City Hall 112 S. Osceola Avenue Clearwater, FL 33756 Meeting Minutes Thursday, January 18, 2018 6:00 PM Council Chambers City Council Page 1
Rollcall Present: 5 - Mayor George N. Cretekos, Vice Mayor Hoyt Hamilton, Councilmember Doreen Caudell (Arrived 6:56 p.m.), Councilmember Bob Cundiff and Councilmember Bill Jonson Also Present: William B. Horne II City Manager, Jill Silverboard Deputy City Manager, Micah Maxwell Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk and Nicole Sprague Official Records and Legislative Services Coordinator To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order Mayor Cretekos The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Rev. Norma Fontaine-Philbert from Garden of Grace Ministries 3. Pledge of Allegiance Vice Mayor Hamilton 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 Turkey Trot - Skip Rogers, Race Director 5. Approval of Minutes 5.1 Approve the minutes of the December 21, 2017 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Jonson moved to approve the minutes of the December 21, 2017 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Linda Darwish, Gwen Douse, and Susan Luce expressed concerns regarding the noise levels created by Toucans and the Hilton in Page 2
Clearwater beach and requested Council review 1) the current noise ordinance as it does not adequately address noise complaints, 2) the current building code requirement process as is does not require noise abatement, and 3) the current process for assessing noise infractions as it does not utilize a decibel system. Ivana Kajtezuvic expressed concerns regarding a recent prostitution raid at 3131 Johns Parkway. Anthony Burney and Carmen Lundy requested funding to replace the roof at the MLK, Jr. Neighborhood Center Coalition and programming assistance. Ms. Lundy said the Center wishes to expand its facility to a county-owned property for new youth programming. Rev. Bob Scott urged all who are willing to assist Peace Memorial Church's Cold Night Shelter program to call (727)446-3001. David Browder thanked Council for the Skycrest Traffic Calming Project. Jennie Pearl thanked Council and staff for their support of the Bazaar Art space in the 2nd Century studio. 7. Consent Agenda Approved as submitted. 7.1 Approve an increase to Purchase Order #BR512323 with JW Harris Contractors, Inc., in the amount of $1,500,000, to provide for the installation of natural gas mains and service lines, and authorize the appropriate officials to execute same. 7.2 Approve Change Order 2 to Kenny Construction Company of Northbrook, Il, for 2015 Stormwater Pipe Lining Project (15-0023-EN) in the amount of $807,152.50 and authorize the appropriate officials to execute same. (consent) 7.3 Approve an Engineer of Record (EOR) Work Order to Atkins North America, of Tampa, FL, for a Stormwater Maintenance Management Plan (17-0065-EN) in the amount of $190,640.00 and authorize the appropriate officials to execute same. (consent) 7.4 Approve an Interlocal Agreement between Pinellas County School Board (PCSB) and the in the amount of $250,000 for the construction of Allen s Creek Restoration at Plumb Elementary School, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a purchase order to Tetra Tech, Inc. of Maitland, FL, for an amount not to exceed $350,000, for disaster debris monitoring and management services provided during the Page 3
aftermath of Hurricane Irma and authorize the appropriate officials to execute same. (consent) 7.6 Approve a purchase order to Waste Management/Recycle America, L.L.C. (WM/RA) in the amount of $350,000 for the processing of the City s single stream recycling commodity at the contractor s facility in Tampa, FL for the 12-month period, beginning December 15, 2017 through December 14, 2018, as provided in the city s Code of Ordinances, Section 2.564(1)(e) Exceptions to Bid (impractical to bid) and authorize the appropriate officials to execute same. (consent) 7.7 Appoint one member to the Municipal Code Enforcement Board to fill the remainder of an unexpired term through October 31, 2019. 7.8 Appoint Donna Dennis to the Library Board with term to expire January 31, 2022. (consent) 7.9 Request for authority to pay judgment in the case of Robert Mills v., Case No. 15-006233-CI for $200,000.00. (consent) 7.10 Authorize a special equity increase in the salaries of Paul Richard Hull, Laura Mahony, and Matthew Smith, Assistant City Attorney II s at a total estimated amount of approximately $30,061.87 ($23,839.64 in salary and approximately $6,222.23 in benefits). (consent) 8. Administrative Public Hearings Councilmember Cundiff moved to approve the Consent Agenda as submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Councilmember Jonson departed Chambers at 6:30 p.m. and returned at 6:32 p.m. Public Hearings - Not before 6:00 PM 8.1 Declare surplus for the purpose of sale, through Invitation to Bid 14-18, real property located at 1454 S Martin Luther King, Jr. Avenue whereby the successful bid: 1) exceeds $205,000; 2) proposes development with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income development; and 3) vertical construction must commence within one year of closing. This property is currently vacant and it is identified by Resolution 17-38 as a Page 4
