City Council Meeting Minutes June 4, Draft. City of Clearwater. City Hall 112 S. Osceola Avenue Clearwater, FL

Transcription

1 City Hall 112 S. Osceola Avenue Clearwater, FL Meeting Minutes Wednesday, June 4, :00 PM Council Chambers City Council Page 1

2 Present: 5 - Mayor George N. Cretekos, Vice Mayor Doreen Hock-DiPolito, Councilmember Bill Jonson, Councilmember Hoyt Hamilton and Councilmember Jay E. Polglaze Also present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, Nicole Sprague - Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order - Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Steve Kreloff, Lakeside Community Chapel 3. Pledge of Allegiance - Vice Mayor Hock-DiPolito 4. Presentations - Given. 4.1 World Refugee Day Proclamation, June 12, Amira Salama, Exec. Dir. Coptic Orthodox Charities, Inc. 4.2 National Homeownership Month Proclamation, June Terry Malcolm Smith and Jerry Spilatro 4.3 Code Enforcement Officers' Appreciation Week Proclamation, June 2-6, 2014, Clearwater Code Enforcement Officers 4.4 Immigration Heritage Month Proclamation, June Citizens to be heard re items not on the agenda Robert Formeister requested the City to notify citizens when stormwater outfall cleaning and inspections would occur and requested consideration to establish a city veteran liaison to help local veterans with benefit entitlements. It was stated that Pinellas County has established a position to assist local veterans. Page 2

3 Corina Morrison said the Martin Luther King, Jr. Neighborhood Center Coalition received the Presidential Volunteer Service Award for 2013 for their efforts in helping to reopen their neighborhood center. She invited all to attend the Center's Farmer's Market on Saturdays and meetings each Tuesday evening. Public Hearings - Not before 6:00 PM 6. Administrative Public Hearings 6.1 Provide direction on the proposed Development Agreement between Mainstream Partners VIII, LTD. (the property owner) and the, providing for the allocation of 96 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 19, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA ) Site Location and Existing Conditions: The acre site is bound by Coronado Drive (west), Hamden Drive (east) and 5th Street (south). The subject property is comprised of five parcels with a frontage of approximately 180 feet along Coronado Drive and Hamden Drive. The site is currently vacant. The subject property is zoned Tourist (T) District with an underlying Future Land Use Plan (FLUP) category of Resort Facilities High (RFH). The subject property is also located within the Small Motel District of Beach by Design. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The property directly north of this property is developed with an overnight accommodation use. The City s Beach Walk project, to the west, has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Development Proposal: The owners have demolished all existing structures on the site and propose to utilize the otherwise permitted density of 50 units per acre or 48 units and incorporate an additional 96 units from the Hotel Density Reserve through Beach by Design resulting in a total of 144 units (150 units per acre). The building will be feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Vehicular access will be provided at three points; access into the parking garage will be provided with one two-way driveway each along Hamden Drive and 5th Street. The third access point is a service driveway at the northwest Page 3

4 corner of the site. The access point along 5th Street consists of two driveways with the eastern driveway providing an ingress/egress point for the parking garage and ingress to a short drop-off area at the hotel entry exiting back onto 5th Street. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 41,924 square feet in area and approximately 180 feet wide. The site is consistent with these Code provisions. Minimum Setbacks: The conceptual site plan depicts setbacks of 15 feet to building along the front (east and west) along Hamden Drive and Coronado Drive, respectively and 10 and 15 feet along the sides (north and south, respectively). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. The proposal provides for a building feet in height as measured from BFE where a height of up to 100 feet is permitted as prescribed by Beach by Design and as a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. This section also includes overall separation requirements for structures over 100 feet in height as two options: (1) no more than two structures which exceed 100 feet within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet. The proposal provides for a building which does not exceed 100 feet in height. The height of the proposed building is consistent with the guidelines of Beach by Design. Minimum Off-Street Parking: The 144-room overnight accommodation use requires a minimum of 173 off-street parking spaces. A parking garage located on the first four levels of the building will provide 173 spaces. This is consistent with the applicable Sections of the Community Development Code. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that foundation landscaping will be provided along all sides of the site. Since no perimeter landscape buffers are required in the Tourist (T) District, the Page 4

