1. real estate

AGENDA
LOCAL PLANNING AGENCY
Pinellas County Courthouse, Clearwater, FL
County Commissioners Assembly Room – Fifth Floor
November 13, 2014 - 9:00 A.M.
I. CALL TO ORDER
II. APPROVAL OF MINUTES for the September 11, 2014 & October 9, 2014 LPA
Meetings
III. PUBLIC HEARING ITEMS – Action by the LPA regarding the following items:
A. Proposed Amendment to the Pinellas County Future Land Use Map and Zoning
Atlas:
1. Z/LU-25-11-14 (Erma P. Huffman)
A request for a land use change from Residential Rural to Residential Estate and a
zoning change from A-E, Agricultural Estate Residential to E-1, Estate Residential
which contains a 2.4 acre site located at the northeast corner of Richards Road and
George Street South in unincorporated East Lake Tarpon.
B. AN ORDINANCE AMENDING THE DOWNTOWN HISTORIC PALM HARBOR MASTER
PLAN
1. Proposed Ordinance Amending the Downtown Historic Palm Harbor Master Plan, by
Amending the Permitted Uses Table Within the Section on the Downtown
Revitalization Code.
C. PROPOSED AMENDMENT TO THE PINELLAS COUNTY LAND DEVELOPMENT CODE
1. Proposed Amendments to the Zoning Provisions of the Pinellas County Land
Development Code, Chapter 138, Article V, Division 12, the Old Palm HarborDowntown Zoning District, and Article VII, Division 2, Alcoholic Beverages.
IV. OTHER ITEMS:
V. ADJOURNMENT
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO
YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. WITHIN TWO (2) WORKING DAYS
OF YOUR RECEIPT OF THIS NOTICE PLEASE CONTACT THE OFFICE OF HUMAN
RIGHTS, 400 SOUTH FORT HARRISON AVENUE, SUITE 500, CLEARWATER, FLORIDA
33756. (727) 464-4880 (VOICE) (727) 464-4062 (V/TDD).
KEN BURKE, CLERK TO THE BOARD OF COUNTY COMMISSIONERS
By Norman Loy, Deputy Clerk
AGENDA ITEM II.
Approval of Minutes
The minutes for the September 11, 2014 & October 9, 2014 are unavailable at
this time.
Attachments:
Required Action(s) by the LPA:
AGENDA ITEM III. A. 1.
Case No. Z/LU-25-11-14
A 2.4 acre site located at the northeast corner of Richards Road and George
Street South in unincorporated East Lake Tarpon.
Zone change from: A-E, Agricultural Estate Residential
to: E-1, Estate Residential
Land Use change from: Residential Rural
to: Residential Estate
LOCAL PLANNING AGENCY (LPA) RECOMMENDATION to the
BOARD OF COUNTY COMMISSIONERS
Regarding: Case No.
Z/LU-25-11-14
LPA Recommendation:
LPA Public Hearing: November 13, 2014
PLANNING STAFF RECOMMENDATION: Staff recommends that the LPA find the proposed
zoning change and Future Land Use Map amendment to be consistent with the Pinellas
County Comprehensive Plan
Further, staff recommends that the LPA recommend that the Board of County Commissioners
approve the proposed amendments.
CASE SUMMARY
APPLICANT’S NAME:
Erma P. Huffman
DISCLOSURE:
N/A
REPRESENTED BY:
John and Melissa Pace
LAND USE CHANGE
FROM: Residential Rural
Residential Estate
TO:
ZONING CHANGE
A-E, Agricultural Estate Residential
E-1, Estate Residential
PROPERTY DESCRIPTION: A 2.4 acre site located at the northeast corner of Richards Road
and George Street South in unincorporated East Lake Tarpon.
PARCEL ID(S): 16/27/16/00000/230/0200
PROPOSED BCC HEARING DATE: December 16, 2014
CORRESPONDENCE RECEIVED TO DATE:
No correspondence received.
Z/LU-25-11-14
Page 2
PERSONS APPEARING AT THE LOCAL PLANNING AGENCY HEARING:
(Type in correspondence)
SURROUNDING ZONING AND LAND USE FACTS:
Land Use Category
Subject Property:
Adjacent
Properties:
North
East
South
West
Residential Rural
Zoning
Designation
A-E
Existing Use
Single Family Dwelling
Residential Rural
Residential Rural
Residential Rural
Residential Rural
A-E
RPD-0.5
R-3
R-3
Single Family Dwelling
Single Family Dwelling
Single Family Dwelling
Single Family Dwelling
STAFF DISCUSSION AND ANALYSIS
OVERVIEW
This is a proposal to amend the Future Land Use Map (FLUM) from Residential Rural (allowing
up to 0.5 unit per acre) to Residential Estate (allowing up to 1.0 unit per acre), along with an
amendment from the A-E, Agricultural Estate Residential zoning district to E-1, Residential
Estate on an approximately 2.4 acre parcel. Currently, there is a single family home located
on the parcel and the applicant proposes to subdivide the parcel into two lots to construct an
additional single family home. Access to the lots would be off of Richards Road.
COMPATIBILITY WITH SURROUNDING LAND USES
This area is unique in that there are a variety of lots sizes, and land use and zoning
designations in the vicinity. For example, to the west of George Street and south of Richards
Road are smaller lots designated as R-3 and RR on the zoning map and Residential Rural and
Residential Suburban on the FLUM. To the immediate north of the subject parcel is another
large A-E lot designated as Residential Rural on the FLUM. To the east and northeast are
several larger RPD-0.5 lots also designated as Residential Rural on the FLUM.
The A-E zoning requires a two acre minimum lot size. Subdividing the subject parcel and
applying the E-1 zoning designation would result in 2 three-quarter acre lots, which would still
be generally equivalent in size to several of the RPD-0.5 lots to the east and northeast and
consistent with the character of the Austin Drive neighborhood.
With the exception perhaps of the large A-E parcel to the immediate north of the subject site,
staff would not consider approval of the proposed amendment as setting a precedent for
similar amendments to the large intact areas of A-E north and south of the immediate area.
Z/LU-25-11-14
Page 3
TRANSPORTATION IMPACTS AND CONCURRENCY
Approval of this amendment would have the potential to increase the number of average daily
vehicle trips from 9 trips to 19 trips, resulting in an increase of 10 trips per day. These
additional trips are not expected to impact the level of service on adjacent roadways, and
transportation concurrency is not affected.
OTHER INFRASTRUCTURE IMPACTS
The subject site is located within the Pinellas County Water Demand Planning Area and the
William E. Dunn Wastewater Reclamation Facility Service Area. Amending the subject site
from R-R to R-E could increase potable water and wastewater demand by approximately 266
gallons per day, respectively. With respect to solid waste disposal, approval of the
amendment could also increase the amount of solid waste generated by approximately 1.7
tons per year.
OTHER CONSIDERATIONS
A very small portion of the western edge of the subject parcel is located within the 100 year
floodplain.
SUMMARY
Staff supports the proposed zoning change and Future Land Use Map amendment, finding that
the existing character of the Austin Drive neighborhood will remain intact. Staff does not
intend, however, that any precedent be set for amending (or increasing the residential density
of) the large intact areas of A-E and Residential Rural outside of this compact area (i.e.,
outside of the compact area comprised of the Richards Road, George Street and Hunt Road
neighborhoods).
IMPLEMENTATION OF
THE PINELLAS COUNTY COMPREHENSIVE PLAN
Staff finds that the proposed zoning and Future Land Use Map amendments are consistent
with the following adopted objective and policies of the Pinellas County Comprehensive Plan:
Future Land Use and Quality Communities Element:
1.2.
1.2.3.
Objective:
Establish development regulations that respond to the challenges of a
mature urban county with established communities that are experiencing
infill development and redevelopment activity.
Policy:
Plan designations on the Future Land Use Map shall be compatible with
the natural environment, support facilities and services, and the land uses
in the surrounding area.
Z/LU-25-11-14
Page 4
1. 2.4.
Policy:
Recognizing that successful neighborhoods are central to the quality of life
in Pinellas County, redevelopment and urban infill development should be
compatible with and support the integrity and viability of existing
residential neighborhoods.
COUNTY DEVELOPMENT REGULATIONS
Approval of this request does not ensure that the site can meet County development
regulations, including concurrency management regulations, which apply at the time of site
plan review.
