MINUTES OF THE MEETING OF THE PINELLAS PLANNING COUNCIL December 5, 2007

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1 MINUTES OF THE MEETING OF THE PINELLAS PLANNING COUNCIL December 5, 2007 The Pinellas Planning Council (PPC) met in regular session in the County Commission Assembly Room, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida, at 1:07 P.M. with the following members present: Sandra L. Bradbury, Chairman, City of Pinellas Park Vice-Mayor Bob Hackworth, Vice-Chairman, City of Dunedin Mayor Beverley Billiris, Treasurer, City of Tarpon Springs Mayor Jerry Knight, Secretary, Town of North Redington Beach Vice-Mayor John Doran, City of Clearwater Vice-Mayor Bill Foster, City of St. Petersburg Councilmember Patricia Gerard, City of Largo Mayor Linda Lerner, School Board Member Mary Maloof, City of Treasure Island Mayor John Morroni, County Commissioner Andy Steingold, City of Safety Harbor Mayor Absent: Dick Holmes, City of South Pasadena Mayor Jim Ronecker, City of Oldsmar Mayor Also Present: David P. Healey, Executive Director, PPC Ryan Brinson, PPC Staff Michael C. Crawford, PPC Staff Linda Fisher, PPC Staff Michael D. Schoderbock, PPC Staff Carolyn Shoemaker, PPC Staff Jewel White Cole, Senior Assistant County Attorney Other interested individuals Arlene J. Kennare, Deputy Clerk I. CALL TO ORDER A. Invocation and Pledge B. Identification of Members Present C. Recognition of Outgoing Member AGENDA II. CONSENT AGENDA A. Minutes of October 17, 2007 Meeting B. Financial Statement for October 2007 C. Countywide Planning Authority (CPA) Actions November D. Annexation Report October and November E. Preliminary January Agenda F. Correspondence 1

2 III. IV. PUBLIC HEARING - To begin at 1:00 P.M. or as soon thereafter as agenda permits A. Public Hearing Format Announcement and Oath B. Proposed Amendments to the Countywide Future Land Use Plan Group 1: Subthreshold Amendments 1. Case CW 07-32: Pinellas County 2. Case CW 07-33: Pinellas County 3. Case CW 07-34: Pinellas County 4. Case CW 07-38: City of Pinellas Park 5. Case CW 07-39: City of Clearwater Group 2: Regular Amendments 6. Case CW 07-35: Pinellas County 7. Case CW A and B: City of St. Petersburg 8. Case CW 07-37: City of Pinellas Park 9. Case CW 07-40: City of St. Pete Beach C. La Entrada Master Plan REPORTS/OTHER ACTION A. Ability to Serve Report No : City of St. Petersburg B. Workforce Housing Plan: City of St. Petersburg Receipt and Acceptance C. Countywide Plan Map 2007 Annual Update D. Annual Report Preliminary Draft V. EXECUTIVE DIRECTOR REPORTS A. PAC Membership Roster for 2008 Receipt and Acceptance B. Verbal Reports VI. VII. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Election of Officers for Appointments to Joint PPC/CPA Annexation Subcommittee ADJOURNMENT CALL TO ORDER Chairman Bradbury called the meeting to order at 1:07 P.M. INVOCATION AND PLEDGE The Invocation was given by Commissioner Morroni, following which he led the Pledge of Allegiance to the Flag. IDENTIFICATION OF MEMBERS PRESENT At the request of Chairman Bradbury, a roll call was taken in which the members introduced themselves. 2