5 proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested (as necessary) as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of up to 96 units from the Hotel Density Reserve or a maximum density of 150 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section I., CDC, a Development Agreement may be Page 5

6 amended by mutual consent of the parties, provided the notice and public hearing requirements of Section are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The City Attorney said the Applicant has agreed to change language in the development agreement to include restrictions for amplified noise (11 and midnight). The corrected agreement will come before Council during the second public hearing. In response to questions, Planner Robert Tefft said the proposed project complies with Beach by Design's stepback provisions. Planning and Development Director Michael Delk said the project has not been fully vetted by the development review process. Applicant Representative Ed Hooper reviewed the request. In response to questions, Architect Istvan Peteranecz said the hotel is located on Coronado Drive and 5th Street, with entry to the hotel on 5th Street. The public area faces Coronado Drive and 5th Street. The accessory area on the ground level is intended to enliven the streetscape and will include some hotel functions, such as a gift shop and some of the lobby. The accessory area will also engage pedestrian traffic. Mr. Hooper said the hotel will consist of 48 units with an additional 96 units from the hotel density pool. The number of hotel units will be 144. The building will be ft. tall, from base flood elevation to the flat roof. The proposed project is a limited service hotel. Vice Mayor Hock-DiPolito moved to approve Item 6.1. The motion was duly seconded and carried unanimously. Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 6.2 Provide direction on the proposed Development Agreement between Decade Gulf Coast Hotel Partners, L.P. and J.K. Gulfview LLC. (the property owners) and the City of Clearwater, providing for the allocation of 30 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on June 19, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA ) Site Location and Existing Conditions: The 4.87-acre subject property is located on the south side of South Gulfview Page 6

7 Boulevard, between Hamden Drive and Bayway Boulevard with 467 feet of frontage along South Gulf Boulevard and 600 feet of frontage along the Clearwater Pass. The property spans two zoning districts including Tourist (T) and Open Space/Recreation (OS/R) and one Future Land Use Plan (FLUP) classification, Resort Facilities High (RFH). The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. The portion of the site within the T District is acres and landward of an existing seawall. The remainder of the site is submerged land and constitutes acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The property is not oriented due north/south and for the purposes of this agenda item the property line along South Gulfview Boulevard will be referred to as the north property line, the waterfront side as south and the other two sides as east and west. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses. The 440 and 450 West attached dwelling condominiums towers are located to the west of the subject property and are 157 feet in height (each tower). Shephard s is located to the east of the site. The City s Beach Walk project has been constructed transforming South Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. The property is used as a 189-unit overnight accommodation use and has a valid Business Tax Receipt (BTR ). The hotel units are located within two buildings ranging between seven and nine stories. These two buildings are located on the eastern two-thirds of the site. A 6,144 square-foot two story conference center is located at the southeast corner of the site. Parking is provided via a mix of surface parking and structured, under-building parking. A landscape buffer approximately three feet in width is provided along the north property line adjacent to South Gulfview Boulevard. A public access easement with sidewalk runs along the west side of the site. Access to the site is provided from South Gulfview Boulevard via three two-way driveways with one centrally located and one each at the northeast and northwest corners of the site. Site History: On January 18, 2005, the Community Development Board (CDB) approved Cases FLD /TDR for the Termination of Status of Nonconformity for density to allow the continuation of an existing 289-room/unit hotel (where 156 rooms/units were permitted at the time); site plan approval of a mixed use development, as a Comprehensive Infill Redevelopment Project and a Transfer of Development Rights for two dwelling units from 850 Bayway Boulevard. Page 7

