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08/17/1999 (2) . ,. " , ~ l,' ~ . ~~'"'. :f~.:'!~'. . . ,I,: ;'Ij. <,' I', \.. . I. t. t, ',~ " .:. .' . /,',: ' 'i ." ,";,:. ..". l~. . <:.'.~., ." 'It::...~' . . ~'.. ~{;.: .::' ., t. ~ . . . fl' c OJ,' . """ :~. "{ i.:~. ,~. ~ ....'.. .- , ~;~~~~ J ~: J .' ;0 ~.: .: c ., ~Kr, > !":,, . ~t.~4' . #I::~:.;;:':~" I . :.\ ~Tt.. ' ~'i\:\.... it::. '. . ' j , l' ' ?,: ~'(, . \ ~:Lf;., ! ~: r j ~ + .< .:f,~' ., ' .. I': . 'i :' '. ~ . . . ~ ., I I:> <. f ;,: ,,' e" 'j :'. I'. "I'~ .. F . I . ~. . '. ~ i t...,. '''.:. ~ ,".c 'c' T' . , . " " , '. " .' o' ..,. . . , ., _. "."...' , l' I , , COB " C()mmunity Development Board'Meeting .1 MINUTES <j ,I , ~ ~ 1 . , Date' ... ,) , I. ~ '. , + 1'1'1 i , . t ,. ~c(71 L ., 8 COMMUNITY DEVELOPMENT BOARD MEETING - ACTION AGENDA Tuesday. August 17, 1999 ITEM 1 - CONTINUED ITEM {Continued from the June 15, 1999 meetinQl Review of Conditional Use Approval of Majestik, Inc., (James Eftekhari, representative). As a condition of the 717198 approval of a conditional use to , permit a nightclub, the Community Development Board is required to review the approval after nine months. The property is located at 470 Mandalay Avenue. ITEM 2 - REQUESTS FOR CONTINUANCES - None. ITEM 3 - LEVEL 2 APPLICATIONS A. 'Joseph Wayne Sangster is requesting flexible development approval to construct an off-street parking lot on property located at 81 2 Pinellas Street. B. Aegean Sands, Ltd. is requesting approval to terminate the status of nonconformity on property located at 421 Gulfview Boulevard. C. Tom and Carol Falone, III, are requesting flexible development approval to conduct a problematic use (check cashing) at 1916 Gulf-to-Bay Boulevard. ACTION: Approved subject to staff recommended conditions, changing ~;~) condition #1 to: "The applicant shall remove the existing freestanding sign and , replace it with a monument sign that is in compliance with the Community , Development Code at a maximum height of 8 feet.", and using staff's' recommendation on the landscaping: 3 live oaks - 12' tall with 4" caliper; 14 Crepe Myrtles - 8' tall with 2" caliper; 3 Sabal palms - 10' Clear Trunk; Lantana planted 28" OC - 2 gallon: Oleander planted 36" DC - 36"; Plumbago planted 30" DC - 24" - 30"; and Indian Hawthorn planted 24" OC - 24" - 28". All plant material to be Florida Grade #1. ITEM 4 - LEVEL 3 APPLICATIONS A. The Laura Nail Connolly Trust is petitioning to amend the Comprehensive Plan's Future land Use Map from Residential Low Medium (RLM) to ResidentiallOffice General (R/OG), and to rezone from the Mobile Home Park (MHP) district to Office (0) district. The applicant wishes to construct a 100,000 square foot "Class A" office building. A majority of the site (3.5 acres) was previously a mobile home park and the other two lots (.5 acres) are vacant. (LUZ 99-001) ACTION: Recommended Denial of (lUZ 99-001), AND :J The Laura Nail Connolly Trust is petitioning to annex a portion of Tract A, Mayron A. Smith's Bay View Subdivision in the south half of Section 16, Township mcd0899.ag 1 08/17/99 ACTION: Postponed. , ,. ~~/,;\'!t.~: ",'~"': <', ' ":('. , 'j' : [ . , '.". i ;~<'\':""I:.'.,,:"i:':\'~~ .l~l"c' . ~ II . > "'"1' ',T . ". ~ " > ~ . "~. 29South, Range 16 East and change the land use from Resldentiallow/Medium , Density to Residential/Office General and zoning from Mobile Home Park to Office, and is petitioning to annex a portion of lots 2 and 3, block 5, Town of Bay View ' . Subdivision and a vacated portion of County Road 31 and change the. land use from ' 'Residential Urban to Residential/Office' General and' zoning from low/Medium . Density Residential to Office. (AN 99-014) ACTION: Recommended Approval of (AN 99-014), request for annexation, subject to staff's recommendation, that the current zoning and land use remain the same as it is currently. ITEM 5 - APPROVAL OF MINUTES OF PREVIOUS MEETING: Julv 20, 1999 ACTION: Approved as submitted. ITEM 6 - CHAIRMAN'S ITEMS - None. ITEM 7 - DIRECTOR'S ITEMS A.' Neighborhood Service Presentation "0 B. Modification of standard motions ACTION:' Staff submitted suggested shorter versions of standard board motions for the board's review. ITEM 8 - ADJOURNMENT - 6:20 p.m. e " mcd08ge.sg 2' ,08/17/99 ~~':J~f.!l'"h""''''':' ......"'