Attachment (Maps)
LOCATION MAP
Z/LU-25-11-14
MAP-1
Z/LU-25-11-14
Zoning
Land Use
From: A-E, Agricultural Estate Residential
To: E-1, Estate Residential
From: Residential Rural
To: Residential Estate
Parcel I.D. 16/27/16/00000/230/0200
Prepared by: Pinellas County Department of Planning and Development Services August 2014
N
P
A-E
A-E
A-E
A-E
RPD-0.5
A-E
RPD-0.5
E
Old
A-E
P
RPD-0.5
A-E
eR
lak
ast
RPD-0.5
A-E
RPD-0.5
RPD-0.5
d
RPD-0.5
RPD-0.5
RPD-0.5
UZ
RPD-0.5
RPD-0.5
A-E
RPD-0.5
UZ
Ta La
rp ke
on
RPD-0.5
RPD-0.5
RPD-0.5
UZ
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
R-3
A-E
RPD-0.5
UZ
R-3
UZ
RPD-0.5
Austin Dr
RPD-0.5
RPD-0.5
A-E
A-E
R-3
UZ
R-3
sti
Au
Subject
Area
UZ
R-3
UZ
R-3
R-3
UZ
RPD-0.5
RPD-0.5
UZ
RPD-0.5
A-E
Lake Pl
R-3
UZ
RPD-0.5
n Dr
RPD-0.5
RPD-0.5
RPD-0.5
R-3
R-3
RPD-0.5
RPD-0.5
A-E
A-E
A-E
R-3
R-3
UZ
R-3
UZ
R-3
UZ
R-3
UZ
R-3
UZ
R-3
George St S
UZ
R-3
R-3
R-3 R-3
R-3
R-3
UZ
R-3
R-3
R-3
R-3
R-3
R-3
R-3
R-R
R-R
R-3
R-R
R-3
A-E
R-3
R-3
R-3
R-3
R-3
R-R
R-R
R-R
R-RR-R
R-R
R-R
R-R R-R
R-R
R-R R-R
RR
R-R
R-3 R-3
R-RR-R
R-3
R-R
A-E
R-R
R-R
R-R
A-E
RS
R-R
R-R
R-3
R-3
A-E
R-3
R-R
R-R
R-3
RPD-0.5
R-R
R-R
R-R
R-R
R-R
R-R
Hunt Rd
R-R
R-R
R-R
A-E
R-3
R-3
R-3
R-3
A-E
A-E
A-E
R-R
R-R
RPD-0.5
R-3
R-3
RS
R-3
R-3
RPD-0.5R-3
R-3
R-3
UZ
R-3
R-3
Hunt Rd
R-R
R-3
UZ
Richards Rd
R-3
R-3 R-3 R-3 R-3R-3
R-R R-3
R-R
R-3
RR
RR
P-C
RPD-0.5
R-R
RPD-0.5
P-C
P-C
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
A-E
RPD-0.5
UZ
Meadowview Ct
RPD-0.5
A-E
RPD-0.5
A-E
RPD-0.5
P
RPD-0.5
RPD-0.5
P-C
A-E
RPD-0.5
Post Rock Dr
RPD-0.5
RPD-0.5
RPD-0.5
RR
Residential Rural
Residential Suburban
RPD-0.5
RPD-0.5
RPD-0.5
P-C
A-E
P-C
Public / Semi-Public
A-E
P
A-E
A-E
Preservation
Z/LU-25-11-14
RPD-0.5
RPD-0.5
A-E
P-C
UZ
UZ
A-E
Zoning
Land Use
A-E
A-E
RPD-0.5
A-E
RPD-0.5
From: A-E, Agricultural Estate Residential
To: E-1, Estate Residential
From: Residential Rural
To: Residential Estate
Parcel I.D. 16/27/16/00000/230/0200
Prepared by: Pinellas County Department of Planning and Development Services August 2014
RPD-0.5
MAP-2
A-E
RR
RPD-0.5
RPD-0.5
Future Land Use
Pinellas County,
Florida
Residential
RPD-0.5
RPD-0.5
A-E
N
E
Old
d
eR
lak
ast
Ta La
rp ke
on
Austin Dr
George St S
Subject
Area
Lake Pl
Au
sti
n Dr
Richards Rd
Hunt Rd
Hunt Rd
Meadowview Ct
Post Rock Dr
MAP-3
Z/LU-25-11-14
Zoning
Land Use
From: A-E, Agricultural Estate Residential
To: E-1, Estate Residential
From: Residential Rural
To: Residential Estate
Parcel I.D. 16/27/16/00000/230/0200
Prepared by: Pinellas County Department of Planning and Development Services August 2014
N
A-E
A-E
A-E
A-E
RPD-0.5
A-E
RPD-0.5
E
Old
A-E
RPD-0.5
A-E
eR
lak
ast
RPD-0.5
A-E
RPD-0.5
RPD-0.5
d
RPD-0.5
RPD-0.5
RPD-0.5
UZ
RPD-0.5
RPD-0.5
A-E
RPD-0.5
UZ
Ta La
rp ke
on
RPD-0.5
RPD-0.5
RPD-0.5
UZ
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
R-3
A-E
RPD-0.5
UZ
R-3
UZ
RPD-0.5
Austin Dr
RPD-0.5
RPD-0.5
A-E
A-E
R-3
UZ
R-3
sti
Au
Subject
Area
UZ
R-3
UZ
R-3
R-3
UZ
R-3
RPD-0.5
RPD-0.5
UZ
RPD-0.5
n Dr
RPD-0.5
A-E
Lake Pl
R-3
UZ
RPD-0.5
RPD-0.5
RPD-0.5
R-3
RPD-0.5
RPD-0.5
A-E
A-E
A-E
R-3
R-3
UZ
R-3
UZ
R-3
UZ
R-3
UZ
R-3
UZ
R-3
George St S
UZ
R-3
R-3
R-3 R-3
R-3
R-3
UZ
R-3
R-3
R-3
R-3
R-3
Hunt Rd
R-R
R-3
R-3
R-3
RPD-0.5R-3
R-3
R-R
R-3
R-3
R-3
R-R
R-R
R-R
R-RR-R
UZ
R-3
R-R
R-3
R-R
R-3
R-R
R-3 R-3
R-RR-R
R-3
R-R
A-E
R-R
R-R
R-R
A-E
R-R
R-R
R-R R-R
R-R
R-R R-R
R-R
R-3
R-R
RPD-0.5
R-R
R-R
R-R
Hunt Rd
R-3
R-3
R-3
A-E
R-3
R-3
R-R
R-R
R-3
A-E
R-3
R-R
R-R
R-3
UZ
Richards Rd
R-3
R-3 R-3 R-3 R-3R-3
R-R R-3
R-R
R-3
R-R
R-R
R-R
A-E
A-E
A-E
R-R
R-R
R-R
RPD-0.5
R-3
R-3
R-3
R-3
P-C
R-3
R-3
R-3
A-E
RPD-0.5
R-R
RPD-0.5
P-C
P-C
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
A-E
RPD-0.5
UZ
Meadowview Ct
RPD-0.5
A-E
RPD-0.5
A-E
RPD-0.5
RPD-0.5
A-E
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
A-E
P-C
UZ
RPD-0.5
P-C
A-E
RPD-0.5
Post Rock Dr
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
RPD-0.5
UZ
RPD-0.5
P-C
A-E
P-C
A-E
A-E
Unincorporated Area
RPD-0.5
A-E
MAP-4
A-E
A-E
A-E
A-E
RPD-0.5
A-E
RPD-0.5
Z/LU-25-11-14
Zoning
Land Use
From: A-E, Agricultural Estate Residential
To: E-1, Estate Residential
From: Residential Rural
To: Residential Estate
Parcel I.D. 16/27/16/00000/230/0200
Prepared by: Pinellas County Department of Planning and Development Services August 2014
N
PINELLAS COUNTY PLANNING DEPARTMENT
TRAFFIC ANALYSIS FOR A PROPOSED LAND USE CHANGE
LU#: Z/LU-25-11-14
Jurisdiction: Pinellas County
10/14/2014
Revised:
Received:
Signoff:
SITE DATA
2.40
Parcel Size:
Proposed for Amendment: 2.40
Current Land Use Designation:
Potential Use
sf/acre(s)
(1) Single-Family
2.4
Residential Rural
x(far)/(upa)
Units
0.50
1
sf/1,000
N/A
x(tgr)
9.6
cap.
Proj. trips
1
10
Total
10
Proposed Land Use Designation:
Potential Use
sf/acre(s)
(1) Single-Family
2.4
Residential Estate
(upa)
Units
1.00
2
sf/1,000
N/A
x(tgr)
9.6
cap.
Proj. trips
1
19
Total
19
Potential Additional Daily Trips:
Road(s)
(1) Richards Road
9
ROADWAY IMPACT DATA - Trip Distribution
Traffic Vol. (AADT)
% Distribution
2013
2035
2013
2035
9
9
100
100
Road(s)
2013 PH
LOS
V/CR
(1) Richards Road
N/A
Road(s)
N/A
existing
N/A
N/A
proposed
N/A
N/A
2013 AADT
extg.
w/ chg.
N/A
N/A
Extg
Ln Cfg
N/A
N/A
2035 AADT
extg.
w/ chg.
N/A
N/A
N/A
N/A
Planned Const.
Improv. Year
Future
Ln Cfg
CMS
Desig.
N/A
N/A
N/A
N/A
N/A
ABBREVIATIONS/NOTES
AADT = Average Annual Daily Trips
Ln. = Lanes
AC = Acres
LOS = Level of Service
CAP = Capture Rate (i.e., % new trips)
LTCM = Long Term Concurrency Management Corridor
CCC = Congestion Containment Corridor
MPO = Metropolitan Planning Organization
CFG = Configuration
N/A = Not applicable
CMS = Concurrency Management System
PC = Partially controlled access
CON = Constrained County Corridor
PH = Peak Hour
Const. = Construction
SF = Square Feet
D/U = Divided/undivided
TGR = Trip Generation Rate
E = Enhanced
UPA = Units Per Acre
FAR = Floor Area Ratio
UTS = Units (dwelling)
FDOT = Florida Department of Transportation
V/CR = Volume-to-Capacity Ratio
DEF= Deficient State Road
MIS= Mitigating Improvement Scheduled
Richards Road
2035 traffic volumes from MPO, adjusted FDOT Regional Transportation Analysis model output
Average daily level of service based on Generalized Daily LOS Volume Tables from FDOT 2010 LOS Manual
ZLU-25-11-14_Traffic Impacts.xlsx
3a
Impact Assessment and Background Data for Staff Report
Amendment to the Pinellas County Future Land Use Map
and Pinellas County Zoning Atlas Map
Z/LU:25-11-14
Location: Located at the northeast corner of Richards Road and George Street South in the
unincorporated area of Tarpon Springs.