8 Two minor amendments were approved by the Community Development Coordinator on December 28, 2005 and April 5, On May 15, 2007, the CDB approved Case FLD to permit the addition of a 6,144 square-foot conference center as an accessory use to an existing hotel as a Comprehensive Infill Redevelopment Project under the (then) provisions of Section C. All required time frames set for each of the above site plan approvals have been met and the approvals are considered vested. It is important to note that the Termination of Status of Nonconformity (TSN) request for density and the Transfer of Development Rights (TDR) run with the land irrespective of the status of any associated site plan approvals. It should also be noted that no residential units were ever physically established on the property. On January 21, 2014, the CDB approved Case FLD to permit a 314-room overnight accommodation use (including 189 existing units and 75 dwelling units converted to 125 overnight accommodation units previously approved and transferred under FLD and TDR ). The abovementioned application (FLD ) has not been vested as permits for site and/or building work have yet to be submitted. In addition, should this request for additional density from the Reserve be approved by the Council the site will need to be resubmitted to the CDB for approval due to the increase in density. In summary, the overall site plan for this site has been approved and substantially implemented through a series of Flexible Development requests over the last nine years. Development Proposal: The owners propose to utilize the otherwise permitted density of 314 units and incorporate an additional 30 units from the Hotel Density Reserve through Beach by Design resulting in a total of 344 units (88 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the acre portion within the T District. The current proposal is to maintain the approved site plan and elevations and, existing buildings. The additional density of 30 hotel units will be accommodated within the recently approved western building. The proposed building will be just less than 100 feet (from Base Flood Elevation) to flat roof with parking on the first five levels. Since no portion of the building exceeds 100 feet in height separation requirements from other buildings greater than 100 feet in height as otherwise required by Beach by Design do not apply. The materials and colors of the building will support its Mediterranean Revival architectural style. The building will be painted four earth tones ranging from brownish-gold to medium brown to shades of white. The building facades are broken up with a variety of offsets, windows, balconies and rooflines. The proposed hotel design is compatible with the surrounding uses and Page 8

9 complements the existing buildings on site. It will be located approximately 17 feet from the centrally-located building already on the site. All parking for the hotel guests and employees is provided within the first five floors of the building. Guest rooms begin on the third level. A total of 352 spaces are provided within the building. This differs slightly from the approved site plans which included 346 spaces. The architect was able to modify portions of the parking levels to gain an additional six spaces. An additional 61 spaces are provided elsewhere on the site either as surface parking or under existing buildings bringing the total number of provided spaces to 413 or 1.2 parking spaces per hotel room where 1.2 spaces is required. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: Pursuant to Table 2-803, CDC, the minimum required lot area for Overnight Accommodations is between 10,000 and 20,000 square feet. The subject property is 170,232 square feet in area landward of the seawall (zoned T District). Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site along South Gulfview Boulevard is 467 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-803, CDC, the minimum required front setbacks for Overnight Accommodations can range between zero and 15 feet, minimum side setback between zero and 10 feet and minimum rear setback between zero and 20 feet. In addition, Section 3-903, CDC, provides that parking lots shall be set back from front property lines a distance of 15 feet, and shall be set back from all other property lines a distance that is consistent with the required perimeter landscape buffer width. However, for properties within the T District, the setback for parking lots shall be based a dimension consistent with the existing/proposed building setback, or at a dimension consistent with setbacks required or otherwise established by Beach by Design, whichever is less. Section F of the Design Guidelines within Beach by Design provides that all parking areas are to be separated from public rights-of-way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet and not more than 3.5 feet in height. Surface parking areas that are visible from public streets or other public places must be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent properties. The required setback to parking is therefore, three feet. The approved site plan includes a front (north) setback of 15 feet (to building), zero feet (to entry plaza paving) and three feet (to parking), a side (west) setback of 15 feet (to building) and zero feet (to existing public access sidewalk), a side (east) setback of 10 feet (to existing building) and zero feet (to existing parking and dumpster enclosure), a rear (south) setback of 106 feet (to building). The proposal met the setback requirements of Table 2-803, CDC, for Overnight Accommodations as well as the requirements of Section 3-903, CDC, and the applicable sections of Beach by Design. Page 9

