. A Future Land Use Map amendment from the Residential Urban (RU)
category to the Residential/Office General (R/OG) category (LUP2015-
08002); and
2. A Flexible Development Application to redevelop the site as an office
building (FLD2015-08032) which was approved by the Community
Development Board November 17, 2015.
The proposed Office (0) District will allow the site to be redeveloped as
proposed with an office building and is consistent with the surrounding zoning
districts that exist in the vicinity of the subject property. This area is
transitioning from single family residential to office uses, and the proposed
Office (0) District will allow the site to redevelop as an office, which is in
character with the office properties to the north, east and west of the subject
site.
The Planning and Development Department has determined that the proposed
Zoning Atlas amendment is consistent with the Community Development Code
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City of Clearwater
City Council Meeting Minutes December 17, 2015
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 Office (0) District 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 Office (0) 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 November
17, 2015 public hearing and unanimously recommended approval.
Councilmember Hamilton moved to Approve a Zoning Atlas
Amendment from the Low Medium Density Residential (LMDR)
District to the Office (0) District for property located at 2727 Daniel
Street. The motion was duly seconded and carried unanimously.
Ordinance 8787-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8787-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 5 - Mayor Cretekos, Councilmember Hock-DiPolito, Councilmember
Jonson, Councilmember Hamilton and Vice Mayor Polglaze
9.2 Approve a Zoning Atlas Amendment from the Tourist (T) District to the Commercial
(C) District for property located at 26508 US Highway 19 North, and pass Ordinance
8788-16 on first reading. (REZ2015-09003)
This Zoning Atlas Amendment application involves a 3.35 acre parcel at 26508
US Highway 19 North located on the southwest corner of US Highway 19 North
and Countryside Boulevard. The parcel is currently occupied by a vacant hotel
and a vacant restaurant. The applicant is requesting to amend the parcel's
Zoning Atlas designation from the Tourist (T) District to the Commercial (C)
District. Both the current Tourist (T) District and the proposed Commercial (C)
District are consistent with the underlying future land use map classification of
Resort Facilities High (RFH), so no future land use map amendment is
required.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
The owner of the parcel has proposed a retail plaza on the site, which has
been approved by the Development Review Committee (DRC) in May and
August of this year (cases FLS2015-04007 (Phase 1) and FLS2015-06012
(Phase 11), respectively). This property is within the proposed US 19 Corridor
Regional Center boundaries, as approved by City Council in June 2015
(Resolution 15-02), and subsequently amended. The applicant is aware of the
proposed map changes to the City's Future Land Use Map that are anticipated
to be brought forward to City Council for consideration in 2016, but indicates
that the proposed Commercial (C) District will provide more flexibility with
respect to permitted uses, in the interim.
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 Commercial (C) District 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 Commercial (C) 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 November
17, 2015 public hearing and unanimously recommended approval.
In response to questions, Planning Manager Lauren Matzke said adult
entertainment facilities are allowed along US Highway 19. Planning and
Development Director Michael Delk said there are separation requirements
from residential areas on adult entertainment but US Highway 19 is where
they are accommodated. There are some adult entertainment facilities north of
Gulf to Bay Boulevard. Ms. Matzke said a stand-alone convenience store,
without gas pumps, would be allowed as retail use in the Tourist district. A
convenience store with gas pumps is allowed through the Commercial zoning.
Mr. Delk said this is the City's primary activity center. With every zoning district
comes things that are desirable and undesirable. In the absence of a design
criteria to encourage what is desired and consistent with the strategic
economic development plan, staff cannot keep some of these proposals from
happening. Staff hopes the Applicant will propose something other than a
drive thru gas station at this site.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Applicant Representative Katie Cole reviewed the request. There is an
approved site plan for a retail sales and service center. The Applicant does not
know what they are going to do with the parcel but prefers the broader scope
allowed by the commercial zoning designation.
In response to questions, Mr. Delk said staff is finalizing the US 19 Plan. Ms.
Matzke said the final draft is being presented to the stakeholders in January
and staff will address any issues raised by the stakeholders. Mr. Delk said the
density and intensity in the corridor will increase dramatically. Anything will be
allowed to go in the commercial district. A form based approach to how things
fit where will be applied. He said the design criteria will be more defined. The
intent may be to discourage gas stations and convenience stores at key
locations but rather encourage more intense development in those areas at a
low threshold of approval. Commercial use is compatible in this area today.