3 RECOGNITION OF OUTGOING MEMBER Chairman Bradbury presented a plaque to City of St. Petersburg Councilmember Bill Foster in recognition of his years of outstanding service on the Council. CONSENT AGENDA APPROVED Chairman Bradbury presented the Consent Agenda items, as follows: A. Minutes of October 17, 2007 Meeting B. Financial Statement for October 2007 C. Countywide Planning Authority (CPA) Actions November D. Annexation Report October and November E. Preliminary January Agenda F. Correspondence Commissioner Morroni moved, seconded by Mayor Billiris and carried, that the Consent Agenda items be approved (Vote 11-0). PUBLIC HEARING A. Public Hearing Format Announcement and Oath Upon request by the Chairman, all persons planning to give testimony were duly sworn by the Deputy Clerk. B. Proposed Amendments to the Countywide Future Land Use Plan GROUP 1: SUBTHRESHOLD AMENDMENTS PUBLIC HEARING: CASE CW 07-32, PROPOSAL BY PINELLAS COUNTY TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL RECREATION (CR) TO RESIDENTIAL URBAN (RU) OFFICIALLY ACCEPTED was held on Case CW 07-32, a proposal by Pinellas County to amend the Countywide Future Land Use Plan from CR to RU, re 0.4 acre mol located on the east side of 104 th Street, 100 feet south of 118 th Terrace North. Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; and Mr. Healey provided a brief overview of the proposal. 3

4 No one appeared in response to the Chairman s call for citizens wishing to be Responding to query by Mayor Billiris, Mr. Healey confirmed that only one letter in opposition to the proposal has been received by Council staff; and Zoning and Program Manager John F. Cueva appeared and stated that County staff has received no correspondence on the matter. In response to query by Councilmember Foster, Mr. Healey explained the rationale behind staff s recommendation of approval. Mayor Hackworth moved, seconded by Mayor Billiris and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW 07-33, PROPOSAL BY PINELLAS COUNTY TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL/OFFICE GENERAL (R/OG) OFFICIALLY ACCEPTED was held on Case CW 07-33, a proposal by Pinellas County to amend the Countywide Future Land Use Plan from CG to R/OG, re 0.2 acre mol located at th Avenue North. Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; and Mr. Healey provided a brief overview of the proposal. Responding to query by Vice-Mayor Knight, Zoning and Program Manager John F. Cueva appeared and stated that the amendments requested in Cases Nos. CW and CW will remove the non-conforming land use designations currently in place; and in Case CW will ensure protection of the current zoning. No one appeared in response to the Chairman s call for citizens wishing to be Mayor Hackworth moved, seconded by Mayor Billiris and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW 07-34, PROPOSAL BY PINELLAS COUNTY TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL (CG) TO RESIDENTIAL LOW MEDIUM (RLM) OFFICIALLY ACCEPTED 4

5 was held on Case CW 07-34, a proposal by Pinellas County to amend the Countywide Future Land Use Plan from CG to RLM, re 0.2 acre mol located at th Avenue North. Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; and Mr. Healey provided a brief overview of the proposal. No one appeared in response to the Chairman s call for citizens wishing to be Mayor Hackworth moved, seconded by Mayor Billiris and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW 07-38, PROPOSAL BY THE CITY OF PINELLAS PARK TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL URBAN (RU) TO RECREATION/OPEN SPACE (R/OS) OFFICIALLY ACCEPTED was held on Case CW 07-38, a proposal by the City of Pinellas Park to amend the Countywide Future Land Use Plan from RU to R/OS, re 1.0 acre mol located at th Street North. Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; and Mr. Healey provided a brief overview of the proposal. No one appeared in response to the Chairman s call for citizens wishing to be Mayor Hackworth moved, seconded by Mayor Billiris and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW 07-39, PROPOSAL BY THE CITY OF CLEARWATER TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM INSTITUTIONAL (I) TO RESIDENTIAL URBAN (RU) OFFICIALLY ACCEPTED was held on Case CW 07-39, a proposal by the City of Clearwater to amend the Countywide Future Land Use Plan from I to RU, re 0.1 acre mol located at 1520 Prospect Avenue. Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; and Mr. Healey provided a brief overview of the proposal. 5

