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10/05/1999 (2) , , , , ...'~ ..../. ' ',','::' . ' ' ~'w~ ~,;;,\~>::,; ',C, : .', ~ ::~I:,),?~,;,:P~~,~; ;~!~t~:"" >>' ?::>,::,:~,,,,;:...: :,,: .' ::' i"~ '. . . . "'. . , , ,C:ommunity Development Board Meeting MINUTES " h",' .. =:..' " . \~ ".' . : ',' . 'II' I .i' .' ~ '..' " ",' .' Ct. . ,J . . .' , ~ ~.' . .' ... I '/. ., '.' ~ . .;. ,'.. , .,J:': ,e'>: .:". ': .. \) .."> ',. , " ~c: .:: . ~.: '. fP. -', ".' '. .. , ~,:.. '.,' . l' W,;:,., ," ;:: , , ,,':';, , ' ,\ ,j;;; ,:' $".,:', " c' ..t, : ' '. . . . . . + , ' I '\: ~__"I .' .. , ' '/.... '. ~J"~",;',".: " , ,', ." . . i.~ .." '1'. ~'. ,> f),:.:.", , ~'l.~~~: '", .' ~ .' ' ;. f1::',':> Date ' '. /',. c c.' > : ~ " > < . ;. ~ :J, :' ,: , . . .. q;'. .' , . I ,..' . ., ~ : .- "", " , , , ,I .. l' I '. . .". [I , . ~, I .. .. ,I . \ <: . < 'I ,.' . {, ~ .' .' 'i :' ?, \. , , {!'>.", ' 'r;":; .' . < ~;, ,: :.:. ~> ":~' ' , ' , ,; , .. , , '.. I .. , J' COB ,') Oc-l-ober 5 J /q'l'L , , , . '/" . ", /, ' . ': . j I 1 I i , i I I , i ;J4gej . '.' I " .' . , . . . .',.', . . ' , '.' ,. " '. '. . .. . .,' . .' : ..~ . '. . "I: ;', '. . " ~ . '': " .. ,AlII. , ,r",~' " , , , '-) '-, ' :::;; r ": COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER October 5, 1999 Present: Gerald Figurski Edward Mazur, Jr. David Gildersleeve Shirley Moran Carlen A. Petersen Alex Plisko William Johnson Chair Vice Chair Board Member Board Member Board Member Board Member Board Member " Also Present: Leslie Dougall-Sides Ralph Stone Cynthia Hardin Gary Jones Mark Parry Etim Udoh Brenda Moses Assistant City Attorney Planning Director Assistant Planning Director Senior Planner Planner Senior Planner Board Reporter The Chair called the meeting to order at 1: 14 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 are in agenda order although not necessarily discussed in that order. ITEM 1 - REQUESTS FOR CONTINUANCES ITEM 2 - CONTINUED ITEMS A. Discussion of Revised Motions Assistant Planning Director Cynthia Hardin reviewed recommended COB (Community Development Board) motions to simply the process during meetings. She suggested that motions be based on the testimony and be very clear as to what data the decisions are based upon. Decisions made regarding land Use Plan Amendments, rezoning applications, and annexation requests are recommendations to the Commission. Generally conditions are not attached to those motions. If the recommendation differs from the staff recommendation, it is suggested that the COB list the specific recommendaticms being made. A. Review of Conditional Use Approval of Maiestik. 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. (Continued from'the August 17, 1999, meeting.) mcd 1 0899 10/05/99 , ' ~ Ms. Hardin said the applicant is out of the country and has requested a continuance to the, October 19, 1999, meeting. Member Gildersleeve moved to continue rtem 28 to the October 19, 1999, meeting. The motion was duly seconded and carried 7:0. , In response to a Question, Ms. Hardin said this is the second request for continuance. B. William and Hope Georoilas (American Infoane. LLC. Anent) are requesting flexible development approval of a communication tower at 605 Virginia Lane. (Continued from the July 20, 1999, meeting.) Planning Director Ralph Stone said this application was continued on July 20, 1999. The request is for flexible development approval of a communication tower at 505 Virginia Lane. Mr. Stone met with Jim Miller, Director of Real Estate for the Pinellas County School Board to discuss the cell tower at Clearwater High School. Mr. Miller indicated that the School Board was aware of this application. John Feraca, Chief of the Pinellas County Campus Police Department, had sent an August 18, 1999 letter, to American InfoAge representative Miller Cooper indicating that the School Board had no plans to modify any School Board towers or monopoles. Planning staff followed up with a phone call to Mr. Miller at the School Board to confirm the information in Mr. Feraca's letter. :) After the COB packets were mailed, the City Manager requested this item be continued to the Novemberl 6, 1999 meeting to give him the opportunity to meet with School Board Superintendent Howard Hinesley to discuss options. Staff feels use of the Clearwater High School tower should be evaluated thoroughly prior to approval of an alternative site. Assistant City Attorney Leslie Cougall-Sides said the Telecommunications Act refluires local zoning authorities to act on an application within a reasonable period of time. It was remarked that the COB had previously questioned if the applicant had contacted churches within a specific area. It was requested staff supply the COB with a graphic indicating locations of local churches. John Hubbard, representative, is opposed to any further postponement of the case. He said he was informed late yesterday of staWs request for continuance. ihe application, filed in May 1999, was postponed in July, 1999 