...~;..,~:(':."~.:.,:~Y...l.l.'t""...-o;: " L." ., ',1 " ,," :'1 ~ ~: " ,.,' I. " " ,. , ".;' '.,,= I . .; ~. . c. (f\!) ..~ . . ":c , . , . ,,' . ! ...! \.... , 't.\ ,'\. " , , " '.,' , '.' !:)" "..' . '. ',', " .. . . r. ~ ' ': " . t . ~ i 1 ,'. '., ',' COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER August 17, 1999 Present: Gerald Figurski Edward Mazur, Jr. David Gildersleeve Shirley Moran Carlen A. Petersen Alex Plisko Chair Vice Chair Board Member Board Member Board Member Board Member Absent: William Johnson Board Member Also Present: Leslie Dougall-Sides Ralph Stone Cynthia Hardin Antonia Gerli Gary Jones Mark Parry Brenda Moses Assistant City Attorney Planning Director Assistant Planning Director Development Review Manager Senior Planner Planner Board Reporter The Chair called the meeting to order at 1 :01 p.m. at City Hall, followed by the Invocation, Pledge of Allegiance, and a review of meeting procedures and the appeal process. To provide continuity for research, items ore in agenda order although not necessarily . discussed in that order. 'I ITEM 1 - CONTINUED ITEM (Continued from June 15. 1999) Review of Conditional Use Approval of Majestik, Inc., (James Eftekhari, representative). As a condition of the 7/7/98 approval of a conditional use to permit a nightclub, the Community Development Board is required to review the approval after nine months. The property is located at 470 Mandalay Avenue. Development Review Manager Antonia Gerli requested the case be continued to September 21, 1999. Representative Harry Cline did not object to the request, Member Gildersleeve moved to continue Item 1 to September 21, 1999. The motion was duly seconded and carried 6:0. Member Johnson was absent. ITEM 2 - REQUESTS FOR CONTINUANCES - None. ITEM 3 - LEVEL 2 APPLICATIONS A. Joseph Wayne Sanaster is reQuestino flexible development approval to construct an off-street parking lot on property located at 812 Pinellas Street. mcd0899 1 08/17/99 : .... >:::\........ ..... ". .,':i..:'.> :::~.. :::.' ::.::. ii' '.;/: <,.: :<\: ;.i,:<:: )';' ~.I':'..'~:'::"'I.":"':"~"" ,~"'I"'..':.:":",,,:,~.,~,;','I',.:,"":"".~';-".:~.:..'.~:...,. " .,. :', ;:'.., ",' '..'" ..'j, ~:.':: ,". , ..\':::.:.:.:.:.>,'...':~'.">..::':>..::.:'>,'q:::.',:!::. ."1 ~ ':': .:'.:,., '. '. .":, ',', j . .}. .J .." ".'. !,' J '., , ,., . .. " ':. '.t.,. ';"':50' .,.. ". "; ,_,'~' . iii, , .:.'. , . ~ . .'" . =""'" <. ' . .. ~ .:. ~ ... '. '. . . . .., " ,ol'''';'':} '''':'....J~ -J. . , The applicant proposes to construct an 11-space parking lot In a LMDR (Low Medium Density Residential District) at 812 Pinellas Street to serve the Thompson Executive Center office complex. The lot was proposed prior to the complex's const,ruction. The vicinity is predominantly residential, although significant office uses exist to the north and west. The applicant's submitted site plan meets all criteria required by Code and complies with the standards and criteria for Flexible Development approval. Staff and the DRC (Development Review Committee) recommend approval. Bob Thompson, managing partner of Thompson Executive Center, said he has a contract to purchase the subject property. When the center was being developed, he had tried to purchase the property for parking. He felt his firm has met all code requirements. A reference was made to several letters of objection. One letter had stated the applicant does not use existing parking. In response to a question, Mr. Thompson said the property is not fully rented. As tenants move in, additional parking will be needed. He said 12 spaces will be created. Member Gildersleeve moved that based on the findings and conclusions stated in the staff report prepared by ,the Clearwater Planning Department, the information submitted by the applicant, and the testimony heard today, the application submitted by Joseph Wayne Sangster is in compliance with the Community Development Plan. Therefore, he moved that the Community Development Board approve the request for Flexible Development approval filed by Mr. Sangster for 81 3 Pinellas Street. The motion was duly seconded and carried 6:0. Member Johnson was absent. B. Aegean'Sands. Ltd. is reauestina