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11/20/2012COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER November 20, 2012 Present: Chair Nicholas C. Fritsch, Vice-Chair Thomas Coates, Member Frank L. Dame, Member Brian A. Barker, Member Kurt B. Hinrichs, Member Norma R. Carlough, Acting Member ponald van Weezel Absent: Member Richard Adelson Also Present: Attorney for the Board Gina Grimes, Assistant City Attorney Leslie Dougall-Sides, Planning & Development Assistant Director Gina Clayton, Development Review Manager Robert Tefft, Board Reporter Patricia O. Sullivan A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE The Chair called the meeting to order at 1:00 p.m. B. ROLL CALL: Chair Fritsch Vice Chair Coates Members Adelson Barker Carlouqh, Dame, Hinrichs, Alternate Member van Weezel, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 16 2012 Member Dame moved to approve the minutes of the regular Community Development Board meeting of October 16, 2012, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CONSENT AGENDA: The followinq case is not contested by the applicant, staff, neiqhborinq propertv owners, etc. and will be approved bv a sinqle vote at the beqinninq of the meetinq: (Item 1) 1. Case: CPA2012-10002 - Amendments to the Clearwater Comprehensive Plan Level Three Ap lication A�plicant: City of Clearwater Reguest: Amendments to the Clearwater Comprehensive Plan amendinq certain provisions of the Utilities Element related to potable water and natural qround water aquifer recharqe needs based on the city's 2012 Potable Water Supply Facilities Master Plan Update and updatinq Map #D-2 Potable Water Wells and Wellhead Protection Zones. Neiqhborhood Association: Clearwater Neiqhborhoods Coalition Presenter: Lauren Matzke, AICP, Lonq Ranqe Planninq Manaqer See Exhibit: Staff Report CPA2012-10002 2012-11-20 Community Development 11/20/2012 Member Coates moved to approve Case CPA2012-10002 on today's Consent Agenda based on evidence in the record, including the application(s) and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. E. LEVEL TWO APPLICATION (Item 1): 1. Case: FLD2012-08015 - 300 Venetian Drive Level Two Application Owner: Nick Szirmai Venetian Shores Condo Assoc. President Aqent: Lisa Ryan; Advanced Marine Construction (1041 Harbor Lake Drive, Safet� Harbor, FL 34695; phone: (727) 712-3909� Location: A 0.498 acre waterfront lot located on the north side of Venetian Drive at the northeast corner of Venetian Drive and Venetian Point Drive/Sunset Drive. Atlas Paqe: 259B Zoninq: Medium Density Residential (MDR) District. Request: Flexible Development application to permit a 96 square-foot addition to an existinq 852 s uare-foot Multi-Use Dock as accessory to an existinq attached dwellinq with a decrease in the side (west) setback from 32 feet (one-third of the width of the property) to 10 feet to an extension of an existinq catwalk and 12 feet to a proposed boatlift associated with slip seven and approximately 26 feet to a proposed boatlift associated with slip six, a decrease in the side east) setback from 9.5 feet (one-tenth of the width of the property) to five feet to a proposed davit and an increase in the maximum width of a dock from 71.25 feet (75 percent of the width of the property) to 75 feet (78.9 percent of the width of the propert�), under the provisions of Communit� Development Code (CDC� Section 3-601.C.3. Existinq Use: Attached Dwellinqs Neiqhborhood Association: Old Clearwater Bay Clearwater Neiqhborhood Coalition Presenter: Mark T. Parrv. AICP. Planner III See Exhibit Staff Report FLD2012-08015 2012-11-20 and Exhibit FLD2012-08015 2012-11-20. Member Coates moved to accept Mark Parry as an expert witness in the fields of redevelopment planning, comprehensive planning, annexation implementation, zoning, land use/rezoning applications, land development general planning code amendments, landscape ordinance, and special area plans/overlay districts. The motion was duly seconded and carried unanimously. Community Development 11/20/2012 2 Russell Latimer requested Party Status. Member Coates moved to grant Russell Latimer Party Status. The motion was duly seconded and carried unanimously. Planner III Mark Parry reviewed the staff report. Staff recommended denial and reducing the scope of the application. In response to questions, Mr. Parry said the proposed davits and two outer catwalks do not meet Code criteria. Davits for Slip 2 would meet side setback requirements. Existing catwalks would not have to be removed as they are considered an existing non conformity. The staff report includes conditions of approval should the board approve the requests. Lisa Ryan, of Advanced Marine Construction, representing the applicant, said the current dock, built in 1989, was permitted by Clearwater and Pinellas County but under current rules is non conforming. She said safety is an issue during low tide when water levels in the cove are low. She said the subject slips are small and most boats must enter bow first. She said it is difficult for boaters to maneuver when they board or exit vessels; catwalk extensions would ease these difficulties. She said davits would be permanently affixed and extend into the side setback when they swing in and out. She said the