to substantiate the availability 'of the Schoof Board tower. He said the Code does not allow staff to contact the School Board, etc. about possible sites for the applicant. He said City staff was charged to review alternatives at that time. He suggested to postpone the case is grossly unfair. His client's business is collocation. He said the postponement to permit staff additional research time will not make any difference in the case. He referenced the section of the Code relating to telecommunications towers. He said his client is encouraging joint use new towers. GTE had reviewed the School Board site in 1996. <.J Mr. Hubbard said staff is not adhering to code requirements to enhance the ability of telecommunication services providers to furnish such services within the City quickly, effectively, and efficiently. Delays provide AT&T with a competitive mcd 1On99 2 10/05199 ~ advantage. He said the code forbids the City' from discriminating against providers of functionally equivalent services. He said postponement or denial will prohibit the provision of competitive personal wireless services. Mr. Hubbard said Section 3- 1 21, subparagraph B states that joint use of existing towers or structures is required when feasible. He referred to Pate Engineering's January 3, 1996, letter indicating reinforcement of the School Board cell tower is unfeasible. The Code refers only to "existing" towers. He noted the only area cell tower belongs to the School Board and cannot accommodate other service providers. In response to a question, Ms. Dougall-Sides said school facilities normally are exempt from City building permitting and zoning decisions. She said Subsection G of the ordinance requires the applicant to demonstrate other legitimate limiting factors render existing towers and structures unsuitable. Churches can be considered "structures.". It was requested that the letter from Pinellas County Schools Campus Police Chief Joseph Feraca to Miller Cooper of American InfoAge dated August 19, 1999, be clarified at the November meeting. It was noted that no witnesses from Pate Engineering, Inc. were present. Member Moran moved to continue Item 2C to the November 16, 1999, COB meeting, at which time the COB will make a final decision. The motion was duly seconded and carried 6:1. Member Gildersleeve voted "nayll. ITEM 3 - LEVEL 2 APPLICATIONS ',J A. Morton Plant Mease Health Care represented bv John E. Powell of King Engineering is requesting flexible development approval of a Comprehensive Redevelopment Infill Project for property located at 323 Jeffords Street. J The applicant is requesting flexible development conceptual approval of an institutional infill project with a conceptual site plan proposal at 323 Jeffords Street. Morton Plant received a master plan approval from the Commission in 1995 pursuant to the former land Development Code. The new Community Development Code designates this property as the Institutional zoning district in which a hospital is a standard use with a minimum five acre lot size. While the Morton Plant site is substantially greater than five acres, the hospital proposes to revise the setbacks and buffers shown on the 1'995 master plan. The conceptual plan does not include all of the detail regarding landscaping and other design standards that is normally expected with a Comprehensive Infill Redevelopment project, however, the detailed site plan will be returned for review by the CDS upon preparation by the applicant. Morton Plant proposes to construct a renovated and expanded emergency center, associated parking, and drainage. The general location of the emergency center and parking area are consistent with the 1995 master plan. The master plan contemplated a three-story parking garage and,the current proposal is to replace the garage with an at~grade parking lot in the same general location. The deviations from the 1995 master plan include: 1) reducing the Jeffords Street setback for the emergency room from the approved 25 feet to 8 feet, and 2) reducing the Jeffords Street setback and landscaping buffer for the parking lot from the approved 15 feet to 5 feet. The Ft. Harrison setback and landscaping buffer for the parking lot will remain at the master plan approval of 25 feet. The proposed project also requires vacation of Bay Avenue, relocation of utility lines, improvements to Reynolds Street, mcdIOn99 3 10/05199 . ..". '.' ..... '; . .. " ", '". \ :. ~~},~~,. ~. .':!: , " '. ~ and the purchase of parcels within the project area that are privately owned. Morton Plant is in compliance with the maximum development potential standards of floor area ratio and impermeable surface ratio. Based on the application, the proposal is in conceptual, compliance with the standards and criteria for Flexible Development approval, with the maximum development potential, and with all applicable standards of the Community Development regulations. Therefore, staff and the Development Review Committee recommend approval of