10/18/2018 City Council Meeting Minutes October 18, 2018
City of Clearwater
City Hall
112 S. Osceola Avenue
Clearwater, FL 33756
ap
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Meeting Minutes
Thursday, October 18, 2018
5:00 PM
Council Chambers
City Council
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City of Clearwater
City Council Meeting Minutes October 18, 2018
Roll Call
Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Caudell,
Councilmember Hoyt Hamilton, Councilmember Bob Cundiff and
Councilmember David Allbritton
Also Present: William B. Horne 11 — City Manager, Micah Maxwell —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 5:00 p.m. at City Hall.
2. Invocation — Rev. Dr. Paul Means from Northwood Presbyterian Church
3. Pledge of Allegiance — Vice Mayor Caudell
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 Infant Safe Sleep Awareness Month Proclamation, October 2018 — Judith Warren,
Juvenile Welfare Board COO
4.2 Florida City Government Week Proclamation October 22-28, 2018 — Rosemarie Call, City
Clerk
5. Approval of Minutes
5.1 Approve the October 4, 2018 City Council Meeting Minutes as submitted in written
summation by the City Clerk.
Vice Mayor Caudell moved to approve the October 4, 2018 City
Council Meeting Minutes as submitted in written summation by
the City Clerk. The motion was duly seconded and carried
unanimously.
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City Council Meeting Minutes October 18, 2018
6. Citizens to be heard re items not on the agenda — None.
7. Consent Agenda — Approved as submitted.
7.1 Approve a grant of$75,000 in General Fund Reserves to be set aside as a commitment
for the local government contribution required for applicants to participate in the State of
Florida's Low Income Housing Tax Credit Program (LIHTC) for a proposed 72-unit
affordable housing development project, identified as Chestnut Trail, by SP Pinellas II
LLC and authorize the appropriate officials to execute same. (consent)
7.2 Approve settlement of workers' compensation claims 15-000167,17-000133 and
17-000148 for payment of$82,500 inclusive of attorney fees and costs for Ronald
Neuberger with a general release of all claims and authorize the appropriate officials to
execute same. (consent)
7.3 Approve a proposal by Construction Manager at Risk Keystone Excavators, Inc. of
Oldsmar, Florida in the amount of$421,014 for site improvements at Countryside Sports
Complex located at 3060 McMullen Booth Road and authorize the appropriate officials to
execute same. (consent)
7.4 Award a construction contract to Odyssey Manufacturing Co. of Tampa, FL in the amount
of$629,200.00 for the Marshall Street and NE WRF Alum Feed System Improvements
Project (16-0012-UT); approve Supplemental One work order to Engineer of Record
(EOR) Metzger and Willard, Inc. in the amount of$79,950 and authorize the appropriate
officials to execute same. (consent)
7.5 Approve the Modification Z0229-1 and Z0229 to the Federally-Funded Subaward and
Grant Agreement for public assistance support for Hurricane Irma expenditures and grant
authority to the City Manager or designee to enter into, approve and execute same and
future modifications for Hurricane Irma expenditures. (consent)
7.6 Approve contracts (blanket purchase orders) for Baker and Taylor and Ingram Services
for the acquisition of library books and materials for the contract period of October 1
2018 through September 30, 2019 and authorize the appropriate officials to execute
same. (consent)
7.7 Approve an increase to Purchase Order No. 18001102 with Ultimate CNG, LLC in the
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City Council Meeting Minutes October 18, 2018
amount of$74,100 to provide mobile compressed natural gas services at the Clearwater
natural gas filling station and authorize the appropriate officials to execute same.
(consent)
7.8 Approve a Contract (Purchase Order) renewal to Communications International of Vero
Beach, FL, in the amount of$129,384.00 for the maintenance and repair of the city-wide
two-way radio communication system and equipment in accordance with Sec. 2.564(1)
(b), Code of Ordinances - Sole Source and authorize the appropriate officials to execute
same. (consent)
7.9 Approve the purchase of HVAC replacement and repair parts, for an annual not to
exceed amount of$300,000 for Fiscal Year 2018/19, to vendors as listed, in accordance
with City Code of Ordinances Section 2.564(1)(d) Other Government Entities Bids, to
include other sourced vendors as required, and authorize the appropriate officials to
execute same. (consent)
7.10Approve the purchase of various electrical equipment and repair parts from Graybar
Electric Co. Inc, not to exceed $250,000 annually, in accordance with Sec. 2.564(1)(d),
Code of Ordinances - Other governmental contracts and authorize the appropriate
officials to execute same. (consent)
7.11Award a contract (purchase order) to Tampa Bay Trane, in the amount of$380,096 to
replace chiller at Main Library, per proposal JAY-092118-01, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other governmental contracts and authorize the
appropriate officials to execute same. (consent)
7.12Request for authority to settle the case of Precon Corporation v. Westfield Insurance
Company, et al., Case No. 17-002462 for $143,678.53. (consent)
Councilmember Cundiff moved to approve the Consent Agenda
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
The Council recessed from 5:54 p.m. to 6:00 p.m. (Vice Mayor Caudell did
not return to Chambers).