Parcel Number: 16/27/16/00000/230/0200
Prepared by: RAB
Date: 10/14/14
Proposed Amendment From:
Future Land Use Designation(s): RR
acres 2.4
Zoning Designation(s):
acres 2.4
A-E
Proposed Amendment To:
Future Land Use Designation(s): RE
acres 2.4
Zoning Designation(s):
acres 2.4
Development Agreement?
E-1
No
Affordable Housing Density Bonus? No
Yes
New
Yes
How many units:
Local Planning Agency - Impact Assessment
Amended
Z/LU-25-11-14
1
INFRASTRUCTURE IMPACTS
SOLID WASTE IMPACT ASSESSMENT
SOLID WASTE
Total Tons/Year *
LAND USE DESIGNATIONS
EXISTING
2.4 acres x .5 upa = 1 unit
1 units x 1.66 tons/unit/year (residential factor) = 1.66 tons/year
Residential Rural
PROPOSED
2.4 acres x 1 upa = 2 units
2 units x 1.66 tons/unit/year (residential factor) = 3.32 tons/year
Residential Estate
NET DIFFERENCE
+ 1.7 tons/year
* (Non Residential) Gross Floor Area x Solid Waste Disposal Rate / 2,000 lbs = Total Tons per Year
* (Residential) Units x Annual Per Capita Rate = Total Tons per Year
Note:
Based upon Solid Waste Disposal Rate determined by DUS Consultants for the Solid Waste Authority of Palm Beach County.
POTABLE WATER AND SANITARY SEWER IMPACT ASSESSMENT
LAND USE
DESIGNATIONS
POTABLE WATER
GPD *
WASTEWATER
GPD*
EXISTING
Residential Rural
2.4 acres x .5 upa = 1 unit
2.4 acres x .5 upa = 1 unit
1 x 266 per unit (residential factor) =
266 GPD
1 x 266 per unit (residential factor) =
266 GPD
2.4 acres x 1 upa = 2 units
2.4 acres x 1 upa = 2 units
2 x 266 per unit (residential factor) =
532 GPD
2 x 266 per unit (residential factor) =
532 GPD
PROPOSED
Residential Estate
NET DIFFERENCE
+ 266 GPD
+ 266 GPD
* (Non Residential) Gross Floor Area x Consumption Rate = GPD
* (Residential) Number of Units x Consumption Rate = GPD
NOTE: GPD = Gallons per Day
TRANSPORTATION AND ROADWAY IMPACTS
YES or NO
Is the proposed amendment located within
one half mile of a concurrency corridor
(i.e., constrained, congestion containment,
and/or long term concurrency
management corridor)?
Is the amendment located along a
scenic/non-commercial corridor?
COMMENTS
Yes
No
Yes
No
Local Planning Agency - Impact Assessment
Z/LU-25-11-14
2
ENVIRONMENTAL AND SITE CONDITIONS
YES or NO
Identify any onsite soils. Are any classified
as “very limited” or “subject to subsidence?”
Yes
No
Are there any threatened, endangered or
listed habitats or species onsite (including
species of special concern)?
Identify onsite vegetation; does the site
contain any significant native vegetative
communities (e.g., sandhill).
Is the site located within the wellhead
protection zone and/or aquifer recharge
area?
Yes
No
COMMENTS
The site contains Myakka Soils, St. Augustine & Urban
Land, which has been classified as “very limited”, but
suitable for urban development.
Yes
No
Yes
No
The subject area is located within the Lake Tarpon
watershed.
Is the site located within the 25 year
floodplain?
Yes
No
Yes
No
Is the site located within the 100 year
floodplain?
Yes
No
A small portion of the site is located in the 100 Year
floodplain.
Does the site contain, or is it adjacent to any
wetlands, rivers, creeks, lakes, marshes,
Tampa Bay or the Gulf of Mexico, etc.
Yes
No
Identify the watershed in which the site is
located.
*The standard categories of soil classifications (i.e., severe, very severe etc.) have been replaced by Building Site
Development Limitations (i.e., somewhat limited, very limited etc.)
PUBLIC SAFETY
YES or NO
Is the site located with the coastal storm
area?
Yes
No
Is the site located within a hurricane
evacuation zone. If so, identify the zone.
Yes
No
Identify the Fire District serving the
proposed development.
Local Planning Agency - Impact Assessment
COMMENTS
B
The subject site is located within the East Lake
Fire District.
Z/LU-25-11-14
3
COMMUNITY IMPACTS
YES or NO
Will approval of this amendment affect the
provision of affordable housing; if so,
explain the positive/negative impacts.
Yes
No
Has the applicant sought/been issued an
affordable housing finding by the
Department of Community Development?
Yes
No
Will the approval of the amendment result
in the displacement of mobile home
residents?
Yes
No
Will the approval of the amendment result
in the elimination of a water-dependent
land use such as a marina or boat ramp? If
so, identify how many ramps/lanes or slips
will be eliminated.
Yes
No
Would the amendment affect
beach/waterfront accessibility?
Yes
No
Is the amendment located within a County
redevelopment/revitalization area; if so, is
the amendment consistent with the
community revitalization plan, vision, etc.
Yes
No
Would the amendment have a significant
impact on an adjacent local government?
Is the amendment located within a
designated brownfield area?
Will the proposed amendment affect public
school facilities?
COMMENTS
Yes
No
Yes
No
Yes
No
Has the property been the subject of a previous amendment proposal within the last 12 months?
Yes
No
Is the property within 200 feet of a property under same owner that has been amended within the past 12
months?
Yes
No
ATTACH THE FOLLOWING:
___ Location Map
___ Future Land Use Map with zoning designations
___ Aerial
Local Planning Agency - Impact Assessment
Z/LU-25-11-14
4
AGENDA ITEM III. B.1
MP-27-11-14 – Proposed Amendments to the Downtown Historic Palm
Harbor Master Plan
The proposed amendments to the Downtown Historic Palm Harbor Master Plan coincide with
proposed changes to the Old Palm Harbor-Downtown (OPH-D) zoning district involving the
allowance of accessory outdoor sales and the addition of two types of permitted uses – Artisan
Establishments and Alcoholic Beverage Production Facilities. The County has recently
received inquiries from individuals expressing interest in establishing breweries and wineries in
Downtown Palm Harbor. The proposed changes will allow that to occur. The list of permitted
uses within the Downtown Historic Palm Harbor Master Plan and the OPH-D zoning district
must remain consistent. Changes to the OPH-D district will be evaluated as a separate item.
Attachments:
Staff Report
Map of the Old Palm Harbor-Downtown Zoning District
Proposed Ordinance (strike-through/underline version)
Required Action(s) by the LPA:
Recommendation to the Board of County Commissioners
LOC
CAL PLAN
NNING AGENCY (LPA)
(
RE
ECOMME
ENDATIO
ON to the
missione
ers
Board of County Comm
Regarding: Propo
R
osed Ame
endments
s to the Downtow
D
wn Historic Palm Harbor
H
M
Master
Pllan
L
LPA
Reco
ommenda
ation:
L
LPA
Reporrt No. MP-2
27-11-15
LPA
A Public Hearing
H
Date: Novem
mber 13, 2014
P
PLANNING
G STAFF RECOMMEN
NDATION:
•
Stafff recommen
nds that the
e LPA find the propossed Ordinance amend
ding the Do
owntown
Histo
oric Palm Harbor
H
Masster Plan co
onsistent with
w the Pin
nellas Coun
nty Compre
ehensive
Plan.
•
Furth
her, staff recommends that th
he LPA re
ecommend approval of the proposed
Ordin
nance to th
he Pinellass County Board of Co
ounty Commissioners following required
publiic hearings.
STA
AFF DISCUS
SSION AND ANALYSIS
S
The Board of County
T
y Commissioners ado
opted the Downtown
D
Historic Pa
alm Harborr Master
P
Plan
on December 18, 2001. The
e purpose of
o the Mastter Plan is to
t enhance
e the image
e of, and
investment in, Downtown Palm Harbor byy protecting
g its historric inheritance and providing
p
s
spaces
for public interaction. Th
he Master Plan
P
provid
des directio
on for both public and
d private
p
projects,
an
nd outlines a continuitty of design features that are co
ompatible with
w the Do
owntown
P
Palm
Harbo
or Historic District. Furthermore
e, the Mastter Plan formalizes and docume
ents the
d
decisions
th
hat were arrived
a
at by
b the com
mmunity an
nd the Cou
unty workin
ng togetherr with a
c
consultant
t
team
in planning for th
he future of Downtown
n.
Based on th
B
he Master Plan, the County
C
laterr created th
he Old Palm
m Harbor-D
Downtown (OPH-D)
(
Z
Zoning
Disttrict, which provides developmen
nt standardss and criterria unique to
t Downtow
wn Palm
H
Harbor.
The
e area enco
ompassed by the OPH
H-D Districtt is comprissed of a We
est sub-district and
a East sub-district se
an
eparated by
b Alternate
e U.S. High
hway 19 (ssee attache
ed map). The
T
East
s
sub-district
generally allows
a
a bro
oader set of
o uses and
d has differrent development crite
eria than
t West su
the
ub-district.
This current proposal is to amend
T
d the Down
ntown Histo
oric Palm Harbor Master Plan to allow
a
for
a
accessory
o
outdoor
sales and the
e addition of
o two perm
mitted uses – Artisan Establishme
E
ents and
A
Alcoholic
B
Beverage
Production
P
F
Facilities.