the conceptual site plan submitted by Morton Plant Health System for a Comprehensive Infill Redevelopment Project at 323 Jeffords Street with the following deviations from the 1995 master plan: 1)) reduce the Jeffords Street setback for the emergency room from the approved 25 feet to 8 feet, and 2J reduce the Jeffords Street setback and landscaping buffer for the parking lot from the approved 15 feet to 5 feet. The conceptual approval is also conditioned upon a requirement that within six months from the date of this approval, Morton Plant shall submit detailed site plans and elevations, final landscaping plans, and drainage calculations to the Planning Department. The Development Review Committee and the CDB shall review the plans and the COB shall have the authority to make a final decision on the Conceptual Infill Redevelopment project. (t was noted that due to the complicated nature of ' the underground utilities, staff felt the best alternative was to present a conceptual plan to the COB, as opposed to the normal detail presented for a Flexible Development application. , ,,-. ,-) Mark Marquardt, representative, presented an overview of the project. The new design will be more neighborhood-friendly. The current emergency room is inadequate to meet the needs of the community. He said the entrance to the emergency room will be relocated substantially east of its current location at Reynolds Avenue, and further from the residential area north of jeffords Street. He said same buildings will be removed to provide a clear view of the emergency room. Meetings have taken place between Morton Plant and adjacent homeowners. He explained the differences between previous designs and the one being proposed. He said staff's recommendation that the applicant submit detailed plans within six months, from the date of this approval is acceptable. Planning Director Ralph Stone said since more narrow setbacks are being proposed, staff has informed the applicant that an improved quality of landscaping will be required. Member Johnson moved that based on the staff report and testimony at this public hearing, approval of this application with the conditions as shown in the staff report. The motion was dulV seconded and carrjed 7:0. The Chair noted this is a conceptual approval. ITEM 4 - LEVEL 3 APPLICATIONS LAND USE PLAN AMENDMENTS AND REZONING A. Sandy Buettner is reouestina a level Three aooroval for 2561 Nurserv Road to change the Future Land Use Map from Residential/Office General to Commercial J General and rezone from the Office district to Commercial distri,ct. LUZ 99-07-02 mcd 10099 4 J 0/05/99 .,....):/L"j. ,,' '.... ",jl ~ The applicant is requesting a level Three approval for 2561 Nursery Road to change the Future land Use Map from Residential/Office General to Commercial General and rezone from the Office district to Commercial district. The owner wishes to bring the entire 2.6 acre parcel under the same land use and zoning classification of Commercial. A .56 acre portion of this parcel currently has a Residential/Office General land use and Office zoning classification. The property is currently vacant. The existing surrounding uses include a mobile home park, retail and gas station to the north of Nursery Road, a fast food restaurant adjacent to the east, offices immediately adjacent to the west, and commercial property immediately adjacent to the south. The proposed land use amendment is compatible with surrounding uses due to the similarity of existing uses with the proposed land use. This request pertains only to the .56 acre portion of the parcel. The City's Comprehensive Plan Future land Use policy 3.2.2 supports the proposed amendment by stating that commercial land uses shall be appropriately located at the intersectior of arterial or collector streets and should be cited in such a way as to minimum thf intrusion of off-site impacts into residential neighborhoods. The proposed amendment is consistent with the City-wide and County-wide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of the public services, is compatible with the natural environment, and consistent with the development regulations of the City. The Planning Department recommends approval of the following actions on this application: 1) amending the Future land Use Plan designation of the subject site from Residential/Office General to Commercial General, and 2) amending the zoning district designation of the subject site from Office to Commercial. ',' ,,~ 'T......,...) Brad Messick, representative said the majority of the parcel is already zoned commercial. The owner's objective is to unify the parcel and zoning by changing the. 56 acre that fronts Nursery Road from Office to Commercial. This change will stimulate growth in the area, allowing various types of businesses to invest in the property, and provide additional tax revenue for the City. He said there are no existing developmental plans for the parcel at this time. Four persons spoke in opposition of the