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City Council Meeting Minutes October 18, 2018
Public Hearings - Not before 6:00 PM
8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3108 Johns Parkway, together with abutting right-of-way of Johns Parkway;
and pass Ordinances 9183-18, 9184-18, and 9185-18 on first reading.
(ANX2018-07011)
This voluntary annexation petition involves a 0.193-acre property consisting of
one parcel of land occupied by a single family dwelling. The parcel is located on
the north side of Johns Parkway approximately 180 feet east of North McMullen
Booth Road. The property is located within an enclave and is contiguous to
existing city boundaries to the north and south. The Development Review
Committee is proposing that the 0.005 acres of abutting Johns Parkway not
currently within city limits also be annexed. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) and be
assigned a Zoning Atlas designation of Low Medium Density Residential
(LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent Johns Parkway
right-of-way. The applicant is aware of the required sanitary sewer
impact and assessment fees that must be paid in full prior to connecting
to the City's sanitary sewer system and of the additional costs to extend
City sewer service to the property. Collection of solid waste 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 this property by Station
49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, police, fire and EMS
service. The property will continue to receive water service from Pinellas
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
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City Council Meeting Minutes October 18, 2018
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 to
be assigned to the property is consistent with the current Countywide
Plan designation of the property. This designation primarily permits
residential uses at a density of 7.5 units per acre. The proposed zoning
district to be assigned to the property is the Low Medium Density
Residential (LMDR) District. The use of the subject property is
consistent with the uses allowed in the District and the property exceeds
the District's minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing City
boundaries to the north and south; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Cundiff 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 3108 Johns Parkway, together
with abutting right-of-way of Johns Parkway. The motion was
duly seconded and carried unanimously.
Vice Mayor Caudell entered Chambers at 6:02 p.m.
Ordinance 9183-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9183-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9184-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9184-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
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City Council Meeting Minutes October 18, 2018
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9185-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9185-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.2 Approve the annexation, initial Future Land Use Map designation of Residential Low (RL)
and Drainage Feature Overlay and initial Zoning Atlas designation of Low Medium
Density Residential (LMDR) District for 2780 North Terrace Drive and pass Ordinances
9196-18, 9197-18 and 9198-18 on first reading. (ANX2018-07013)
This voluntary annexation petition involves 0.247 acres of property consisting of
one parcel of land occupied by a single-family dwelling. The parcel is located on
the northwest corner of North Terrace Drive and El Trinidad Drive East. The
applicant is requesting annexation in order to receive sanitary sewer and solid
waste service from the City. The property is located within an enclave and is
contiguous to existing city boundaries to the north, south and east. It is
proposed that the property be assigned Future Land Use Map designations of
Residential Low (RL) and Drainage Feature Overlay and be assigned a Zoning
Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from Pinellas County. The
closest sanitary sewer line is located in the adjacent North Terrace Drive
right-of-way. The applicant has paid the sewer impact and assessment
fees in full and is in the process of connecting to the sewer system.
Collection of solid waste 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 this property by Station 48 located at 1700 North Belcher
Road. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, police, fire and EMS service. The property
will continue to receive water service from Pinellas 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
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City Council Meeting Minutes October 18, 2018
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 to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The Drainage Feature Overlay recognizes
the drainage feature along the northern property boundary. The
proposed zoning district to be assigned to the property is Low Medium
Density Residential (LMDR). The use of the subject property is
consistent with the uses allowed in the District and the property exceeds
the District's minimum dimensional requirements. The proposed
annexation is therefore consistent with the Countywide Plan and the
City's Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries to the north, south and east; therefore, the annexation is
consistent with Florida Statutes Chapter 171.044.
Councilmember Cundiff moved to approve the annexation, initial
Future Land Use Map designation of Residential Low (RL) and
Drainage Feature Overlay and initial Zoning Atlas designation of
Low Medium Density Residential (LMDR) District for 2780 North
Terrace Drive. The motion was duly seconded and carried
unanimously.
