i? Subiect: DATE: April 21,2009,., AGENDA ITEM NO. Consent Agenda [7 Regular Agenda Public Hearing Countv Administrator's Siqnature

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1 DATE: April 21,2009,., AGENDA ITEM NO. Consent Agenda [7 Regular Agenda Public Hearing A Countv Administrator's Siqnature i? Subiect: Zoning Case No. (Q) ZILU (Pinellas County Planning Director) Department: Planning Department Recommended Action: Staff Member Responsible: Brian K. Smith, Director PINELLAS COUNTY STAFF RECOMMEND (1) APPROVAL OF THE LAND USE AND ZONING CHANGE, BASED UPON THE FINDINGS IN THIS REPORT, (2) APPROVAL OF THE VARIANCE, AND (3) RECOMMENDS THAT THE BOARD OF COUNTY COMMISSIONERS TRANSMIT THE CASE TO THE PINELLAS PLANNING COUNCIL FOR REVIEW, WITH SUBSEQUENT ACTION BY THE COUNTWIDE PLANNING AUTHORITY (CPA). Summarv ExplanationlBacknround: See attached Pinellas County Staff Report. Fiscal ImpactlCostlRevenue Summary: N/A ExhibiilAttachments Attached: Locator Map, LPA Report, Zoning Map, Resolution & Ordinance

2 I LOCATION MAP I z/lu Zoning From: C-2 & RM-7.5 To: C-3 & M-1 LPA.~ Land Use From: RU & CN To: IL And a variance for three of the lots to have less than the required 12,000 sq. R minimum 32Rg/16/ * 14= & l4i0 lot size and for one of the lots to have 77.7 I In lot width where 80 fl is required. Prepared by: Pinellas County Planning Department, revised February 25,2009

3 I PINELLAS COUNTY STAFF REVIEW AND RECOMMENDATION Case No. ULU /LPA NO. #I ) APPLICANT'S NAME: DISCLOSURE: REPRESENTED BY: Pinellas County Planning Director Owners: Carl Seamer & Klaire Kramer and Gilles Pilote NIA REQUEST FOR: Zone change from: C-2, General Retail Commercial & Limited Services & RM-7.5, Residential, Multiple Family, 7.5 units per acre to: C-3, Commercial, Wholesale, Warehousing & lndustry & M-I, Light Manufacturing & lndustry Land Use change from: Residential Urban & Commercial Neighborhood to: Industrial Limited and a variance for three of the lots to have less than the required 12,000 sq. ft. minimum lot size and for one of the lots to have 77.7 ft. in lot width where 80 ft. is required. GENERAL LOCATION: Four parcels of land containing approximately.89 acre located on the northwest corner of 150th Avenue North and 63rd Street North, Clearwater (street addresses being: th Ave N. and 15092,15098 & rd St. N.) HEARING DATE: April 21, 2009 RECOMMENDATION: PINELLAS COUNTY STAFF RECOMMEND (1) APPROVAL OF THE TRANSMIT THE CASE TO THE PINELLAS PLANNING COUNCIL FOR REVIEW, WITH SUBSEQUENT ACTION BY THE COUNTYWIDE PLANNING AUTHORITY (CPA). The LPA agrees with the staff recommendation(s): YES - - If NO, Alternative LPA recommendation is: CORRESPONDENCE RECEIVED AS OF THE DATE OF THIS REPORT: No letters received.