application. In response to a question, Senior Planner Gary Jones said Nursery Road is a road level of service B. US 19 is a long term concurrency management congestion corridor which means that the applicant will encounter scrutiny in the development review process. Without concurrency mitigation measures, they can only d~velop a 50% FAR (floor area ratio), or a maximum of 6,708 square feet, limiting the density at the .56 acre site, subject to meeting applicable parking, setbacks, landscaping, etc. He said this parcel is subject to the County ordinance regarding the US 19 congestion management corridor, as it is within one quarter mile of US 19. It was noted that a different owner owns the parcel fronting US 19. The .56 acre parcel being proposed rezoned commercial fronts Nursery Road. u Mr. Messick said the retention pond serves the leCher Professional Office building, but is unsure if it serves MacDonald's. The .56 acre portion is larger than the retention pond. incd ) On99 5 ) 0/05/99 I I t ! I 1 ! ,[ , '. , ,) , . In response to a question, Ms. Hardin said uses are allowed In the Commercial District that are not permitted in the Office district. With the current configuration and the only access and frontage on Nursery Road, no allowable use has been found for this parcel. If an allowable use is found, the commercial use will require a 1 35-foot setback, and will lose the visibility on the onl}' street available. Therefore, staff has determined it to be reasonable to combine the two parcels and rezone the .56 acre parcel Commercial. The retention pond could be relocated to accommodate development. She said should the COB deny the request, a waiting period of one year for future development wilt apply. Staff will supply the CDS with information regarding if this parcel was included in the approved site plan when the LeCher Professional Office center was developed. , mcd 1 0099 6 10/05/99 Member Gildersleeve moved to table the item to the end of the meeting to afford staff time to research if this parcel was included in the approved site plan when the LeCher Professional Office center was developed. The motion was duly seconded and carried 7:0. " , Staff requested the case be continued to the October 19, 1999, meeting. Member Gildersleeve moved to continue Case LUZ 99-07-02 to the October 19, 1999, meeting. The motion was duly seconded and carried 7:0. ANNEXATIONS ,"' , A. Townsend Construction. Inc. is reQuestina annexation into the City of Clearwater for property located at 1426 Sunset Point Road. The land use designation is Residential Urban, and the zoning will be Low Medium Density Residential. ANX 99-08-15 The applicant requests annexation for property at 1426 Sunset Point Road to received water and sewer service. The subject site is vacant. Upon annexation, the owners propose to construct a single family residential home. This annexation will result in reducing the number of existing enclaves in the subdivision. The owners also request approval of appropriate City land use plan category and zoning district. The applicants paid the required sewer impact fee of $900 on August 9, 1999. The applicants also will be responsible for the tap fee, utility deposit, and the cost to extend the lines from the right-of-way across the property to the structure. There will be no adverse effects on City services. The proposed annexation and proposed use is consistent with both the City's Comprehensive Plan, the County-wide Plan, and Florida Law. The property will meet the minimum lot size requirement of the Low Medium Density Residential zoning (LMDR) district. The Planning Department recommends: 1) approval of annexation of property at 1426 Sunset Point Road; 2) approval of the Residential Urban Plan category pursuant to the City's Comprehensive Plan; and 3) approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. :J , Member Mazur moved that based on the staff report and testimony at this hearing, that the Community Development Board recommend to the City :'0.1 ::,.,,:..':+.........:..:..\.~. ....:..~......I....:/..:..... L1,' t'.",l.j.,' .', I.~'.. ':':."T:-~ ".,." .' ,.... ..... , . , ' -- Commission approval of Case ANX 99.08-15. The motion was duly seconded and carried 7:0. A. Marie Seiter is reauestlm:J annexation in to the City of Clearwater for property located at 2838 State Road 590. The land use designation is Residential Low and the zoning will be Low Medium Density Residential. ANX 99-08-16 :-...., , The applicant requests annexation to obtain water and sewer service and approval of the appropriate City land use plan category and zoning district at 2838 State Road 590. The property will have a land use plan designation of Residential Low and it is proposed to be zoned Low Medium Density Residential (LMDR). This annexation will result in reduction of the number of existing enclaves in the City. There will be no adverse impacts on City services. The subject property was created as a separate ownership before 1982, making