homeowners association to the east has granted permission to install davits on the east slip. She said the single family residence on the west has a boat lift on its eastern property line. She said the applicant, who owns Slip 8, only proposes to extend the catwalk. She said boat lift requests are for inside slips. She submitted a petition signed by neighbors indicating no objection to the request. She said no one was at the adjacent homes when she sought signatures. It was commented that none of the petition signatories lived near the subject property and would not be affected by proposed changes. Party Status Holder Russell Latimer said since this safe harbor was built nearby construction has filled the cove with silt. He said water was sufficiently deep when the subject docks were constructed but boaters now struggle to board and exit their vessels. He supported the request as pilings already are in place and people are endangered and could be injured when they must leap between their boats and the docks. He said few area docks conform to Code. In response to questions, Mr. Parry said applications must comply with all deviation standards. The center catwalks could be extended. The outer catwalks would cause the width of the docks to exceed Code by 4 feet and are not permitted as a matter of right. The Planning Department did not receive any letters of objection. Ms. Ryan said FDEP (Florida Department of Environmental Protection) and the Army Corps. of Engineers had issued permits for the changes; Pinellas County did not object to the request. She said each slip is owned by individual condominium owners. Community Development 11/20/2012 3 Party Holder Latimer reiterated his support for the application. Discussion ensued with comments that the request addresses a safety issue related to shallow water, which requires boaters to access watercraft via the bow rather than the stern. It was indicated that Clearwater is a boating community and should support boating activities. It was stated this morning and in the photograph, some boats were backed into slips. Concern was expressed that approval would add to a non conforming situation and side extensions should not be approved. Opposition was expressed to davits proposed for Slip 1 as they would infringe on the required setback. It was felt as a practical matter and due to safety concerns, the catwalks, extended within acceptable outlines, would not infringe on property owners to the left or right. It was agreed that the cove has many non conforming docks and it was felt that adding inches to a 75-foot wide deck would be negligible. In response to questions, Marine & Aviation Department Director Bill Morris said the MAB (Marine Advisory Board) does not consider residential dock requests; the subject dock is in a residential area. As Harbormaster, he had no problem with most of the request based on his concerns for the safety of boaters boarding and exiting vessels when the water is shallow but expressed concern requested davits would extend into the side setback. He said boat sterns backed into slips sit on the bottom during low tide and stir up silt when departing, which contributes to silt accumulation against the seawalls. Residents would be responsible for costs to dredge the cove, which would be expensive and not successful if done for only one property. Member Dame moved to approve Case FLD2012-08015 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby makes the following Findings of Fact based on said evidence: literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project due to the shallow depth of the water and the requested extension sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property with the exception of the request for davits on the east side of the dock and to permit extension of two outer catwalks and installation of boat lifts in Slips 6 and 7 and hereby issue the Conclusions of Law that the application complies with the City Community Development Code Section(s) 3- 601.C.3.i.(iii and iv), and adopt Staff's submitted Conditions of Approval. The motion was duly seconded. Members Coates, Dame, Barker, Hinrichs, Carlough, and Acting Member van Weezel voted "Aye"; Chair Fritsch voted "Nay." Motion carried. Community Development 11/20/2012 4 F. DIRECTOR'S ITEM: (Item 1) 1. Charity The majority of the board voiced support of HEP (Homeless Emergency Project) to be the board's holiday charity. Staff will provide a wish list of needs to board members G. ADJOURNMENT The meeting adjourned at 2:25 p.m. „`�- " • '�-' , C,� �`�' i �. Chair t Commun Development Board Community Development 11/20/2012 5 LL V } -�e�r�a �r � U Interdepartmental Corr�spondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Recards Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for DATE: November 08, 2012 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting October 16, 2012 Agenda Level Two Applications (Items 1-2 1. Case: FLD2012-080 — 300 Venetian Drive Yes No 2. Case: CPA2012-10002 mendments to the Clearwater Comprehensive Plan �� Yes No Signature: l�l��%� �--_�__ PRINT NAME Date: � � ' � a ° C� S: IPlanning DepartmentlC D BlAgendas DRC & CDBICDBI2012111 November 20, 2012V Cover MEMO 2012.doc � O } �e�rwa �r � _ _. U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for