10 Maximum Height: Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for building and portions of building which exceed 100 feet in height. Pursuant to Table 2-803, CDC, the maximum height for Overnight Accommodations is between 35 and 100 feet. As examined in detail, above, Beach by Design provides further clarification as to the circumstances under which height may be increased to 150 feet. The proposed building height of just less than 100 feet to the top of the roof deck (113 to mid-point of peaked roof screening for elevator and other mechanical equipment) is consistent with this CDC section and with the guidelines of Beach by Design. Minimum Off-street Parking: Pursuant to Table 2-803, CDC, the minimum off-street parking requirement for Overnight Accommodations is between one and 1.2 spaces per unit (between 344 and 413 spaces). A total of 413 (1.2 spaces per unit) are to be provided within the first five floors of the proposed building, under existing buildings and via surface parking spaces. The proposal is therefore consistent with the Code provisions of Article 2 Division 8 and Beach by Design and no flexibility from the Code is necessary. Landscaping: Pursuant to Section D., CDC, there are no perimeter buffers required in the T District for this site. This proposal meets the required minimum five-foot wide foundation planting along the north side of the building. The proposal also includes a perimeter landscape buffer approximately three to five feet in width along the north side of the site. The landscape design incorporates plant material that is native and/or naturalized and salt tolerant, while providing visual interest. It should be noted that the proposal is consistent with Section F of the Design Guidelines of Beach by Design which provides that surface parking be buffered with landscaping at least three feet in width and 3.5 feet in height. The CDC requires that at least 10 percent of the vehicular use area be dedicated to landscaped area where just over 10 percent is provided. Pursuant to Section B., CDC, up to 75 percent of required shade trees may be provided with palm trees where no shade trees are proposed. The proposal received relief from this requirement through the inclusion of a Comprehensive Landscape Program pursuant to Section G., CDC. Consistency with Beach by Design: Design Guidelines: A thorough review of the provided architectural elevations and massing study was conducted as part of the most recent Flexible Development review process and the proposed building was found by the CDB to be consistent with the applicable Design Guidelines established in Beach by Design. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Page 10

11 Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of 30 units from the Hotel Density Reserve or a maximum density of 88 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The City Attorney said the Applicant has agreed to modify the development agreement to include language related to amplified noise restrictions. In response to questions, Planner Robert Tefft said the proposed project will be a stand alone hotel. The proposed project will be on the same parcel of land. Planning and Development Director Michael Delk said the hotels on the parcel will share parking. All parking standard per hotel unit on Page 11

12 the parcel will be met. Applicant Representative Ed Hooper reviewed the request. The proposed project is located on the current Holiday Inn parking site. There is sufficient parking on site as the project will provide 1.2 parking spaces per unit. The originally proposed hotel suites used in the marketing study were larger and did not serve the Applicant's business plan. The Applicant is now proposing to make the hotel units smaller, creating thirty extra units. No changes have been made to the project's size. In response to questions, Mr. Hooper said the Applicant is responsible for addressing parking during construction via the permitting process. The tenant space on the ground floor will not exceed the allowable 15% accessory use. The tenant space will engage pedestrian activity. The project's maximum height will be just under 100 feet. The hotel's entrance is closer to the existing Holiday Inn. Two individuals expressed concerns with project's impact to beach access and proximity to seawall. One individual questioned the existing land use and hotel density pool. Mr. Hooper said the defined beach access by the project belongs to the City and is not part of the project. The Applicant is not interested in obtaining the defined beach access. Architect Istvan Peteranecz said the project will be from feet to the seawall. The rooftop activity area is located on the northeast corner of the building, which is the furthest point from the neighboring condominiums. Mr. Tefft said the base density for the site is 50 units to the acre. The site is 4.87 acres. The Applicant is requesting 344 units, thirty of which are being requested from the hotel density reserve. In response to a question, Applicant representative Brian Aungst, Jr. said the pool deck is located on the sixth floor and the activity center in on the ninth floor. Councilmember Polglaze moved to approve Item 6.2. The motion was duly seconded and carried unanimously. 6.3 Approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-11, and authorize the appropriate officials to execute same. (HDA ) Page 12