it legally nonconforming with regard to lot area and lot width for the LMDR zoning district. No new construction is proposed at this time. However, should the owner decide to construct any new building at this site in the future, compliance with current conditions applicable to development in this area would be required. The applicant has paid the applicable sewer impact fee of $900 and is aware of the additional estimated cost of $800 to extend a sewer line to the site. fhe proposed annexation and proposed use is consistent ,with the City's Comprehensive Plan, the County wide plan, and Florida law. The Planing Department recommends: 1} approval of the annexation of the property at 2838 State Road 590; 2) approval of the Rosidential Low plan category pursuant to the City's Comprehensive Plan; and 3) approval of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. Member Mazur moved that based on the staff report and testimony at this hearing, that the' Community Development Board recommend to the City Commission approval of Case ANX 99-08-16. The motion was duly seconded and carried 7:0 A. Mr. & Mrs. William Goris are reauestina annexation into the City of Clearwater for property located at 2729 & 2733 SR 580. The land use designation is Residential/Office General and the zoning will be Office. ANX 99-07-03 o The applicant requests annexation to obtain water and sewer service and approval of the appropriate City land use plan category and zoning district at 2729 SR 580. This annexation involves two lots (Lots 6 & 7) with a combined area of 14,400 square feet or 0.33 acres of land which the applicants wish to bring into the City so that the site can be more conveniently developed under the City's Office zoning district. The subject site is vacant. Upon annexation, t he owners propose to construct a 4,000 square foot two~story office building. The applicants intend to construct a private pump station and a force main through a proposed side easement on Lot 1 2 and to connect it into the existing manhole at Daniel Street. They will be responsible for the cost of construction. The' applicants are aware of the applicable sewer impact fees of $900. The sewer impact fees will be paid at the time of issuance of a building permit at the time of development. Payment of the tap fee and utility deposit for the proposed office construction also will be mcd lOa99 7 10/05/99 ITEM 5 - APPROVAL OF MINUTES OF PREVIOUS MEETING: AUGUST 17, 1999 -'. , , :~. 4 t l~' , . /, {" ' t;) required. There will be no adverse impacts on City services. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and Florida Law. The two lots when combined will meet the minimum lot size of' the Office zoning district. The Planning Department recommends: 11 approval of the annexation of the property at 2729 & 2733 State Road 580; 21 approval of the Residential/Office General plan category pursuant to the City's Comprehensive Plan; and 31 approval of the Office (O) zoning district pursuant to the City's Community Development Code. Member Mazur moved that based on the staff report and testimony at this hearing, that the Community Development Board recommend to the City Commission approval of Case ANX 99-07~03. The motion was duly seconded and carried 7:0 Member Gildersleeve moved approval of the minutes of the August 17, 1999, meeting as submitted in written summation to each board member. The motion was' duly seconded and carried 6:0. Member Johnson was absent at the August meeting and abstained. ITEM 6 - DIRECTOR'S ITEMS '~""\ " ) .....--- 'A. Neighborhood Services Presentation. Presenter: Tom Mudano, Neighborhood Services Manager ' Mr. Stone said this item will be continued to the next meeting. B. Discussion of Residential Appeal Application Fee Mr. Stone said a proposal to reduce fees to $100 for appeal application fees will be presented to the Commission at the October 24, 1999, meeting. C. Discussion of December Meeting Schedule Consensus was to schedule a Christmas luncheon at 11 :30 a.m. on December 14, 1999. The regularly scheduled December COB meeting is rescheduled to December 14, 1999, at 2:00 p.m. at City Hall. Staff noted the internal application deadline will be moved up to October 21, 1999. ,:) mcdl0a99 8 , 10/05/99 '".1, i ,I, >, ." Y::;..;",:,} ::I,,;:.',;~,;;~:,t~.';~~;'F:):} .;i;', " ,:,'<,:;':,.:':;: '/.:,~, ::. ~J,:~.~:l} ~"'"lL: ';.~ :".\" J<,' .'h,-~, ,../. .\,t....t ~~il;:l~c::~:;~y~F;l:;"F'Vx.' /, '.! ;.. >(::)''''. [f .. \ _t' , ',,:: ~', : .>~~ ~ ,'.r;..~ . ;, ,,' " I .', , ' ',' '" ~y ~:'o" . , , " ;. . . '..-'1. ~"rJ. \~f1"< ,......,..:, '., . ITEM,' ADJOURNMENT ',{ 'J' The meeting adjourned at 3:30 p.m. . . . ~ . ,\~ >. ': ,} ,<jl , , ',' ,,' Attest:' , 'lf3 ' " !JiliJ ~oard Reporter air' Community Dev,elopr:nen do,)r;mw ,'. " II'. ,,' " ;' }:::': :i; ~. ." i\,,-:~, (::"0 ~~:~: n' . ). ! "'. ',' } , " ;F' ,,'J , ' 'c'" '" " '.. I " '. ", , I " , .' ,,' , . \ " .\ '. ,( " ," , > ,L t..,. q. '.' , , i-':'<C)."::i,: " .. / mcd 10a99' 9' 10/05/99 :.