DATE: November 08, 2012 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting October 16, 2012 Agenda Level Two Applications (Items 1-2 1. Case: FLD2012-08015 — 300 Venetian Drive Yes � No 2. Case: CPA2012-10002 — Amendments to the Clearwater Comprehensive Plan Yes No I Signature: ��1—;1�'� Date: /�`�����----- �F�� � - J�-�-�,�- PRINT NAME S: IPlanning DepartmentlC D BlAgendas DRC & CDBICDBI2012111 November 2Q 201211 Cover MEMO 2012.doc LL V } ���� �� H.,.. ,�,�, U Interdepartrnental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for DATE: November 08, 2012 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting October 16, 2012 Agenda Level Two Applications (Items 1-2 1. Case: FLD2012-08015 — 300 Venetian Drive Yes '/ No 2. Case: CPA2012-10002 — Amendments to the Clearwater Comprehensive Plan Yes No Signature: PRINT N Date: j �' � � ' 1 � S: IPlanning DepartmentlC D BlAgendas DRC & CDBICD812012111 November 20, 201211 Cover MEMO 2012.doc LL V } ���� �� H U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for DATE: November 08, 2012 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting October 16, 2012 Agenda Level Two Applications (Items 1-2 1. Case: FLD201 -08015 — 300 Venetian Drive Yes No 2. Case: CPA2012-10002 — Amendments to the Clearwater Comprehensive Plan Yes v No Signature: Date• r! Z� l Z <<� (L. � +�`a - t-�r\ �,I �, � C l-%.5 PRINT NAME S: IPlanning DepartmentlC D BlAgendas DRC & CDBICD8120/2!11 November 2Q 2012V Cover MEMO 2012.doc LL � � ��r�a er U Interdepartmental Correspondence Sheet TO: Community Development Board Members FROM: Robert Tefft, Development Review Manager COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, Documents and Records Specialist, /Pat Sullivan, Board Reporter SUBJECT: Agenda Items for DATE: November 08, 2012 CDB packets being distributed contain the following Site investigation form Unapproved minutes of previous meeting October 16, 2012 Agenda Level Two Aqplications (Items 1-2 1. Case: FLD2012-08015 — 300 Venetian Drive Yes No 2. Case: CPA2012-10002 — Amendments to the Clearwater Comprehensive Plan Yes � � No Signature: PRINT Date• 11 S: IPlanning DepartmentlC D BlAgendas DRC & CDBICD812012111 November 2Q 2012V Cover MEMO 2012.doc EXHIBIT: STAFF REPORT CPA2012-10002 2012-11-20 CDB Meeting Date Case Number: Ordinance No.: Agenda Item: November 20, 2012 CPA2012-10002 8368-13 E.1 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Clearwater Comprehensive Plan Amendments to the Utilities Element to Update Provisions Related to Potable Water and Natural Ground Water Aquifer Recharge Needs Based on the City of Clearwater's 2012 Potable Water Supply Facilities Master Plan Update, and Updating Map #D-2 Potable Water Wells and Wellhead Protection Zones. INITIATED BY: BACKGROUND: City of Clearwater Planning & Development Department Florida's Community Planning Act (Chapter 163, Florida Statutes (F. S.)) and Water Resources Act (Chapter 373, F. S.) establish a process for water supply planning to ensure adequate water supplies in the future. The state's water management districts must periodically evaluate whether adequate water supplies exist to meet the needs of their areas. If a district finds that the water supply will not be adequate, it must prepare a regional water supply plan, identifying alternative ways in which water supply needs can be met for the ne�t 20 years. The Southwest Florida Water Management District (SWFWMD), the city's regional district, approved its updated Regional Water Supply Plan on July 26, 2011, which includes projected water demands for the region and potential sources of water to meet these demands from 2010 through 2030. Section 163.3177, F.S., requires local governments to update their comprehensive plans, including their 10 year Water Supply Facility Work Plans, to incorporate relevant water supply options, conservation initiatives, and updated service area projections within 18 months after the approval of the regional water supply plan. The consulting firm of Tetra Tech, Inc. was retained by the city to complete the city's 2012 Potable Water Supply Facilities Master Plan Update. This plan was last updated in 2008 following the SWFWIVID's update to the regional water supply plan in 2006. The city adopted significant amendments to the Public Utilities Element of the Comprehensive Plan in 2008 to comply with the requirements in Section 163.3177, F. S., and was determined to be in compliance by the Florida Department of Community Affairs (now Department of Economic Opportunity). This amendment updates the Utilities Element by modifying policies related to the Potable Water and Natural Ground Water Aquifer Recharge Needs subsection to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update. This amendment also Community Development Board — November 20, 2012 CPA2012-10002 — Page 1 EXHIBIT: STAFF REPORT CPA2012-10002 2012-11-20 updates Map #D-2 Potable Water Wells and Wellhead Protection Zones to reflect the locations of the new wells constructed since the Comprehensive Plan and Map Series was amended in 2008. ANALYSIS: There are no substantial changes proposed within this amendment, which primarily incorporates updated data from the 2012 Potable Water Supply Facilities Master Plan