Ordinance 9196-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9196-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9197-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9197-18 on
first reading. The motion was duly seconded and upon roll call,
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the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9198-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9198-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.3 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 600 Moss Avenue and pass Ordinances 9199-18, 9200-18 and 9201-18 on first
reading. (ANX2018-07014)
This voluntary annexation petition involves 0.224 acres of property consisting of
one parcel of land occupied by a single-family dwelling. The parcel is located on
the northwest corner of Moss Avenue and Merrill Avenue. The applicant is
requesting annexation in order to receive sanitary sewer service from the City
and will be connected to the city sanitary sewer as part of the Kapok Terrace
Sanitary Sewer Extension Project. The property is located within an enclave and
is contiguous to existing city limits to the west and to the east. It is proposed
that the property be assigned a Future Land Use Map designation of Residential
Low (RL) and be assigned a Zoning Atlas designation of Low Medium Density
Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Clearwater Community
Development Code Section 4-604.E as follows:
• The property currently receives water service from the City. Collection of
solid waste will be provided to the property by the City. The applicant has
paid the sewer impact fee in full, and is currently awaiting connection to
the sewer system. The property is located within Police District III and
service will be administered through the district headquarters located at
2851 N. McMullen Booth Road. Fire and emergency medical services
will be provided to this property by Station 49 located at 565 Sky Harbor
Drive. The City has adequate capacity to serve this property with
sanitary sewer, solid waste, water, 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
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City Council Meeting Minutes October 18, 2018
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 to
be assigned to the property is consistent with the Countywide Plan
designation. This designation primarily permits residential uses at a
density of 5 units per acre. The proposed zoning district to be assigned
to the property is Low Medium Density Residential (LMDR). The use of
the subject property is consistent with the uses allowed in the District
and the property exceeds the District's minimum dimensional
requirements. The proposed annexation is therefore consistent with the
Countywide Plan and the City's Comprehensive Plan and Community
Development Code; and
• The property proposed for annexation is contiguous to existing city limits
to the west and to the east; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Councilmember Cundiff 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 600 Moss Avenue. The motion
was duly seconded and carried unanimously.
Ordinance 9199-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9199-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
Ordinance 9200-18 was presented and read by title only.
Councilmember Allbritton moved to pass Ordinance 9200-18 on
first reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
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City Council Meeting Minutes October 18, 2018
Ordinance 9201-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9201-18 on first reading.
The motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.4 Terminate the Development Agreement between Decade Companies Income Properties
(the property owner) and the City of Clearwater, providing for the allocation of 72 units
from the Hotel Density Reserve under Beach by Design; adopt Resolution 18-05, and
authorize the appropriate officials to execute same. (DVA2009-00001A)
On October 6, 2009 a Development Agreement was made effective between
the property owner and the City of Clearwater which provided 72 units from the
Hotel Density Reserve (DVA2009-0000 1/Resolution 09-03).
Section 6.1.3.1 of the Development Agreement required the Property Owner to
develop the Property in substantial conformance with the conceptual site plan
attached to the Agreement.
Section 6.1.6 provides that all units in the hotel shall be made available to the
public as overnight transient hotel guests at all times through the required hotel
reservation system. Occupancy in the hotel is limited to a term of less than one
month or thirty-one consecutive days, whichever is less. Units in the hotel shall
not be used as a primary or permanent residence.
After receiving approval of DVA2009-00001 the applicant submitted the
associated site plan for approval as part of a Level II Flexible Development
application (FLD2009-03013). This application was approved by the
Community Development Board on May 19, 2009. Permits (BCP2011-02294
and BCP2011-02294A, et.al) for site and building construction were submitted
on February 18, 2011 and June 10, 2011, respectively. All permits have been
listed as completed and a Certificate of Occupancy was issued on November
15, 2012 effectively closing out the project.
The City has determined that the Property Owner has successfully met the
obligations of the Agreement and that the development of the Property is
consistent with conceptual site plans that were part that Agreement.
The applicant has submitted a request to terminate the Development
Agreement pursuant to Section 18 of the Agreement. This request was
reviewed by the Community Development Board on September 18, 2018 which
provided a unanimous recommendation of approval to the City Council.
Pursuant to Section 13 of the Agreement notices have been provided to:
Decade Companies Income Properties
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1355 Bishops Court
Ste 345
Brookfield, WI 53005
Joe Burdette
The Consus Group, LLC
PO Box 4268
Clearwater, FL 33758
Senior Planner Mark Parry said, since the work session, the Legal
Department added language clarifying that the applicant has met all of the
obligations outlined in the agreement and used all of the units allocated
from the hotel density reserve. The City Attorney said the additional
language was added to Exhibit B, the change did not impact the
resolution.
Councilmember Allbritton moved to terminate the Development
Agreement between Decade Companies Income Properties (the
property owner) and the City of Clearwater, providing for the
allocation of 72 units from the Hotel Density Reserve under
Beach by Design. The motion was duly seconded and carried
unanimously.
Resolution 18-05 was presented and read by title only.