6 No one appeared in response to the Chairman s call for citizens wishing to be Mayor Hackworth moved, seconded by Mayor Billiris and carried, that Case CW be approved as recommended by staff (Vote 11-0). GROUP 2: REGULAR AMENDMENTS PUBLIC HEARING: CASE CW 07-35, PROPOSAL BY PINELLAS COUNTY TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL LOW MEDIUM (RLM) TO RESIDENTIAL/OFFICE/RETAIL (R/O/R) APPROVED WITH CONDITIONS was held on Case CW 07-35, a proposal by Pinellas County to amend the Countywide Future Land Use Plan from RLM to R/O/R, re 2.8 acres mol located on the north side of Alderman Road, approximately 600 feet west of U.S. Highway 19 North. Mr. Healey related that the site is adjacent to a Wal-Mart store where an expansion in order to provide grocery capacity is planned; that a development agreement will be in place; that there will be no new construction on the new R/O/R area; and that the change in land use designation will allow the proposed expansion on the existing R/O/R area; whereupon, Mr. Brinson pointed out the subject site on an aerial photograph and the land use plan map, and described current uses on the surrounding parcels. conditions. Mr. Healey noted that staff has recommended approval subject to several Responding to the Chairman s call for the applicant local government, Zoning and Program Manager John F. Cueva indicated that the County concurs with staff s recommendation. Responding to the Chairman s call for the applicant, James J. Porter, Esquire, Ruden McClosky, appeared and provided a brief overview of the proposal. He noted that the proposal includes a development agreement wherein the applicant has agreed to provide significant roadway and site improvements and to add amenities which will benefit the surrounding area; and that all concerns of the neighbors have been addressed. Responding to query by Mayor Steingold, Mr. Porter indicated that the neighbors were concerned about the buffering on the site; and that the applicant plans to build an eight-foot wall to replace the current hardwood forest screen and buffer, and Commissioner Morroni provided input. 6

7 Referring to the development agreement and in response to query by Councilmember Foster, Mr. Porter described the planned roadway and site improvements, with David Walthall and Christopher Hatton, Kimley-Horn and Associates, Inc., providing additional input. Discussion ensued and in response to queries by School Board Member Lerner and Councilmember Foster, Mr. Porter indicated that by the terms of the development agreement, no new building will be permitted on the site; and that the development agreement will be in effect for five years; whereupon, Mr. Healey noted that deed restrictions are also required. No one appeared in response to the Chairman s call for citizens wishing to be Councilmember Foster moved, seconded by Commissioner Morroni and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW A AND B, PROPOSAL BY THE CITY OF ST. PETERSBURG TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM RESIDENTIAL/OFFICE/RETAIL (R/O/R) TO PLANNED REDEVELOPMENT MIXED USE (PR MU) APPROVED WITH CONDITIONS was held on Case CW A and B, a proposal by the City of St. Petersburg to amend the Countywide Future Land Use Plan from R/O/R to PR MU, re (A) 0.2 acre located approximately 125 feet west of the southwest corner of 4 th Street and 53 rd Avenue; and (B) 3.0 acres located on the east side of 66 th Street North, between 9 th Avenue and 13 th Avenue, immediately south of the Crossroads Post Office. Mr. Healey related that these amendments have been submitted by the City of St. Petersburg in order to recognize recent changes as part of its Vision 2020 Plan; and Mr. Brinson pointed out the subject site on an aerial photograph and the land use plan map, and described current uses on the surrounding parcels; whereupon, Mr. Healey noted that staff recommends approval subject to several conditions. Responding to the Chairman s call for the applicant local government, City of St. Petersburg Senior Planner Rick MacAulay indicated that the City and the applicant concur with staff s recommendation and agree to the conditions set forth. Discussion ensued and in response to query by Commissioner Morroni, Councilmember Foster confirmed that no new concerns had been expressed by the neighbors when the matter came before the St. Petersburg City Council. 7