A of these
All
e changes would
w
applly only to the
t
East
S
Sub-District
t. The Coun
nty has reccently receivved inquirie
es from individuals exp
pressing interest in
1
establishing breweries and wineries in Downtown Palm Harbor. The proposed changes will
allow that to occur. County staff met with the Downtown Palm Harbor Merchants Association
on September 10, 2014 to obtain their ideas and feedback regarding these changes. The
Master Plan amendments coincide with similar proposed changes to the OPH-D zoning
district. The list of permitted uses within the Downtown Historic Palm Harbor Master Plan and
the OPH-D zoning district must remain consistent. Changes to the OPH-D district will be
evaluated as a separate item.
The framework of the Downtown Historic Palm Harbor Master Plan is based largely on the
1998 Vision Statement for Downtown Historic Palm Harbor. The Vision Statement contains
four major components: Community Character – small town atmosphere, Community Heritage
– historic design, Sense of Community – gathering places, and Local Businesses – mix,
growth and utilization. The Master Plan translates these four vision components into physical
plans for streetscape, roadway and drainage improvements, zoning regulation, and aesthetic
design. The proposed amendments to the Master Plan are consistent with the four
components of the Vision Statement as follows:
•
•
•
•
Community Character – The proposed new uses will be restricted in size and scale both
by regulations within the OPH-D zoning district and the limiting factor of the small lot
sizes within the area. Accessory outdoor sales will also be regulated via zoning
standards to ensure compatibility with surrounding uses.
Community Heritage – Zoning regulations will help ensure that the community’s historic
identity will not be compromised. The proposed new uses fit well within the historic
district and can complement other uses in the area. For example, Artisan
Establishments allow for practices that may have an historical basis and even an
educational component (e.g. craft working). Accessory outdoor sales may even
enhance the historic feel of the community by harkening back to a time when such
practices were commonplace.
Sense of Community – The proposed amendments will promote a sense of community
by providing additional opportunities for people to gather and interact. The new uses will
require retail components within a certain portion of the downtown area, and will provide
opportunities for artisans and craft workers to demonstrate and teach their skills and
techniques. Accessory outdoor sales areas will enhance opportunities for people to
meet and interact in an outdoor setting.
Local Businesses – The proposed amendments were largely derived from requests
from local businesses interested in doing something new within the community. The
new uses will provide new opportunities for local businesses to establish, grow and
flourish. The news uses will not compromise the existing mix of uses and will both serve
the local community and attract visitors to Downtown Palm Harbor.
The proposed amendments are also consistent with the other components of the Downtown
Historic Palm Harbor Master Plan. The new uses are not out of scale with the existing mix of
allowed uses, are pedestrian friendly and walkable, and should not detrimentally impact roads,
sewer, water or parking. The latest Concurrency Test Statement provided by Pinellas County
shows sewer and water demand in the area well within acceptable limits with no existing or
projected capacity deficits. While nearby Alternate US-19 is considered a constrained
roadway, the area is served by transit, including bus and trolley. A relatively recent parking
study performed within Downtown Palm Harbor showed ample availability of public parking
that should be able to accommodate any additional parking demand.
2
The proposed Ordinance is scheduled for a public hearing by the Board of County
Commissioners on December 16, 2014. Because the Downtown Historic Palm Harbor Master
Plan is considered a Special Area Plan, amendments to it require review by the Pinellas
Planning Council (PPC), who in turn provides a recommendation to the Countywide Planning
Authority (CPA) for final approval. The PPC public hearing is anticipated for January 2015
followed by the CPA public hearing on February 10, 2015. The process to amend the OPH-D
zoning district will coincide with this schedule.
IMPLEMENTATION OF
THE PINELLAS COUNTY COMPREHENSIVE PLAN
The proposed Ordinance to amend the Downtown Palm Harbor Historic Master Plan is
consistent with the following adopted objective and policies of the Pinellas County
Comprehensive Plan:
Planning to Stay Element:
Sustain a Quality Urban Community and Promote Strong Neighborhoods and Diverse Housing
Opportunities
Principle 2:
A distinguishing characteristic of Pinellas County is the presence of a diverse
mix of cities, small towns and suburban communities on a small peninsula.
This variety of urban environments provides people with a choice of lifestyles,
and retaining and enhancing these distinctive community characteristics will
ensure that they remain vital and successful communities.
Principal 4:
Pinellas County will continue to support efforts to create, or recreate, lively
and dynamic areas of mixed-use. Revitalization efforts have so far focused
primarily on historic downtowns, neighborhood commercial centers, and older
commercial corridors. These revitalized mixed-use areas provide vibrant
places where urban life can be experienced first-hand on foot. They also
create a conducive environment for the type of residential development where
services and amenities are often within walking distance.
Future Land Use and Quality Communities Element:
1.3.4.
Policy:
Use of the Community Redevelopment District-Activity Center Future Land
Use Map (FLUM) category shall require a special area plan approved by
the Board of County Commissioners. The special area plan shall, at a
minimum, address the following:
a.
b.
c.
d.
e.
Permitted uses and locational criteria;
Density and intensity standards;
Provisions for mixed use;
Design guidelines, if any;
Provisions for affordable housing and employment, if any;
3
f.
g.
h.
i.
j.
k.
Provision
ns that achieve a walkkable area;
Impacts on public services
s
and
d facilities;
Integratio
on with plan
nned and existing
e
mob
bility system
ms;
Integratio
on and com
mpatibility with
w the surrrounding co
ommunity;
Incentive
es that mayy be offered
d to encoura
age development that has an
overall community
c
b
benefit;
and
d
Consiste
ency with th
he Pinellas County Comprehensivve Plan.
1
1.3.8.
Policy:
Mixed-use de
evelopment shall crea
ate a strong
g sense of communityy identity
nal and/or required
through conssideration of such mechanismss as option
urrban design
n and archittectural dessign criteria
a, recognizing historic setback
pa
atterns and
d lot sizes,, the creattion of placces that are oriented
d to the
pe
edestrian and alternattive modes of travel such as bicyycle use, providing
p
grreen space
e and land
dscaping in
n public sp
paces, and other app
propriate
mechanismss that may be
b specific to
t a particu
ular location
n.
1
1.17
Ob
bjective: Piinellas Co
ounty shalll preserve
e and see
ek to enh
hance esta
ablished
co
ommunity values,
v
a co
ommunity’s unique ide
entity, and their
t
social support
structure, an
nd will make
e decisionss that are in
n concert with
w a community’s
stablished vision
v
for th
heir future.
es
B
BCC
Public
c Hearing Date: Dece
ember 16, 2014
2
ATTACHME
A
ENTS:
Map off the Old Pa
alm Harbor--Downtown Zoning Disstrict
Proposed Ordinan
nce (strike-tthrough/und
derline verssion)
4
ORDINANCE NO. 15-___
AN ORDINANCE OF THE COUNTY OF PINELLAS, AMENDING THE DOWNTOWN
HISTORIC PALM HARBOR MASTER PLAN, BY AMENDING THE PERMITTED
USES TABLE WITHIN THE SECTION ON THE DOWNTOWN REVITALIZATION
CODE; PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE FROM
REVIEW OF THE ORDINANCE AT A PUBLIC HEARING AND/OR WITH
RESPONSIBLE PARTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Pinellas County and the community of Palm Harbor have worked together since
the early 1990s to protect the historical integrity of Downtown Palm Harbor; and
WHEREAS, in 1994, the Pinellas County Board of County Commissioners established the
Downtown Palm Harbor Historic District to support the community’s efforts to recognize and
protect the unique heritage of this unincorporated area of north Pinellas County; and
WHEREAS, in 1997 the voters of Pinellas County approved a referendum extending the Penny
for Pinellas Infrastructure Sales Tax for another ten years, which included a commitment to fund
streetscape improvements in Downtown Palm Harbor; and
WHEREAS, in 1998, the residents and business owners in Old Palm Harbor developed a Vision
Statement emphasizing that Old Palm Harbor and its Downtown is a special place worthy of
protection; and
WHEREAS, the Pinellas County Comprehensive Plan includes an objective to assist
communities in providing opportunities and/or public facilities and other features that promote a
community’s identity and maintain its unique character; and
WHEREAS, the local community and the County coordinated working with a consultant team
to assist them in developing a Master Plan to include a conceptual streetscape plan, a basic
framework for a new zoning district for Downtown Palm Harbor, and other components
necessary to achieve the Vision for Old Palm Harbor and to complete the streetscape
improvements approved in 1997 by the voters; and
WHEREAS, local residents, property and business owners, County staff, and the Downtown
Palm Harbor Main Street Program worked with the consultant team to develop a draft
Downtown Historic Palm Harbor Master Plan in the Fall of 2000; and
WHEREAS, the Downtown Historic Palm Harbor Master Plan (Master Plan) was adopted by
the Board of County Commissioners on December 18, 2001; and
WHEREAS, the Master Plan contains a table in the Downtown Revitalization Code section that
lists uses that are permitted in Downtown Palm Harbor; and
WHEREAS, After adoption of the Master Plan, the Board of County Commissioners established
the Old Palm Harbor-Downtown (OPH-D) Zoning District to implement provisions of the
Master Plan ; and
WHEREAS, County staff has recently received inquiries from individuals expressing interest in
establishing certain uses not currently permitted in the OPH-D Zoning District; and
WHEREAS, County staff has developed proposed amendments to the OPH-D Zoning District
that would allow for additional permitted uses in response to these inquiries; and
WHEREAS, the County Planning Department met with the Downtown Palm Harbor Merchants
Association on September 10, 2014 to notify property and business owners and receive their
input on proposed changes to the OPH-D Zoning District; and
WHEREAS, County staff has drafted proposed amendments to the Master Plan that support the
proposed changes to the OPH-D Zoning District; and
WHEREAS, the Pinellas County Local Planning Agency (LPA) held a public hearing to receive
public comment on the proposed amendments to the Master Plan.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of
Pinellas County, Florida, in regular meeting duly assembled on this __ day of _____, 2015, that:
SECTION 1. The Downtown Historic Palm Harbor Master Plan is hereby amended to
amend the Permitted Uses table within the Downtown Revitalization Code section of the
Master Plan as follows:
PROPOSED USES THAT WOULD BE PERMITTED IN DOWNTOWN PALM HARBOR
CURRENT
FORMER ZONING
DISTRICTS
PROPOSED OPH-D
DISTRICT
(Sub-districts)
Single Family Dwellings
R-4
West
Duplex and Triplex Dwellings
R-4
East and West
Multiple Family Dwellings
None
East and West
Accessory Dwelling Units
R-4, P-1, C-1, C-2
East and West
R-4
East and West
Bed and Breakfast Facility
(Up to 10 Guest Rooms)
P-1, C-1, C-2
East and West
Offices for Professional Services
P-1, C-1, C-2
East and West
Medical Clinic
P-1, C-1, C-2
East*
Medical and Dental Offices
P-1, C-1, C-2
East
PERMITTED USES
Home Occupations
2
PERMITTED USES
CURRENT
FORMER ZONING
DISTRICTS
PROPOSED OPH-D
DISTRICT
(Sub-districts)
Veterinarian's Office
P-1, C-1, C-2
East*
Scientific Research and Laboratory
P-1, C-1, C-2
East*
Studios for Instruction and Teaching Only
P-1, C-1, C-2
East and West
C-2
East and West
School, Public or Private
P-1, C-1, C-2
East*
Funeral Homes
P-1, C-1, C-2
None
Bank Facilities
P-1, C-1, C-2
R-4(SE)**, P-1,
C-1, C-2
P-1, C-1, C-2
East
East* and West
Personal Services
C-1, C-2
East
Retail Business or Commercial Use that
serves the immediate needs of the
neighborhood (No Accessory outdoor sales)
C-1, C-2
East
General Retail Sales (No Accessory outdoor
sales)
C-2
East
Not Applicable
East
C-1 (50 seats or less)
C-2
East
Not Applicable
East
Outdoor Sales, Display and Rental of
Vehicles, Boats and Mobile Homes
C-2
None
Hotels and Motels up to 30-40 units per acre
C-2
None
Veterinary Hospitals and Kennels
when entirely confined within a building
C-2
None
Bowling Alley, Skating Rink and similar
indoor amusements
C-2
None
Indoor Theaters
C-2
East*
Auto Repairs within an enclosed building
C-2
None
Household Goods Repair
C-2
East
Service Stations
C-2
None
Galleries for Artists, Photographers, etc.