city-owned property appropriate for use as affordable housing (Pinellas County Property I.D. 22-29-15-00000-320-1300). The property was acquired in 1995 with Community Development Block Grant (CDBG) program funding made available to the city from the United States Department of Housing and Urban Development. The City acquired the property in 1995 for $84,000 to develop a seven-unit single family subdivision for low- to moderate-income households. At this time, staff believes that a townhome or villa concept will be a better fit with the character of the neighborhood while still creating homeownership opportunities. This concept will provide for more units than a detached, single family home subdivision. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council s stated purpose for declaring the property surplus. Accordingly, all qualifying bids must meet the following terms: Bid price shall exceed $205,000. The property must be developed with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income. Vertical construction must commence within one year of closing. An appraisal was performed on the property by James Millspaugh and Associates, Inc. The appraised value was $205,000 with a valuation date of September 6, 2017. Proceeds from sale will be used for future CDBG-eligible projects administered by the Economic Development & Housing Department. Vice Mayor Hamilton moved to declare surplus for the purpose of sale, through Invitation to Bid 14-18, real property located at 1454 S Martin Luther King, Jr. Avenue whereby the successful bid: 1) exceeds $205,000; 2) proposes development with a minimum of ten residential units for sale to households with total household income at or below 80% of area median income development; and 3) vertical construction must commence within one year of closing. The motion was duly seconded and carried unanimously. 8.2 Declare surplus for the purpose of sale, through Invitation to Bid 11-18, real property located at 2251 Drew Street whereby the successful bid: 1) exceeds $1,000,000; 2) Page 5
requires the property to generate ad valorem tax revenue free from exemptions; alternatively, an otherwise tax exempt purchaser shall enter into a payment in lieu of taxes (PILOT) agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and 3) the property owner shall increase the site s property value through capital investment which must commence within one year of purchase. This property is the current site of the s East Library (Pinellas County Property I.D. 18-29-16-00000-220-0300). Construction of a new joint use library on the St. Petersburg College campus is complete. Library staff plans to relocate to the new facility in late March, 2018. Once this site is vacated, it will no longer be needed for city use. Per City Charter 2.01, real property declared surplus shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by the Council and whose proposed use of the property is in accordance with the Council s stated purpose for declaring the property surplus. Accordingly, all qualifying bids must meet the following terms: Bid price shall exceed $1,000,000. The property must generate ad valorem tax revenue free from exemptions. The property owner shall increase the site s property value through capital investment which must commence within 1 year of purchase. Sale of the property shall be to an entity whose business operation is within a primary targeted industry as identified in the City s 2011 Economic Development Strategic Plan. The requirements above are intended to limit the bidding field to potential buyers whose future use of the property will generate a positive economic impact. This is an opportunity to improve a commercial corridor that has seen minimal growth over the last decade. The City acquired the property in 1981 for $111,400 and constructed the new library in 1985. An appraisal was performed on the property by James Millspaugh and Associates, Inc. The appraised value was $1,000,000 with a valuation date of April 5, 2017. Proceeds from sale will be deposited into the General Fund revenue code 010-00000-364220 (Surplus Land Sales). One individual spoke in support. Vice Mayor Hamilton moved to declare surplus for the purpose of sale, through Invitation to Bid 11-18, real property located at 2251 Drew Street whereby the successful bid: 1) exceeds $1,000,000; 2) requires the property to generate ad valorem tax revenue free from exemptions; alternatively, an otherwise tax exempt purchaser shall enter into a payment in lieu of taxes (PILOT) Page 6
agreement for all city portions of real property taxes, tangible property taxes, utility taxes and any other applicable taxes; and 3) the property owner shall increase the site s property value through capital investment which must commence within one year of purchase. The motion was duly seconded and carried unanimously. 