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File #: 16-106A    Version: 1
Type: Zoning / Land Use and Related Item Status: Passed
File created: 1/19/2016 Department: Planning
On agenda: 2/23/2016 Final action: 2/23/2016
Title: Case No. Q Z/LU-34-12-15 (Kamran & Dori Rouhani, Parviz Rouhani, A.E.C. 2159 LLC, and Emerald Garden Real Estate, Inc.) A request for a land use change from Residential Suburban to Institutional and a zoning change from A-E, Agricultural Estate Residential & R-R, Rural Residential to IL-CO, Institutional Limited-Conditional Overlay, with the Conditional Overlay limiting the use of the property to an assisted living facility with a maximum of 60 beds, inclusive of services defined by the State as independent living, assisted living care, skilled nursing care, extended congregate care, long-term care and/or memory care, and including physical rehabilitative and physician support services for occupants of the 60 beds of the facility; provided, however, that no such services shall be provided for external patients who are not occupants of the facility on approximately 2.5 acres located 680 feet north of Union Street on the west side of McMullen Booth Road in the unincorporated area of Cle...
Attachments: 1. State-filed Ordinance 16-12, 2. Adopted Ordinance 16-12, 3. BCC Meeting Comment Cards, 4. Adopted Resolution 16-15, 5. Affidavit of Publication for Notice of Public Hearing, 6. Attachment 5 - Ordinance-AATF, 7. Attachment 6 - Ordinance-DRAFT, 8. Attachment 13 - Corres_ZLU-34-12-15.pdf, 9. Attachment 7 - Legal Desc-Exhibit A.pdf, 10. Attachment 4 - Legal Desc-Exhibit A.pdf, 11. Attachment 11 - BCC Ad 2-23-16.pdf, 12. Attachment 3 - Resolution-AATF, 13. Attachment 12 - Ad-Map.pdf, 14. Attachment 10 - Powerpoint_ZLU-34-12-15.pdf, 15. Attachment 9 - Traffic Analysis.pdf, 16. Attachment 8 - Impact Assessment.pdf, 17. Attachment 2 - Case Maps.pdf, 18. Attachment 1 - LPA Report_Final.doc
Related files: 16-596A

Subject:

Title

Case No. Q Z/LU-34-12-15 (Kamran & Dori Rouhani, Parviz Rouhani, A.E.C. 2159 LLC, and Emerald Garden Real Estate, Inc.)
A request for a land use change from Residential Suburban to Institutional and a zoning change from A-E, Agricultural Estate Residential & R-R, Rural Residential to IL-CO, Institutional Limited-Conditional Overlay, with the Conditional Overlay limiting the use of the property to an assisted living facility with a maximum of 60 beds, inclusive of services defined by the State as independent living, assisted living care, skilled nursing care, extended congregate care, long-term care and/or memory care, and including physical rehabilitative and physician support services for occupants of the 60 beds of the facility; provided, however, that no such services shall be provided for external patients who are not occupants of the facility on approximately 2.5 acres located 680 feet north of Union Street on the west side of McMullen Booth Road in the unincorporated area of Clearwater (street addresses: 2159, 2167, and 2175 McMullen Booth Road).

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Recommended Action:

Recommended Action

Adoption of Case No. Q Z/LU-34-12-15: An Ordinance approving the application of Kamran & Dori Rouhani, Parviz Rouhani, A.E.C. 2159 LLC, and Emerald Garden Real Estate, Inc. for a change in land use from Residential Suburban to Institutional and a Resolution approving a change in zoning from A-E, Agricultural Estate Residential & R-R, Rural Residential to IL-CO, Institutional Limited-Conditional Overlay with the Conditional Overlay limiting the use of the property to an assisted living facility with a maximum of 60 beds, inclusive of services defined by the State as independent living, assisted living care, skilled nursing care, extended congregate care, long-term care and/or memory care, and including physical rehabilitative and physician support services for occupants of the 60 beds of the facility; provided, however, that no such services shall be provided for external patients who are not occupants of the 60 beds of the facility on approximately 2.5 acres located 680 feet north of Union Street on the west side of McMullen Booth Road (street addresses being: 2159, 2167, and 2175 McMullen Booth Road).

