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" ',' ACTION AGENDA COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER September 18, 2001 Meeting c,alled to order at 2:00 p.m. at City Hall , ITEM A - APPROVAL OF MINUTES - 08/21/01 ACTION -APPROVED AS SUBMITTED - 7:0 ITEM B . CONSENT AGENDA - APPROVED AS SUBMITTED - 7:0 . Item #81 -,1312 State Street: Clearwater Villaae L.C - Owner/ Aoolicant. Request annexation of- O. 14 acre to Clearwater and Land Use Plan Amendment, to RLM (Residential Low Medium) and rezoning to MDR (Medium Density Residential O'istrict) at the southerly 71 feet of Lot 10, E.A. Marshall Subdivision, less the westerly 240 feet with condition that any single.family residence constructed complies with Code. (Level Three Application) ~NX 01-07-13 (Recon.mende~ Approval) Item #B2 - .1015 RldQe Avenue: Don Strom - Ownerl Aoolicant. Request annexation of 0.17 acre to Clearwater and Land Use Plan Amendment to RU (Residential UrbanI and rezoning to LMDR (Low Medium Density Residential District) at Lot 9, Block 5/ Highland Pines Subdiv'ision, toge~her with abutting right-at-way. (Level Three Application) ANX 01.07.14 (Recommended Approval) ITEM C - REQUESTS FOR CONTINUANCE/RECONSIDERED ITEMS. Item he1 - 2666 N. Terrace Drive: Donna J. Wellman. Ownerl Aoolicant. Request , annexation of 0.21 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and rezoning to LMDR (Low Medium Density Residential District) at Lat 4/ Pinellas Terrace Subdivision, together with the right-at-way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace. ATA ANX 01.07.15 ACTION - CONTINUED TO 10/16/01 - 7-0 Item #C2 - 2672 N. Terrace Drive: Elizabeth Gllss'on - Owner/ Applicant. Request 'annexation of 0.21 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and rezoning to LMDR (Low Medium Density Residential District) at Lot 5, Pinellas Terrace Subdivision, together with the abutting right-at-way of North Terrace Drive. ATA ANX 01-07.16 ACTION - CONTINUED TO 10/16/01 - 7-0 . a'cd090 1 1 09/18/0', 1,,' ~""1/'''",+", " ~'.'~"~"'\.' cc, ~\'. ~';'i;,::.,~,,:,:f;.t.:: .L><,!,.IL.~'l'" ',..~::!.'.'~r' "):':<;':,.c'" -::'\~:'"'~." ~':.; .>~"l.'c'~', c',. ',~;.'~'~.:'", ":',::/;~'j~'j~:.~'...~;"'~, :~'.~,i, ..', . ' , : ~ '!:~' ~, '~~.-.~ " j",'. :1.. ,. . , . t . ' . ,'I' . , ., , , t. > , > , :'/0 ' . ", ....0 ' ' " . I.. I " . '.,l ,. ' }, \ '., , !"~:' '.',:'l ' . \ . . , . , . . .' '+ '. ~ '. l, 1 ..' '/ , " ,;,' " c ~ ~ , I I t f . 1 ! ( ,Item #C3 - 2678 N. Terrace Drive: Alicia A. Medeiros - Ownerl Applicant. Request , annexation of 0.2,1 acre to Clearwater and Land Use Plan Amendment to RL (Residential Low) and rezoning to LMDR (Low Medium Density Residential District) at Lot 6, Pinollas , . Terrace Subdivision, together with abutting right-of-way of North Terrace Drive. ATA ANX .01-07-17 " ACTION - CONTINUED TO 10/16/01 - 7-0 Item #C4 - 26'84 N. Terrace Drive: Pamela Rakes (former owner Monika Smolarczvk) - Ownerl Aoplicant. Request annexation of 0.32 acre to Clearwater and Land Use Plan Am'endment to RL (Residential Low) and rezoning to ,LMDR (Low Medium Density . Residentia) District) at Lot 7, Pinellas Terrace Subdivision/ together with abutting right-ot- way of North Terrace Drive,' ATA ANX 01-07-18 I I .j i ! , j I I I ACTION - CONTINUED TO 10/16/01 - 7-0 Item #C5 - 1245 'Hercules Avenue: Sabadash Enterprises. Inc.- Owner/ Applicant. Request annexation ot 0.53.acre to Clearwater and Land Use Plan Amendment to IL , (Industrial Limited) and rezoning to IRT (Industrial, Research & Technology District) at a portion of Section 12/ Township 29 South, Range 15 East. ATA ANX 01-07-19 ACTION - CONTINUED TO 10/16/01 - 7-0 ITEM D - LEVEL THREE APPlICA liONS - None. ITEM E - LEVEL TWO APPLICATIONS - None. . ITEM F .:- DIRECTORS ITEMS Item #F1 - Sunshine Law. Ex Parte Communication. etc. ACTION - REVIEWED . CDS Workshoo - Code discussion ACTION - SCHEDULED FOR 10/26/01 ITEM G - ADJOURNMENT - 3:11 p.m. Bcd090 1 '2 09/18/01 .' , ,. 