aoproval to terminate the status of nonconformity on property located at 421 Gulfview Boulevard. The applicant proposes to redevelop 3 parcels for a Red Roof Inn. The parcels contain a 52-unit hotel with manager's apartment, a 16-unit motel, and a laundromat with space for 5 hotel units. Most parking is on the Gultview and Coronado rights-of-way. The applicant is entitled to 40 hotel rooms per acre. A maximum of 48 rooms may be developed on the entire site. The current site is nonconforming regarding density/floor area. The applicant plans to raze the 16~unit motel and laundromat, add 21 rooms on top of the remaining hotel, and construct a parking lot to the south. The applicant requests terminating the status of nonconformity and to be recognized as a conforming use with a density of 73 hotel rooms and one manager's apartment. The Code allows a nonconformity to be deemed a conformity if the property owner complies with appropriate sections of the Code. The applicant has not submitted sign or lighting requests. It is implied when the building permit application is submitted, staff will require those issues comply with Code. Redevelopment will significantly enhance and upgrade this portion of Clearwater beach. The application appears to comply with the standards of nonconformity. Staff and the ORe recommend approval of the application for the Aegean Sand Hotel at 421 South Gulfview Boulevard, subject to conditions: 1) applicant shall substitute sabal palms to mcd0899 2 08/17/99 . ,'. ~ c " " '" ; '.' ~ ;...., , . '. , .', ," '. . .. .......... ~ 1..+,:. ", . '". ". :..... .' ~'. ~ 't.., " '.;"'1 '~ ' '. "" ~ '" ',:'" '.'. , ,. "', .: ':", \l::/ :'.' '.' . .. , , ,:i" , " " ','1", ',' \ ' : " " .'rl "J' ~. .. ~. ", ", <I: ... ~ . ,. " -..J . ,: ~" ':",., ..',' I "., ,"":.,.,'t:,',:,: : complement landscaping along Gulfview Boulevard and 2) applicant shall amend the site plan to reflect code required plant materials and sizes prior to issuance of a bullding permit. In response to questions, Development Review Manager Antonia Gerli said Code permits 48 rooms on the entire parcel. Harry Cline, representative, reviewed the property's history. He said parking and landscaping will conform to Code and requested Condition #1 be eliminated. He said the Washingtonian palms proposed will not obstruct the building or signage, and will enhance the project's character. Robert Resch, architect, said the applicant is exempt from landscaping the perimeter but plans to relocate existing sabal palms. Landscaping will soften the Gulfview Boulevard frontage. Signage will be on the building's upper portion. Washingtonian palms will compliment the project without obstructing signage, etc. In response to a question, Mr. Resch said Washingtonians will be added to existing sabal palms. Landscaping will exceed Code requirements. It was suggested landscaping be added along the west elevation. Martin Cole, prospective owner, said landscaping along the wall would further limit available parking. He said some landscaping might be added to improve curb appeal. Member Gildersleeve moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, the information submitted by the applicant, and the testimony heard today, the application submitted by Aegean Associates, Ltd. is in compliance with the Community Development Plan. Therefore, he moved that the Community Development Board approve the request for Flexible Development approval filed by the applicant represented by Mr. Cline for 421 Gulfvlew Boulevard, including staff's recommended conditions, The motion was duly seconded and carried 6:0. Membor Johnson was absent, C. Tom and Carol Falone, III. are requestinq flexible development approval to conduct a problematic use (check cashing) at 1916 Gulf-to-Bay Boulevard. The applicant requests approval for a check cashing business at 1916 Gulf-to-Bay Boulevard, in a strip shopping center. Check Smart has obtained permits to renovate one unit. The permit application listed the business as retail. Staff did not learn the actual use was problematic until the applicant applied for an occupational license and was informed problematic uses require Level 2 approval. The center, constructed in 1995 under the previous Code, has a variance