4 ZLU Page 2 SURROUNDING ZONING AND LAND USE FACTS: Subject Property: Adjacent Properties: North Land Use Category Residential Urban Commercial Neighborhood Residential Urban Zoning Designation C-2 and RM 7.5 M-I Existing Use Body Shop & Three Single Family Dwellings Recycling facility East South West Residential Urban Commercial Neighborhood Commercial Neighborhood Industrial Limited C-2 & M-I Single family and C-2 City of Largo Vacant ZONING AND LAND USE CONSIDERATIONS: This is the second of three cases located at the intersection of 62"d Street North and 150~ Avenue North that have been initiated by the Pinellas County Planning Department via a directive from the Board or County Commissioners to review potential zoning and land use changes to this specific area. This application is to amend the Pinellas County Future Land Use Map (FLUM) for an approximately 0.89 acre total site area from Residential Urban to lndustrial Limited and to rezone the parcels from RM-7.5 Residential Multiple 7.5 units per acre to M-I, Light Manufacturing & Industry along with a variance for each of three lots to have less than the required 12,000 sq. ft. minimum lot size and for one of the lots to have 77.7 ft. in lot width where 80 ft. is required. The subject parcels contain three single family residences and an auto body repair shop. These four parcels immediately abut the proposed location of the Pinch A Penny facility located within the City of Largo. This area is designated as lndustrial Limited on the city's plan and is currently vacant. To the north of the subject case is the recycling facility that was recently amended to the M-I zoning district and the lndustrial Limited Future Land Use designation (ref. ZILU ). East of these parcels exists a hauling contractor, family residence and a vacant commercial building (associated with case # ). South of the subject site across 150~ Avenue North is an auto repairlbody shop zoned C-2. These parcels are located adjacent to both existing M-I uses and planned M-I uses. This is not a desirable scenario for residential uses as three of these lots are currently zoned, and as such, the proposed zoning and land use plan amendment in staffs opinion is appropriate at this location. It should also be noted that during the Examiners hearing for ZILU , the property owners for the residentially zoned lots expressed a desire to also be zoned M-I, with an industrial land use designation, consistent with the trend and more industrial surroundings. Approval of this amendment will be consistent with Board of County Commissioners recommendations to bring this area into conformance with the industrial nature of the area and the actual uses that are occurring. Infrastructure Impacts The property is located within the Pinellas County Water Demand Planning Area and the City of Largo Wastewater Treatment Facility Service Area. Amending the.89 acres of the subject area on the Future Land Use Map from Residential Urban & Commercial Neighborhood to lndustrial Limited could increase potable water impacts by approximately 348 gallons per day and wastewater impacts by approximately 717 gallons per day. In reference to solid waste disposal, approval of the amendment would increase the amount of solid waste generated by approximately 66 tons per year.

5 '. t ZILU Page 3 Transportation Impacts and Concurrency When comparing the subject area's development potential under it's current versus proposed Future Land Use Map (FLUM) designations, there would be a 30 trip reduction in Average Annual Daily Traffic (AADT) if the proposed amendment is approved. The uses associated with the site's current FLUM designations of Residential Urban and Commercial Neighborhood are anticipated to generate approximately 198 AADT, whereas uses associated with the proposed FLUM designation of Industrial Limited would generate approximately 168 AADT. Therefore, based on the resulting reduction, approval of this amendment would not have an adverse impact on the surrounding traffic circulation system including 66* Street North, from US Highway 19 to Ulmerton Road, which is designated in the Pinellas County Concurrency Management System as a Congestion Containment Conidor. BASED ON THE ABOVE INFORMATION THE FOLLOWING FINDINGS ARE SUBMITTED REGARDING THE APPLICANT'S REQUEST: Finding I: The amendments, as proposed, are compatible with the following principles, goals, objectives and policies of the Pinellas County Comprehensive Plan: FUTURE LAND USE AND QUALITY COMMUNITIES ELEMENT: Objective 1.2 Establish development regulations that respond to the challenges of a mature urban county with established communities that are experiencing infill development and redevelopment activity. Policy I.2.3 Plan designations on the Future Land Use Map shall be compatible with the natural environment, support facilities and services, and the land uses in the surrounding area. Objective 1.7 Policy Objective 1.11 Policy The LPA of the Board of County Commissioners shall identify existing land uses that are inconsistent with characteristics of the surrounding area on a case by case basis or through the completion of specific area studies. Pinellas County's program for eliminating or reducing these inconsistent land uses shall be based upon the regulations for nonconforming uses contained in the Pinellas County Land Development Code and any other applicable ordinances which may be developed. Pinellas County shall implement its land use policies in a manner that clearly defines the future land use categories and the regulations pertaining to them that manage growth in Pinellas County. Land use categories shall be defined with enough detail to minimize internal conflict among uses and to provide precise indications of the level of development for facility and services planning. STATEMENT OF RIGHT-OF-WAY AND DRAINAGE Surface Water Engineering has no objections. No comments were received pertaining to right-of-way.

