Zoning Case No. (Q) Z-1;2-08 (Shawn Waller) Paul Cassel, Director. Building & Development Review Services

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1 BOARD OF COUNTY COMMISSIONERS DATE: April 22, 2008 AGENDA ITEM NO. Consent Agenda Regular Agenda 0 Public Hearing Subiect: Zoning Case No. (Q) Z-1;2-08 (Shawn Waller) Department: Building & Development Review Services Recommended Action: St ff M-mber Respon-ible: Paul Cassel, Director PINELLAS COUNTY STAFF AND THE EXAMINER RECOMMEND APPROVAL BASED UPON THE FINDINGS IN THIS REPORT. Summary Ex planationlbac kcwound: See attached Pinellas County Staff and Examiner Report. Fiscal ImpactlCostlRevenue Summary: NIA ExhibitslAttachments Attached: Locator Map, Examiner Report, Zoning Map & Resolution

2 I Zoning From: R-4 TO: C-1 LPA And a variance for lot width. Parcel I.D / /002/0040 A Prenared bv: Pinellas Countv Plannina Department, January 18, 2008, revised March 3, 2008

3 PINELLAS COUNTY STAFF AND EXAMINER REVIEW AND RECOMMENDATION Case No (m Local Planninq Agency (LPA) Public Hearinq Date: March 7 7, 2008 APPLICANT S NAME: REPRESENTED BY: Shawn Waller NIA REQUEST FOR: Zone change from: R-4, One, Two & Three Family Residential to: C-1, Neighborhood Commercial District and a variance for lot width. GENERAL LOCATION: A parcel of land containing approximately.8 acre located on the west side of Clay Avenue, 1 17 ft. south of Ulmerton Road, Largo. HEARING DATE: April 22, 2008 RECOMMENDATION: PINELLAS COUNTY STAFF AND THE EXAMINER RECOMMEND APPROVAL BASED UPON THE FINDINGS IN THIS REPORT. The LPA agrees with the staff recommendation(s): YES NO If NO, Alternative LP Date: March 17, 2008 EARING AT THE P ZONING EXAMINER S HEARING AND CORRESPONDENCE RECEIVED AS OF THE DATE OF THIS REPORT: No one appeared in favor or against. No letters received. PERSONS APPEARING AT THE LOCAL PLANNING AGENCY S HEARING AND CORRESPONDENCE RECEIVED AS OF THE DATE OF THIS REPORT: (Type in correspondence) SURROUNDING ZONING AND LAND USE FACTS: Subject Property: Adjacent Properties: North East South West Land Use Category Commercial General Commercial General Commercial General Residential Low Commercial Neighborhood Zoning Designation Existing Use R-4 S FD/Off~ce c-2 Retail Business c-2 Retail Business R-4 Residential, c-1, Retail Business -

4 .* \ Z Page 2 ZONING AND LAND USE CONSIDERATIONS: The applicant s request is to amend the Pinellas County Zoning Atlas Map for an approximately.8 acre site from R-4, One, Two & Three Family Residential to C-I, Neighborhood Commercial District. The subject site is occupied with a single family residence/office. The site is designated as Commercial General on the Pinellas County Future Land Use Map (FLUM). The site is located approximately 117 ft. south of Ulmerton Road and lies within the established depth of 175 ft. of either commercial general or residential/office/retail land use designations in the area between Washington Avenue and the CSX railroad right-of-way. The site is bordered to the north, east and west by retail businesses such as a convenience store and the applicant s own landscape materials business. Approval of the zone change and the requested lot width variance will resolve the zoning conflict that exists on this site and the deficiency in lot width (i.e., 58 ft. wide where 60 ft width is required). Note: As the structure is existing and not proposed to be enlarged no variance is required at this time for the structures location to the adjacent residential lot to the south. BASED ON THE ABOVE INFORMATION THE FOLLOWING FINDINGS ARE SUBMllTED REGARDING THE APPLICANT S REQUEST: Finding 1 : The amendments, as proposed, are consistent with the following principles, goals, objective and policies of the Pinellas County Comprehensive Plan: Objective 1-1 Policy 1.I.3 Policy Policy Development intensities shall be compatible with environmental features and with surrounding land uses, both developed and undeveloped. Plan designations shall be compatible with the natural environment, support facilities and services, and the land uses in the surrounding area. Zoning, signage, subdivision, and other existing County land development regulations that are discussed in any element of the Pinellas County Comprehensive Plan or have been approved by the Board of County Commissioners shall be consistent with the Plan and include additional regulations that are specified by and based upon the Plan. Pinellas County shall promote the concentration or clustering of community or neighborhood commercial development in order to achieve optimal land use relationships, avoid commerciial intrusion and impacts into established neighborhoods, achieve compatibility with traffic movement objectives, minimize air pollution, and serve the immediate retail shopping needs of limited or defined geographic areas. STATEMENT OF RIGHT-OF-WAY AND DRAINAGE Surface Water Engineering has no objections. No comments were received pertaining to right-of-way. 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)

5 TU ULMERTON RD R.4 R-i R-4 R-4 I I Zoning From: R-4 And a variance for lot width.

6 7. A RESOLUTION NO. RESOLUTION CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF LAND CONTAINING APPROXIMATELY.8 ACRE LOCATED ON THE WEST SIDE OF CLAY AVENUE, 117 FT. SOUTH OF ULMERTON ROAD, LARGO; PAGE 241 OF THE ZONING ATLAS, AS BEING IN SECTION 11, TOWNSHP 30, RANGE 15; FROM R-4, ONE, TWO & THREE FAMILY RESIDENTIAL TO c-1, NEIGHBORHOOD COMMERCIAL DISTRICT AND A VARIANCE FOR LOT WIDTH; UPON APPLICATION OF SHAWN WALLER, Z WHEREAS, Shawn Waller, Owner(s) of the property hereinafter described, has petitioned the Board of County Coinmissioners of Pinellas County to change the zone classification of the real property hereinafter described from R-4, One, Two & Three Family Residential to C-1, Neighborhood Commercial District and a variance for lot width; 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 affidavit 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 WHEREAS, this Board has determined that the zone classification of said property should be changed. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pinellas County in regular session duly assembled this 221d day of April 2008, that the zone classification of tlie following described real property in Pinellas County, Florida, to wit: Lots 4 and 5, Block 2, ULMERTON, according to the map or plat thereof as recorded in Plat Book 6, page 3 1, Public Records of Pinellas County, Florida be, and the sanie is hereby changed from R-4, One, Two & Three Family Residential to C-1, Neighborhood Corninercial District and a variance for lot width. Commissioner seconded by Commissioner offered tlie foregoing resolution and moved its adoption, wliich was upon the roll call the vote was: Ayes: Nays: Absent and not voting:

7 APPROVED AS TO FORM OFFICE Of COUNTY AnORNEY