Councilmember Hamilton moved to adopt Resolution 18-05. The
motion was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
8.5 Deny amendments to the Clearwater Community Development Code to expand the
allowance of self-storage warehouses as a flexible standard use, along with use specific
standards and minimum off-street parking requirements, in the Regional Center
Subdistrict of the US 19 Zoning District where it is currently permitted in the Corridor
Subdistrict and do not pass Ordinance 9161-18 on first reading. (TA2018-06003)
Pursuant to Community Development Code Section 4-601.B, amendments to
the Code may be initiated by the City Council, the Community Development
Coordinator or by any person in conjunction with an application for a
development approval. Savelle Clearwater Countryside, LLC, owner of property
located at 26489 US Highway 19, submitted an application for a text
amendment to allow self-storage warehouses in the Regional Center
Subdistrict of the US 19 Zoning District, along with the required development
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application, as the owner has a pending purchase agreement with Broome
Capital, a real estate investment and development company that pursues infill
self-storage development opportunities. The original proposed text amendment
was presented to the Community Development Board at its August 21, 2018
meeting. Prior to the Board making a recommendation, the applicant requested
a continuance in order to revise the ordinance to address the Board's concerns.
The applicant submitted a revised text amendment for consideration by the
Community Development Board at its September 18, 2018 meeting at which
time the Board unanimously recommended denial.
At present, self-storage warehouses are allowed as a flexible standard use in
the Corridor Subdistrict of the US 19 zoning district. Proposed Ordinance
9161-18 would expand the allowance of this use by also permitting it in the
Regional Center Subdistrict as a flexible standard use and would establish the
following use specific and parking standards.
• Allow use along Street Frontage Type C
• Require 100% of ground floor frontage and 20% of the total ground floor
area to be occupied by retail, restaurant, and/or office uses not
associated with the self-storage warehouse use
• Require access to all storage units from the building interior
• Prohibit outdoor storage
• Require one parking space/150 storage units (Corridor Subdistrict
standard was one space/20 units +2 spaces for manager's office)
The US 19 Regional Center subdistrict is the most intensive subdistrict in the
District and was created to support mixed-use development with an emphasis
on employment-intensive and transit supportive uses. Warehouses were
deliberately excluded because they do not meet those goals as they do not
generate activity and result in dead spaces; they provide for low-average wages
and have extremely limited employment generation. Because there is a
recognized community desire for self-storage, the US 19 District provided a
place for it in the Corridor Subdistrict. This subdistrict is more suited for the use
due to the locational characteristics of the subdistrict and the fact the planned
level of pedestrian activity and compact development is significantly less than in
the Regional Centers.
The proposed text amendment to the Community Development Code is
inconsistent with goals and objectives of Clearwater Greenprint, Clearwater
Economic Development Strategic Plan, US 19 Corridor Redevelopment Plan
and the Clearwater Comprehensive Plan and is inconsistent with the purposes
of the Community Development Code therefore the Planning and Development
Department recommends denial. The Community Development Board, after
conducting public hearings on August 21 and September 18, 2018, unanimously
recommended denial of this proposed text amendment.
Planning and Development Director Michael Delk provided a PowerPoint
presentation.
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Pinellas County Economic Development Director Mike Meidel said the
County has been dealing with the public storage in the unincorporated
area. There is approximately 430 acres along US 19 already approved
for public storage. He said there is so much cash generated by this
industry that they can afford the best retail corners in the county and
reason why they are requesting land use changes. Storage units are built
on the fact that individuals are always moving, whether downsizing or
upgrading housing. Half of the units are rented for less than a year. The
demand in Florida is approximately 12 to 15 sq.ft. per person,
compared to 7 sq.ft. of public storage per person nationwide. Mr. Meidel
said there is currently 5.4 million sq. ft. of public storage in Pinellas
County. The average rent nationwide is $97 per unit, in Pinellas County it
is $150 - $200 per unit. He said these businesses typically hire 3 to 4
employees, who are paid low wages. Out of state investors benefit from
the monies collected through these units. He said the economic benefit
for retail center, multi-family apartments, office or industrial space would
be greater for the City and region.
In response to questions, Economic Development and Housing
Assistant Director Chuck Lane said the economic fiscal impact was
based on the storage and retail use components. Planning and
Development Assistant Director Gina Clayton said the applicant is
proposing 1 parking space per 150 units, 12 parking spaces would be
required for the 3,200 sq. ft. of commercial space. She said there will be
17 parking spaces. Most individuals drive up to the self storage facilities,
unload and leave.
Applicant Representative Brian Aungst said the cited property has been
an economic dead zone for three years. Given its access and parking
limitations and limited frontage, it could be an economic dead zone for
the next 30 years, which is unreasonable amount of time to keep the
property owner off the market. He said the redevelopment of the property will
be consistent with the US 19 plan in terms of orientation, transit oriented
development, and pedestrian oriented development. He said the Applicant is
a local company. The self storage facility will be a high-quality product
with real windows. Mr. Aungst said that Community Development Board
supported the amendment if it was restricted to the subject property.