13 Development Proposal: Two changes have been made to the Development Proposal presented at the May 15, 2014 Council meeting; (1) Schedule C has been modified to match the Development Agreement clarifying that all the units proposed for the site are hotel units and that no unit will be residential and (2) language has been added to the Development Agreement addressing the use of amplified music. No other changes are proposed with regard to the Agreement, Conceptual Site Plan or Conceptual Elevations. The owners propose to utilize the otherwise permitted density of 50 units per acre or 80 units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 180 units (113 units per acre). The current proposal is to demolish all structures on the site and redevelop the site with a 180-unit overnight accommodation use (113 rooms per acre, including the allocation of 100 rooms from the Hotel Density Reserve). The building will be 140 feet (from Base Flood Elevation) to flat roof with parking on the first four levels. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Consistency with the Community Development Code (CDC): No changes have been made to the Conceptual Site Plan presented at the May 15, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the CDC with regard to: Minimum Lot Area and Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Landscaping Consistency with Beach by Design: No changes have been made to the Conceptual Site Plan presented at the May 15, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to: Design Guidelines Hotel Density Reserve Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the Page 13

14 criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: Provides for the allocation of up to 100 units from the Hotel Density Reserve or a maximum density of 113 units per acre; Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407; Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Changes to Development Agreements: Pursuant to Section I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. The Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design. In response to a question, Planner Robert Tefft said there are 248 units remaining in the hotel density reserve, provided all pending applications are approved. Councilmember Hamilton moved to approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Resolution was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Resolution The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 14

15 7. Second Readings - Public Hearing 7.1 Adopt Ordinance on second reading, annexing certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 7.2 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, upon annexation into the, as Residential Medium (RM). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 7.3 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain right-of-way located on Belcher Road, north of Sunset Point Road to Montclair Road, including all of the right-of-way within the intersection of North Belcher Road, Montclair Road, and Old Coachman Road, upon annexation into the City of Clearwater, as Medium High Density Residential (MHDR). Ordinance was presented and read by title only. Councilmember Hamilton moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze Page 15

16 7.4 Adopt Ordinance on second reading, annexing certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance was presented and read by title only. Councilmember Jonson moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 7.5 Adopt Ordinance on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, upon annexation into the, as Residential Urban (RU). Ordinance was presented and read by title only. Vice Mayor Hock-DiPolito moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze 7.6 Adopt Ordinance on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office addresses are 1278 Palm Street and 2017 North Betty Lane, all in Clearwater, Florida, 33755, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Ordinance was presented and read by title only. Councilmember Polglaze moved to adopt Ordinance on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hock-DiPolito, Councilmember Jonson, Councilmember Hamilton and Councilmember Polglaze City Manager Reports Page 16

17 8. Consent Agenda Approved as submitted. 8.1 Approve a work order to Engineer of Record (EOR) McKim & Creed, Inc. in the amount of $102, to provide Construction Engineering and Inspection (CEI) services related to the East Water Reclamation Facility (WRF) Generator and Marshall St. WRF Lab Electrical Improvements Project ( UT); and authorize the appropriate officials to execute same. (consent) 8.2 Reappoint Peggy Cutkomp as the Real Estate Professional in connection with Affordable Housing and appoint Kristin Dailey as the Employer s Representative to the Neighborhood and Affordable Housing Advisory Board with terms to expire June 30, (consent) 8.3 Approve a supplemental work order to Engineer of Record (EOR) King Engineering Associates, Inc. in the amount of $79, for the East WRF Effluent Filters Rehabilitation ( UT) and authorize the appropriate officials to execute same. (consent) 8.4 Award a contract (purchase order) to Sage Eco Solutions, Inc. of Riverview, FL in the amount of $252,500 for the hauling of yard waste from the City s solid waste facility to the contractor s facility for the period June 5, 2014 through June 4, 2015 as provided in the City s Code of Ordinances, Section and authorize the appropriate officials to execute same. (consent) 8.5 Authorize the Agreement for Development and Purchase and Sale of Property between the Community Redevelopment Agency of the and Prospect Park Development, LLC for the limited purposes of conveyance of property, granting of easements required for construction of the project, and entry into a Park Access Agreement and authorize the appropriate officials to execute same. (consent) 8.6 Approve a Blanket Purchase Order to SNF Polydyne Inc., of Riceboro, GA, in the amount of $449,322.30, for Polymer Services for a one-year period, and authorize the appropriate officials to execute same. (consent) 8.7 Approve Concession Operations Agreement from July 1, 2014 through June 30, 2015 with Edward Bates, individually, d/b/a Kinney s Kitchen (Kinney's), to provide food concession services for programs and activities held at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) 8.8 Approve an Operational Support Agreement between the University of South Florida, Board of Trustees (USF) and the (City), to offer major college softball tournaments in Clearwater at the EC Moore Softball Complex and authorize the appropriate officials to execute same. (consent) Page 17