6 Z/LU Page 4 SPECIAL NOTE REGARDING COUNTY DEVELOPMENT REGULATIONS Approval of this request does not ensure that the site can meet County development regulations, including concurrency management requirements. Attachment (Maps)

7 IL IL M-1 RM-7.5 IL M-1 - RM-7.5 RM-7.5 RU RM-7, IL - M-1 RM-7.5 RM-7.5 R RM SUBJECT PARCELS RU RM-7.5 F IL RM-7.5 RM y) n m M TH AVE N CN G2 C-2 C-2 R-4 R4 RL 7 F v) n r m CD R-4 RL R4 C-2 CN R-4 R-4 c-3 c-3 CN 4 RL R-4 R-4 R4 RJ: MAP 5 F z/lu Zoning From: C-2 & RM-7.5 To: C-3 & M-1 ~p~~12-3~0g Land Use From: RU & CN To: IL Parcel I.D And a variance for three of the lots to have less than the required 12,000 sq. It minimum 413, l4i & I4l0 lot size and for one of the lots to have 77.7 ft. in lot width where 80 It. ia required. Prepared by: Pinallas County Planning Department, revised February 13, 2009

8 RESOLUTION NO. RESOLUTION CHANGING THE ZONING CLASSIFICATION OF FOUR PARCELS OF LAND CONTAINING APPROXIMATELY $9 ACRE LOCATED ON THE NORTHWEST CORNER OF 15 0 ~ ~ AVENUE NORTH AND 6 3 STREET ~ ~ NORTH, CLEARWATER (STREET ADDRESSES BEING: Am ~ N. ~ AND 15092,15098 & ST. ~ N.); ~ PAGE 708 OF THE ZONING ATLAS, AS BEING IN SECTION 32, TOWNSHIP 29, RANGE 16; FROM C-2, GENERAL RETAIL COMMERCIAL & LIMITED SERVICES & RM-7.5, RESIDENTIAL MULTIPLE FAMILY, 7.5 UNITS PER ACRE TO C-3, COMMERCIAL, WHOLESALE, WAREHOUSING & INDUSTRY & M-1, LIGHT MANLJFAcTuRING & INDUSTRY AND A VARIANCE FOR THREE OF THE LOTS TO HAVE LESS THAN THE REQUIRED 12,000 SQ. FT. MINIMUM LOT SIZE AND FOR ONE OF THE LOTS TO HAVE 77.7 FT.IN LOT WIDTH WHERE 80 FT. IS REQUIRED; UPON APPLICATION OF THROUGH, ZLU WHEREAS, PineUas County Planning Director, Owner(s) of the property hereinafter described, has petitioned the Board of County Commissioners of Pinellas County to change the zone classification of the real property hereinafter described fiom C-2, General Retail Commercial & Limited Services & RM-7.5, Residential, Multiple Family, 7.5 units per acre to C-3, Commercial, Wholesale, Warehousing & Industry and a variance for three of the lots to have less than the required 12,000 sq. ft. minimum lot size and for one of the lots to have 77.7 ft. in lot width where 80 ft. is required; and WHEREAS, legal notice of public hearing on such proposed change of zone classification was duly published as required by law, as evidenced by publisher's &davit filed with the Clerk; and WHEREAS, said public hearing has been held on the date and at the time specified in said published notice at which citizens and interested persons have been given opportunity to be heard, and all requirements of law and of rules promulgated by this Board have been complied with; and changed. WHEREAS, this Board has determined that the zone classification of said property should be NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County in regular session duly assembled this 21" day of April 2009 that the zone classification of the following described real property in Pinellas County, Florida, to wit: "See Attached Legal" be, and the same is hereby changed fiom C-2, General Retail Commercial & Limited Services & RM- 7.5, Residential, Multiple Family, 7.5 units per acre to C-3, Commercial, Wholesale, Warehousing &