to allow 45 parking spaces instead of 53. The site is nonconforming with respect to parking, setbacks, buffers, and landscaping and cannot be brought into compliance with Code without substantial redevelopment. The project meets the flexibility criteria as it does not abut residential land, is more than 500 feet from another problematic use, and has no security bars visible from the street, Although marginally consistent with other flexibility criteria, staff feels the use meets redevelopment goals and with new landscaping and a new sign, the site will balance parking and landscaping requirements. Staff recommends approval, subject to conditions: 1) applicant shall replace existing freestanding sign with a monument sign, no more than 6-feet high, in compliance with mcd0899 3 08/17/99 :(. . ":;.,; I.., ',,: ~;. ".1' , ,~. " . . :" ':r. . ,. ~., . " , i '. '..; .';. " ':t . ~',', ~l. ;"0" ., "'~ . .. . ~." " ,,::~'.:' :'..::: ,1<:."....:'; :'~"'.': " :. :.', ,l~..',:: .:': ' I. . . .., " .' I . ;. : '. "':""~.:. ..~. -'.;. ,:;';":.,': I '::: .~';~~+':"'~:~."'..' ~ ,"" '. ,.... ,,,~j:""':~::':'i'..'~:.:'~' :'.1": ,..,1./,;..\ ;':,,;,y..:>> ,:,;.:':. ':~:~>: ,: '~',:<, ",,~::,;,::,:,.::..,'~ ':'::,....~.l,:.; .' 0 " ~ .' , .. ," " " .' .. . ' '..,... .. '. ," .' :. . .. ,. ... '. .'"...... :'"; ; '.~ +~ " '. "~ ," :.'. ". .~.:'.! '.:. '~:~ :+..i'~' .:;'. ". . . ..... -:. ,. . . , . ,\' ~:' < .'.t" '",.'. J' . , ~ tr..:;.~ ....,.,.J ~ Code and 2) applicant shall install 3.lIve oaks - 1 2-feet tall with 4-inch caliper; 14 Crepe Myrtles - 8-feet tall with 2-inch caliper; 3 Sabal palms - 1 D-foot Clear Trunk; lantana planted 28-inch DC - 2 gallon; Oleander planted 36-inch DC - 36-inch; Plumbago planted 3~-inch DC - 24-Jnch- 30-inchand Indian Hawthorn planted 24-inch DC - 24-;nch- 28- inch. All plant material to be Florida Grade #1. In response to a question, Ms. Gerli said staff had reviewed hmdscaping requirements with the applicant. Lettering on the awning counts as signage and is larger than allowed. The proposed use will not generate significant traffic. Roger Larson, representative, disputed his client's business is a problematic use. He said the definition is vague, ambiguous, and subject to interpretation, making compliance difficult. He said check-cashing is a small portion of the applicant's business. He said First Union, Albertson's, Publix, etc. also cash checks as part of their ancillary business. He said 80% of Check Smart's business is to provide payroll advances, or unsecured loans. He said many businesses violate Code and operate without occupational licenses, proper setbacks, and landscaping. The applicant will not have bars in the windows. The building will be painted in muted colors. The applicant has agreed to remove the laurel oaks and install 3 live oaks, 4 Washingtonian palms, 16 Crepe Myrtles, and other plantings. He has not agreed to install Lantana, Oleander, Plumbago, or Indian Hawthorne and feels the request is unreasonable. Mr. Larson said awnings are not mentioned in the definition of Ilbuilding." He said Code allows new tenants in a center to switch signs without meeting Code. The applicant has agreed to switch the existing pole sign with an 8-foot by 8-foot monument sign, not 6 feet as recommended by staff. He said Code allows property owners and businesses to develop sig'nage that improves the City's aesthetics and can be larger than minimum standards. He,said the applicant has spent $119,000 on the site. The monument sign and landscaping will cost more than $8,000, although he felt Code language is unenforceable. He suggested his client may sue if he is not permitted to operate at this site. In response to a question, Mr. Larson said Check Smart does not compare to title loan businesses as no collateral is required. In response to a question, Assistant City Attorney Leslie Dougall-Sides said the Commission had identified certain uses as problematic, including check-cashing centers. .The applicant can challenge the ordinance in court. The application was made as a problematic use, pursued through the ORe, and on to this board. Planning Director Ralph Stone said the Code specifies criteria for attached signs. Staff feels conditions related to signage apply. Building