8.3 Approve a Future Land Use Map Amendment from the Recreation/Open Space (R/OS) category to the Transportation/Utility (T/U) category for a 7.548-acre portion of property located at 1005 Old Coachman Road and pass Ordinance 9092-18 on first reading. (LUP2017-09007) This Future Land Use Map amendment involves 7.548 acres of a 9.209-acre city-owned property on the east side of Old Coachman Road approximately 2,370 feet north of Drew Street, comprised of one parcel and a portion of a second parcel. The City s existing Solid Waste Transfer Station (Transfer Station) occupies the center of the northern parcel and is accessed by a drive that crosses the northwest corner of the southern parcel. The amendment area is comprised of the remainder of the northern parcel and the driveway portion of the southern parcel. The existing Transfer Station is currently designated as Transportation/Utility (T/U) on the City s Future Land Use Map, and although the remainder of the parcel is designated as Recreation/Open Space (R/OS), it is fenced and not readily accessible to the general public. Due to the age and condition of the current facility, and the desire to provide more efficient operations, the City is replacing the facility. The project includes the complete replacement of the Transfer Station including a new scale house, administration building and top loading transfer station building, which requires more land area to accommodate the upgraded facility. The request is to change the Future Land Use Map designation for the remainder of the northern parcel (7.096 acres) and the portion of the southern parcel that will be used for access to the Transfer Station and the scale house (0.452 acres) from Recreation/Open Space (R/OS) to Transportation/Utility (T/U). A request to rezone the proposed subject site from the Open Space/Recreation (O/SR) District to the Institutional (I) District is being processed concurrently with this case (REZ2017-09007). The proposed Transportation/Utility (T/U) future land use category primarily permits nonresidential development at an intensity of 0.70 FAR. The proposed amendment will allow the replacement of an existing city facility so no real change in the use of the property will occur; additionally, the new Transfer Station is designed to handle a projected ±780 tons of solid waste per day, which would allow the City to meet its level of service standards for anticipated Page 7
population growth through 2035. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. The proposed amendment is compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendment will not have an adverse impact on the natural environment. The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its November 21, 2017 public hearing and made a unanimous recommendation of approval to the Council. In response to a question, Planning and Development Assistant Director Gina Clayton said there will be no disruption to the trail. One individual spoke in support. Councilmember Jonson moved to approve a Future Land Use Map Amendment from the Recreation/Open Space (R/OS) category to the Transportation/Utility (T/U) category for a 7.548-acre portion of property located at 1005 Old Coachman Road. The motion was duly seconded and carried unanimously. Ordinance 9092-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9092-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Page 8
Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Cundiff and Councilmember Jonson 8.4 Approve a Future Land Use Map Amendment from the Residential Low (RL) and Residential High (RH) categories to the Residential/Office General (R/OG) category for 1528 Lakeview Road and pass Ordinance 9094-18 on first reading. (LUP2017-09008) This Future Land Use Map amendment involves a 1.332-acre property on the north side of Lakeview Road approximately 500 feet east of South Highland Avenue. The parcel, owned by Spare Investors Realty, LLC, is occupied by a 10,196 square foot office building which until recently had been vacant. The applicant is requesting to amend the property s Future Land Use Map designations of Residential Low (RL) and Residential High (RH) to Residential/Office General (R/OG). The requested amendments would allow the property to continue to be used as an office or medical clinic, consistent with its historic use. The applicant has submitted a Zoning Atlas amendment (REZ2017-09008) which is being processed concurrently with this case. The proposed Residential/Office General (R/OG) category allows primarily residential uses and office uses, and would permit development at a density of 15 dwelling units per acre, or a FAR of 0.50. The site was originally developed in 1985 as a one-story medical clinic and was used as an orthopedic surgery center for many years. The building is currently listed for sale as a general office; however, because neither medical clinics nor offices are listed permitted uses within the current residential zoning districts, efforts by the property owner to attract new tenants have been hampered. The City is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is supported by the City s stated economic development goals and objectives. The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. The proposed amendment is compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendment will not have an adverse impact on the natural environment. The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Page 9
Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. Prior to the Community Development Board meeting, the city received two letters on behalf of one condominium community in opposition to this proposal. The Community Development Board reviewed this application at its November 21, 2017 public hearing and made a unanimous recommendation of approval to the Council. Vice Mayor Hamilton moved to approve a Future Land Use Map Amendment from the Residential Low (RL) and Residential High (RH) categories to the Residential/Office General (R/OG) category for 1528 Lakeview Road. The motion was duly seconded and carried unanimously. Ordinance 9094-18 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9094-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 8.5 Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Institutional (I) category for a 0.145-acre portion of property located at 720 Tuskawilla Street and pass Ordinance 9097-18 on first reading. (LUP2017-10010) This Future Land Use Map amendment involves 0.145 acres of a 0.288-acre property on the north side of Tuskawilla Street approximately 90 feet west of South Myrtle Avenue. The parcel, owned by Edward and James White Veterans of Foreign Wars (VFW) Post 10304, is comprised of two lots (Lots 13 and 14). The VFW utilizes a 644 square foot building located on Lot 14, and recently demolished a building on Lot 13. The applicant is requesting to amend the Future Land Use Map designation on Lot 13 from Residential/Office General (R/OG) to Institutional (I). The applicant has submitted a Zoning Atlas amendment (REZ2017-10011) which is being processed concurrently with this case. The proposed Institutional (I) category allows primarily churches, social clubs and public/private schools, and would permit development at a density of 12.5 dwelling units per acre, or a FAR of 0.65. The requested amendment would establish a uniform future land use designation across the entire property, and would allow the VFW to expand, adding an accessory structure on the site, which the applicant indicated is the VFW s intention; however, no site plan has been submitted at this time. Page 10
The Planning and Development Department determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. The proposed amendment is compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendment will not have an adverse impact on the natural environment. The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Cundiff moved to Approve a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Institutional (I) category for a 0.145-acre portion of property located at 720 Tuskawilla Street. The motion was duly seconded and carried unanimously. Ordinance 9097-18 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9097-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Cundiff and Councilmember Jonson 8.6 Approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Residential/Office General (R/OG) category for 1524 South Highland Avenue and pass Ordinance 9099-18 on first reading. (LUP2017-09006) This Future Land Use Map amendment application involves a 0.22-acre parcel Page 11
located on the west side of South Highland Avenue approximately 500 feet south of Nursery Road. The parcel is owned by Odin Enterprises, Inc. and is currently vacant. The applicant is requesting to amend the Future Land Use Map designation of the subject property from Residential Low (RL) to Residential/Office General (R/OG). The applicant has submitted a Zoning Atlas Amendment request to rezone the property from the Low Medium Density Residential (LMDR) District in conjunction with two adjacent parcels under common ownership from the Office (O) District to the Medium Density Residential (MDR) District which is being processed concurrently with this case (REZ2017-10010). The proposed Residential/Office General (R/OG) category allows primarily residential uses and office uses, and would permit development at a density of 15 dwelling units per acre, or a FAR of 0.50.The requested amendment would establish a uniform future land use designation across all three parcels under common ownership and would allow the property to be redeveloped as attached dwellings, which the applicant has indicated is the intended use; however, no site plan has been submitted at this time. The Planning & Development Department has determined that the proposed Future Land Use Map amendment is consistent with the provisions of the Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Countywide Plan Rules. The proposed amendment is compatible with the surrounding property and character of the neighborhood. Sufficient public facilities are available to serve the property. The proposed amendment will not have an adverse impact on the natural environment. The proposed amendment will not have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity is not required. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Jonson moved to approve a Future Land Use Map Amendment from the Residential Low (RL) category to the Residential/Office General (R/OG) category for 1524 South Highland Avenue. The motion was duly seconded and carried Page 12
