File #: LUP2018-02002    Version: Name: Continue to 10/4/2018: 1st rdg. LUP2018-02002, Ord. #9150-18,Todd Pressman, 1510 Barry Rd and unaddressed parcel
Type: Planning Case Status: Public Hearing
File created: 8/31/2018 In control: Planning & Development
On agenda: 10/4/2018 Final action: 10/4/2018
Title: Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Institutional (I) category for 1510 Barry Road; and do not pass Ordinance 9150-18 on first reading. (LUP2018-02002)
Attachments: 1. Ord 9150-18 and exhibits LUP2018-02002.pdf, 2. LUP2018-02002 CDB Staff Report.pdf, 3. LUP2018-02002 & REZ2018-02001 Photographs Sheet8_9_18.pdf, 4. Presentation by Applicant 1510 Barry Road.pdf

SUBJECT/RECOMMENDATION:

Title

Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Institutional (I) category for 1510 Barry Road; and do not pass Ordinance 9150-18 on first reading. (LUP2018-02002)

Body

SUMMARY: 

This Future Land Use Map amendment involves 2.137 acres consisting of three parcels located on the north side of Barry Road approximately 650 feet east of South Highland Avenue. The property is owned by 1510 Barry Holdings LLC and is occupied by vacant buildings totaling 26,238 square feet with ancillary off-street parking that was last used as an office (Tampa Bay Computer Society) in 2015. The proposed amendment area has frontage on Barry Road (430 feet) and Jeffords Street terminates at the northeast corner of the site. The applicant is requesting to change the Future Land Use Map designation of the proposed amendment area from Residential/Office General (R/OG) and Residential Urban (RU) to Institutional (I). The requested amendment would allow the property to be redeveloped with a variety of institutional uses, including a half-way house use, which the applicant has indicated is the intent; however, no site plan is in review at this time. The applicant has submitted a Zoning Atlas amendment (REZ2018-02001) which is being processed concurrently with this case.

The proposed Institutional (I) future land use category allows a mix of institutional uses, and primarily permits nonresidential development at an intensity of 0.65 FAR. Residential development is permitted at a density of 12.5 dwelling units per acre, and residential equivalent uses are allowed at 3 beds per permitted dwelling unit.

The property has two prior site plan approvals (FLD2013-02003, FLD2016-11036) for an educational facility and an assisted living facility (ALF), respectively. Unfortunately, the owner and/or applicant has failed to submit for building permits in the time required and the approvals have expired or building permits issued have been later voided. The property has multiple active violations including a stop work order (SWO2018-03025), unsafe building (UNS2018-00006), and public nuisance (PNU2018-00181 and PNU2017-01340) and is actively accruing liens on some of the violations.

The immediate area is developed with single-family houses (abutting the subject property and in the area), several ALFs and offices. This site is in the transitional area from the more intense commercial designations and uses to the west along South Highland Avenue to the lower density residential neighborhood to the east. The Residential/Office General (R/OG) future land use category that is the primary designation of the subject property and the two consistent zoning districts [Office (O) District, which is the current zoning designation of the majority of the site, and the Medium Density Residential (MDR) District] allow for development and uses that are appropriate in this transition area from more intense commercial to less intense residential uses, especially on local streets such as Barry Road or Jeffords Street, and are in character with the single family residential neighborhood to the east of the property.

The proposed Institutional (I) category is not appropriately located and the request is not compatible with the surrounding area and may unreasonably affect the use of the properties in the area. There is not a need to add institutionally designated property within this area and doing so on this property would ultimately lead to “spot zoning”, which is a term applied to amending only one or a few lots, at the expense of the zoning scheme as a whole.

 

The Planning and Development Department determined that the proposed Future Land Use Map amendment is inconsistent with the provisions of the Clearwater Community Development Code as specified below: 

                     The proposed amendment is inconsistent with the Comprehensive Plan.

                     The proposed amendment is incompatible with the surrounding property and character of the neighborhood.

                     The proposed amendment will have an adverse impact on the use of property in the immediate area.

 

It is acknowledged that the proposed Future Land Use Map amendment will not adversely impact the natural environment, and there are sufficient public facilities are available to serve the property. However, institutional uses typically generate more traffic than residential uses like those in the immediate area, and the addition of trips may impact Barry Road and Jeffords Streets, the two local roads providing access to the site. Properties with Institutional (I) designations in the larger surrounding area are along South Highland Avenue and Lakeview Road, both collector roads. Additionally, although the proposed amendment is consistent with the purpose of the proposed category in the Countywide Rules, the proposed designation of the subject property is inconsistent with the designations on the surrounding properties.

 

In accordance with the Countywide Plan Rules, this land use plan amendment is subject to the approval of Forward Pinellas, in its role as the Pinellas Planning Council, and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a small-scale amendment so review and approval by the Florida Department of Economic Opportunity and other state agencies is not required.

 

The Community Development Board will review this application at its October 2, 2018 public hearing and staff will provide an update with their recommendation a the City Council meeting.

APPROPRIATION CODE AND AMOUNT: N/A

 

USE OF RESERVE FUNDS:  N/A