permit applications differ from occupational licenses. Property owners must determine the zoning code when applying for occupational licenses. The CRT (Community Response Team) is investigating illegal uses mentioned by Mr. Larson while performing occupational license sweeps. Some grandfathered legal and problematic uses do not comply with Code and existed legally under the previous Code. In response to a question, Mr. Stone said staff is not asking for the awning lettering or awning to be changed, In response to a question, Mr. Stone said the board can impose conditions to mitigate project impacts. The Code has no amortization schedule for signage compliance. The City wishes to improve the look of Gulf-to-Bay Boulevard and considers a mcd0899 4 08/17/99 :.. . ~ problematic use a major concern. Staff's recommendation addresses broader goals for Gulf-to-Bay Boulevard. One resident spoke in opposition. In response to questions, Assistant Planning Director Cynthia Hardin said staff had asked the applicant to propose landscaping when the application was filed. As the applicant did not submit a plan, staff proposed one. Staff has agreed to delete proposed interior landscaping due to cost and loss of parking. In exchange, the applicant was asked to add trees and height variations, texture, etc. along the street. She said most of the landscaping objected to by the applicant is on Gulf-to-Bay Boulevard. , f~) Member Petersen moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department, the information submitted by the applicant, and the testimony heard today, the application submitted by Tom and Carol Falone, III, that the Community Development Board approve the request for Flexible Development approval filed by the applicant represented by Mr. Larson for 1916 Gulf-to- Bay Boulevard, subject to staff's recommended conditions, changing Condition # 1 to: "The applicant shall remove the existing freestanding sign and replace it with a monument sign that is in compliance with the Community Development Code at a maximum height of 8 feet," and 2) staff's recommendation on the landscaping to install: 3 live oaks - 12-feet tall with 4-inch caliper; 14 Crepe Myrtles - a-Het tall with 2-inch caliper; 3 Sabal palms - 10-foot Clear Trunk; Lantana planted 28-inches OC - 2 gallon; Oleander planted 36-inches DC - 36-inches; Plumbago planted 30~inches OC - 24-inches - 30-inches; and Indian Hawthorn planted 24-inches OC - 24-inches - 28-incehs. All plant material to be Florida Grade #1. The motion was duly seconded. The meeting recessed from 2:34 to 2:43 p.m. Mr. Larson said his client has not agreed to install the Lantana, Oleander. Indian Hawthorne and Plumbago. He suggested his client could place those plants around the monument sign instead. Upon the vote being taken, Members Figurski, Gildersleeve, Moran, and Petersen voted" Aye"; Members Mazur and Plisko voted "Nay". The motion carried 4:2. Member Johnson was absent. ITEM 4 - LEVEL 3 APPLICATIONS The Laura Nail Connolly Trust petitions to amend the Comprehensive Plan's Future land Use Map from Residential Low Medium (RLM) to Residential/Office General (R/OG), and to rezone from the Mobile Home Park (MHP) district to Office (0) district. The applicant wishes to construct a 100,000 square foot "Class A" office building. A majority of the site (3.5 acres) was previously a mobile home park and the other two lots (.5 acres) are vacant. (LUZ 99-001) ....) The applicant requests approval to amend the Comprehensive Plan's Future Land Use Map from Residential Low Medium (RLM) to Residential/Office General (R/OG), and to rezone from Mobile Home Park (MHP) to Office (0). The applicant wishes to construct a mcd0899 , 5 08/17/99 t) 100,000 square-foot "Class A" office building. The property Is vacant. Nearby uses are commercial, office, a recreational vehicle trailer park, unincorporated Pinellas County with single family residential and vacant land. The significant tree canopy has trees older than 50. An arborist's survey Identifies one specimen tree stand of approximately * acre. Other specimen trees are hIghly rated high and in excellent condition. The Code prohibits clearing specimen trees and stands. This site also has historical significance as