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File #: 15-833    Version: 1
Type: Zoning / Land Use and Related Item Status: Passed
File created: 11/16/2015 Department: Board of County Commissioners
On agenda: 12/15/2015 Final action: 12/15/2015
Title: Case No. Q Z/LU-30-11-15 (Senior Development Partners, LLC) A request for a land use change from Residential Rural to Institutional and a zoning change from RPD-0.5-W, Residential Planned Development, 0.5 unit per acre-Wellhead Protection Overlay to IL-CO-W, Institutional Limited-Conditional Overlay-Wellhead Protection Overlay with the Conditional Overlay restricting the use of the property to an assisted living/memory care facility, limiting the maximum number of beds to 64 and limiting the building to one story at a maximum height of 30 feet on approximately 4.2 acres located at the northeast corner of the intersection of East Lake Road and Foxwood Lane in East Lake Tarpon.
Attachments: 1. Attachment 1 - LPA Report, 2. Attachment 2 - Case Maps, 3. Attachment 3 - Resolution, 4. Attachment 4 - Ordinance, 5. Attachment 5 - Impacts Assessment, 6. Attachment 6 - Traffic Analysis, 7. Attachment 7 - Ad, 8. Attachment 8 - Ad Map, 9. Attachment 9 - Affidavit of Publication, 10. Attachment 10 - Zoning & Development Mitigation Settlement Agreement.pdf, 11. Attachment 11 - Adopted Resolution 15-134, 12. Attachment 12 - Adopted Ordinance 15-51, 13. State-filed ORD 15-51, 14. Attachment 14 - BCC Meeting Comment Cards, 15. Attachment 15 - Correspondence Received
Related files: 16-222A
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Subject:

Title

Case No. Q Z/LU-30-11-15 (Senior Development Partners, LLC)
A request for a land use change from Residential Rural to Institutional and a zoning change from RPD-0.5-W, Residential Planned Development, 0.5 unit per acre-Wellhead Protection Overlay to IL-CO-W, Institutional Limited-Conditional Overlay-Wellhead Protection Overlay with the Conditional Overlay restricting the use of the property to an assisted living/memory care facility, limiting the maximum number of beds to 64 and limiting the building to one story at a maximum height of 30 feet on approximately 4.2 acres located at the northeast corner of the intersection of East Lake Road and Foxwood Lane in East Lake Tarpon.

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Recommended Action:

Recommended Action

Adoption of Case N. Q Z/LU-30-11-15: A resolution approving the application of Senior Development Partners, LLC for a change of zoning from RPD-0.5-W, Residential Planned Development, 0.5 units per acre with a Wellhead Protection Overlay to IL-CO-W, Institutional Limited with a Wellhead Protection Overlay and a Conditional Overlay restricting the use of the property to an assisted living/memory care facility, limiting the maximum number of beds to 64 and limiting the building to one story at a maximum height of 30 feet, and an ordinance for approval of a change in land use from Residential Rural to Institutional, regarding approximately 4.2 acres located at the northeast corner of the intersection of East Lake Road and Foxwood Lane.

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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:

Covering approximately 4.2 acres, the subject property consists of two lots within the Foxwood Estates subdivision. The east lot contains a single family home (proposed for demolition) and the west lot is vacant. It is just south of the Crescent Oaks residential community and just east of Cypress Run. The Crescent Oaks golf course and stormwater ponds are adjacent to the north, newly-constructed homes within the Foxwood Estates subdivision and stormwater ponds are to the east, a veterinary hospital is to the south and a preservation area associated with the Cypress Run subdivision is to the west across East Lake Road.

The applicant is requesting a Future Land Use Map (FLUM) amendment from Residential Rural to Institutional and a Zoning Atlas Amendment from RPD-0.5-W, Residential Planned Development, 0.5 unit per acre with a Wellhead Protection Overlay to IL-CO-W, Institutional Limited with a Conditional Overlay and a Wellhead Protection Overlay. The Conditional Overlay is a new option adopted by the Board in August 2015 that allows the imposition of certain restrictions on the potential uses and development intensity of a property in order to enhance its compatibility with the surrounding area. In this case the applicant is proposing to restrict the use of the property to an assisted living/memory care facility (ALF/MCF), limiting the maximum number of beds to 64 and limiting the proposed building to one story at a maximum height of 30 feet. Without these restrictions, the property would be open to the full range of uses permitted by the Institutional Limited zoning district, a maximum density of 158 beds and a maximum height of 50 feet.  

The subject property is located within the boundaries of the East Lake Tarpon Community Overlay, which describes the community’s desire to maintain its low-density residential character, expansive open spaces and limited commercial development. East Lake Road within the area is currently operating at a peak hour level of service C and is not considered a constrained roadway north of Keystone Road. The proposed project is expected to generate approximately 114 additional average daily trips on East Lake Road, which should have minimal impacts on its carrying capacity.

It is staff’s conclusion that the proposed Institutional zoning and land use designations are appropriate based on compatibility with surrounding uses and consistency with the Pinellas County Comprehensive Plan. The scale of the building and the proposed use as restricted by the Conditional Overlay are in keeping with the parameters of the East Lake Tarpon Community Overlay. An ALF/MCF is a quiet use that generates little traffic. The subject property’s location along a four-lane divided arterial roadway will provide good access to the project, which will pose minimal impacts to the carrying capacity of East Lake Road and other types of infrastructure.

 

Background Information:

The Local Planning Agency (LPA) unanimously recommended approval of the request during its November 12, 2015 public hearing (Vote: 6-0). The approval was with the understanding that the applicant committed at the LPA hearing to provide a 20-foot wide landscape buffer on the east side of the subject property closest to the residential uses to the east. This understanding is not legally binding, however, as landscape buffers cannot be addressed via a Conditional Overlay.

During the LPA hearing, some neighbors within the adjacent Foxwood Estates subdivision voiced opposition to the proposal based on it being out of scale and incompatible with their residential homes. This concern is what drove the request for the 20-foot wide landscape buffer from the LPA. The LPA cited the adjacent veterinary office and other institutional type uses in the area as reasons for supporting the application. Also, in 2013 the Board approved a Special Exception for a 5,000 square foot medical office on the west parcel of the subject area in association with a zoning amendment application. The medical office was never constructed and  the Special Exception approval has since expired.

The Board denied (5-2 vote) a request for a proposed ALF on the subject property in February 2014. That request proposed the same land use and zoning designations of the current application with the exception of the Conditional Overlay, a tool that was not available at the time. The previous request also included a variance for the number of parking spaces, whereas the current proposal does not. With the 2014 case, the applicant proposed an ALF use only with a maximum 68 beds and a building height of 35 feet. These were to be enforced as conditions of the requested parking variance. A Development Agreement was not part of the application. There was public opposition to the proposal, particularly from individuals living in the Cypress Run subdivision who felt it was too intensive and not consistent with the surrounding residential and recreational communities. The current applicants have reached out to nearby residential communities to garner support for the new request. The requested number of beds is somewhat lower than the previous proposal, the maximum building height is somewhat lower and limited to one story, the parking variance request is eliminated, and if approved the Conditional Overlay will be in place to formalize these restrictions. The Conditional Overlay could only be removed or altered by future Board of County Commissioners action at a public hearing. .

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Gordon Beardslee, Director, Planning

 

Partners:

N/A

 

Attachments:

LPA Report
Case Maps
Resolution
Ordinance
Impacts Assessment
Traffic Analysis
Ad
Ad Map