He said the proposed text amendment has been amended to address
most concerns raised by Council and staff. The proposed amendment
requires 100% of the US 19 frontage to be active non-self storage related
use (office, retail and restaurant) and limited C districts that do not have
any other frontage. In order to redevelop this property as an office at
88,000 sq. ft., 352 parking spaces will be needed. The idea that this
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City Council Meeting Minutes October 18, 2018
property could be redeveloped as office, retail or restaurant at 2.5 FAR,
with the required 352 parking spaces, is not realistic. He said the current
site plans depicts 18 parking spaces; if the item before Council passes,
the site plan will be amended to comply with the updated code. Mr.
Aungst said the proposed amendment would impact 2 sites, totaling 1.63
acres.
Ms. Clayton said the City of St. Petersburg recently amended their code
due to the onslaught of self storage in their activity centers and limit them
to 25% of floor area. Staff mapped a 3-mile radius and identified 19 self
storage facilities within the radius. The City of Tampa amended their
code to require in the Channelside District two uses, one of which has to be
residential and no more than 40% of the project can be occupied by the
self storage use. She said the item presented to Council depicts a self
storage facility that is the main use, other municipalities in the county are
trying to limit the impact of self storage facilities in their activity centers by
making them an accessory project.
Mr. Aungst said representatives from Centennial Bank has conveyed the
property was purchased in 2017 for$3.2 million and invested $200,000
for renovations and are not looking for additional space.
Councilmember Hamilton moved to approve amendments to the
Clearwater Community Development Code to expand the
allowance of self-storage warehouses as a flexible standard use,
along with use specific standards and minimum off-street parking
requirements, in the Regional Center Subdistrict of the US 19
Zoning District where it is currently permitted in the Corridor
Subdistrict. The motion was duly seconded.
Discussion ensued with support expressed for the Applicant's proposed
amendment. Concerns were expressed that the proposed amendment
does not provide enough parking, the economic impact will be far less
than other uses and that the US 19 Plan was recently amended and
needs an opportunity to work.
Upon the vote taken, the motion carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
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Nays: 2 - Mayor Cretekos and Councilmember Cundiff
Ordinance 9161-18 was presented and read by title only. Vice
Mayor Caudell moved to pass Ordinance 9161-18 on first reading.
The motion was duly seconded.
Councilmember Hamilton moved to amend Ordinance 9161-18 as
follows:
On page 3 of the ordinance, Section B-303.A. Table 2 is amended to read as follows to add
parcel size limitations to self-storage warehouses in the Regional Center Subdistricts:
Section B-303. - Permitted uses and parking.
A) Use and Parking Table
Permitted uses and approval levels by Subdistricts, along with parking requirements, are listed in
Table 2. Use and Parking. Active uses are required at identified key corners, as defined in Section
B-303.B.
* * * * * * * ** *
Table 2. Use and Parking
Minimum Off-
Use Regional ;Neighborhood ;Corridor Use Specific Standards Street Parking
Spaces
1. In the Corridor Subdistrict, Aaccess doors
to individual storage units are located within a
building or are screened from view from
adjacent property or public rights-of-way by
landscaped walls or fences located no closer
to the property lines of the parcel proposed 1/150 4/28 self-
for development than five feet. storage units.
2. Self-Storage maybe permitted in the fnr monorvor'c
Regional Center Subdistrict provided the
following is met: Such use shall only be 4/1,000 sf of non-
Self-storage located on parcels of .75 acres to .9 acres in
FLS X X FLS storage use as
warehouse size that existed on or before October 17 required for Self-
2015 with Street Frontage Type C that do onot storage
have any other Street Frontage Type; 100/o warehouse in the
of the ground floor frontage and a minimum of Regional Center.
20% of the total ground floor area shall
include fully-enclosed building space,
occupied by retail, restaurant, and/or office
uses not associated with the self-storage use;
access to all storage units shall be from the
building interior; and outdoor storage shall be
prohibited.
Footnotes:
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City Council Meeting Minutes October 18, 2018
1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas.
2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or
private school unless the intervening land uses, structures or context are such that the location of the use is unlikely to have an adverse impact on
such school or use as a place of worship.
Key:
BCP=Level 1 Minimum Standard(Building Construction Permit).
FLS=Level 1 Flexible Standard Development(Community Development Coordinator approval required).
FLD=Level 2 Flexible Development(Community Development Board approval required).
X=Not Allowed
The motion was duly seconded.
In response to questions, Mr. Delk said the applicant will have to achieve
site plan approval for the proposed project. Ms. Clayton said the
applicant would have to meet the parking requirement outlined in the
ordinance (1 parking space for every 150 storage units plus 4 parking
spaces for every 1,000 sq. ft. of commercial space). The City Attorney
said the motion to amend pertains to the size of the property.
