Subject:
Title
Case No. Q Z/LU-12-5-16 (Martin Rosato)
A request for a land use change from Recreation/Open Space to Institutional, and a zoning change from A-E, Agricultural Estate Residential to PSP-CO, Public/Semi-Public-Conditional Overlay, with the Conditional Overlay limiting the use of the property to a medical clinic with a maximum 0.2 floor area ratio on approximately 2 acres located on the east side of McMullen Booth Road approximately 700 feet north of Curlew Road in Palm Harbor.
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Recommended Action:
Recommended Action
Denial of Case No. Q Z/LU-12-5-16: An Ordinance approving the application of Martin Rosato for a land use change from Recreation/Open Space to Institutional, and a Resolution approving a zoning change from A-E, Agricultural Estate Residential to PSP-CO, Public/Semi-Public-Conditional Overlay with the Conditional Overlay limiting the use of the property to a medical clinic with a maximum 0.2 floor area ratio (FAR), regarding approximately 2 acres located on the east side of McMullen Booth Road approximately 700 feet north of Curlew Road.
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Strategic Plan:
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Summary:
The subject property consists of a vacant two-acre parcel with frontage along the east side of McMullen Booth Road, approximately 700 feet north of Curlew Road. The site lies along a 0.6-mile stretch of contiguous Recreation/Open Space designated land between Curlew Road and the access ramp to Tampa Road. The Lake Tarpon Outfall Canal is to the east of the site, the Canal’s water control structure is to the north, a County-owned stormwater retention pond is to the south, and a multifamily residential development (Landmark Oaks) is to the west across McMullen Booth Road. The water control facility and its associated building are the only structures that currently exist on the east side of McMullen Booth Road in the vicinity. The rest of the area consists of stormwater ponds and undeveloped open space.
The proposed use is a medical clinic, specifically the new location for a dental practice that is currently located off Tampa Road near US-19. To facilitate this use, the applicant is requesting a Future Land Use Map (FLUM) amendment from Recreation/Open Space (R/OS) to Institutional and a Zoning Atlas Amendment from A-E, Agricultural Estate Residential to PSP-CO, Public/Semi-Public with a Conditional Overlay limiting the use of the property to a medical clinic with a maximum 0.2 floor area ratio (FAR).
The subject area was formerly owned by Pinellas County. In 2005, the County swapped ownership with the Southwest Florida Water Management District (SWFWMD) for a separate site located to the northeast on the other side of the canal. The County elected to swap the site due to public opposition to a proposed water tower. The County subsequently built the tower on the site it obtained in the swap. In 2014, the SWFWMD declared the subject area as surplus property and sold it to the current property owner.
The only development rights currently in place on the subject property are those permitted under the R/OS FLUM category. The Pinellas County Comprehensive Plan clearly encourages the retention of non-dedicated (privately-owned) recreation/open space land. The requested PSP-CO zoning district could potentially permit up to a 17,424 square foot medical clinic based on the subject property’s two-acre size and the restrictions of the proposed conditional overlay. This would be a stark contrast to the vacant green space that exists now. There are potential development issues (e.g. traffic and access) and site planning constraints on this property that may impact the final buildout, but those issues cannot be vetted because a concept plan is not required at this stage in the process and the applicant is unwilling to prepare one.
A future medical clinic under the parameters of this proposal could generate approximately 455 additional average daily trips (AADT) on McMullen Booth Road. The section of McMullen Booth Road near the subject property is the only portion of the roadway between Keystone Road and Gulf-to-Bay Boulevard that is not considered Deficient. This is largely due to the lack of development along this stretch of road. The site is, however, located within a half-mile of portions of the road corridor that are considered Deficient. Because of this, any site development would be subject to mobility mitigation requirements as determined during site plan review.
There are potential issues regarding the subject property’s interaction with the current configuration of McMullen Booth Road, specifically regarding the possible need for and the feasibility of merge lanes, turn lanes and median openings. The posted speed limit is 50 miles per hour on this stretch of the roadway, which adds to the complexity of ensuring that safety is maintained. The applicant submitted a traffic analysis during the Local Planning Agency public hearing, however questions and interpretation differences remain. It is staff's position that the site developer should address roadway improvements necessitated by the site's development. A way to ensure this occurs is via a development agreement. Because the applicant has not provided a concept plan, the parameters of such an agreement cannot be determined. The conditional overlay as proposed provides certainty as to the specific type of use that can occur on the site, but it does not cover the range of specific conditions that can be addressed via a development agreement.
McMullen Booth Road is a designated Scenic/Non-Commercial Corridor (SNCC), where development other than low density residential is typically not preferred. During recent months the Board on three occasions amended the land use and zoning on properties fronting the McMullen Booth Road/East Lake Road corridor to Institutional, following staff recommendations of approval. None of these properties, however, were amended from R/OS, and all of them involved assisted living facilities with restricted bed densities. Any future development of the subject property will be subject to additional landscaping requirements as necessitated by SNCC standards.
The proposed Institutional FLUM category and PSP-CO zoning district are inappropriate for the subject property. The restrictions proposed under the conditional overlay will limit the use of the site to a medical clinic, however other important development-related concerns remain unaddressed. The potential impacts to the operational characteristics of McMullen Booth Road remain unclear. The Comprehensive Plan explicitly encourages the retention of recreation/open space land uses. Development of the site would disrupt a 0.6-mile stretch of uninterrupted recreation/open space designated land that is a rarity along the McMullen Booth Road corridor. The limited development parameters of the R/OS FLUM category were in place on the property when it was purchased by the applicant in 2014, with no guarantee of their future amendment.
The site is attractive as a future business location as it provides a rare opportunity to develop vacant land in Pinellas County from the ground up. There are other opportunities, however, to redevelop underutilized sites in northern Pinellas County without the need for land use and zoning amendments. Doing so would provide for the betterment of an existing site while preserving an increasingly rare open space resource. It is staff's conclusion that there are no compelling reasons nor overarching public benefit to justify granting the requested amendments.
Background Information:
The Local Planning Agency (LPA) recommended denial of the request during its September 15, 2016 public hearing (Vote 5-0).
Fiscal Impact:
N/A
Staff Member Responsible:
Renea Vincent, Director, Planning
Partners:
N/A
Attachments:
LPA Report
Impact Assessment
Traffic Analysis
Case maps
Supplemental Info
Resolution
Ordinance
Correspondence
Power Point Presentation
Legal Ad
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