Ms. Cole said the Applicant has tried to comply with the existing US 19 plan
from a design standpoint but is at a point where surety and clarity is needed.
The request is consistent with the Plan and the zoning code.
Discussion ensued with a concern expressed that a convenience store is not
the best and highest use for the site.
Councilmember Hamilton moved to Approve a Zoning Atlas
Amendment from the Tourist (T) District to the Commercial (C)
District for property located at 26508 US Highway 19 North. The
motion was duly seconded and upon the vote being taken:
Ayes:4 - Councilmember Hock-DiPolito, Councilmember Jonson,
Councilmember Hamilton and Vice Mayor Polglaze
Nays: 1 - Mayor Cretekos
Motion carried.
Ordinance 8788-16 was presented and read by title only.
Councilmember Jonson moved to pass Ordinance 8788-16 on first
reading. The motion was duly seconded and upon roll call, the vote
was:
Ayes: 4 - Councilmember Hock-DiPolito, Councilmember Jonson,
Councilmember Hamilton and Vice Mayor Polglaze
Nays: 1 - Mayor Cretekos
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City of Clearwater
City Council Meeting Minutes December 17, 2015
Motion carried.
9.3 Approve a Zoning Atlas Amendment from the A-E Agricultural Estate Residential
District (Pinellas County) to the Institutional (1) District (City) for 2425 McMullen Booth
Road and an unaddressed parcel on McMullen Booth Road; and pass Ordinance
8792-16 on first reading. (REZ2015-09002)
This Zoning Atlas amendment involves two parcels of land totaling 6.522 acres
located on the west side of McMullen Booth Road approximately 836 feet south
of East Enterprise Road. One parcel is currently occupied by a single family
residence, and the other parcel is currently vacant. The applicant is requesting
to rezone the properties from A-E Agricultural Estate Residential District
(Pinellas County) to the Institutional (1) District (City), indicating the intention to
redevelop the site as an assisted living facility; however, no plans have been
submitted at this time. The applicant has submitted three additional
applications being processed concurrently with this case:
1. A Petition for Annexation for the 4.522-acre property not currently within
the City (vacant) (ANX2015-09024);
2. A Petition for Annexation for the 2-acre property not currently within the
City (existing single-family residence) (ANX2015-09025); and
3. A Future Land Use Map amendment from the Residential Low (RL)
category (Pinellas County) to the Institutional (1) category (LUP2015-
09003) for both parcels (6.522 acres) upon annexation.
The proposed Institutional (1) District will allow the site to be redeveloped with
institutional uses, including an assisted living facility. The Institutional (1)
zoning district is consistent with the surrounding zoning districts that exist in
the vicinity of the subject property. There is an existing pattern of residential
and institutional uses along McMullen Booth Road. As such, the proposed
amendment will allow development that is in character with the surrounding
properties and neighborhood.
The Planning and Development Department determined that the proposed
Zoning Atlas amendment is consistent with the Clearwater 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 Institutional (1) District are compatible with the
surrounding area.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
• 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 Institutional (1) District boundary is appropriately drawn in
regard to location and classification of streets, ownership lines, existing
improvements, and the natural environment.
The Community Development Board reviewed this application at its November
17, 2015 public hearing and recommended approval with a vote of 6-1.
Item pulled. See Item 8.6.
10. City Manager Reports
10.1Approve a contract (purchase order) to Wannemacher Jensen Architects, Inc. (WJA),
St. Petersburg, FL in the amount of$315,596 for additional architectural services
required to design and construct the Morningside Recreation Center, 2400 Harn Blvd.
and authorize the appropriate officials to execute same.
On August 6, 2015, the City Council approved allocating an additional
$2,580,000 from undesignated Penny III projects to Capital Project 315-93251
(Morningside Recreation Center), in fiscal year 2016/17, for the construction of
a new 22,000 sq. ft. recreation center at Morningside Recreation Complex.
Council approved moving forward with the design schedule of the Center in
Fiscal Year 2015/16 from current project funds ($2,890,000) so that
construction can begin in Fiscal Year 2016/17. Total estimated cost of the
project is $5,470,000.
Staff recommended the construction of a recreation center similar in size to the
Ross Norton Recreation and Countryside Recreation Centers. The facility
would consist of gymnasium, multipurpose rooms, fitness room, classroom,
restrooms and lobby.