9 Industry & M-1, Light Manuf&turhg & Industry and a variance for three of the lots to have less than the required 12,000 sq. ft. minimum lot size and for one of the lots to have 77.7 ft. in lot width where 80 ft. is required, subject to an amendment to the Pinellas County Future Land Use Map from Residential Urban & Commercial Neighborhood to Industrial Limited, ZILU Commissioner which was seconded by Commissioner offered the foregoing resolution and moved its adoption, upon the roll call the vote was: Ayes: Nays: Absent and not voting:

10 APPROVED AS TO FORM OFFIChUF COUNTY ATTORNEY

11 Legal: PINEUAS GROVES SW 1/4, S 115FT OF N fl OF W 100m OF LOT 14 Legal: PINELLAS GROVES sw 114, m OF LOT 14 DESC FROM sw COR OF LOT 14 rn N 133FT FOR PO6 TH N 85FT T H Legal: PINELLAS GROVES SW 1/4, PT OF LOT 14 DESC FROM SW COR OF LOT 14 TH N 218FT FOR POB TH N 115FT Legal: PINEUAS GROVES SW 1/4, S 77.7FT OF N 327.7FT OF W looft OF LOT 14

12 ORDINANCE NO. AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF PINELLAS COUNTY, FLORIDA BY CHANGING THE LAND USE DESIGNATION OF FOUR PARCELS OF LAND CONTAINING APPROXIMATELY.89 ACRE LOCATED ON THE NORTHWEST CORNER OF AVENUE NORTH AND 63RD STREET NORTH, CLEARWATER (STREET ADDRESSES BEING: TH AVE N. AND 15092, & ST. ~ N.) ~ LOCATED IN SECTION 32, TOWNSHIP 29, RANGE 16; FROM RESID- URBAN & COMMERCIAL NEIGHBORHOOD TO INDUSTRIAL LIMITED, PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM REVIEW OF THIS ORDINANCE AT THE PUBLIC HEARING AND/OR WITH OTHER RESPONSIBLE PARTIES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the application for an amendment to the Future Land Use map of Pinellas County, Florida, hereinafter listed, has been presented to the Board of County Commissioners of Pinellas County; and WHEREAS, notice of public hearings and advertisements have been given as required by Florida Law; and WHEREAS, the comments and recommendation of the Local Planning Agency have been received and considered; and WHEREAS, this is a small-scale development amendment, as defined by Chapter (1Xc) F.S. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida in regular meeting duly assembled this 2 la day of April 2009 that: Section 1. The Future Land Use Map of Pinellas County, Florida is amended by redesignating the property described as: Four parcels of land containing approximately.89 acre located on the northwest corner of 150th Avenue North and 63rd Street North, Clearwater (street addresses being: th Ave N. and 15092, & rd St. N.). Referenced as Case Z/LU , and owned by, fiom Residential Urban & Commercial Neighborhood to Industrial Limited. See attached legal description. Section 2. This amendment shall be transmitted to the Pinellas Planning Council for action to amend the Countywide Future Land Use Plan, fiom Residential Urban & Commercial to Industrial Limited to maintain consistency with the said Plan. Section 3. This Ordinan&shall take effect upon: a) Receipt of notice fiom the Secretary of State that the Ordinance has been fded is received; and b) Approval by the Countywide Planning Authority of the requisite amendment of the Countywide Future Land Use Plan submitted herein pursuant to Chapter , Laws of Florida, as amended.

13 APPROVED AS TO FORM OFFIQE OF COUNTY APPQRbd*-. Attomev 1

14 Legat: PINELLAS GROVES SW 1/4, S 115FT OF N FT OF W looft OF LOT 14 Legal: PINELLAS GROVES SW 114, PT OF LOT 14 DESC FROM SW COR OF LOT 14 M N 133FT FOR PO6 TH N 85FT TH Legal: PINEUS GROVES SW 114, PT OF LOT 14 DESC from SW COR OF LOT 14 TH N 218R- FOR PO6 TH N 11SFT Legal: PINELLAS GROVES SW 1/4, S 77.7FT OF N 327.7R OF W 1OOFT OF LOT 14