'f) , -:. COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER September 18, 2001 Present: Gerald Figurski Carlen A. Petersen David Gildersleeve Edward Mazur, Jr. Shirloy Moran Alex Pliska Ed Hooper Frank Hibbard , " , Also Present: Le~lie Dougall-Sides Cynthia Tarapani , Lisa L. Fierce Patricia O. Sullivan 'I .' ~ Chair Vice Chair Board Member Board Member Board Member - (departed 3:00 p.m.) . Board Member . Board Member Alternate Board Member (Non-voting) Assistant City Attorney Planning Director Assistant Planning Director Board'Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. ,To provide continuity for research, items are in agenda order although not necessarily discussed In that order. o ITEM A - APPROVAL OF MINUTES Member Petersen moved to approve the minutes of the regular meeting of August 21, 2001, as recorded and submitted in written summation to each board member. The . motion was duly seconded and carried unanimously. ITEM B - CONSENT AGENDA (Items #81 and #82) - Approved as submitted. Consent Agenda items are not contested by the applicant, staff, neighboring property owners, etc. and may be approved by a single vote at the beginning of the meeting. Item #B1 - 1312 State Street: Clearwater Village L.C - Ownerl Applicant. Request annexation of 0.14 acre to Clearwater and Land 'Use Plan Amendment to RLM (Residential Low Medium) and rezoning to MDR (Medium Density Residential District) at the southerly 71 feet of Lot 10, E.A. Marshall Subdivision, less the westerly 240 feet with condition that any single-family residence constructed complies with Code. (Level Three Application) ANX 01-07-13 ' The property owner has requested this,annexation of 0.'4 acre to receive City sanitary sewer services. The City has provided water service to this property since July 22, 1987. The property will have a land use plan designation of Residential Low Medium. M,edium Density Residential (MDR) zoning is proposed. The site is vacant. One single- family residence would be permitted on the site. mcd0901 1 09/18/01 ('::'4 ~ \. ". I L' "I':" I:' <~ I"'-::~ ", ~'..I "1 I'" "/ . - u :. I I' c'.: : ;..~; '~_,~~.fJ I~ ~ . . '. I, \' ..",.' :", :-',.; "'" .... .' ~ r . ", . j <<, ~ .'"" " ~ ,'. '~~) ""...~ "' :') ''"-' .1 The proposed annexation can be served by all City of Clearwater servIces without , an adverse effect on service levels. The applicant has paid the $ 900 sewer impact fee' and Is, also aware of connection costs. . The proposed annexation and use is consistent with the Comprehensive Plan and Countywide Plan regarding Future land Use Map, goals, and policies. The property can meet dimensional requirements of the MDR district of the Code. The proposed annexation is consistent with Florida law regarding municipal annexation through Its adjacency with existing City boundaries and its compactness. Staff recommends approval with ,condition. AND Item #82 - 1015 Ridcre Avenue: Don Strom - Owner; Applicant. Request annexation of ' 0.17 acre to Clearwater and land Use Plan Amendment to RU (Residential Urban) and rezoning to lMDR (low Medium Density Residential DistrIct) at lot 9, Block 5, Highland Pines Subdivision, together with abutting rlght~of-way. (level Three Application) ANX 01-07~14 The property owner has requested this annexation of O. 1 7 acre to receive City sewer service. The City has provided water service to this prop'erty since February 23, 1 989. The property will have a land use plan designation' of Residential Urban. low Medium Density Residential (lMDR) zoning is proposed. The subject site features a single family residential home. The annexation includes the abutting right-at-way along Ridge Avenue. ' The proposed annexation can be served by all City services without an adverse effect on service levels. The applicant has paid the $900 sewer impact fee and is aware of additional connection costs. The annexation