unanimously. Ordinance 9099-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9099-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Cundiff and Councilmember Jonson 8.7 Continue to February 14, 2018: Approve amendments to the Clearwater Downtown Redevelopment Plan repealing and replacing Chapters 1-3 which update goals, objectives and policies; increase density and intensity and revise height; modify Character District boundaries; and expand the Old Bay Character District boundaries northward; and pass Ordinance 9103-18 on first reading. The Clearwater Downtown Redevelopment Plan serves as a Special Area Plan for the Downtown Planning Area and as a Community Redevelopment Plan for the Community Redevelopment Area. Since the adoption of the Plan many changes have occurred in the Downtown; however, there continues to be a lack of commercial development, erosion of neighborhood character, and limited new housing development. This update is primarily focused on the land use components of the Plan, with additional updates to incorporate current data. Chapter 4, Implementation Plan, is not being amended at this time; however, it is incorporated into the updated document and reformatted to be consistent with the Plan as a whole. Chapter 4 is anticipated to be updated concurrently with the 15-year review of the Community Redevelopment Area Plan by Pinellas County in 2018. The Planning and Development Department is recommending amendments to the Clearwater Downtown Redevelopment Plan to increase development potential, support preservation of neighborhood character, eliminate the need for lot consolidation in certain Districts, support variety of housing types, and encourage a multimodal Downtown. Ordinance No. 9103-18 proposes to: Reaffirm and update the Vision, Guiding, Principles, Goals, Objectives and Policies; Expand the Old Bay Character District boundary and subsequently the Downtown Planning Area boundary; Consolidate two Character District Boundaries into one; Increase intensity and density throughout; Revise maximum permitted height to provide for transitions and consistency between standards and policy; Revise Character District policies; Incorporate the visions of recently completed supporting documents Page 13
including Imagine Clearwater, North Marina Area Master Plan, Clearwater Comprehensive Boating Plan, and East Gateway District Vision Plan; Add density specific to overnight accommodations functioning as bed and breakfasts in the Old Bay and Prospect Lake Character Districts; and Remove the Design Guidelines. The Community Development Board, in its capacity as the Local Planning Agency (LPA), will review the proposed amendments to the Clearwater Downtown Redevelopment Plan at a special public hearing on January 9, 2018, and make a recommendation to City Council. The Planning and Development Department will report the recommendation at the City Council meeting. The Community Redevelopment Agency will review the proposed amendments to the Clearwater Downtown Redevelopment Plan at its meeting on January 16, 2018 and make a recommendation to the Council. The Planning and Development Department will report the recommendation at the City Council meeting. At the February 16, 2018 work session, there was council consensus to continue first reading to February 12, 2018. No action taken. 8.8 Continue to April 4, 2018: Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) category to the Commercial General (CG) category for 300 South Duncan Avenue; and do not pass Ordinance 9101-18 on first reading. (LUP2017-10011) This Future Land Use Map amendment involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). The applicant is requesting to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) to Commercial General (CG). The requested amendment would allow the property to be redeveloped with a self-storage use. The applicant has submitted a Zoning Atlas amendment (REZ2017-10012) which is being processed concurrently with this case. Page 14
The proposed Commercial General (CG) category allows a variety of uses, including retail sales and service, overnight accommodations, and office uses, and would permit nonresidential development at a FAR of 0.55. The site is currently developed with an office that was constructed in 1976 and is over 88% leased. The building currently houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. The City is committed to preserving land for targeted industries, and encourages the development of sites and buildings needed to accommodate higher intensity employment opportunities, and according to the City s Economic Development and Housing Department, the site is considered a strategic location for office uses and is well-suited for continued office use consistent with the goals of the Economic Development Strategic Plan. A development proposal to demolish the existing office and replace it with a 76,490 square foot self-storage facility is inconsistent with both the Economic Development Strategic Plan and the City s Comprehensive Plan. The existing use of the property constitutes a higher level of viable economic use. Additionally, the proposed Commercial General (CG) category is not appropriately located, and is not in character with the residential neighborhood to the north, along Rainbow Drive. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The Planning and Development Department determined that the proposed Future Land Use Map amendment is inconsistent with the provisions of the Clearwater Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan and the Countywide Plan Rules. The proposed amendment is incompatible with the surrounding property and character of the neighborhood. The proposed amendment will have an adverse impact on the use of property in the immediate area. In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required. Prior to the Community Development Board meeting, the city received one letter Page 15