Update. The amendments adopted in 2008 incorporated the city's 2004 Water Master Plan into the Utility Element and ensured consistency with the requirements in the statutes for this required element; therefore, this amendment involves updating existing policies, previously found to be in compliance with state requirements, based on more current data. Since 2008, the city has increased the number of wellheads operated by the city from 19 to 46, thereby reducing the percent of water supply emanating from Pinellas County from 63 percent to 55 percent. The city's efforts implementing various conservation and consumption measures has led to a reduced water consumption rate of 90 gallons/person/day, down from 100 gallons/person/day in 2008. Total number of customer accounts in the Clearwater service area has increased almost four percent, from 40,390 to 41,973 since 2008. This amendment involves updates to the following sections of the Utilities Element: 1. Introduction to the Utilities Element, Potable Water and Ground Water Aquifer Recharge Needs subsection (pages D-3 and D-4 of the Comprehensive Plan), to include updated data and references; 2. Objective D.5.2 and its policies (pages D-15 and D-16) to include updated data and references; 3. Policy D.5.5.1 (page D-17) to reflect the adoption of Ordinance 8070-09, which modified the requirements for a wellhead protection permit; and 4. Map D-2 Potable Water Wells and Wellhead Protection Zones to include new well locations. STANDARDS FOR REVIEW: Pursuant to Community Development Code Section 4-603 F., no amendment to the Comprehensive Plan shall be approved unless it complies with the following standards: 1. The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. The proposed amendments to the Cleanvater Comprehensive Plan are consistent with existing goals, objectives, and policies in the Plan. The proposed amendments, related to water supply planning comply with statutory requirements and update the city's long range planning policies related to the provisions for the city's water plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. Community Development Board — November 20, 2012 CPA2012-10002 — Page 2 EXHIBIT: STAFF REPORT CPA2012-10002 2012-11-20 The proposed amendments are not inconsistent with other provisions of the Comprehensive Plan and bring further consistency between the goals, objectives and policies and the map series. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. 4. Sufficient public facilities are available to serve the property. This is not applicable to the proposed amendments as they do not relate to a specific property or properties; therefore, the adequacy of available public facilities will need to be assessed on a case-by-case basis as development proposals are received. S. The amendment will not adversely affect the natural environment. The proposed amendment includes updates to data and references for other related Plans. The policies contained within the Utilities Element provide consistent and coordinated efforts for the processes and procedures for water management within the area governed by the Southwest Florida Water Management District (SWFWIVID). 6. The amendment will not adversely impact the use of property in the immediate area. This is not applicable to the proposed amendments as they do not relate to a specific property or properties. SUMMARY AND RECOMMENDATION: The purpose of this amendment is to update the Utilities Element, Potable Water and Natural Ground Water Aquifer Recharge Needs subsection, to include updated information based on the 2012 Potable Water Supply Facilities Master Plan Update, as well as other updated data since the Cleanvater Comprehensive Plan was amended in 2008, and ensures consistency with the regional water supply plan as required in Section 163.3177, F. S. The proposed amendment is consistent with and will further the goals, objectives and policies of the Clearwater Comprehensive Plan, will not result in inappropriate or incompatible uses, will not adversely affect the natural environment or impact the use of property in the immediate area, and sufficient public facilities exist to implement the proposed amendment. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8368-12 that amends the Cleanvater Comprehensive Plan. Community Development Board — November 20, 2012 CPA2012-10002 — Page 3 EXHIBIT: STAFF REPORT CPA2012-10002 2012-11-20 Prepared by Planning and Development Department Stafi Lauren Matzke, AICP, Long Range Planning Manager ATTACHMENTS: ❑ Ordinance No. 8368-13 S: lPlanning DepartmentlCOMPREHENSIVE PLANI2012 Comp Plan AmendmentslCPA2012-10002 - Water Supply PlanlStaffReportlCPA2012- 10002 CDB StaffReport.doc Community Development Board — November 20, 2012 CPA2012-10002 — Page 4 L 1 -'i" ��'7� � { �. y ��. . . ' 3, ; a `.. ■ ��E �r� �x � � v 3't p �, .. �s -�= �'� ��. ��'1' _ .� �'�uh . rt` .. � . �:t . .. .'S � F.n ,- ,.. �• . �:.I , � � . ..._ � . .-r,c�c.a� • s. • • , , ,. � : �. . .. . .i . . . . ..... ....... .. . . . . . ..... . . .. ...... . ... ... . .. A. :. _. . � • . ' � �'.. . ' . � . ,n �' � , ' _ - . . .. ' . . ..e�.... .. . � .. . .. .. ..... .. . ... . . _... ' ... .. ..� .. . ..__. _ _ • � _— . . .... 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