Day Care Center
Churches
Artisan Establishments
Eating and Drinking Establishments
Alcoholic Beverage Production Facilities
East*
3
CURRENT
FORMER ZONING
DISTRICTS
PROPOSED OPH-D
DISTRICT
(Sub-districts)
Wholesale Distribution Facilities within
completely enclosed buildings
C-2
None
Hospitals
C-2
None
Government Buildings and Public Uses
C-2
East*
Nursing Homes
C-2
None
Mini-Storage Warehousing
C-2
None
Congregate Care Facilities
C-2
None
PERMITTED USES
*Within the Downtown Core east of Alternate US Highway 19 between Nebraska Avenue and
Georgia Avenue these uses are not permitted on the first floor.
**Allowed only if approved as a Special Exception by the Board of Adjustment.
SECTION 2. Severability
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall
not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional.
SECTION 3. Inclusion in the Downtown Historic Palm Harbor Master Plan
The provisions of this Ordinance shall be included and incorporated in the Downtown Historic
Palm Harbor Master Plan as an amendment thereto.
SECTION 4. Filing of Ordinance; Effective Date
Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days
after enactment by the Board of County Commissioners. This Ordinance shall become effective
upon notice of filing of the Ordinance with the Department of State.
4
AGENDA ITEM III C 1.
LDR-26-11-14 – Proposed Amendments to Chapter 138 of the Pinellas
County Land Development Code, Article V, Division 12, the Old Palm
Harbor-Downtown Zoning District, and Article VII, Division 2, Alcoholic
Beverages
The proposed amendments to the Land Development Code involve the addition
of two types of permitted uses within the Old Palm Harbor-Downtown (OPH-D)
zoning district – Artisan Establishments and Alcoholic Beverage Production
Facilities. The County has recently received inquiries from individuals expressing
interest in establishing breweries and wineries in the district. Other proposed
changes to the OPH-D district include the allowance of outdoor displays and/or
sales, provisions to ensure consistency with the height requirements in the
design criteria for the Downtown Palm Harbor Historic District, and other minor
clean-up items that are necessary to maintain internal Code consistency. The
proposed Ordinance also includes amendments to the Alcoholic Beverages
section of the Code to allow for the dispensing of alcohol within the OPH-D and
Commercial Recreation (CR) zoning districts.
Attachments:
Staff Report
Map of the Old Palm Harbor-Downtown Zoning District
Proposed Ordinance (strike-through/underline version)
Required Action(s) by the LPA:
Recommendation to the Board of County Commissioners
LOC
CAL PLAN
NNING AGENCY (LPA)
(
RE
ECOMME
ENDATIO
ON to the
missione
ers
Board of County Comm
Regarding: Propo
R
osed Ame
endments
s to Cha
apter 138 of the Pinellas
P
C
County
L
Land
Dev
velopment Code,, Article V, Divis
sion 12, the Old Palm HarborH
D
Downtow
wn Zoning
g District,, and Artiicle VII, Division
D
2 Alcoholic Beverrages
2,
L
LPA
Reco
ommenda
ation:
L
LPA
Reporrt No. LDR--26-11-14
LPA
A Public Hearing
H
Date: Novem
mber 13, 2014
P
PLANNING
G STAFF RECOMMEN
NDATION:
•
Stafff recommen
nds that th
he LPA find
d the proposed Ordin
nance ame
ending the Pinellas
Coun
nty Land Developmen
D
nt Code co
onsistent with
w the Pinellas Coun
nty Compre
ehensive
Plan.
•
Furth
her, staff recommends that th
he LPA re
ecommend approval of the proposed
Ordin
nance to th
he Pinellass County Board of Co
ounty Commissioners following required
publiic hearings.
STA
AFF DISCUS
SSION AND ANALYSIS
S
This item iss a proposa
T
al to amend
d the Old Palm
P
Harbo
or-Downtow
wn (OPH-D) zoning diistrict by
a
adding
two
o permitted
d uses – Artisan
A
Esttablishments and Alccoholic Beverage Pro
oduction
F
Facilities.
C
Currently,
th
he OPH-D district
d
allows certain retail busin
nesses and
d commerciial uses;
h
however,
th
he existing Code lang
guage exprressly proh
hibits the ‘m
manufacture
e or processing of
p
products’.
T
This
prohibition can be interprete
ed to includ
de the prod
duction of alcohol,
a
ass well as
t
traditional
a
artisan
crafft making. At
A the app
propriate sccale, such uses are often
o
well suited
s
to
s
small
down
ntown disttricts. The County has
h
recenttly received inquiriess from ind
dividuals
e
expressing
interest in establishing breweriess and wineries in the OPH-D
O
disttrict. The proposed
O
Ordinance
defines the
e new usess and sets standards for their esstablishmen
nt and operration to
a
address
thin
ngs such as
s scale and
d compatibility.
Other chan
O
nges to the OPH-D diistrict are also
a
propossed, including the allo
owance of outdoor
d
displays
an
nd/or sales,, provisionss to ensure
e consisten
ncy with the height re
equirementts in the
d
design
crite
eria for the Downtown
n Palm Harb
bor Historicc District, and
a minor clean-up
c
ite
ems that
a necessary to main
are
ntain intern
nal consiste
ency with other
o
sectio
ons of the Land
L
Deve
elopment
C
Code.
Coun
nty Staff me
et with the Downtown
D
Palm Harb
bor Merchan
nts Associa
ation on September
1 2014 to discuss the
10,
e proposed
d changes and
a incorpo
orate their fe
eedback.
1
Like with most downtown areas, off-street parking is an important consideration in the OPH-D
district. As proposed, the new Artisan Establishments and Alcoholic Beverage Production
Facilities will have the same off-street parking requirements that currently apply to other similar
uses (e.g. retail and restaurants), which is 2.1 parking spaces per 1,000 square feet of gross
floor area. This ratio was derived from a detailed parking study conducted within the district a
few years ago. Notably, the first 400 square feet of outdoor sales, display and work areas will
not be included when calculating the minimum number of required off-street parking spaces.
This is identical to the existing criteria for outdoor seating areas accessory to a restaurant with
indoor dining.
The OPH-D zoning district is divided into an East sub-district and a West sub-district,
separated by Alternate U.S. Highway 19. Most of the proposed changes apply to the East subdistrict, which allows a broader range of uses and different development standards. Please see
the attached map for a depiction of the sub-district locations.
In addition to the changes to the OPH-D district, the proposed Ordinance includes
amendments to the Alcoholic Beverages section of the Land Development Code to specifically
allow the dispensing of alcohol within the OPH-D and Commercial Recreation (CR) zoning
districts. This change will ensure consistency with the intent of the zoning districts and their
specific regulations.
Importantly, the OPH-D district regulations must remain consistent with the Downtown Historic
Palm Harbor Master Plan, which provided the basis for the establishment of the OPH-D
district. Similar amendments to the Master Plan’s list of permitted uses are therefore required.
Changes to the Master Plan will go through the public review process as a separate item.