on behalf of the Skycrest Neighbors in opposition to this proposal. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a recommendation of approval to the Council, with four members voting in support of and three in opposition of the amendment. No action taken. 8.9 Continue to April 4, 2018: Deny a Zoning Atlas Amendment from the Office (O) District to the Commercial (C) District for 300 South Duncan Avenue; and do not pass Ordinance 9102-18 on first reading. (REZ2017-10012) This Zoning Atlas amendment involves 2.807 acres of a 3.196-acre parcel located on the west side of South Duncan Avenue, approximately 280 feet north of Gulf to Bay Boulevard (SR 60). The property is owned by Rental Houses, LLC and is occupied by a three-story, 69,000 square foot office building with ancillary off-street parking. The overall parcel is a flag lot, where the proposed amendment area has frontage on South Duncan Avenue (310 feet) and Rainbow Drive (396 feet). A narrow portion of the parcel extends to Gulf to Bay Boulevard (60 feet of frontage), approximately 345 feet west of South Duncan Avenue, providing access to the office (excluded from the proposed amendment). The applicant is requesting to rezone the property from the Office (O) District to the Commercial (C) District in order to redevelop the property with a 76,490 square foot self-storage facility. The applicant has submitted a Future Land Use Map amendment (LUP2017-10011) which is being processed concurrently with this case. The proposed Commercial (C) District is incompatible with many of the surrounding zoning districts and single-family homes uses that exist in the vicinity of the subject property. The existing office, which was originally developed in 1976, houses many targeted industries (i.e., Financial and Professional Services) including medical offices, attorneys, mortgage firms, real estate office, accounting offices and other professional businesses. The City is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is not supported by the City s stated economic development goals and objectives. The existing use of the property constitutes a higher level of viable economic use. The proposed Commercial (C) zoning district permits a variety of commercial uses as minimum standard uses, including retail plazas, restaurants, offices, overnight accommodations, and vehicle sales/display, many of which, including the proposed self-storage use (a Level II Flexible Development use), are not in Page 16
character with the residential neighborhood to the north along Rainbow Drive. While certain permitted uses may be compatible with the single-family uses in the area, these same uses are also already permitted through the existing Office (O) District. The Planning and Development Department determined that the proposed Zoning Atlas amendment is inconsistent with the Clearwater Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is incompatible with the surrounding property and character of the neighborhood. The available uses in the Office (O) District are incompatible with the surrounding area. The proposed Office (O) District boundaries are inappropriately drawn in regard to location and classification of streets. Prior to the Community Development Board meeting, the city received one letter on behalf of the Skycrest Neighbors in opposition to this proposal. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a recommendation of approval to the Council, with four members voting in support of and three in opposition of the amendment. No action taken. 9. Quasi-Judicial Public Hearings 9.1 Approve a Zoning Atlas Amendment from the Open Space/Recreation (OS/R) District to the Institutional (I) District for a 7.548-acre portion of property located at 1005 Old Coachman Road and pass Ordinance 9093-18 on first reading. (REZ2017-09007) This Zoning Atlas amendment application involves 7.548 acres of a 9.209-acre city-owned property on the east side of Old Coachman Road approximately 2,370 feet north of Drew Street, comprised of one parcel and a portion of a second parcel. The City s existing Solid Waste Transfer Station (Transfer Station) occupies the center of the northern parcel and is accessed by a drive that crosses the northwest corner of the southern parcel. The amendment area is comprised of the remainder of the northern parcel and the driveway portion of the southern parcel. The existing Transfer Station is currently designated as Page 17
Institutional (I) District on the City s Zoning Atlas, and although the remainder of the parcel is zoned Open Space/Recreation (OS/R) District, it is fenced and not readily accessible to the general public. Due to the age and condition of the current facility, and the desire to provide more efficient operations, the City is replacing the facility, and more land area to accommodate the upgraded facility is required. The request is to change the Zoning Atlas designation for the remainder of the northern parcel (7.096 acres) and the portion of the southern parcel that will be used for access to the Transfer Station and the scale house (0.452 acres) from Open Space/Recreation (OS/R) District to Institutional (I) District. A request to amend the proposed subject site from the Recreation/Open Space (R/OS) Future Land Use Map designation to Transportation/Utility (T/U) Future Land Use Map designation is being processed concurrently with this case (LUP2017-09007). The proposed Institutional (I) District is compatible with the surrounding zoning districts, as well as the recreational facilities and utilities uses that exist near the subject property. The proposed amendment will allow the replacement of an existing city facility. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is compatible with the surrounding property and character of the neighborhood. The available uses in the Institutional (I) District are compatible with the surrounding area. The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its November 21, 2017 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Cundiff moved to approve a Zoning Atlas Amendment from the Open Space/Recreation (OS/R) District to Page 18