the site of initial settlements in the region, the home of the McMullen and Booth families since the 1800's, and a Native American midden, south of the subject site. An archaeological survey will be required prior to development. Excavation may be required. The site is located partially within the 100.year flood plain, and will be subject to FEMA IFederal Emergency Management Agency) and City flood plain management regulations. A wetland area is immediately to the south. The proposed land use amendment and rezoning will impact significantly on the natural environment. Due to prohibitions against some tree removal, proposed development will be difficult or impossible. The Residential/Office General designation on the Future Land Use Map has 84 vacant parcels. Only 2 are greater than 4 acres and large enough for the proposed project. The proposed zoning is more ,intense than what currently exists. .-""i':'>) .....",.,'l: Nearby houses, constructed between 1890 to 1993, include 8 houses built before 1 950 and eligible for historic designation. These properties are included in the Master Site File, Division of Archives, History and Records Management, State of Florida. Staff feels the proposed land use and zoning is incompatible with the Comprehensive Plan, which establishes an acceptable LOS (level of service) for Gulf-to-Bay Boulevard east of Highland Avenue at 0 or better. The LOS between McMullen-Booth Road and Bayview is C. The aggregate LOS from .the McMullen-Booth Bridge to US 19N is E. The proposed land use and rezoning also conflict with the County's Comprehensive Plan, which requires intensities to be compatible with environmental features and surrounding land uses. Staff recommends denial. In response to questions, Mr. Jones said the LOS from McMullen-Booth Road to Bayview is C, while the segment between McMullen-Booth Road and US 19N is E. Mr. Stone said the number of accidents in front of the subject property also was considered. In response to a questi'on, Mr. Jones said no improvements are planned to Gulf-to-Bay Boulevard at the subject site. Roger Larson, representative for the applicant and Coastal Builders, the intended purchaser, said staff's report includes several inaccuracies. A companion application requesting annexation into the City will be withdrawn if the land use amendment and rezoning are denied. Most of the property is in the County. ~ Mr. Larson reviewed aerial and computer enhanced images of the property. He disagreed with staff regarding the LOS. He said the transportation study done for his client considers Gulf-to-Bay Boulevard between McMullen-Booth Road and Hampton Road. He said the LOS on that stretch is at least C. He said staff has counted accidents incorrectly, not adhering to the formula used by FOOT (Florida Department of Transportation) and the City, The McMullen-Booth Road intersection with SR 60 does not exceed the permitted rates for accidents, even if the project is developed and land use plan modified. He said the project will not increase the accident rate and meets traffic standards in the mcd0899 6 08/17/99 ') countywide plan. Mr. Larson said the proposal is consistent with the countywide plan for future land use. He said the National Historic Registry had declined to accept nearby homes. He said corridor uses include commeiclal, offices, mobile home parks, and vacant land. It was noted the board was not provided copies of the transportation report, site plan, or other information. Mr. Larson said the staff report addressed so many issues, it was impossible to provide all relevant materials. It was stated the Code requires all , evidence to be submitted 10 days prior to the hearing. Staff indicated they have a copy of the transportation report, The site plan is not part of this application. Mr. Larson said the project will not impact on any City service. I-Ie said the applicant will try to save trees. He said it is better to save younger trees because older trees have limited life spans. He said the trees are unrelated to the zoning request. He said the impermeable surface ratio is under what is allowed under residential zoning. He said the site will have 31.7% open space, where 25% is permitted. He said the project will bring jobs to