The proposed Ordinance is scheduled for public hearings by the Board of County
Commissioners on December 16, 2014 and February 10, 2015. Two public hearings are
required, pursuant to Section 125.66(4)(b), Florida Statutes, when the proposed Ordinance
amends the County Code to change the actual list of permitted, conditional, or prohibited uses
within a zoning category. These dates coincide with the timeframe for the related amendments
to the Downtown Historic Palm Harbor Master Plan.
IMPLEMENTATION OF
THE PINELLAS COUNTY COMPREHENSIVE PLAN
The proposed Ordinance to amend Chapter 138 of the Pinellas County Land Development
Code is consistent with the following adopted principles, objective and policies of the Pinellas
County Comprehensive Plan:
Planning to Stay Element:
Sustain a Quality Urban Community and Promote Strong Neighborhoods and Diverse Housing
Opportunities
Principle 2:
A distinguishing characteristic of Pinellas County is the presence of a diverse
mix of cities, small towns and suburban communities on a small peninsula.
This variety of urban environments provides people with a choice of lifestyles,
2
and retaining
r
an
nd enhanciing these distinctive
d
c
community
characterisstics will
ensurre that theyy remain vita
al and succcessful com
mmunities.
P
Principal
4:
Pinelllas Countyy will contin
nue to supp
port efforts to create, or recreatte, lively
and dynamic
d
arreas of mixxed-use. Re
evitalization
n efforts ha
ave so far focused
centers, and older
prima
arily on historic downto
owns, neigh
hborhood commercial
c
comm
mercial corrridors. The
ese revitallized mixed
d-use area
as provide vibrant
place
es where urban
u
life can
c
be exp
perienced first-hand
f
o foot. Th
on
hey also
create
e a conduccive environ
nment for th
he type of re
esidential developmen
d
nt where
servic
ces and am
menities are
e often withiin walking distance.
d
F
Future
Lan
nd Use and
d Quality Communitie
es Elementt:
P
Policy
1.3.8
8:
Mixed
d-use deve
elopment shall create
e a strong sense of community
c
identity
through conside
eration of su
uch mechanisms as optional
o
and
d/or require
ed urban
desig
gn and arch
hitectural de
esign criterria, recognizing historiic setback patterns
and lot sizes, th
he creation of places that are orriented to the
t
pedestrrian and
native mode
es of trave
el such as bicycle use, providing greenspa
ace and
altern
lands
scaping in public
p
space
es, and oth
her approprriate mecha
anisms that may be
specific to a partticular locattion.
O
Objective
2.4:
design
The County La
and Devellopment Code
C
will promote
p
h
high-quality
stand
dards that support
s
a co
ommunity’ss image and
d contribute
e to its iden
ntity and
uniqu
ue sense off place.
R
Recreation
n, Open Space and Culture Elem
ment:
P
Policy
5.3.5
5:
Pinelllas County shall continue to provvide for the
e protection, preservation, and
appro
opriate usse of hisstorically significant housing, structure
es, and
archa
aeological resources
r
t
through
imp
plementatio
on of the hiistoric presservation
and comprehe
ensive zon
ning chapters of the
t
Pinella
as Countyy Land
ode.
Development Co
B
BCC
Public
c Hearing Date: Dece
ember 16, 2014
2
ATTACHME
A
ENTS:
Map off the Old Pa
alm Harbor--Downtown Zoning Disstrict
nce (strike-tthrough/und
derline verssion)
Proposed Ordinan
3
ORDINANCE NO. 15-___
AN ORDINANCE OF THE COUNTY OF PINELLAS, AMENDING THE ZONING
PROVISIONS OF THE PINELLAS COUNTY LAND DEVELOPMENT CODE,
CHAPTER 138, ARTICLE V, DIVISION 12, THE OLD PALM HARBOR-DOWNTOWN
ZONING DISTRICT; AMENDING SECTION 138-1006, DEFINITION, PURPOSE AND
INTENT OF DISTRICT; AMENDING SECTION 138-1007, APPLICABILITY AND
NONCONFORMITIES; AMENDING SECTION 138-1008, PERMITTED USES;
AMENDING SECTION 138-1009, FIRST FLOOR USES; AMENDING SECTION 1381010, PROPERTY DEVELOPMENT REGULATIONS; AMENDING SECTION 1381011, OFF-STREET PARKING; AMENDING SECTION 138-1013, DESIGN CRITERIA;
AMENDING ARTICLE VII, DIVISION 3, SECTION 138-1332, ALCOHOLIC
BEVERAGES; PROVIDING FOR OTHER MODIFICATIONS THAT MAY ARISE
FROM REVIEW OF THE ORDINANCE AT THE PUBLIC HEARINGS AND WITH
RESPONSIBLE PARTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pinellas County and the community of Palm Harbor have worked together since
the early 1990s to protect the historical integrity of Downtown Palm Harbor; and
WHEREAS, in 1994, the Pinellas County Board of County Commissioners established the
Downtown Palm Harbor Historic District to support the community’s efforts to recognize and
protect the unique heritage of this unincorporated area of north Pinellas County; and
WHEREAS, local residents, property and business owners, County staff, and members of the
Old Palm Harbor Main Street Program worked with a consultant team over several months to
develop a draft Downtown Palm Harbor Master Plan in the Fall of 2000; and
WHEREAS, the local community, the Old Palm Harbor Main Street Program, and County staff
refined the Master Plan after the Fall of 2000, and the final Downtown Historic Palm Harbor
Master Plan was adopted by the Board of County Commissioners on December 18, 2001; and
WHEREAS, implementation of the Master Plan required amendments to Pinellas County Land
Development Code to establish a zoning district that would allow a compatible development
pattern based upon the historic lot pattern and existing urban design features; and
WHEREAS, the Pinellas County Board of County Commissioners adopted the Old Palm
Harbor-Downtown (OPH-D) Zoning District in May 2002; and
WHEREAS, the OPH-D Zoning District establishes a list of permitted uses for properties
located within the District; and
WHEREAS, County staff has recently received inquiries from individuals expressing interest in
establishing certain uses not currently permitted in the OPH-D Zoning District; and
WHEREAS, County staff has developed proposed amendments to the OPH-D Zoning District
that would allow for additional permitted uses in response to these inquiries; and
WHEREAS, County staff has identified other needed amendments to the OPH-D Zoning
District and the Alcoholic Beverages section of the Code that are necessary to ensure internal
Code consistency; and
WHEREAS, the County Planning Department met with the Downtown Palm Harbor Merchants
Association on September 10, 2014 to notify property and business owners and receive their
input on proposed changes to the OPH-D Zoning District; and
WHEREAS, the Pinellas County Local Planning Agency (LPA) held a public hearing to receive
public comment on the proposed changes to the Land Development Code, and the
recommendation from the LPA has been received and considered.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of
Pinellas County, Florida, in regular meeting duly assembled on this ____ day of ________, 2015,
that the Land Development Code of Pinellas County is amended as follows:
SECTION 1. Section 138-1006 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1006. Definition, Purpose and Intent of District
The Old Palm Harbor-Downtown (OPH-D) District will provide a set of regulations that
recognize, maintain and encourage the special character, uses and history of Downtown Old
Palm Harbor and its historic district. The area will include a mixture of retail, lodging,
residential, office and service uses. The OPH-D district is intended to assist in implementing the
Downtown Historic Palm Harbor Master Plan adopted by the board of county commissioners by
Ordinance No. 01-85 on December 18, 2001, and as it may be amended from time-to-time. Only
those properties located within the master plan study area as adopted, or as it may be amended by
the board, are eligible for designation with this district. The OPH-D district incorporates design
and dimensional regulations that maximize the pedestrian experience and that recognize the
existing character of Old Palm Harbor and its historic buildings.
Due to the increased mix of uses promoted, there is the opportunity to combine multiple
purposes into one trip. As a result, parking requirements reflect this increased rate of internal
capture and other unique circumstances such as a mix of uses, on-street parking, and bike traffic
from the Fred Marquis Pinellas Trail.
There are two sub-districts within the OPH-D district based upon the desired uses and the street
function. The sub-district assignments will differentiate uses and dimensional regulations, as
outlined in the following sections.
(1) East sub-district: Represents the historic downtown commercial center for Old Palm Harbor.
(2) West sub-district: Represents a transitional area between residential uses near the waterfront
and the historic downtown commercial center.
2
SECTION 2. Section 138-1007 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1007. Applicability and Nonconformities
(a) The OPH-D district zoning and design criteria will provide for the regulation and restriction
of uses, structures, lots and parcels, or combinations thereof, which were lawfully established
prior to the adoption of the ordinance from which this section derives.
(1) All new uses, development, alteration, demolition, relocation, reconstruction and
excavation within the OPH-D district shall be subject to the requirements of this division.
(2) All new development, alteration, demolition, relocation, reconstruction, and excavation
within the OPH-D district shall be subject to the requirements and procedures of section
146-7 for certificates of appropriateness. The design criteria for issuance of a certificate
of appropriateness in the OPH-D district shall be as stated in section 138-1013.
(b) Sections 138-201 through 138-208 213, regarding nonconformities, shall apply to the OPH-D
district.
(c) In cases where an individual lot or parcel has a building site area smaller than the
requirements of the district:
(1) Individual lots of record that were legally platted as of the date of adoption of the
ordinance from which this section derives and no less than 25 feet in width may be
developed.
(2) No new lots less than 50 feet in width shall be created.
(d) Section 138-1009, first floor uses, shall be made compliant according to the criteria of
sections 138-201 through 138-208 213, regarding nonconforming uses.
(e) Communication towers and antennas as defined in the Pinellas County Code, section 1381347, must comply with the height requirements in the OPH-D Zoning District and in the
Downtown Palm Harbor Historic District and be camouflaged and consistent with the
architectural character of the Downtown Palm Harbor Historic District.