18 Councilmember Jonson moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 9. Other City Manager Items 9.1 Approve Purchase Contract between Paradise Group, LLC, of Safety Harbor, Florida and The, Florida Concerning the Design, Finance Construction, Ownership and Operation of a Parking Garage and Retail complex at the Rear of the Pelican Walk Retail Center on Poinsettia Street, authorize the appropriate officials to execute same, and direct staff to negotiate and prepare the necessary documents to implement the terms and conditions of the Purchase Contract. Beach by Design, the City Redevelopment Plan for Clearwater Beach, identified the parcel located behind the Pelican Walk Retail Center on Poinsettia Street as a strategic location for a public parking garage to facilitate achievement of the Plan intent to revitalize the Beach, and particularly the Marina District, by increasing visitor/beachgoer/employee parking in the Mandalay /Marina areas as well as freeing up the development potential of the small, waterfront parcels along East Shore through the ready availability of proximate off-street parking. Negotiations with owners of the subject parcel have occurred periodically since 2002, but, due to a variety of economic and business circumstances, failed to produce an agreement to allow construction of the garage. During this same period, however, the need for parking, from both visitor/beachgoer/employee and East Shore development potential standpoints, have continued to increase. The need for a parking structure has become evident, and the strategic location of the Pelican Walk parcel has taken on heightened significance. Councilmembers have throughout this period indicated to staff the perceived strategic importance of the garage/garage site and urged staff to bring forward for council consideration any viable deal structures that could result in construction of a public parking structure to address the above-stated needs/objectives. Recently, Paradise Group, LLC obtained a purchase option on the Pelican Walk Retail Center and Poinsettia Street lot and approached the City to discuss a structure to allow construction of the Beach by Design - recommended parking structure in conjunction with a repositioning of the Pelican Walk Retail Center. Their purchase option expires on June 15, 2014, necessitating an expeditious response by the parties. Page 18

19 Paradise Group, LLC and City staff met to discuss parameters of a deal structure to meet developer requirements to complete acquisition of the complex, as well as city financial, legal and policy constraints. A Term Sheet was agreed to which memorialized the results of those discussions. The Term Sheet was subsequently unanimously adopted by the City Council at their meeting and staff was directed to negotiate and prepare the necessary documents to implement the terms and conditions of the Term Sheet. The Purchase Contract is the first of the implementing documents. Under normal circumstances, the Purchase Contract would be presented to City Council for consideration with the Development Agreement, and subsequent to CDB (Community Development Board) approval of the Development Order and Development Agreement. However, since it has been impossible to schedule CDB approval, or to complete a Development Agreement prior to the approaching expiration date of the Purchaser s option, the Purchaser is seeking a modicum of security that the major component of the project, the City purchase of 450 space parking condominium at the negotiated price, has support of the City Council before his purchase option is exercised. Thus, the Purchase Contract attempts to afford the Paradise Group the next level of city commitment, while realizing that a schedule of subsequent and intermediate approvals will be required before the City is in a position to close the transaction in July The Purchase Contract thus includes more contingencies than would otherwise be expected. The key components of the Purchase Contract are consistent with the adopted Letter of Intent and include: Agreement to purchase a 450 parking space parking condominium in the to-be-constructed garage ; A per space purchase price of $25,144; City review and approval of garage plans and specifications, to assure achievement of compliance with Beach by Design and City garage standards and design; City $250,000 annual revenue backstop for the developer should gross revenues not achieve the hurdle amount of $1,250,000 on the 450 spaces, from opening of the garage until city acquisition of the condominium; City authorized to employ Owners Representative to oversee construction on City behalf; Closing on the city condominium deferred until after expiration of LOM Put agreement in The anticipated schedule of subsequent, required approvals/actions is as follows: Page 19