the area. He said the planned archaeological study and digging is a site consideration, not related to land use and planning. Member Moran moved to accept and file Mr. Larson's distributions: 1} packet of letters supporting the' petition and 2} a Department of Historical Resources letter indicating historic areas lie far to the south of Tampa Bay, The motion was d.uly seconded and carried 6:0. ::) '" In response to a question, Mr. Larson said the office users will come from all over. He said traffic concerns will be addressed with acceleration/deceleration lanes, appropriate traffic marking, and directional signs. Assistant Director of Engineering/Public Works Mike Quillen said the LOS between " ' McMullen-Booth' Road and Hampton Road is C, however Gulf-to-Bay Boulevard has a LOS of E between Hampton Road and US 19N, in violation of the Comprehensive Plan. Based on trip generation and distribution, little westbound traffic turns onto Hampton and most continues to US 19N. In response to a question, Mr. Quillen said staff only agrees the LOS between McMullen-Booth Road and Hampton Road would remain C. The Comprehensive Plan requires 'adjacent and nearby arterial and collector roadways to function at an acceptable LOS. Mr. Quillen said the applicant's traffic study showed distribution to the north but no reduction in LOS. Twenty people spoke in opposition of the application. Member Gildersleeve moved to accept materials submitted by residents. The motion was duly seconded and carried 6:0. The meeting recessed from 5:21 to 5:30 p.m. ,~ Mr, Larson said an office building is an excellent buffer between residential neighborhoods and high traffic/commercial areas as it is used only during the day, is aesthetically sound and pleasing, and preserves residential tranquility. It was remarked mcd0899 7 08/17/99 ~ '-") 'J that the highest and best use does not refer to financial profits. Mr. Larson said any site development will create an adverse Impact, In response to a question, Mr. Stone said the LOS between Hampton and US 19N does not prech..ide redevelopment. Staff is concerned a land use change may worsen the existing condition. The application conflicts with the Comprehensive Plan regarding impact on trees, neighborhood compatibility, and the effect of additional traffic on the LOS. Ms. Dougall-Sides said two applications have been agendaed as one item. She requested 2 separate motions be made for land use amendment and zoning/rezoning and the annexation requests. Member Gildersleeve moved the board deny case LUZ 99~001, a petition to amend the Future Land Use Plan designation from Residential Low Medium and Residential Urban to Residontial/Office General, and amend the zoning district designation of the subject site from Mobile Home Park to Office. The motion was duly seconded. Jt was stated the representative's indication that remaining issues will be worked out o~ce the land use plan amendment and rezoning is approved is unacceptable. Upon the vote being taken, the motion carried 6:0. Member Johnson was absent. In response to a question, Mr. Larson suggested the board can approve the annexation petition subject to the Commission's final decision. The Laura Nail Connolly Trust is petitioning to annex a portion of Tract A, Mayron A. Smith's Bay View Subdivision in the south half of Section 16, Township 29 South, Range 16 East and change the land use from Residential Low/Medium Density to Residential/Office General and zoning from Mobile Home Park to Office, and is petitioning to annex a portion of Lots 2 and 3, block 5, Town of Bay View Subdivision and a vacated portion of County Road 31 and change the land use from Residential Urban to Residential/Office General and zoning from Low/Medium Density Residential to Office. (AN 99-014) The applicant requests to annex all properties under common ownership into the City. The property owner owns one parcel in the City and is assembling adjacent properties to construct a 100,000 square foot "Class A" office building. The request is pending approval of the land use plan amendment and rezoning. The City will require payment of sewer impact fees, the tape fee, and utility deposit. The applicant will be responsible for costs to extend utility lines to