SECTION 3. Section 138-1008 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1008. Permitted Uses
The following uses are permitted individually or in combination within the OPH-D district subdistricts.
Permitted Use
Commercial and Public/Semi-Public Uses:
Retail business or commercial use that does not involve the manufacture or
processing of products (e.g. grocery, convenience shopping, drugstore,
hardware, sundries)
Allowable
Sub-District
East
sub-district
3
Allowable
Sub-District
East
sub-district
Permitted Use
Medical and Dental Offices
Professional, scientific, and technical services (e.g. attorneys, accounting,
engineering, architecture, real estate, stockbrokers, advertising, interior design,
surveying and mapping, consulting services, scientific research, financial
investment advice, software publishing, insurance)
Personal services (e.g. barbershops, beauty parlors, shoe repair, framing shop,
personal and household goods repair and maintenance)
Eating and drinking establishments (indoor/outdoor)
Veterinary clinic (no kennel/all enclosed)
Studios and galleries (e.g. artist, photographer, musician)
Medical clinic provided it can be carried out in a manner compatible with the
definition of this district
School (public or private)
Churches
Day care center(1)
Parks and related uses
Bank facilities
Bank drive-through facilities(2)
Parking lots or structures (stand-alone)(3)
Government and community buildings and uses(4)
Theatres(5)
Artisan Establishments (6)
Alcoholic Beverage Production Facilities (7)
Both
sub-districts
East
sub-district
East
sub-district
East
sub-district
Both
sub-districts
East
sub-district
East
sub-district
East
sub-district
Both
sub-districts
Both
sub-districts
East
sub-district
East
sub-district
East
sub-district
East
sub-district
East
sub-district
East
sub-district
East
sub-district
Residential and Lodging Uses:
Single-family dwellings
Duplex and triplex dwellings
West
sub-district
Both
sub-districts
4
Permitted Use
Multiple family dwellings
Home occupations
Accessory dwelling units
Bed and breakfast(68)
Allowable
Sub-District
Both
sub-districts
Both
sub-districts
Both
sub-districts
Both
sub-districts
Notes to permitted uses:
Outdoor display and/or sales of retail goods, wares and merchandise are permitted in the East
Sub-district, provided such activities are accessory to the primary use of the subject property and
do not occur within public rights-of-way. Only the business or entity occupying the principal use
or structure may be permitted to sell merchandise in outdoor display areas. Areas so utilized
must be permitted and depicted on a County-approved site plan. When abutting a residential use,
such areas shall be screened with a six-foot high opaque wall or fence, consistent with subsection
138-1013(c). The height of displayed merchandise shall not exceed the height of any wall or
fence used for screening purposes.
The following additional standards apply to specific permitted uses:
(1) Day care centers shall be subject to the following requirements:
a. Provide a gross land area of 500 square feet per child (does not apply to adult day
care).
b. Orient all children's play areas and provide buffering and separation, as deemed
appropriate by the director of development review services, so as to prevent adverse
impacts to adjacent properties (does not apply to adult day care).
c. Facilities to be licensed as required by appropriate governmental agencies.
d. Parking required at one space per employee plus one space per each ten students or
clients.
(2) Bank drive-through facilities shall be subject to the following requirements:
a. Shall be set back 25 feet from existing residential uses including stacking lanes.
b. Shall only be considered for bank facilities located along Alternate U.S. 19.
(3) Parking lots or structures (stand-alone): In addition to all other applicable requirements,
parking lots shall comply with sections 138-1011 and 138-1012.
a. Not permitted on Florida Avenue.
(4) Government and community uses and buildings: Pursuant to section 138-270 (6).
(5) Theatres shall be subject to the following requirements:
a. Limited in size to 200 seats.
b. Shall not be located adjacent to existing residential uses.
5
(6) Artisan establishments are intended to produce high-quality or distinctive products
generally in small quantities. The production is usually by hand or traditional methods.
Examples include, but are not limited to, glass blowing, jewelry making, woodworking,
baking and traditional food product making. Artisan establishments shall be subject to the
following:
a. Building space used for artisan establishments shall not exceed a floor area of 7,500
square feet.
b. Artisan establishments are permitted accessory outdoor work areas for purposes of
creating art pieces and hosting demonstrations of artisan practices. Areas so utilized
must be permitted and depicted on a County-approved site plan. When outdoor work
areas abut a residential use, the area shall be screened with a six-foot high, opaque
wall or fence, consistent with the standards of subsection 138-1013(c).
c. Artisan establishments are permitted to teach artisan crafts, skills and techniques.
d. When located in the area of the OPH-D district described in section 138-1009, artisan
establishments shall provide a retail storefront.
e. Artisan establishments shall strictly adhere to the performance standards required by
Article VII, Division 4 of this Chapter.
(7) Alcoholic beverage production facilities include microbreweries, brewpubs, wineries,
distilleries, cideries, meaderies, and other producers of alcoholic beverages for sale and
distribution. Alcoholic beverage production facilities in the OPH-D district shall be
subject to the following requirements:
a. The facility shall produce no more than 20,000 barrels (620,000 US gallons) of beer
and/or cider per year (microbrewery/cidery), 100,000 US gallons of wine and/or
mead per year (winery/ meadery), or 15,000 US gallons of spirits per year (distillery).
b. This use shall be permitted only in conjunction with a restaurant, tasting room or
retail sales.
c. No more than 75 percent of the total gross floor space of the establishment shall be
used for the alcohol production function including, but not limited to, the brewhouse
or equivalent, boiling and water treatment areas, laboratories, bottling, canning and
kegging lines, milling and storage, fermentation tanks, conditioning tanks, and
serving tanks.
d. All outdoor mechanical equipment shall be concealed from public streets (excluding
alleys) and adjacent residential uses.
e. No outdoor storage shall be allowed, including the use of portable storage units, cargo
containers and tractor trailers.
(68)Bed and breakfast shall be subject to the following requirements:
a. Offers transient accommodations to lodgers in ten or fewer guest rooms for rent.
b. A maximum six-square-foot sign may be provided to identify the facility location in
the east sub-district.
6
c. A maximum two-square-foot sign may be provided to identify the facility location in
the west sub-district.
SECTION 4. Section 138-1009 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1009. First Floor Uses
In that portion of the east sub-district of the OPH-D district located south of Nebraska Avenue,
north of Georgia Avenue, east of Alternate U.S. Highway 19, and west of C.R. 1, pedestrianoriented uses are required on the first floor.
(1) The allowable uses from section 138-1008 are:
(a) Retail businesses.
(b) Personal service establishments (e.g. personal and household goods repair and
maintenance, personal care services such as barber shops, beauty salons, shoe repair,
framing shops).
(c) Medical and dental offices.
(d) Eating and drinking establishments (indoor and/or outdoor).
(e) Food markets.
(f) Studios and galleries (artists, photographer, etc.).
(g) Bank facilities (no drive-through facilities).
(h) Bed and breakfast.
(i) Professional, scientific, and technical services (e.g. attorneys, accounting, engineering,
architecture, real estate, stockbrokers, advertising, interior design, surveying and
mapping, consulting services, scientific research, financial investment advice, software
publishing, insurance).
(j) Artisan establishments.
(k) Alcoholic beverage production facilities.
(2) The criteria for compliance with this section are described in section 138-1007.
SECTION 5. Section 138-1010 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1010. Property Development Regulations
(a) Maximum building height. No structure in the OPH-D district shall exceed 30 feet in height
(measured to the lowest portion of the eaves).
(b) Minimum building site area requirements. The minimum building site area requirements in
the OPH-D district are as follows:
(1) Area: 4,500 square feet.
7
(2) Width: 50 feet.
(3) Depth: 90 feet.
(4) Lots less than 50 feet in width that are lawfully existing as of the date of adoption of this
ordinance may be developed pursuant to the conditions outlined in section 138-1007.
(c) Maximum lot development.
Maximum Lot Development
Floor Area Ratio (F.A.R.)
Residential Density
Impervious Surface Ratio
(1)
Sub-District
East
0.40 maximum(2)
10 units per gross acre
0.85 maximum
West
0.30 maximum(3)
10 units per gross acre
0.75 maximum
Notes to the maximum lot development:
(1) Floor area used as a dwelling unit shall not be included in calculating floor area and are
exempt from F.A.R. limitations.
(2) The maximum F.A.R. for properties where first floor uses are restricted per section 1381010 1009 is 0.60.
(3) Professional, scientific, and technical service uses, galleries, and studios shall not exceed
an FAR of 0.30 or 1,500 square feet, per lot, whichever is less. These nonresidential uses
shall only be permitted within an existing residential structure that has been converted for
these types of uses. Any structural changes, modifications, or enlargements to existing
residential structures shall retain the residential character of the building.
(d) Setback requirements. The following setbacks shall be required:
Setbacks
East sub-district, abutting Florida
Avenue east of Alt-19; and the
property at 1205 Omaha Circle
Minimum:
Maximum:
East sub-district, not abutting
Florida Avenue east of Alt-19
Minimum:
Maximum:
West sub-district
Minimum:
Notes to the setback requirements:
Front
Side
Rear
Abutting
Residential
Corner
0 ft.
15 ft.
0 ft.
-----
0 ft.
-----
7.5 ft.
-----
0 ft.
-----
10 ft.
20 ft.
0 ft.
-----
0 ft.
-----
7.5 ft.
-----
5 ft.
-----
10 ft.
7.5 ft.
15 ft.
-----
10 ft.
