CITY OF TARPON SPRINGS Staff Report May 16, 2017

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1 CITY OF TARPON SPRINGS Staff Report May 16, 2017 TO: FROM: HEARING DATES: SUBJECT: MAYOR & BOARD OF COMMISSIONERS PLANNING & ZONING DEPARTMENT MAY 15, 2017 (PLANNING & ZONING BOARD) JUNE 6, 2017 (BOC 1 ST READING) JUNE 20, 2017 (BOC 2ND READING) APPLICATION #17-43 REZONING AMENDMENT FOR GIALOUSIS: ORDINANCE : AN ORDINANCE OF THE CITY OF TARPON SPRINGS, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TARPON SPRINGS, FLORIDA, FOR APPROXIMATELY 0.8 ACRES OF REAL PROPERTY LOCATED AT 620 BAYSHORE DRIVE (APP-17-43), FROM R-100 TO R-100A, PROVIDING FOR FINDINGS; AND PROVIDING AN EFFECTIVE DATE. I. APPLICATION A. Application: Request to amend the zoning designation from R-100 to R- 100A. B. Applicant/Agent: Renee Gialousis C. Owner: Michael Gialousis II. PROPERTY INFORMATION A. Location: 620 Bayshore Drive B. Property Size: Future Land Use Parcel:.80 acres more or less Rezoning Parcel:.80 acres more or less C. Subject Parcel Future Land Use Plan/Zoning Designations: Future Land Use: RL (Residential Low) Zoning: R-100 (Single Family Residential District) D. Surrounding Zoning and Existing Uses: Direction Zoning/Land Use Plan Existing Use North: R-100 /Residential Low Single Family Home East: R-100/Residential Low Single Family Home South: R100/Residential Low Single Family Home West: R100 & R-100A/Residential Low Single Family Home 1

2 E. Tax Parcel Number(s): III. BACKGROUND The subject property is located in the Sunset Hills Subdivision. The property was platted in 1924 and consisted of two 60 foot wide lots (Lots 18 and 19). The existing single family home was built on the properties in 1954, according to the Pinellas County Property Appraiser s records. At that time the property was zoned R-1AA (Ordinance 329 Land Development Code). The R-1AA zoning district had a minimum lot width of 60 feet. In 1954, both lots could have been developed independent of each other with two single family homes. The property was later rezoned to R-100. In 1976, the R-100 district was established under Ordinance 799 (Land Development Code) the minimum lot size was established as 75 feet. Most areas in the R-1AA zoning district were rezoned to R-100 as a result of Ordinance 799. The current Land Development Code was adopted in The owner acquired the property in The owner is seeking to rezone the property to 100A to allow development on both lots. The lots have been held together as one home site since the development of the existing home in The owner has indicated that he would like to demolish the existing home, separate the lots, and build two new homes. The property is served by a City potable water line however City sewer is not currently available in this area. If the rezone is approved then the owner will need to secure septic system permits for both properties prior to development on any new homes. The following lots have been rezoned from R-100 to R-100A in the immediate area: Date of Approval Not Available Lots Location Use of Property Single Family Homes 1995 Lots 14 &15 of Block 9 Sunset Hills Gulf Rd 60 foot east of the intersection of Gulf Rd and Peninsula Ave 2007 Lot 33 and a portion of lot 32 and 34 of Sunset View Subdivision Forde Ave Lot 14 Vacant Lot 15: Single Family Home Vacant IV. REVIEW CRITERIA - COMPREHENSIVE PLAN MAP AMENDMENT: The Future Land Use amendment is a legislative decision of the Board of Commissioners. ANALYSIS: 2