Upon the vote being taken, the motion carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
Upon roll call, the motion to pass Ordinance 9161-18, as amended, on
first reading carried with the following vote:
Ayes: 3 - Vice Mayor Caudell, Councilmember Hamilton and Councilmember
Allbritton
Nays: 2 - Mayor Cretekos and Councilmember Cundiff
8.6 Approve amendments to the Clearwater Community Development Code repealing and
replacing Chapter 51 Flood Damage Prevention and amending Chapter 47 Buildings
and Building Regulations to adopt new floodplain management regulations utilizing the
Florida Department of Emergency Management's (FDEM) model ordinance and pass
Ordinance 9189-18 on first reading. (TA2018-07004)
Proposed Ordinance 9189-18 represents the first significant update to the City
of Clearwater's floodplain management regulations since they were adopted in
1980. The City manages and regulates activities and development in its
floodplains through provisions in Community Development Code Chapter 51.
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City Council Meeting Minutes October 18, 2018
Flood Damage Prevention, and to a lesser degree in Chapter 47. Buildings and
Building Regulations. Since then, a few minor amendments have been made,
but most of the regulations remain unchanged.
The primary reason for updating the floodplain management regulations is to
ensure that the City's regulations comply with and are consistent with the
Florida Building Code (FBC). The Florida Department of Emergency
Management (FDEM) developed a model ordinance approved by The Federal
Emergency Management Agency (FEMA) which incorporates the updated FBC
requirements that became effective with the 2010 edition and satisfies the
requirements of the National Flood Insurance Program. Proposed Ordinance
9189-18 also addresses city-specific needs by including additional
requirements for the purposes of participating in the Community Rating System
(CRS) and to gain points and reduce flood insurance rates.
Chapter 51. Flood Damage Prevention
The new Chapter 51 is organized into three Articles, as summarized below:
Article I. Administration:
• Includes general provisions such as scope and intent of the
Floodplain Management Ordinance and a disclaimer of liability;
• Establishes that the chapter applies to flood hazard areas, and
details the duties and powers of the Floodplain Administrator, which
is the Community Development Coordinator;
• Requires permits for any development activity within the scope of the
Ordinance;
• Sets forth exemptions, application procedures, site plan
requirements, rules for inspections, and the process for variances;
and
• Establishes what constitutes a violation.
Article II. Definitions:
• Includes the definitions for terms that specifically apply to this
Ordinance, adding numerous new definitions to the Ordinance,
deleting certain terms no longer applicable or referenced within, and
making some substantial modifications to terms in the section.
Article III. Flood Resistant Development:
• Establishes the requirements for flood resistant development
including limitations on development specifically in floodways,
isolated wetlands and preservation areas, as well as where
compensatory excavation is required for development outside of
floodways;
• Includes additional requirements for buildings, structures and
facilities that would otherwise be exempt from the FBC;
• Sets forth requirements for subdivisions, site improvements and
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City of Clearwater
City Council Meeting Minutes October 18, 2018
utilities, manufactured homes, recreational vehicles and park trailers,
the placement of underground and above-ground tanks, and
hazardous materials; and
• Includes general requirements for other development including
fences, retaining walls, sidewalks, roads and watercourse
crossings, parking pads, enclosed floors landings, decks and similar
nonstructural uses, nonstructural fill, in both regulatory floodways
and coastal high hazard areas.
Chapter 47 Buildings and Building Regulations
Proposed changes to Chapter 47 include certain amendments to existing
language as well as the addition of a new section as follows:
• Updates language to bring consistency between this chapter and the
proposed changes to Chapter 51, specifically regarding minimum
floor elevations as well as adoption and enforcement;
• Adds a new section containing administrative and technical
amendments to the FBC addressing multiple disciplines (e.g.,
Residential, Existing Building, and Building) to be consistent with the
amendments of Chapter 51, including requiring declaration of land
restriction (nonconversion agreement) for residential (one- and
two-family) buildings; revisions to substantial improvement definition
to incorporate when the one-year period begins, bringing
consistency throughout City codes; removing exception in ASCE 24
by disallowing stem walls in Coastal A Zone; amending elevation
requirements to require elevation to or above the base flood elevation
plus two feet, where one foot was previously required; and requiring
open foundations in the Coastal A zone.
Higher CRS-Related Standards
As mentioned previously, Proposed Ordinance 9189-18 includes certain "higher
standards", which are not required but if adopted, they would make the City
eligible for additional CRS points. The proposed increase to the design flood
elevation (often referred to as freeboard) was discussed with City Council at its
November 13, 2017 Work Session, while the standard regarding the Coastal A
Zone is newly proposed for City Council consideration.