8 Mr. Healey related that the Planners Advisory Committee (PAC) had voted 13-0 in support of staff s recommendation for approval. No one appeared in response to the Chairman s call for individuals wishing to be Councilmember Foster moved, seconded by Vice-Mayor Doran and carried, that Case CW A and B be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: CASE CW 07-37, PROPOSAL BY THE CITY OF PINELLAS PARK TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM INDUSTRIAL LIMITED (IL) AND WATER TO RECREATION/OPEN SPACE (R/OS) AND WATER APPROVED WITH CONDITION was held on Case CW 07-37, a proposal by the City of Pinellas Park to amend the Countywide Future Land Use Plan from IL and Water to R/OS and Water, re 9.2 acres mol located immediately west of th Street. Mr. Healey provided a brief overview of the proposal; and Mr. Brinson pointed out the subject site on an aerial photograph and the land use plan map, and described current uses on the surrounding parcels. Mr. Healey noted that staff has recommended approval, with a separate recommendation for the City of Pinellas Park to initiate a Countywide Plan Map Amendment to Transportation/Utility Overlay for the Progress Energy Easement on the City-owned property to the northeast at a later date; and explained the rationale for staff s recommendation. Responding to query by Mayor Hackworth, Mr. Healey indicated that if the Council were to deny the proposal, the City of Pinellas Park would still be able to establish the parcel as a park; whereupon, Mayor Hackworth suggested that a full discussion with respect to existing land use categories limiting the use of any land as a park should be scheduled for discussion at a future date; and later in the meeting, Mr. Brinson related that Recreation/Open Space is a secondary use permitted in all planning categories, with the exception of Preservation. Responding to the Chairman s call for the applicant local government, City of Pinellas Park Zoning Division Director Dean Neal indicated that the City viewed this as a great opportunity to make the parcel part of a park; that the citizens have indicated their wish to protect the zoning of the parcel in the future; and that the City concurs with staff s recommendation. 8

9 Responding to query by Commissioner Morroni, Mr. Healey noted that he hopes to have a preliminary draft of the Industrial Land Study to the members for the January 2008 meeting; that any prospective loss of industrial land will be carefully considered; that the loss of additional industrial lands will not be consistent with the findings of the study; that some distinctions will be made regarding location, access, and other considerations; that the criteria to be used to make these determinations will become more definitive; and that he believes revised Countywide Rules will be ready for adoption in the Spring of During discussion and in response to queries by Commissioner Morroni, Mr. Neal described the businesses located on the adjoining parcels; provided additional information regarding the physical attributes of the subject parcel; and confirmed that the parcel has never been developed, and School Board Member Lerner provided input. At this time, 1:59 P.M., Mayor Billiris left the meeting. Mr. Healey related that the PAC had voted 13-0 in support of staff s recommendation for approval. No one appeared in response to the Chairman s call for individuals wishing to be Mayor Hackworth moved, seconded by Mayor Steingold and carried, that Case CW be approved as recommended by staff (Vote 10-0). PUBLIC HEARING: CASE CW 07-40, PROPOSAL BY THE CITY OF ST. PETE BEACH TO AMEND THE COUNTYWIDE FUTURE LAND USE PLAN FROM COMMERCIAL GENERAL (CG) AND RESIDENTIAL URBAN (RU) TO RESIDENTIAL MEDIUM (RM) APPROVED was held on Case CW 07-40, a proposal by the City of St. Pete Beach to amend the Countywide Future Land Use Plan from CG and RU to RM, re 1.4 acres mol located on the southeast corner of Gulf Boulevard and Punta Vista Drive. Mr. Healey provided a brief overview of the proposal and noted that staff s recommendation is for approval; and Mr. Brinson pointed out the subject site on an aerial photograph and the land use plan map; described current uses on the surrounding parcels; and indicated that a town home development is planned for the site. Mr. Healey noted that the site is 9