20 July, 2014 CDB Development Order and Development Agreement September, 2014 City Council Development Agreement July, 2016 City Closing (after expiration of LOM Put option) In addition, prior to closing, the parties will be executing a set of Condominium Documents defining the ownership and management structure of the project. The Letter of Intent specified that a financial feasibility study of the projected garage be undertaken, with the results acceptable to both parties. A copy of that Analysis has been provided to Council and Paradise Group. The required two appraisals of the city acquisition have been completed; Real Estate Coordinator Chuck Lane has provided the results. Funding for the transaction is anticipated to be the $9.3 million L.O.M. Put option reserve, anticipated to be available after June 30, 2016, combined with $2 million from the Parking Fund Since this is indeed an opportunity acquisition to fulfill a defined objective of the Beach By Design redevelopment strategy, staff believes it merits council consideration. Assistant City Manager Rod Irwin said the first 98 parking spaces are for retail short term parking for Pelican Walk Plaza, the top floor will have 100 spaces which will be gated off to be leased by the owner. Monthly and daily parking will be available for beach employees. The design of the proposed garage will be more refined when the development agreement comes before Council. In response to questions, Planning and Development Director Michael Delk said staff will need to work with the Applicant regarding an alternative to the proposed 2.3 ft. outward accoutrement to the architecture on the east side of the building. The Development Review Committee will be reviewing the project tomorrow. The City Attorney said the Developer has a closing coming up and wanted to be certain that Council was interested in purchasing the property. Typically, the purchase agreement would be accompanied by the site plan and the development agreement. The normal review process did not meet the Developer's needs. There are contingencies to the purchase agreement, such as requiring approval of the site plan by the Community Development Board and the development agreement and condominium documents by City Council. Parking Consultant Vicki Gagliano of Timothy Haahs and Associates said the parking study was not conducted during Spring Break period, which is Page 20

21 consistently full during the week. The study was conducted after Spring Break; still very busy but parking spaces still available. As a general parking policy, the most expensive parking should be on-street parking, followed by surface lots and parking structures. This type of policy encourages individuals to use the parking structures because of the discounted rate. Ms. Gagliano said she did not have comparables for municipal beach parking facilities in other areas that subsidize parking. The employee usage assumption was based on thirty permits. The study budgeted parking attendants as demand for parking grows. To cover security needs during busy events, it recommended an automated system, such as call boxes or cameras, be used. Glass is the preferred material for enclosed stairwells. Engineering Director Mike Quillen said the staffing assumption on the high usage days included three shifts for cashiers, plus provisions for an on-call supervisor and security during the final shift. The floor plan will be worked out during the review process if space is needed for garage attendants. Ms. Gagliano said individuals do not come to an area for parking, they come for the destination. Two elevators are adequate for the proposed garage size. In response to questions, the City Attorney said there is no Florida Statute that says a view must be provided to a resident or property owner. Mr. Delk said Beach by Design outlines the following concepts for parking infrastructure: the size and timing of the garage will be dictated by the ability of the garage to pay for itself and to the extent the individual property owners are willing to participate in a public-private partnership. Mr. Irwin said the Developer will finance the project until the LOM agreement expires in two years. Applicant representative Brian Aungst, Jr. reviewed the request. The condominium documents have not been drafted yet. The parking analysis has been submitted as part of the DRC review. Council will see the proposed project again after CDB review. The floor plates and renderings are combined as Exhibit B. The Council recessed from 7:54 p.m. to 8:00 p.m. Five individuals spoke in support and two individuals spoke in opposition. One individual requested that council consideration be postponed in order to conduct an impact study on the drop off location (beach access). The City Manager said the Sandpearl condominium officials were asked to provide their concerns regarding inappropriate activities in the beach access point in writing; no response has been received. A No Parking/Limited Drop-off sign will be placed near the beach access point. Page 21