FEMA recently released updated preliminary Flood Insurance Rate Maps
(FIRMs) for Pinellas County, which are anticipated to be effective sometime in
2019. The preliminary FIRMs identify the Coastal A Zone, which is an area
where waves can reach between 1.5 and 3 feet in height (the V Zone includes
areas where waves are 3+feet in height). FEMA uses a line called the Limit of
Moderate Wave Action (LiMWA) to identify these Coastal A Zones [see first
FEMA Fact Sheet (Coastal Flood Risk Information and the Limit of Moderate
Wave Action)]. Coastal A Zones have not previously been depicted on the
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City of Clearwater
City Council Meeting Minutes October 18, 2018
FIRMs for this region.
Specifically, Ordinance 9189-18 proposes to apply the same limitations
applicable to the V Zone to the Coastal A Zone, which is a recommended best
practice, including the prohibition of floodproofing as an option for commercial
structures. FEMA has found that wave heights as small as 1.5 feet can cause
significant damage to coastal structures not built to withstand these hazards,
and although it does not impose requirements based on the LiMWA line, FEMA
encourages building to V Zone standards within the Coastal A Zone. This would
yield the greatest number of CRS points to the community, but there are other
options that would also qualify for a lower number of CRS points which City
Council could consider. These are summarized in the second FEMA Fact
Sheet (Using the Limit of Moderate Wave Action (LiMWA) to Build Safer and
Stronger Coastal Communities).
The Coastal Construction Code for Pinellas County already establishes "Zone
2" which is the area extending 300 feet landward of the coastal construction
control line. The FBC establishes higher standards for construction within this
Zone, such as requiring pilings and break-away walls, similar to the
requirements for construction within the V Zone; however, there may be
opportunities for floodproofing within Zone 2 which is prohibited in the V Zone.
While there is likely significant overlap between the Zone 2 and portions of the
new Coastal A Zone area on the beach, there are also portions of the beach
outside of Zone 2 and the mainland waterfronts that will have the Coastal A
Zone applied. Staff will provide maps of FEMA's preliminary Coastal A Zone to
City Council at Work Session.
The Planning & Development Department has determined that the proposed
text amendments to the Community Development Code are consistent with and
further the goals, objectives and policies of the Comprehensive Plan and the
Community Development Code as outlined in the staff report. The Community
Development Board (CDB) unanimously approved the proposed amendments
at its regularly scheduled meeting on September 18, 2018.
Planning Manager Lauren Matzke provided a PowerPoint presentation.
In response to a question, Environmental Specialist Sarah Kessler said
collapsible walls are still allowed.
Councilmember Cundiff moved to approve amendments to the
Clearwater Community Development Code repealing and
replacing Chapter 51 Flood Damage Prevention and amending
Chapter 47 Buildings and Building Regulations to adopt new
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City of Clearwater
City Council Meeting Minutes October 18, 2018
floodplain management regulations utilizing the Florida
Department of Emergency Management's (FDEM) model
ordinance. The motion was duly seconded and carried
unanimously.
Ordinance 9189-18 was presented and read by title only.
Councilmember Hamilton moved to pass Ordinance 9189-18 on
first reading. The motion was duly seconded.
Councilmember Allbritton moved to amend Ordinance 9189-18 as
follows:
On page 24 of the ordinance, Sec. 51.1502 is amended to read as follows to add
references to Coastal A Zones:
Sec. 51.1502. Above-around tanks, not elevated. Above-around tanks that do not meet the
elevation requirements of Section 51.1503 shall:
M Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas and
Coastal ZnP. ided the tank-, are anrhnrpd nr ntherwlse designed and
constructed to prevent flotation, collapse or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood, including the
effects of buoyancy assuming the tank is empty and the effects of flood-borne debris.
Not be permitted in coastal high hazard areas (Zone V) and QQastal A Zones.
On page 27 of the ordinance, Sec. 47.005 is amended to read as follows to delete certain
language, thereby establishing minimum floor elevation of one foot where applicable
through this provision:
Sec. 47.005. - Minimum floor elevation.
(1) The minimum floor elevation for new buildings or additions to existing buildings shall be:
(a) One foot above the crown of the pavement abutting the building site for love-s+
fl,,,,r, any ci ch for all fleers-buildings and structures not Ee,odered the lowest
floor as by ccGtien 51 03 City Code of Ofdinane —SUbLect to the
requirements of Chapter 51 Community Development Code or the Florida Building
Code; or
(b) Set by the city engineer for new developments or unusual building sites if the elevation
exceeds the requirements of the Florida Building Code.- r
(c)Set by the flood ins uranno rate mane
The motion was duly seconded and carried unanimously.
Upon roll call, the motion to pass Ordinance 9189-18, as amended, on
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City of Clearwater
City Council Meeting Minutes October 18, 2018
first reading carried with the following vote:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9176-18 on second reading, amending the future land use plan element
of the Comprehensive Plan of the city to change the land use for certain real properties
whose post office addresses are 1434 and 1446 North Martin Luther King Jr. Avenue,
Clearwater, Florida 33756, from Commercial General (CG) to Residential Medium (RM).
Ordinance 9176-18 was presented and read by title only. Vice
Mayor Caudell moved to adopt Ordinance 9176-18 on second and
final reading. The motion was duly seconded and upon roll call,
the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.2 Adopt Ordinance 9177-18 on second reading, amending the Zoning Atlas of the city by
rezoning certain real properties whose post office addresses are 1434 and 1446 North
Martin Luther King Jr. Avenue, Clearwater, Florida 33756, from Commercial (C) to
Medium Density Residential (MDR).
Ordinance 9177-18 was presented and read by title only.
Councilmember Cundiff moved to adopt Ordinance 9177-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.3 Adopt Ordinance 9202-18 on second reading, amending Ordinance 9130-18 which
vacated public right-of-way of Damascus Road and vacating an ingress and egress
easement.
Ordinance 9202-18 was presented and read by title only.
Councilmember Hamilton moved to adopt Ordinance 9202-18 on
second and final reading. The motion was duly seconded and
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City of Clearwater
City Council Meeting Minutes October 18, 2018
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
9.4 Adopt Ordinance 9203-18 on second reading, amending Ordinance 3547-84, which
vacated the west four feet of Garden Avenue right-of-way abutting Court Square
Subdivision, to correct the legal description to clarify that the ordinance only vacated the
west four feet of Garden Avenue right-of-way abutting only Lots 35 through 39 of Court
Square Subdivision.
Ordinance 9203-18 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9203-18 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Cretekos, Vice Mayor Caudell, Councilmember Hamilton,
Councilmember Cundiff and Councilmember Allbritton
10. City Manager Reports
10.1 Ratify and Confirm Change Order Four to Rowland, Inc. of Pinellas Park in the amount of
$412,083.39 for emergency sewer repair associated with the forcemain break on Gulf
Boulevard as part of the 2013-14 Sanitary Sewer and Manhole Rehabilitation Project
(14-0025-UT) and authorize the appropriate officials to execute same. (consent)
February 5, 2015, City Council awarded a two-year contract, with an option
to renew for a two-year term, to Rowland, Inc. for Sanitary Sewer and
Manhole Emergency Repairs based on unit prices. The original contract
included $900,000 for emergency repair of the sewer collection system,
and $100,000 for emergency repair related to the three Water Reclamation
Facilities (WRFs).
November 3, 2016, the City Council approved Change Order One to add
$750,000 for emergency repair at the WRFs.
January 19, 2017, the City Council Ratified and Confirmed Change Order
Two for the emergency repair to a 16-in. forcemain break on Gulf
Boulevard in the Sand Key area in the amount of$339,757.89.
June 29, 2018, the City Manager approved Administrative Change Order
Three, in the amount of$175,000, for point repairs while waiting for the
new Emergency Contract to become effective (the new Emergency
Contract was approved by City Council on September 6, 2018).
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July 31, 2018, staff reported water coming up at the Sand Key bridge
northeast abutment, which the City suspected was a forcemain leaking up
through the road surface near the bridge. Emergency status was
approved by the City Manager to have Rowland complete the repair.
Change Order Four is for the emergency repair of the forcemain near
Sand Key Bridge for a revised contract total of$2,676,841.28.
Rowland, Inc. has performed excellent work for the City and agreed to hold
their competitive unit pricing to continue their work with the City.
APPROPRIATION CODE AND AMOUNT:
3277327-563800-96665 $412,083.39
A first quarter budget amendment will transfer$3,000,000 of Utility Renewal and
Replacement funding from 96664, WPC Repair and Replacement, to 96665,
Sanitary Sewer Repair and Replacement.
Councilmember Hamilton moved to ratify and confirm Change
Order Four to Rowland, Inc. of Pinellas Park in the amount of
$412,083.39 for emergency sewer repair associated with the
forcemain break on Gulf Boulevard as part of the 2013-14
Sanitary Sewer and Manhole Rehabilitation Project (14-0025-UT)
and authorize the appropriate officials to execute same. The
motion was duly seconded and carried unanimously.
10.2Nagano 2019 Trip Dates
The City Manager said Item 10.2 is being continued to the next meeting.
11. City Attorney Reports — None.
12. Other Council Action
12.1 City Attorney Evaluation
AND
12.2City Manager Evaluation
Councilmembers provided their evaluations of the City Attorney and City
Manager.
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City of Clearwater
City Council Meeting Minutes October 18, 2018
Manager.
13. Closing comments by Councilmembers (limited to 3 minutes) — None.
14. Closing Comments by Mayor
Mayor Cretekos reviewed recent and upcoming events.
15. Adjourn
The meeting adjourned at 7:31 p.m.
—6(.eofttr\crt\ttos
Mayor
Attest City of Clearwater
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City of Clearwater