10 currently vacant; that it previously housed a 20-unit motel which has been demolished; and responding to query by Mayor Steingold, indicated that if a new motel was constructed on the site today, approximately 60 units would be permitted under the current rules. Chairman Bradbury related that the PAC had voted 13-0 in support of staff s recommendation for approval. Responding to the Chairman s call for the applicant, R. "Don" Donald Mastry, Esquire, Trenam Kempker, appeared and provided a brief overview of the proposal. He noted that the proposal meets the locational characteristics in the purpose statement of the Countywide Rules; reduces the number of residents in the Coastal High Hazard Area slightly; and that it received strong support from the residents of the Punta Vista subdivision during the public hearings held by the City of St. Pete Beach. During discussion and in response to query by Councilmember Foster, Mr. Healey explained that the reduction in the number of residents in the Coastal High Hazard Area under Countywide Rules is hypothetical. At this time, 2:11 P.M., Mayor Billiris returned to the meeting. No one appeared in response to the Chairman s call for individuals wishing to be Mayor Gerard moved, seconded by Mayor Hackworth and carried, that Case CW be approved as recommended by staff (Vote 11-0). PUBLIC HEARING: MASTER DEVELOPMENT PLAN REVIEW FOR INDUSTRIAL/MIXED USE PROJECT, PROPOSAL BY THE CITY OF ST. PETERSBURG CONTINUED TO MEETING OF FEBRUARY 20, 2008, SUBJECT TO CONDITIONS was held on the Master Development Plan for an Industrial/Mixed Use Project, a proposal by the City of St. Petersburg submitted in accordance with Section of the Countywide Rules, re 133 acres mol located between 94 th Avenue North and 102 nd Avenue North, and between 28 th Street North and Interstate 275, St. Petersburg. Mr. Healey related that this is a Master Development Plan for an Industrial Mixed Use Project submitted by the City of St. Petersburg; that the Council has never reviewed a plan 10

11 of this nature; that the plan requires Council and CPA approval because of its residential component; that the City of St. Petersburg has approved the project; and that since the request to remove the density limitation imposed by the BCC in 2004 has been deferred by the CPA, staff recommends a continuance to the PPC meeting of February 20, 2008; whereupon, Mr. Crawford pointed out the subject site on an aerial photograph and the land use plan map; described current uses on the subject and surrounding parcels; and explained the conditions contained in staff s recommendation, and Messrs. Healey and Cueva provided additional input. Responding to queries by Chairman Bradbury and School Board Member Lerner, Steven Kurcan, Grady Pridgen, Inc., indicated that the first units built will be apartments; that condominiums will be built if the real estate market strengthens; and that the applicant is considering the possibility of including affordable housing units in the project. He indicated that the apartments will be located as close to the employers as possible; and that the applicant is required to inform any prospective lessor or purchaser about the current and future uses of the nearby landfill. Discussion ensued wherein Councilmember Foster expressed his support for the proposal, and encouraged the CPA to grant the necessary variance and the Council to approve the plan. No one appeared in response to the Chairman s call for individuals wishing to be Mayor Gerard moved, seconded by Vice-Mayor Doran and carried, that the matter be continued to the meeting of February 20, 2008, as recommended by staff (Vote 11-0). REPORTS AND OTHER ACTION A. Ability to Serve Report No City of St. Petersburg Adopted and Authorized Transmittal to the City of St. Petersburg Mr. Schoderbock provided historical background information regarding the subject annexation area, and noted that this is a non-voluntary annexation with no registered voters in the area and therefore no requirement for a referendum; whereupon, he referred to an aerial map and pointed out the location of the six parcels. He described existing uses on the site and reviewed the delivery of services to the area; stated that the proposed annexation will not create any enclaves; that the area is within the St. Petersburg Municipal Services Area; that it meets the requirements of Chapter 171 Florida Statutes; and that the area is compact and contiguous to the city limits. Thereupon, Councilmember Foster moved, seconded by Mayor Billiris and carried, that a finding that the City of St. Petersburg has the ability to provide municipal services 11