3 No land use amendment is required. The R-100 zoning district is consistent with the Residential Low Future Land Use Category. V. REVIEW CRITERIA - ZONING MAP AMENDMENT: Section (A) of the Tarpon Springs Comprehensive Zoning and Land Development Code provides the following standards for zoning map amendments: 1. The amendment is consistent with the goals, objectives and policies of the Tarpon Springs Comprehensive Plan. ANALYSIS: The proposed R-100A zoning designation permits maximum densities and intensities, and uses that are consistent with the RL (Residential Low) Future Land Use designation. The proposed rezoning does not conflict with the goals, objectives, and policies of the Comprehensive Plan. 2. The available uses to which the property may be put are appropriate to the property in question and are compatible with the existing and planned uses in the area. ANALYSIS: The proposed R-100A zoning allows the same uses as the R-100 district. The proposed uses are consistent with the existing and planned uses in the surrounding area. 3. The amendment shall provide for efficient and orderly development considering the impact upon growth patterns and the cost to the City to provide public facilities. ANALYSIS: The proposed R-100A zoning is consistent with the existing and planned growth patterns in the area. The R-100A zoning district will allow redevelopment that is consistent with the original plat. Several lots to the north and west have already been rezoned to 100A to allow for development. The impacts on public facilities are not expected to be significant under the proposed zoning district. The property is served by City water and wastewater is managed via an onsite septic system. City sewer is not available in the area. 4. The amendment will not adversely impact nor exceed the capacity or the fiscal ability of the City to provide public facilities, including transportation, waste and sewer, solid waste, drainage, recreation, education, fire protection, library service and other similar public facilities. Compliance with the adopted Levels of Service standards can be demonstrated if necessary. ANALYSIS: The proposed zoning is expected to generate the same volume of traffic and have similar impacts on public facilities. Any future development will be subject to the City s mobility management provisions. VI. OTHER EVIDENCE A. Technical Review Committee The TRC reviewed this application at the April 27, 2017 meeting and had no objections to the request moving forward. The TRC comments were as follows: 3

4 PLANNING & ZONING REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: HU This application is scheduled for public hearing as follows: Planning and Zoning 5/15/ st Reading Board of Commissioners 6/6/ nd Reading Board of Commissioners 6/20/2017 FIRE DEPARTMENT REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: RK BUILDING DEVELOPMENT REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: AM Must comply with Florida building codes-acknowledged Must obtain Department of Health septic approval (Health Department)-Acknowledged Must comply with FEMA Regulations-Acknowledged POLICE DEPARTMENT REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: JU PUBLIC SERVICES REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: FF May need to install septic system if property is redeveloped.-acknowledged PUBLIC WORKS REVIEW COMMENTS: APPROVE DENY DEFER SEE BELOW NO COMMENTS INITIALS: TF Need more info regarding R-100a. Concern over setting precedence for changes in the neighborhood-resolved No Sanitary Sewer.-Acknowledged Septic within feet of Kramer Bayou, concern over setback.-acknowledged will verify if setback required for septic system prior to development B. Public Correspondence: The property owners within 200 feet were sent written notification in accordance with Section (J)(4) of the City of 4

5 Tarpon Springs Comprehensive Zoning and Land Development Code and Chapter , Florida Statutes. Notice was advertised in the Tampa Bay Times and the property was posted. Staff has received no questions or comments from the public on this application. VII. STAFF RECOMMENDATION Staff recommendation is to approve the following: Zoning R-100 (County Commercial District) to R-100A (Highway Business) List of Exhibits: 1) Location Maps 2) Zoning district summary 3) Boundary Survey 4) Application 5) Ordinance

6 Locator Map 620 Bayshore Drive SUBJECT PROPERTY 6

7 Aerial Map 620 Bayshore Drive SUBJECT PROPERTY 7

8 Single Family Residential Districts R-100, R-100A, R-70A (A) The single family residential districts are established to provide for detached dwellings in a variety of districts with a full range of dimensional and density standards compatible with the established development of the area. (B) Permitted Uses (1) Community Assembly (2) Community Gardens (3) Emergency Service Facilities (4) Family Care Homes (Not within 1,000 feet of a pre-existing Family Care Home) (5) Public Parks and Recreation Facilities (6) Schools of General Education (7) Sewage Treatment Plants (8) Single Family Detached Dwellings (C) Conditional Uses (requiring a Conditional Use Permit) (1) Agriculture (Limited to the Residential Rural, Residential Estate, Residential Suburban, Residential Low, and Residential Urban Future Land Use Map Designations) (2) Community Residential Homes (3) Congregate Care Facilities up to 20 residents (R-70A only) (4) Day Care Centers (5) Day Care Homes (6) Family Care Homes (Within 1,000 feet of a pre-existing Family Care Home) (7) Government Offices and Related Facilities (8) Home occupations (Pursuant to through of this Code) (9) Light Utility Service (10) Nursing Homes (11) Schools of Special Education (D) R-100 District Dimensional Regulations (1) Maximum Density = Four dwelling units per acre (2) Minimum Lot Area = 10,000 square feet (3) Minimum Lot Width = 75 feet (4) Minimum Lot Depth = 100 feet (5) Maximum Height = 35 feet (6) Minimum Yards: (a) Front = 25 feet (b) Side = A minimum of ten feet with a total of 25 feet for both side yards (c) Side Street = 15 feet (d) Rear = 30 feet Page 1