WJA is one of the City's Architects of Record and has successfully partnered
with the City in designing and constructing several projects including the North
Greenwood Recreation and Aquatics Center, Long Center Renovations, Aging
Well Center at the Long Center and the Training Facility at Carpenter
Complex.
WJA has extensive knowledge and experience in design and construction of
recreation facilities and staff has had good working relationships with WJA in
the past by bringing projects in on time and within budgets.
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City of Clearwater
City Council Meeting Minutes December 17, 2015
The scope of services included in this contract include design development,
construction documents, permit assistance, bid assistance and construction
administration.
A separate Purchase Order was issued in November to WJA for$39,264 to
provide schematic design and master planning in order to start the community
engagement process with the design committee.
A design committee made up of city staff and citizens will work with WJA to
design a facility that will meet the needs of the community.
Fees for this contract are within the State of Florida's Department of
Management Service (DMS) fee guidelines.
This item supports the City Strategic Direction and priorities for quality by
providing new infrastructure for the citizens of Clearwater
APPROPRIATION CODE AND AMOUNT:
Funds are available in Capital Improvement Project 315-93251 Morningside
Recreation Center to fund the contract.
In response to a question, Assistant City Manager Jill Silverboard said it would
cost an additional $500,000 to attain LEED certification. Staff did not seek
cost estimates to attain Florida Green Building Standard certification or
Energy Star certification. Greenprint was suggestive and optional with
alternatives that provide more green building results without the LEED
certification. The City Manager said Greenprint was presented as
aspirational, not literal.
A concern was expressed that the City should lead by example and implement
Greenprint procedures.
Ms. Silverboard said staff can find out the cost to pursue the other two
alternatives.
In response to questions, Fire Division Chief Ehlers said he spoke to a county
representative regarding shelter criteria. The recreation center property is in
a category E evacuation zone. The property borders C & D zones as well and
is in a vulnerable area. Buildings used as shelters need to meet Red Cross
guidelines. Fewer shelters are built for a higher category storm. Ms.
Silverboard said the recreation center will be required to be built at least one
foot above base flood elevation.
Councilmember Hamilton moved to Approve a contract (purchase
order) to Wannemacher Jensen Architects, Inc. (WJA), St.
Petersburg, FL in the amount of $315,596 for additional
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City of Clearwater
City Council Meeting Minutes December 17, 2015
architectural services required to design and construct the
Morningside Recreation Center, 2400 Harn Blvd. and authorize the
appropriate officials to execute same. The motion was
duly seconded and upon the vote being taken:
Ayes: 3 - Mayor Cretekos, Councilmember Hamilton and Vice Mayor Polglaze
Nays: 2 - Councilmember Hock-DiPolito and Councilmember Jonson
Motion carried.
10.2Review request submitted by Ruth Eckerd Hall, Inc. for the suspension of Reserve
Fund payments required by the Capitol Theatre Operating Agreement until 2020 and
provide direction.
Ruth Eckerd Hall, Inc. has submitted a formal request to suspend payments to
the Reserve Fund until 2020.
The Capitol Theatre Operating Agreement required a Reserve Fund to be used
to the meet the costs of operation and maintenance of, and to pay for city
approved capital improvements to the Capitol Theatre to the extent there are
insufficient gross revenues generated at the Capitol Theatre. This is to be
established through deposits made by Ruth Eckerd Hall, Inc (REH). The initial
Operating Agreement required $3,000,000. This amount was reduced to
$2,750,000 when the Fifth Amendment to the Operating Agreement was
approved in December, 2014. To date, the City has received $1,250,000. The
next installment payment of$500,000 to the Reserve Fund is due on
December 17, 2015.
Councilmember Hamilton moved to Review request submitted by
Ruth Eckerd Hall, Inc. for the suspension of Reserve Fund
payments required by the Capitol Theatre Operating Agreement
until 2020 and provide direction. The motion was duly seconded
and carried unanimously.
11. City Attorney Reports
12. Closing comments by Councilmembers (limited to 3 minutes)
happy holidays
13. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events and wished all a safe
Page 35
City of Clearwater
City Council
14. Adjourn
Attest
Meeting Minutes December 17, 2015
and Happy Holidays.
The meeting adjourned at 10:02 p.m.
C. A
City Clerk
City of Clearwater
Cke0!Lcncre kes
Mayor
City of Clearwater
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