the Institutional (I) District for a 7.548-acre portion of property located at 1005 Old Coachman Road. The motion was duly seconded and carried unanimously. Ordinance 9093-18 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9093-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 4 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Cundiff and Councilmember Jonson 9.2 Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) and High Density Residential (HDR) Districts to the Office (O) District for 1528 Lakeview Road and pass Ordinance 9095-18 on first reading. (REZ2017-09008) This Zoning Atlas amendment involves a 1.332-acre property on the north side of Lakeview Road approximately 500 feet east of South Highland Avenue. The parcel, owned by Spare Investors Realty, LLC, is occupied by a 10,196 square foot office building which until recently had been vacant. The applicant is requesting to rezone the property from the Low Medium Density (LMDR) and High Density Residential (HDR) Districts to the Office (O) District. The requested amendments would allow the property to continue to be used as an office or medical clinic, consistent with its historic use. The applicant has submitted a Future Land Use Map amendment (LUP2017-09008) which is being processed concurrently with this case. The proposed Office (O) District is compatible with the surrounding zoning districts and attached dwelling uses that exist in the vicinity of the subject property. The existing office, which was originally developed in 1985 as a medical clinic, would become a conforming use. The City is committed to preserving land and buildings that are needed to attract target industries and accommodate higher-wage jobs, such as this one. The proposed change is supported by the City s stated economic development goals and objectives. The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is compatible with the surrounding property and character of the neighborhood. The available uses in the Office (O) District are compatible with the surrounding area. The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or Page 19
disproportionate manner; and The proposed Office (O) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. Prior to the Community Development Board meeting, the City received two letters on behalf of one condominium community in opposition to this proposal. The Community Development Board reviewed this application at its November 21, 2017 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Jonson moved to approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) and High Density Residential (HDR) Districts to the Office (O) District for 1528 Lakeview Road. The motion was duly seconded and carried unanimously. Ordinance 9095-18 was presented and read by title only. Councilmember Cundiff moved to pass Ordinance 9095-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.3 Approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for a 0.145-acre portion of property located at 720 Tuskawilla Street and pass Ordinance 9098-18 on first reading. (REZ2017-10011) This Zoning Atlas amendment involves 0.145 acres of a 0.288-acre property on the north side of Tuskawilla Street approximately 90 feet west of South Myrtle Avenue. The parcel, owned by Edward and James White Veterans of Foreign Wars (VFW) Post 10304, is comprised of two lots (Lots 13 and 14). The VFW utilizes a 644 square foot building located on Lot 14, and recently demolished a building on Lot 13. The applicant is requesting to rezone the property (Lot 13) from the Office (O) District to the Institutional (I) District. The applicant has submitted a Future Land Use Map amendment (LUP2017-10010) which is being processed concurrently with this case. future. The proposed Institutional (I) District is compatible with the surrounding zoning districts, offices and single family uses that exist in the vicinity of the subject property. The requested amendment would establish a uniform zoning district across the entire property, and would allow the VFW would like to expand in the Page 20