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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:

The proposed use within the 2.5-acre subject area is an assisted living/memory care facility (ALF/MCF) with skilled nursing, rehabilitative and physician support services to serve its occupants. To facilitate this use, the applicant is requesting a Future Land Use Map (FLUM) amendment from Residential Suburban to Institutional and a Zoning Atlas Amendment from A-E, Agricultural Estate Residential (on the south three lots) and Rural Residential (on the north lot) to IL-CO, Institutional Limited with a Conditional Overlay. The applicant is proposing a Conditional Overlay to limit the use of the property to an assisted living facility with a maximum of 60 beds, inclusive of services defined by the State as independent living, assisted living care, skilled nursing care, extended congregate care,  long-term care and/or memory care,  and including physical rehabilitative and physician support services for occupants of the 60 beds of the facility; provided, however, that no such services shall be provided for external patients who are not occupants of the 60 beds of the facility. Without these restrictions, the property would be open to the full range of uses permitted by the IL zoning district and would permit a maximum of 94 beds.  

 

The subject area’s south parcel currently contains the two-story 20-bed Emerald Garden ALF that was permitted via a Special Exception granted by the Board of Adjustment in 1998. The north parcel contains a single family home and the two middle parcels are vacant. In 2013, the Board of Adjustment granted the applicant a second special exception that allowed for the expansion of the ALF via an ancillary building for physical therapy and doctors’ offices in conjunction with the ALF. The proposed land use and zoning amendments including the Conditional Overlay, however, more accurately document the applicant’s intended use of the subject area and provide the appropriate mechanism for permitting the intended use of the property. The proposed skilled nursing, rehabilitative and physician support services will be for occupants of the facility only and will not be a standalone medical office, a use that is not permitted within the IL zoning district. Other institutional-type uses along this stretch of McMullen Booth Road include places of worship and schools. The roadway is otherwise predominantly residential in nature with the exception of nodes of retail commercial and office uses generally located at major intersections.

 

The proposed 60-bed ALF/MCF could generate approximately 64 additional average daily trips (AADT) on McMullen Booth Road. In this location the roadway is operating at a peak hour level of service (LOS) F and is considered a constrained roadway with a volume-to-capacity ratio (V/CR) of 1.37. The 64 additional average daily trips are not expected to significantly impact the operational characteristics of McMullen Booth Road, however, as it represents a very small percentage of the overall traffic volume on the roadway (69,459 AADT as of 2014). The subject property is within the City of Clearwater’s sanitary sewer service and potable water distribution areas. Approval of the request should not negatively impact the provision of solid waste, potable water and sanitary sewer services.

 

McMullen Booth Road is a designated Scenic/Non-Commercial Corridor (SNCC) as recognized by the Pinellas County Comprehensive Plan. Development other than low density residential is typically not encouraged along SNCCs. The proposed ALF, however, limited by the restrictions imposed by the Conditional Overlay, is felt to be consistent with Policy 1.10.2 of the Future Land Use and Quality Communities Element. Any future development on the site will be subject to additional landscaping requirements as necessitated by SNCC standards.

 

The proposed Institutional FLUM category and IL-CO zoning designation are appropriate based on the historic and current use as a 20-bed ALF on a portion of the site, compatibility with surrounding uses and consistency with the Pinellas County Comprehensive Plan.

 

Background Information:

The Local Planning Agency (LPA) unanimously recommended approval of the request during its December 10, 2016 public hearing (Vote 6-0).

 

Fiscal Impact:

N/A

 

Staff Member Responsible:

Gordon Beardslee, Director, Planning

 

Partners:

N/A

 

Attachments:

LPA Report
Case Maps
Resolution
Legal Description
Ordinance
Legal Description
Impact Assessment
Traffic Analysis
Power Point Presentation
Ad
Ad Map
Correspondence