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File #: ANX2022-11017    Version: 1 Name: 1st rdg, Ord #9645-23, 9646-23, 9647-23, ANX2022-11017, Gaspar Ad date: TBD *Per L.M. given extra time by M.Delk*
Type: Planning Case Status: Failed
File created: 4/4/2023 In control: Planning & Development
On agenda: 4/20/2023 Final action: 4/20/2023
Title: Deny the annexation, initial Future Land Use Map designation of Commercial General (CG) and initial Zoning Atlas designation of Commercial (C) District for 1224 Adams Avenue, and deny Ordinances 9645-23, 9646-23, and 9647-23 on first reading. (ANX2022-11017)
Attachments: 1. Ord 9645-23 - ANX, 2. Ord 9646-23 - FLU, 3. Ord 9647-23 - ZON, 4. ANX2022-11017_Maps_Photos

SUBJECT/RECOMMENDATION:

Title

Deny the annexation, initial Future Land Use Map designation of Commercial General (CG) and initial Zoning Atlas designation of Commercial (C) District for 1224 Adams Avenue, and deny Ordinances 9645-23, 9646-23, and 9647-23 on first reading. (ANX2022-11017)

 

Body

SUMMARY: 

This voluntary annexation petition involves a 0.313-acre property consisting of one parcel of land occupied by a detached dwelling. The property is located on the west side of Adams Avenue approximately 925 feet north of Lakeview Road and is contiguous to existing city boundaries to the north, east, and west. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the city. At the March 2, 2023 Development Review Committee (DRC) meeting, the DRC recommended denial of the proposed annexation due to inconsistences with the city’s Comprehensive Plan and Community Development Code, substandard right-of-way conditions, and a lack of readily available city services, as further explained below.

 

The property is currently designated with the Commercial General (CG) future land use category and R-4, One, Two & Three Family Residential zoning district in Pinellas County. The proposed Commercial General (CG) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. To maintain consistency between the city’s future land use category and zoning district, the property should be designated with the city’s Commercial (C) District.

 

The Planning and Development Department determined that, on balance, the proposed annexation is inconsistent with the provisions of Community Development Code Section 4-604.E as follows: 

 

                     Potable water service from the city is available to this property, but currently the account is not active. Sanitary sewer service is not readily available to this property as there is no sewer line along Adams Avenue. The segment of Adams Avenue north of Pinellas Street on which the subject property is located is Pinellas County’s jurisdiction and is substandard. The 30-foot-wide right-of-way is a dirt road in some places and terminates adjacent to the subject property with a dead-end and no area to safely turn around.  Additionally, there is overgrown vegetation near the intersection of Adams Avenue and Pinellas Street which would obstruct city solid waste vehicles from entering the street. These deficiencies impact the city’s ability to provide solid waste service without creating undue risk to persons and property.

 

The property is located within Police District II and service would be administered through the district headquarters located at 645 Pierce Street if this annexation petition were to be approved. Fire and emergency medical services would be provided to this property by Station #47 located at 1460 Lakeview Road. Although the city has adequate capacity to serve this property with potable water, police, fire and EMS service, solid waste and sanitary sewer services are not available to this property.

 

                     The proposed annexation is inconsistent with and does not promote the following policies of the Clearwater Comprehensive Plan:

 

Policy A.7.2.2 Provide for public facilities and/or improvements to existing facilities to ensure an appropriate standard is met for areas being considered for annexation.

 

Policy D.2.2.3 Provide collection service to every residential and commercial location within the Clearwater City limits.

 

The city does not provide sanitary sewer service to properties on Adams Avenue and is unable to provide solid waste service due to the substandard condition of the existing right-of-way; therefore, DRC is not recommending to annex it at this time. There is currently no plan to extend sewer service to this area in the future.

 

                     As previously stated, the proposed Commercial General (CG) Future Land Use Map category is consistent with the current Countywide Plan designation of the property, and to maintain consistency with the future land use map, the proposed zoning district to be assigned to the property is the Commercial (C) District. The CG future land use designation primarily permits office, retail sales and service, and overnight accommodations uses at an intensity of 0.55 FAR. The subject property is an existing detached dwelling which is not a listed use in the Commercial (C) District. The proposed annexation is therefore consistent with the Countywide Plan, but is inconsistent with the city’s Comprehensive Plan and the use is inconsistent with the Community Development Code; and

 

                     The property proposed for annexation is contiguous to existing city boundaries to the north, east, and west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044.