The Planning and Development Department determined that the proposed Zoning Atlas amendment is consistent with the Clearwater Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is compatible with the surrounding property and character of the neighborhood. The available uses in the Institutional (I) District are compatible with the surrounding area. The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner; and The proposed Institutional (I) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a unanimous recommendation of approval to the Council. Vice Mayor Hamilton moved to approve a Zoning Atlas Amendment from the Office (O) District to the Institutional (I) District for a 0.145-acre portion of property located at 720 Tuskawilla Street. The motion was duly seconded and carried unanimously. Ordinance 9098-18 was presented and read by title only. Councilmember Jonson moved to pass Ordinance 9098-18 on first reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 9.4 Approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) and Office (O) Districts to the Medium Density Residential (MDR) District for 1524, 1532 and 1536 South Highland Avenue and pass Ordinance 9100-18 on first reading. (REZ2017-10010) This Zoning Atlas amendment application involves a 1.69-acre property comprised of three parcels located on the west side of South Highland Avenue, approximately 500 feet south of Nursery Road. The parcels, owned by Odin Enterprises, Inc., are vacant. Currently, the property has two Zoning Atlas Page 21
designations: the northernmost parcel (1524 South Highland Avenue) is designated as Low Medium Density Residential (LMDR) District, and the southern two parcels (1532 and 1536 South Highland Avenue) are designated as Office (O) District. The applicant is requesting to rezone the subject property from the Low Medium Density Residential (LMDR) and Office (O) Districts to the Medium Density Residential (MDR) District to have a uniform zoning designation across all three parcels and to allow for development of residential uses. The applicant has submitted a Future Land Use Map amendment for the northernmost parcel (1524 South Highland Avenue) which is being processed concurrently with this case (LUP2017-09006). The proposed Medium Density Residential (MDR) District will allow the site to be developed with attached dwellings, and is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The Planning & Development Department has determined that the proposed Zoning Atlas amendment is consistent with the Community Development Code as specified below: The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. The proposed amendment is compatible with the surrounding property and character of the neighborhood. The available uses in the Medium Density Residential (MDR) District are compatible with the surrounding area. The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. The proposed Medium Density Residential (MDR) District boundary is appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. The Community Development Board reviewed this application at its December 19, 2017 public hearing and made a unanimous recommendation of approval to the Council. Councilmember Cundiff moved to approve a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) and Office (O) Districts to the Medium Density Residential (MDR) District for 1524, 1532 and 1536 South Highland Avenue. The motion was duly seconded and carried unanimously. Ordinance 9100-18 was presented and read by title only. Vice Mayor Hamilton moved to pass Ordinance 9100-18 on first reading. The motion was duly seconded and upon roll call, the Page 22
vote was: Ayes: 5 - Mayor Cretekos, Vice Mayor Hamilton, Councilmember Caudell, Councilmember Cundiff and Councilmember Jonson 10. City Manager Reports 10.1 Waive the Flexible Development Application Fee for a proposed project at 1339 Park Street, Clearwater, to be submitted by the Society of St. Vincent de Paul, Council of Upper Pinellas County, Inc. and adopt Resolution 18-03. Per City Council Policy, General Administration, A. Application Fee Waivers: Generally, building permit, occupational license, plan review and zoning-related application fees will not be waived except for City projects and other government agencies. If staff believes special conditions exist, such requests to waive application fees may be brought to the Council for consideration. The Society of St. Vincent de Paul, Council of Upper Pinellas County, Inc. (SVDP), a 501(c)3 not-for-profit corporation, currently operates a Soup Kitchen & Resource Center at 1345 Park Street. SVDP desires to submit a Level 2 Flexible Development Application for the adjacent property located at 1339 Park Street by February 1, 2018, and is seeking a waiver of the $1,405.00 application fee. Staff has reviewed the proposed project and believes special conditions exist. The City recently hired consultant, Dr. Robert Marbut, to review homeless services provided in and around Clearwater and to conduct a needs assessment and gap analysis of the types and capacity of services needed. A final report was provided to Council on September 18, 2017. Several recommendations were made including: Service start and duration times for all community meals and street feedings need to be strategically set based on a schedule that promotes engagement into recovery programs and gainful employment opportunities, and, breakfasts should start at 7:00 a.m. or earlier and should end no later than 7:45 a.m. Toward that end, staff has been working with SVDP. The organization is amenable to providing breakfast between 6:30-7:45 a.m. to persons experiencing homelessness after which individuals will be encouraged to participate in educational and training opportunities aimed at addressing root causes of homelessness. Such programs will be provided at the project location which was formerly a homeless shelter. Renovations associated with this change of use/comprehensive infill project require a Level 2 Flexible Development Application and Community Development Board approval. Page 23