9 (7) Minimum Net Floor Area = 1,200 square feet (E) R-100A District Dimensional Regulations (1) Maximum Density = Five dwelling units per acre (2) Minimum Lot Area = 7,000 square feet (3) Minimum Lot Width = 60 feet (4) Minimum Lot Depth = 100 feet (5) Maximum Height = 35 feet (6) Minimum Yards: (a) Front = 25 feet (b) Side = Ten feet (c) Side Street = Ten feet (d) Rear = 25 feet (7) Minimum Net Floor Area = 1200 square feet (F) R-70A District Dimensional Regulations (1) Maximum Density = Six dwelling units per acre (2) Minimum Lot Area = 6,500 square feet (3) Minimum Lot Width = 60 feet (4) Minimum Lot Depth = 80 feet (5) Maximum Height = 35 feet (6) Minimum Yards: (a) Front = 25 feet (b) Side = Seven and one-half feet (c) Side Street = 15 feet (d) Rear = 20 feet (7) Minimum Net Floor Area = 1,000 square feet (G) Public/Semi-Public, Ancillary Non-Residential Uses: Shall not exceed a maximum area of three acres. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment. (H) Intensity Standards: Non-Residential use shall not exceed a Floor Area Ratio (FAR) of.40, nor an Impervious Surface Ratio (ISR) of.65. (I) Residential Equivalent Use Standards: Shall not exceed an equivalent of three beds per permitted dwelling units per acre (DUPA) at four DUPA in (R-100), five in DUPA (R100A), six in DUPA (R- 70). (J) The permitted uses, densities, and intensity standards in this district shall be limited by the parcel's designation on the future land use map. (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) Page 2

10 LOTS 18, & 19, BLOCK 22 SUNSET HILLS NORTH PER PLAT MICHAEL BAKER ASSOCIATES

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22 ORDINANCE AN ORDINANCE OF THE CITY OF TARPON SPRINGS, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TARPON SPRINGS, FLORIDA, FOR APPROXIMATELY 0.8 ACRES OF REAL PROPERTY LOCATED AT 620 BAYSHORE DRIVE (APP-17-43), FROM R- 100 TO R-100A, PROVIDING FOR FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property owner of record of said parcel has requested to amend to the zoning district designation of said parcel from R-100 to R-100A; and, WHEREAS, the R-100A zoning district is consistent with the future land use categories of RL, Residential Low and WHEREAS, the available uses within the R-100A are compatible with surrounding and existing land uses; and WHEREAS, the Planning and Zoning Board conducted a public hearing on this rezoning Ordinance on May 15, 2017; and WHEREAS, published legal notice of this Ordinance has been provided pursuant to the requirements of Chapter , F.S. and Section 206 of the Tarpon Springs Comprehensive Zoning and Land Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF TARPON SPRINGS, FLORIDA: Section 1. FINDINGS 1. That the Board of Commissioners finds that this Ordinance is consistent with the Tarpon Springs Comprehensive Plan. 2. That the amendment shall provide for efficient and orderly development considering the impact upon growth patterns and the cost to the City to provide public facilities. 3. That the amendment will not adversely impact nor exceed the capacity or the fiscal ability of the City to provide public facilities including transportation, water and sewer, solid waste, drainage, recreation, education, fire protection, library service and other similar public facilities.

23 Section 2. MAP AMENDMENT That the Official Zoning Map of the City of Tarpon Springs for property legally described in Attachment A is hereby amended: Section 3. EFFECTIVE DATE This Ordinance shall be effective upon approval.

24 ATTACHMENT A Lot 18 and 19, Block 22 Sunset Hills, according to the map or plat thereof as recorded in Plat Book 7, Page 38, Public Records of Pinellas County, Florida. TAX PARCEL NUMBER: