Subject:
Title
Case No. ZON 23-03 (Community Assisted & Supported Living, Inc.)
A request for a change of Zoning on approximately 2.79 acres located at 13000 Park Boulevard in unincorporated Seminole from Residential Estate to Multi-family Residential - Conditional Overlay with the Conditional Overlay and an associated Development Agreement limiting the number of residential dwelling units to a maximum of 20 that will include a combination of one and two bedroom units in single story accessory residential structures, to be occupied as independent housing for a maximum of 24 Persons with Developmental Disabilities, as defined by Florida Statute Section 393.063(1), with supportive housing services for onsite residents only. The existing two-story structure is allowed to remain. Required minimum setbacks shall be 25 feet front, 15 feet sides, and 200 feet rear. (Quasi-Judicial) (Companion to Item No. 6)
label
Recommended Action:
Recommended Action
Based upon the evidence and findings contained in the staff report and attachments, Case No. ZON-23-03 is recommended for approval:
A resolution approving the application of Community Assisted & Supported Living, Inc. for a change in zoning from Residential Estate (R-E) to Multi-family Residential - Conditional Overlay (RM-CO) with an associated Development Agreement.
• A zoning change on a 2.79-acre single-family residential property is requested.
• The proposed future use is housing for the developmentally disabled.
• The subject property is in a transitional location fronting a four-lane roadway between a commercial/office node and single-family homes.
• The applicants are also pursuing a Land Use amendment as a separate case.
• The Board denied without prejudice a similar request in January 2023, citing compatibility concerns with nearby residential uses.
• The applicant has attempted to address the concerns by increasing setbacks and including a Development Agreement to make the concept plan legally binding.
• The Local Planning Agency recommended approval of the current request (vote 5-2), with most members concluding that compatibility concerns had been adequately addressed. Four people spoke in opposition (with five people donating their time so one could speak longer) and six letters in opposition and a petition with 338 signatures in opposition were received.
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Strategic Plan:
Foster Continual Economic Growth and Vitality
4.3 Catalyze redevelopment through planning and regulatory programs
Deliver First Class Services to the Public and our Customers
5.2 Be responsible stewards of the public’s resources
Summary:
Summary
On January 31, 2023, the Board denied without prejudice a similar request on the subject property (case # FLU-22-04 and, by default, related case # ZON-22-05). The primary differences with this new application are the increased distance of the proposed minimum rear setback, from 120 feet to 200 feet, and the addition of the proposed Development Agreement, which makes the concept plan legally binding. The Board cited compatibility concerns with the residential uses to the south and east in their denial decision. The increased setback provides additional buffering between any future residences on the subject property from homes on adjacent lots and the Development Agreement ensures that the concept plan must be followed.
Current request -
The subject property consists of 2.79 acres located on the south side of Park Boulevard about 435 feet east of 131st Street North (Vonn Road) in unincorporated Seminole (address: 13000 Park Boulevard). The site currently has a single-family home and some related accessory structures. The applicants wish to change the use and develop independent housing for up to 24 persons with developmental disabilities as defined by Florida Statute Section 393.063(1), which is: “Development disability” means a disorder or syndrome that is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.
A maximum of 20 residential dwelling units are proposed, which would include a combination of one (1)- and two (2)-bedroom units in single story attached residential structures. Supportive housing services would be provided to residents of the development only. The existing two (2)-story single-family home would be utilized as part of the project. The property is currently zoned R-E, which allows only single-family detached homes and accessory agriculture uses. Therefore, the proposed use will require a zoning change. An amendment to RM-CO, is proposed. The Conditional Overlay would limit the future uses as described above. In addition, the minimum required front and side setbacks for main structures are proposed to be the same as those of the existing R-E district, 25 and 15 feet respectively, while the minimum rear setback would be 200 feet, which is significantly larger than the 20 feet required in R-E.
The proposed associated Development Agreement generally mimics the limitations and requirements of the Conditional Overlay and additionally does the following: 1) Establishes setback requirements for accessory structures, which will exceed the minimum standards of the existing R-E zoning district for front and side setbacks and will be at least 100 feet for the rear setback, which will allow for the placement of the gazebo as depicted on the concept plan, 2) includes a concept plan that is legally binding and requires substantial conformance to the placement of structures and other parts of the development as depicted, and 3) requires the recording of a deed restriction prior to the approval of a site plan or issuance of a development permit, which will make the development limitations within the Development Agreement perpetual and may be amended or terminated only with the consent of the County. The deed restriction would ‘run with the land’ and apply to future owners. Notably, the binding concept plan places the new residential structures away from the residential homes on neighboring properties. The nearest new residential structure is shown to be 138 feet from the closest neighboring residential property line (that is not owned by the applicant). This provides a sizable buffer.
Companion land use amendment -
The applicants are also pursuing a Future Land Use Map (FLUM) amendment on the subject property from Residential Suburban (2.5 units per acre maximum) to Residential Low (5.0 units per acre maximum) (Case # FLU-23-03) to facilitate the desired number of residential units. If the FLUM and zoning amendments are approved, the applicants have indicated that they will then pursue an affordable housing density bonus to allow the 20 proposed residential dwelling units. The density bonus request would be administratively reviewed by staff and the overall development would be subject to site plan review and permitting. Without the density bonus, a maximum of 14 residential units would be allowed if the companion land use case is approved.
Surrounding uses and zoning designations -
The subject property is located on the south side of Park Boulevard adjacent to a commercial node that is centered on the Vonn Road intersection to the west. Park Boulevard is a four-lane divided arterial roadway. A medical clinic is immediately adjacent to the west of the subject site, beyond which are various commercial uses including retail, a restaurant, and a gas station. A retail shopping center is to the north across Park Boulevard and single-family homes are to the south and east. The adjacent house fronting Park Boulevard to the east is owned by the applicants and utilized for a similar type of independent housing that is proposed on the subject property, but on a smaller scale. Most of the properties fronting Park Boulevard in this general area that are outside of commercial/office nodes are single-family residential, with some scattered institutional type uses. The nearest existing RM-zoned property is several blocks to the east, however the C-2 zoned properties within the adjacent commercial node would allow for multifamily development. The proposed multifamily project can be considered an appropriate transition use between the commercial node to the north and west and the single-family homes to the south and east.
Flood risk -
The subject property has a low flood risk and is not within the Coastal High Hazard Area or Coastal Storm Area, however it is potentially susceptible to storm surge from a Category 4 or higher hurricane (Evacuation Zone D). The Land Development Code does not prohibit the proposed use in such areas.
Conclusion -
The DRC is of the opinion that the proposed RM-CO zoning is appropriate when considering the limitations being placed by the Conditional Overly and Development Agreement, including the additional buffering as depicted on the binding concept plan, and the subject property’s transitional location fronting an arterial roadway between the neighboring commercial node and single-family homes. As the only access to the subject property is from Park Boulevard, there is no direct connection to the surrounding residential properties. The Conditional Overlay and Development Agreement will not allow traditional apartment or condominium development and will limit new construction to single-story only. The DRC also finds the zoning amendment and Development Agreement consistent with the Pinellas County Comprehensive Plan, subject to the approval of the companion FLUM amendment case.
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Background Information:
The LPA recommended approval of the request during its September 13, 2023, public hearing (Vote 5-2).
Surrounding property owners within 750 feet of the subject site were notified by mail. A sign advertising the public hearings was posted on the subject property.
Fiscal Impact:
N/A
Staff Member Responsible:
Carol Stricklin, Director, Housing and Community Development
Partners:
N/A
Attachments:
LPA Report
Case Maps
Development Agreement
Resolution
Narrative
Planning Report
Binding Concept Plan
Certification of Ownership
Survey
Public Notification Map
PowerPoint Presentation
Legal Ad
Legal Ad Map
Correspondence