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04/20/1999COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER April 20, 1999 Present: Gerald Figurski Chair Edward Mazur, Jr. Vice Chair William Johnson Board Member Shirley Moran Board Member Carlen A. Petersen Board Member Alex Plisko Board Member Absent: David Gildersleeve Board Member Also Present: Pam Akin City Attorney Ralph Stone Planning Director Cynthia Hardin Assistant Planning Director Brenda Moses Board Reporter The meeting was called to order at 1:00 p.m. at City Hall. The Board Reporter called roll. The Chair read the procedures, 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. ITEM 1 – ANNEXATIONS A. Thomas and Barbara Maas are requesting that 213 and 217 Elizabeth Street be annexed into the City of Clearwater. The property is described by metes and bounds and is located in section 17, township 29, range 16. The property has a land use plan designation of Residential Urban and will be zoned Medium Density Residential (MDR). It was questioned if the case should be automatically postponed or continued since the applicant was not present. It was remarked this case has no recommended conditions and it was not required the applicant be present. The City Attorney the board’s rules of procedure do not reference automatic continuances. The applicants request annexation to receive City water and sewer service and adopt the appropriate City land use plan category and zoning district for 213 and 217 Elizabeth Street. The applicant has paid all applicable sewer impact fees and is aware of connection costs. The area has mixed use with single family, duplex uses, and mobile homes. The proposed annexation is consistent with the City and Countywide Comprehensive Plans, Florida law, the old Land Development Code, and with the City’s desire to encourage infill development. It will not create an enclave. The annexation of this property will not have a negative impact on the City. Staff recommends approval of the annexation, adoption of the Residential Urban plan category, and of the Medium Density Residential zoning. Member Johnson moved 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 Thomas and Barbara Maas is consistent with the standards for approval enumerated in Section 4-604-F. of the Community Development Code. Therefore, the Community Development Board recommends to the City Commission that the annexation requested by Mr. and Mrs. Maas for the property located at 213 and 217 Elizabeth Avenue be granted. The motion was duly seconded and carried unanimously. Member Johnson moved 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 adoption of a future land use map designation of Residential Urban and a zoning designation of Medium Density Residential is consistent with the standards for approval enumerated in Section 4-602 F. and Section 4-603 F. of the Community Development Code. Therefore, the Community Development Board recommends to the City Commission that the comprehensive plan amendment and zoning atlas amendment requested by Mr. and Mrs. Maas for the property located at 213 and 217 Elizabeth Avenue be granted. The motion was duly seconded and carried unanimously. B. Vincent and Carolyn S. Yancar, Jr., are requesting that 2401 Nursery Road be annexed into the City of Clearwater. The property is described by metes and bounds and is located in section 19, township 29, range 16. The property will have a land use plan designation of Residential Urban and will be zoned Low Medium Density Residential (LMDR). The applicants request annexation to receive City water and sewer service and adopt the appropriate City land use plan category and zoning district for property as 2401 Nursery Road. The 1.82 acre property is surrounded primarily by single family residential homes with some area churches. Most of the southern property cannot be developed due to the lake. The owners plan to replace the on site homes with one single family home. The owners are responsible for costs to extend the sewer line and impact fees. The annexation will not negatively impact the neighborhood. The annexation is consistent with the Comprehensive Plan, CDC (Community Development Code), Florida law, and the Countywide plan. Staff recommends approval of the annexation, adoption of the Residential Urban plan category, and adoption of the Low Medium Density Residential zoning district. Robert Lyons, Sun West Construction, stated he had nothing to add to staff’s recommendations. Member Petersen moved 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 Vincent and Carolyn S. Yancar is consistent with the standards for approval enumerated in Section 4-604-F. of the Community Development Code. Therefore the Community Development Board recommends to the City Commission that the annexation requested by Mr. and Mrs. Yancar for the property located at 2401 Nursery Road be granted. The motion was duly seconded and carried unanimously. Member Petersen moved 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 adoption of a future land use map designation of Residential Urban and a zoning designation of Low Medium Density Residential is consistent with the standards for approval enumerated in Section 4-602 F. and Section 4-603 F. of the Community Development Code. Therefore, the Community Development Board recommends to the City Commission that the comprehensive plan amendment and zoning atlas amendment requested by Mr. and Mrs. Yancar for the property located at 2401 Nursery Road be granted. The motion was duly seconded and carried unanimously. ITEM 2 - FUTURE LAND USE PLAN AMENDMENT & ZONING ATLAS AMENDMENT A. The Pinellas County Board of County Commissioners is requesting a land use plan amendment from Industrial Limited to Preservation and a rezoning amendment from Industrial, Research and Technology (IRT) to Preservation (P) for property located