the property. The proposal is consistent with the City's Comprehensive Plan, the Countywide Plan, and Florida Law. Staff recommends approval of: 1) annexation of Lots 1 and 3, Block 5, Town of Bayview Subdivision and the vacated portion of County Road 31; 2) the Residential Urban Future Land Use category for Lots 2 and 3, Block 5, Town of Bayview Subdivision pending Case LUZ 99-001; 3} the Low Medium Residential Future Land Use category for the vacated portion of County Road 31, south of 3035 Gulf-to-Bay Boulevard, pending Case LUZ 99-001; 4) the Low Medium Density Residential zoning district for Lots 2 and 3, Block 5, Town of Bayview Subdivision, pending Case LUZ 99-001; and 5) of the Mobile Home Park zoning district for the vacated mcd0899 8 08/17/99 '1 '~.1 .~~.../ ,~ I, portion of County Road 31, south of 3035 Gulf-to-Bay Boulevard, pending Case LUZ 99- 001. In response to a question, Mr. Jones said an enclave will not be created. In response to a question, Ms. Hardin said the City encourages annexation when requesting water and sewer services. The City would still service the property even if the property is not annexed. Member Gildersleeve moved that based on the findings and conclusions stated in the staff report prepared by the Clearwater Planning Department and by the information submitted by the applicant, the application for annexation submitted by Laura Nail Connolly Trust is consistent with the standards for approval enumerated in Section 4~604 F. of the Community Development Code, Therefore, he moved that the Community Development Board recommend to the City Commission that the annexation requested by the Laura Nail Connolly Trust at 603 Meadow Lark Lane, 3012 County Road 31, and vacated County Road 31 south of 3035 Gulf-to-Bay Boulevard be granted, subject to City Commission approval of the request for land use plan amendment and rezoning in Case LUZ 99-001. The motion was duly seconded. Discussion ensued regarding the motion. Member Gildersleeve amended the motion to reflect the recommended approval is in accordance with staff's recommendation, that the property remain zoned as is, pending the Commission's decision on Case LUZ 99-001. The seconder agreed. Upon the vote being taken, the motion carried 6:0. Member Johns,?n was absent. ITEM 5 - APPROVAL OF MINUTES OF PREVIOUS MEETING: Julv 20. 1999 Member Moran moved to approve the minutes of July 20, 1999, as submitted in written summation to each board member. The motion was duly seconded and carried 6:0. Member Johnson was absent. ITEM 6 - CHAIRMAN'S ITEMS - None. ITEM 7 - DIRECTOR'S ITEMS A. Neighborhood Service Presentation - Postponed. B. ' Modification of standard motions Staff submitted shortened versions of standard board motions for review and an updated list of staff, accepted by the board as expert witnesses in thE:!ir fields, It was requested the problematic use issue be revisited. Discussion ensued regarding the use of documents, such as old property surveys belonging to others. It was remarked since those documents are public documents, they can be copied and submitted along with applications, presentations, site plans, etc. Ms. mcd0899 ' 9 08/17/99 :t"...t:.~ ,!~I.'). . ". , " .' . . .. . " "..~,". ,.' c .' " '.. ,::,,', :,J,::> " " , I: . !f;.c;>:;, '". '.;.". ". <, , ."i ~ . .;. ): , Dougall-Sides said, an attorney general opInion Indicated signed and sealed engineering , , drawings can be copied. Staff does not police the use of documents, but is required to make co'ples for citlzBr,ls. ' fn response to a question, staff indicated the City does not develop site plans or design landscaping. Today, due to an applicant's refusal to submit plans, staff had volunteered to make suggestions regarding landscaping. ;..,.,') " ." '{'~ , , In response to a question, Mr. stone reported his meeting with a Pinellas County School Board representative regarding telecommunication towers. ~ ' Concern was expressed those wishing to appeal a residential staff decision are charged $389. Staff will bring back a recommendation. ITEM 8 - ADJOURNMENT The meeting adjourned at 6:20 p.m. I '. CIl ' Community Development 80 r ..",~ . .. " . . ' c. \....""....r' Attest: ~1dct JnOJeO , Board Reporter" . '" "::) mcd0899 10 08/17/99