12 to the area be adopted as recommended, with authorization for transmittal of the finding to the City (Vote 10-1 with Commissioner Morroni dissenting). Deviating from the agenda, Chairman Bradbury noted that item VI., Other Council Business, will be addressed at this time. OTHER COUNCIL BUSINESS A. Chairman/Member Items 1. Election of Officers for 2008 Recommendation of Nominating Committee Approved Vice-Mayor Doran, Chair of the Nominating Committee, offered the following slate of officers for 2008: Chairman Vice-Chairman Secretary Treasurer Mayor Bob Hackworth Mayor Beverley Billiris Vice-Mayor Jerry Knight Commissioner John Morroni Councilmember Foster moved, seconded by Mayor Maloof and carried, that the recommendation of the Nominating Committee be approved (Vote 11-0). meeting. At this time, 2:46 P.M., Commissioner Morroni and Mayor Maloof left the 2. Appointments to the PPC/CPA Annexation Subcommittee Chairman Bradbury recommended that the Council approve the appointment of Mayor Hackworth, Mayor Billiris, and herself to the PPC/CPA Annexation Subcommittee, and no objections were noted. 12

13 REPORTS AND OTHER ACTION (continued) B. Workforce Housing Plan: City of St. Petersburg Received and Accepted Mr. Crawford related that the plan is being submitted in accordance with Section of the Countywide Rules; and that the City of St. Petersburg would like to apply affordable housing bonuses within its recently adopted Vision 2020 Special Area Plan as well as other areas throughout the City. He provided a brief summary of the Plan and noted that staff recommends its receipt and acceptance and that it be received as a minor amendment to the Vision 2020 Special Area Plan. Mayor Hackworth moved, seconded by Mayor Billiris and carried, that the Plan be received and accepted as recommended by staff (Vote 9-0). C. Countywide Plan Map Annual Update Approved; PPC Resolution No Adopted and Authorized for Transmittal to the CPA for Filing as Official Record Copy Mr. Healey related that the Countywide Plan Map has been updated to incorporate all amendments approved in the last 12-month period; whereupon, he requested approval of Resolution No recommending to the CPA that the amended map be accepted and filed with the Clerk as the official record copy. Mayor Hackworth moved, seconded by Mayor Gerard and carried, that the request of Mr. Healey be approved (Vote 9-0). D. Annual Report Preliminary Draft Received/Discussed Ms. Fisher presented the preliminary draft Annual Report for 2006/2007 and provided highlights of its contents; and Vice-Mayor Knight noted several minor corrections; whereupon, Ms. Fisher indicated that a corrected final version will be brought back to the members for their approval, and no objections were noted (Vote 9 0). EXECUTIVE DIRECTOR REPORTS A. PAC Membership Roster for 2008 Received/Filed Mr. Healey requested that the Council receive and file the PAC Membership Roster for Vice-Mayor Doran moved, seconded by Mayor Billiris and carried, that the PAC Membership Roster for 2008 be accepted (Vote 9-0). 13

14 B. Verbal Reports Meeting Schedule Revisions Received Mr. Healey presented the revised 2008 meeting schedule for the PPC, PAC, and CPA, and noted that no changes have been made to the PPC meeting dates. 2. Local Government Investment Program Received/Provided Direction Mr. Healey provided an update with respect to the Local Government Investment Pool and the recent actions of the State Board of Administration (SBA); and recommended that the members authorize the transfer of Council funds in the amount of $302,000 currently invested in the State Local Government Surplus Trust Fund Investment Pool to the Council s Public Fund Interest Checking Account at Regions Bank, effectively immediately. Councilmember Foster moved, seconded by Mayor Billiris, that Mr. Healey s recommendation be approved. During discussion and in response to queries by the members, Mr. Healey related that the interest rate earned on funds in the Regions Bank account is 1.3 percent less than the funds would earn in the SBA account; that he plans to deposit monies derived from taxes into the Regions Bank account as they are collected; and that he will solicit feedback from Clerk of the Circuit Court Ken Burke regarding his investment strategy for County funds with a view toward paralleling that strategy. (Vote 9 0). Following additional discussion and upon call for the vote, the motion carried ADJOURNMENT There being no further business, the meeting was adjourned at 3:20 P.M. Chairman 14