at 950 Old Coachman Road and described in metes and bounds in section 7, township 29, range 16. Pinellas County’s request recognizes the current and planned use of the 12-acre property at 950 Old Coachman Road. In 1995, the property was developed for a surface water management project to control flooding. The land use plan and zoning do not reflect the current and future use of the site, which Pinellas County plans to maintain for water management. The property, a passive park, is compatible with the surrounding residential area. The Preservation category recognizes the location and significance of natural resources and insures their protection. A bridge between Northeast Coachman Park and this property creates an ecologically pleasing environment. The proposal impacts the natural environment positively, and does not require nor effect the provision of public services. Staff recommends approval of the plan amendment from industrial Limited to Preservation category, and of the rezoning from Industrial, Research & Technology to Preservation district. In response to a question, Planning Assistant Director Cynthia Hardin said as this site is developed, a boundary survey was not requested. She felt the waiver was warranted. The application is unique as an existing flood management storm water treatment pond. Elizabeth Freeman, Pinellas County Planning Department, said extensive habitat restoration has been done at this site in cooperation with SWIFTMUD (Southwest Florida Water Management District). The project connects to the site to the southwest as part of the project area. It is being used as an ongoing monitoring sampling and assessment site to assess effectiveness of stormwater treatment methods. The U. S. Department of Agriculture has used the property as a test site for the insect research. Pinellas County also partnered with Florida Power to construct an osprey platform. Consensus was for staff to provide detailed explanations of inconsistencies explaining when and why surveys are not required. Member Petersen moved 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 adoption of a future land use map designation of Preservation and a zoning designation of Preservation is consistent with the standards for approval enumerated in Section 4-602 F. and Section 4-603 F. of the Community Development Code. Therefore, noting the board’s concern regarding the uniqueness of this property not requiring a boundary survey, the Community Development Board recommends to the City Commission that the comprehensive plan amendment and zoning atlas amendment requested by Brian K. Smith for the property located at 950 Old Coachman Road be granted. The motion was duly seconded and carried unanimously. ITEM 3 - CHAIRMAN'S ITEMS The Chair requested the board review the rules of procedure discussed on April 6, 1999. It was noted staff will provide the board with a notebook listing standard motions, a list of expert witnesses for the City, board rules of procedure, etc. ITEM 4 - DIRECTOR'S ITEMS Planning Director Ralph Stone reviewed Teresa Mancini’s credentials and submitted her as an expert witness in land use plan changes, comprehensive planning, site planning, and rezonings. Member Mazur moved to accept Teresa Mancini as an expert witness for the City in the areas of land use plan changes, comprehensive planning, site planning, and rezonings. The motion was duly seconded and carried unanimously. Mr. Stone reviewed Gary L. Jones’ credentials and submitted him as an expert witness in comprehensive planning, redevelopment planning, capital improvement management, disaster and flood plain analysis, socio-economic analysis, land development code and zoning ordinance amendments, transportation neighborhood planning and various land use and housing special studies. The motion was duly seconded and carried unanimously. Member Mazur moved to accept Gary L. Jones as an expert witness for the City in the areas of comprehensive planning, redevelopment planning, capital improvement management, disaster and flood plain analysis, socio-economic analysis, land development code and zoning ordinance amendments, transportation neighborhood planning and various land use and housing special studies. The motion was duly seconded and carried unanimously. Member Moran indicated a case reviewed by the former DCAB (Development Code Adjustment Board) in February 1998, involved a property at 315-321 North Fort Harrison Avenue. The minutes reflected a desire that the building not be painted an intrusive color. Staff indicated the Design Review Board would review that type of request and no contingency regarding the color of the building referenced that request. Building renovations are complete. The building has been painted bright yellow. It was requested staff work with the owners to remedy the building’s intrusive color. Staff indicated they will contact the owner. It was requested all applications for zoning atlas amendments, etc. be uniform and include appropriate detailed information. It was questioned why the agenda refers to board members as commissioners. The City Attorney felt board members should not be referred to as commissioners. It was suggested the agenda include the presentation order and rebuttal for all speakers, applicants, and board members. It was suggested adding “Board Items” after “Chair’s Items” on the agenda. Staff was complimented for the improved presentation and information supplied the board. It was requested Elizabeth Street be added to staff maps. Mr. Stone requested a workshop session be scheduled to review evaluations and appraisal reports to update the Comprehensive plan, and amendments to the new CDC. One case listed on the next agenda will be considered under the old code. The next regular meeting is scheduled for May 18, 1999, at 1:00 p.m. ITEM 5 - ADJOURNMENT The meeting adjourned at 1:50 p.m.