and existing u,se is consistent with the ~omprehensive Plan and Countywide Plan regarding the Future land Use Map, goals, and policies.' The property can meet the dimensional requirements of the lMDR district of the Code. The proposed annexation is consistent with Florida law regarding municipal ann'exation 'through its adjacency with City boundaries and its compactness. Staff recommends approval. ' Member Petersen moved to approve the Consent Agenda as submitted. The motion was duly seconded and carried unanimously. ITEM C - REQUESTS FOR CONTINUANCE/RECONSIDERATION Item #C1 - 2666 N. Terrace Drive: Donna J. Wellman - Ownerl Applicant. Request annexation of 0.21 acre to Clearwater and land Use Plan Amendment to Rl (Residential low) and rezoning to lMDR (low Medium Density Residential Districtl at lot 4, Pinellas . Terr'ace Subdivision, together with the right~of-way ot North Terrace Drive abutting lots 1-4 of said Pinellas Terrace. ATA ANX 01-07-15 AND mcd0901 2 09/18/01 :f .., I ." " ~ '. ' i ... " , . h'1:;'~ (~~ .J,,;.~;.- (J' . ! .';'j ," ". , , . , " " ,. ~:. ,+C, Item #C2 - 2672 N. ,Terrace Drive: Elizabeth Glisson - Ownerl Aoolicant. Request . annexation of 0.21 acre to Clearwater and land Use Plan Amendment to Rl (ResidentIal , , Low). and rezoning to lMDR (low Medium Density Residential District) at lot 5, Pinellas Terrace Subdivision, together with the abutting right-of-way of North Terrace Drive. ATA ANX 01-07-16 . AND Item #C3 - 2678 N. Terrace Drive: Alicia A. Medeiros - Ownerl Aoolicant. Request annexation of 0.21 acre to Clearwater and land Use Plan Amendment to Rl (Residential Loyv) and rezoning to lMDR (low Medium Density Residential District) at lot 6, Pinellas Terrace Subdivision, together with abutting right-of-way of North Terrace Drive. ATA,ANX 01-07-17 I , I I , I 'I 1 AND Item #C4 - 2684 N. Terrace Drive: Pamela Rakes (former owner Monika Sniolarczvk) - Ownerl Aoolicant. Request annexation of 0.32 acre to Clearwater and land Use Plan Amendment to Rl (Residential low) and rezoning to lMDR (low Medium Density Residential District) at Lot 7, Pinel1as Terrace Subdivision together with abutting rlght-af-way of North Terrace Drive. ATA ANX 01-07-18 AND Item #CS - 1245 ~Iercules Avenue: Sabadosh Enterorises. Inc.- Ownerl Aoolicant. Request annexation of 0.53 acre to Clearwater and land Use Plan Amendment to Il (Industrial Limited) .and rezoning to IRT (Industrial, Research & Tec~nology District) at a portion of Section 12, Township 29 South, Range 15 East. A T A ANX 01-07-19 , Items HC1 through #C5 were continued due to advertisement errors. Member Gildersleeve moved to continue Items#C1, IIC2, nC3, #C4, and #C5 to October 16, 2001. The motion was duly seconded and carried unanimously. , ITEM 0 - lEVEL THREE APPLICATIONS - None. ITEM E - LEVEL TWO APPLICATIONS - None. ITEM F - DIRECTORS ITEMS Item /lF1 - Sunshine Law, Ex Parte Communication. etc. Planning Director Cyndie Tarapani stated the Septe~ber 14, 2001 workshop a'ddressing Code issues, canceled due to inclement weather, has been rescheduled for .october 25, 2001, at 12:30 p.m. at the Municipal Services Building. lunch will be served. mcd090 1 . 3 09/18/01 , . .. ".. .... ~ .. . .' .. ~. . ' .' ~ ',' < ~ ," : t, . . 'j:.!"\, L l, .:'1.' . ..." .", -Lv', .:~ , ~ '. ;'f . '''', <J , I :'.~, i y . Reg'arding CDB '(Communlty Development Board) decisions, Ms. Tarapani requested board members state reasons for their support of, or opposition to an item, especially when residents in attendance' have vocalized concerns. She said member statements prior . to a vote would address neighbor concerns and assist City legal representation should the , item be appealed. Assistant Planning Director Lisa Fierce said the format of staff reports has been changed to include basis for approvaL She suggested the basis be stated as a part of motions for approval. .Assistant City Attorney Leslie Dougall-Sides requested board members state the criteria they use to base their decisions, such as the project's . consistency with the Comprehensive Plan, when approving Level Two and Level Three items. i i It was requested staff reports reference the Code statute, which supports staff recommendations. Ms. Tarapani said when the board prolongs input from specific speakers, some audience members feel it is unfair that their own comments are limited to three minutes. , 'She requested members call the staff member listed on the staff report, herself, or Ms. Fierce' regarding related' questions or concerns, Discussion ensued regarding extending the allowable time for speakers who represent groups. Concern was expressed a group can have as few as two members, the . COB cannot stop other group members from also addressing the board, etc. Suggestions . . , included requiring group representatives to provide a list of those they represent, allowing p~rsons on the list to speak for one minute, declaring a group spokesperson, and following . City Commission direction regarding this issue. Ms. Dougall-Sides reviewed rules and violations related to the Sunshine Law Statute . and ex-parte communications. She indicated members can abstain from a vote, only if they have reported a conflict of interest. In response to a question, Ms. Dougall.Sides said members should forward written communications they receive to staff so the communications become a part of. the record. Members should be circumspect when speaking about matters coming before the board and disclose if they have participated in such a conversation. She recommended members not discuss upcoming issues with others but wait to disclose their position on an issue only at the appropriate meeting. In response to a question, Ms. Dougall-Sides said board members could discuss' privately issues more than 30 days after a decision, as long as the item has not been appealed. The law forbids members from passi!1g information to another regarding their , opinion on an item. In response to a question, she said speakers who are not party to an action can not be cross-examined. It was suggested questioning of a speaker should be allowed to clarify an issue. mcd090 1 4 09/18/01 " ;," _/ . . .. . ." I' , '. . I J" . :.' ',' j' 'J. r .' ,:C{i\:i\".':>;; ;,:,:,:',,', ',.', , . ~ ~ 1 : I ~ i:,'\ ," ::>.,..: I ~ ~ ~, ~r i.': , ~.. ~ ' t~. . ;:~',~'" ,', .' '., \:I,' '.. ~ ~ .. -''':'.: <, ',' ~":' <' .. ~.;,::. . ~ '. ;~:~. I:: ". . . .;j:::::~t:' ~ . ~'<.;' "I., :',0'.. .\ ". .. . I :~t:::. " I .;,:3. . ": . " '.', . ~"'O ". T +\ ( ~ ~: . ", ,. 1'~:~.': \ ,: . ,A1,~!"L;':;;:;,<,:: ;' , . , , I } I ,I j I , Ms. DouQall:-Sides said it is clear a speaker, is'being presented as an expert when a resume and list of qualifica'tions are presented. It was recommended board me'mbers reveal knowledge regarding the status of speakers who are portrayed as "expert" : witnesses but lack necessary qualifications. Ms. Tarapani said staff can question "expert" witness regarding their qualifications. In response to a concern, it was suggested the Assistant City Attorney can advise the board if they should consider a resident's testimony . as' "expert.',' . Ms. Dougall-Sides recommended the board continue an item if a non-English speaking witness requires an interpret'er. Hearsay alone, cannot be used to support a decision. , ' , ': It was stated en~ineering documentation provided by staff is not as detailed as, necessary and requires' the board to spend time addressing related issues. It was recom~ended the Code incl~de approved criteria on which to base decisions. I I 11 ( . . . . ' Discussion ensued regarding City Commission direction to review Code '.~, :. requirements related to telecommunication towers. ITEM G - ADJOURNMENT' , Attest:. .. The meeting adjourned at 3:11 p.m. Chair. Community Development ~1da '-if))')? () Board Repqrter . . ,~ ,\. mcd0901 5' 09/18/.01 c' I ' t ;. .!" : ,; .., "