(1) The maximum setback on the east side of Omaha Circle/College Hill Drive, between
Nebraska Avenue and Georgia Avenue, shall be 30 feet to accommodate the historic
8
perpendicular parking pattern that was incorporated into the Downtown Historic Palm
Harbor Master Plan adopted on December 18, 2002.
SECTION 6. Section 138-1011 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1011. Off-Street Parking
This section provides for safe and efficient parking while recognizing the unique conditions in
Palm Harbor. Some internal capture of vehicle trips results from the mixture of uses and the
bicycle traffic from the Fred Marquis Pinellas Trail. This combined with the public street parking
improvements allows a reduced off-street parking requirement for comparable uses in
conventional zoning districts.
(1) There shall be provided at the time of the erection of any structure, or at the time any
structure is enlarged or increased in capacity, a minimum number of off-street parking
spaces.
(2) In the east sub-district, the minimum number of off-street parking spaces provided shall be
equal to the following:
a. For retail uses, personal services, studios and galleries, and eating and/or drinking
establishments, artisan establishments, and alcoholic beverage production facilities, the
minimum number of off-street spaces provided shall be equal to 2.1 parking spaces per
1,000 square feet of gross floor area. Outdoor work areas and outdoor display and/or
sales of retail goods, wares and merchandise that are equal to or less than 400 square feet
in area are not included when calculating the required number of minimum off-street
parking spaces.
b. For medical and veterinary clinics, medical and dental offices, and other office uses, the
minimum number of off-street spaces provided shall be equal to four parking spaces per
1,000 square feet of gross floor area. A rate reduction of 0.2 parking space for every one
public parking space located within a radius of 500 feet from the center of the parcel or
parcels where the improvement will be located shall be applied towards meeting the offstreet parking requirements. The county may request a survey be provided locating the
center of the parcel or parcels where the improvement will be located for the purpose of
determining the 500-foot radius. Only those public parking spaces completely located
(both the entire width and length of the space) within the 500-foot radius can be counted
toward the parking rate reduction. Calculation of this reduction shall not include on-street
public parking spaces located along Florida Avenue, Michigan Avenue, and Nebraska
Avenue. Regardless of the resulting rate reduction, a minimum of two off-street parking
spaces shall be provided.
c. For other nonresidential uses, the minimum number of off-street parking spaces provided
shall be equal to 45 percent of the minimum number of off-street parking spaces required
in section 138-1302, with a minimum of two spaces.
(3) For nonresidential uses in the west sub-district: the minimum number of off-street spaces
provided shall be equal to four-fifths the minimum number of off-street automobile parking
spaces required in section 138-1302, with a minimum of two spaces.
9
(4) Off-street parking for nonresidential uses in the west sub-district shall not be located in the
front or corner setback areas.
(5) Any outdoor seating area shall be included when calculating the required number of
minimum off-street parking spaces, except that no off-street parking shall be required for an
outdoor seating area that allows up to 24 seats and is equal to or less than 400 square feet in
area. An outdoor seating area shall be accessory to an eating and/or drinking establishment
with indoor dining.
(6) Alleys may be used for access to off-street parking spaces.
(7) Parking spaces for nonresidential uses may be provided on a separate lot or parcel not more
than 500 feet from the primary parcel to be served as measured along the most direct
pedestrian route.
(8) Bed and breakfast in the east sub-district: one off-street parking space for every two guest
rooms plus one space. Bed and breakfast in the west sub-district: one off-street parking space
for every guest room plus two spaces. Parking shall be provided in a manner that is
compatible with the surrounding area.
(9) Single-family dwellings: two off-street parking spaces per dwelling unit.
(10)For all other residential uses: one off-street parking space per efficiency unit and one and
one-half off-street parking spaces per dwelling unit with one or more bedrooms.
(11)Where not specifically changed in this section, parking requirements shall otherwise comply
with article VII, division 2 of chapter 138.
(12)Off-street parking shall not be located on the Florida Avenue frontage east of Alternate U.S.
Highway 19.
(13)Shared parking: parking facilities may be used jointly with parking facilities for other uses
when operations are not normally conducted during the same hours, or when hours of peak
use vary. Requests for the use of shared parking are subject to approval by the county
administrator or his/her designee, and must meet the following conditions:
a. The applicant must demonstrate to the county administrator's satisfaction that substantial
conflict shall not exist in the principal hours or periods of peak demand for the uses for
which the joint use is proposed.
b. The number of parking spaces which may be credited against the requirements for the
structures or uses involved shall not exceed the number of parking spaces reasonably
anticipated to be available during differing hours of operation. The maximum reduction
in the number of parking spaces required for all uses sharing the parking area shall be 25
percent.
c. Parking facilities designed for joint use should not be located further than 500 feet from
any structure or use served, measured along the most direct pedestrian route.
d. A written agreement shall be drawn to the satisfaction of the county attorney and
executed by all parties concerned assuring the continued availability of the number of
parking spaces designated for joint use.
10
(14)For properties within this district that have existing buildings, as of May 21, 2002, the offstreet parking arrangement in existence on that date for each building shall continue to be
recognized by the county as meeting the minimum parking requirements of the OPH-D
district. Such existing building square foot area may be renovated and redeveloped even if it
involves the demolition and subsequent reconstruction of a similar size to the existing
building square foot area without providing any additional off-street parking spaces.
However, this recognition of existing parking arrangements shall not apply to additional
building square footage or to a change in use that increases the required number of off-street
parking spaces. Parking shall be provided, as required by this section, for any increase in
building square foot area, or for the increased number of parking spaces required by a change
in use.
SECTION 7. Section 138-1013 of the Pinellas County Land Development Code is amended
to read as follows:
Sec. 138-1013. Design Criteria
(a) All new development, alteration, demolition, relocation, reconstruction, and excavation
within the Old Palm Harbor - Downtown (OPH-D) District shall be subject to the criteria for
historic properties set forth in chapter 146 and reiterated below. Those properties that are also
located within the Downtown Palm Harbor Historic District shall continue to be subject to
the provisions of chapter 146, the Historical Preservation Code.
(b) The following design criteria apply to the OPH-D district. Downtown Old Palm Harbor is the
historic commercial center for one of the oldest communities in Pinellas County. There are
several contributing buildings within the OPH-D district. The historical "contributing"
buildings located in the OPH-D district do not fall into any specific architectural style but are
instead considered a part of the "folk" architectural tradition. For this reason, design criteria
cannot be based upon specific, stylistic elements but instead must be based upon the
connecting elements and characteristics that are present in the district. These characteristics
include: the relationship between the shape, size and height of the buildings, the front-facing
orientation of the buildings and the lack of setbacks from the main street, the major roof
types; window/door design and placement; and minimal ornamentation and architectural
detailing. Minor connecting elements in the district include shutters, porches, and fences.
(1) General design criteria.
a. The scale (height/width ratio) of new construction, or of alterations/additions to
existing structures, shall be similar to that of the contributing structures in the district.
b. New buildings or alterations/additions to existing structures shall not be built higher
than the existing buildings in the district on the date the Downtown Palm Harbor
Historic District was established (August 16, 1994). The height of new construction,
or of alterations/additions to existing structures, shall not exceed 30 feet in height
when measured at the eave of the structure.
c. The historical setback patterns and street-facing orientation shall be maintained for
new and reconstructed buildings. The orientation of new buildings, and of
11
alterations/additions to existing buildings, shall maintain front-facing facades with the
main entrance on the street side of the building.
d. The size, slope, and type of roofs for new construction, or for alterations/additions to
contributing structures, shall be similar to those of the contributing structures.
e. Shutters shall be in character with the style and period of the building. Replacement
shutters shall be similar to the original in size, configuration, and style, and shall fit
the window openings, not to overlap on the surface of the wall.
f. Porch additions shall have a roof type that is either similar to the existing roof or that
is in character with the style and period of the building.
g. Historically, building, trim, and roof colors have not been a major defining
component of the district. Choice of colors should complement and enhance the
character of the district. For new construction and noncontributing structures, specific
color choice is left to the discretion of the property owner. For contributing structures,
the general criteria for evaluating certificates of appropriateness as cited in subsection
146-7(a)(6) of the historic preservation code shall be followed.
h. On-street or alley parking should be maintained. Historical parking patterns should be
followed in site-plan requirements for new construction.
(2) Contributing structures.
a. If windows and doors in contributing structures are determined to be unrepairable,
they shall be replaced with new windows and/or doors matching the size, spacing,
and materials of the originals.
b. Porches and porch features that are in good condition or repairable, and which are in
character with the style and period of the building, shall be retained. Porches and
porch features shall be repaired so they match the existing in materials, size and
configuration.
(3) Noncontributing structures.
a. Where possible and appropriate, alterations and additions to noncontributing
structures shall be similar to the major features, details and materials found in the
contributing structures. Alterations and additions shall not introduce false historical
architectural features not found in the district.
b. Where possible and appropriate, when renovating an existing noncontributing
structure, new or replacement windows and/or doors shall be similar to the size,
spacing, materials and general rhythm of the windows and doors found in the
contributing structures.
(4) New construction.
a. The roof types of new buildings shall conform to the roof types of the contributing
structures in the district. Gable, pyramidal (hip), and flat roofs with parapets are
found in the contributing structures. Use of a roof type that is not present in the
contributing structures, and which can be seen from the street is prohibited.
Alternative roof styles can be used if they are concealed by a parapet and are not
visible from the street.
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b. Proportions, configurations, and placement of windows and doors in new buildings
shall be similar to the size, spacing, materials and general rhythm of the window/door
fenestration found in the contributing structures.
c. Use of double-hung sash windows with two four-lites is encouraged. Jalousie
windows are prohibited. Recessed entrances are encouraged.
d. Major architectural features, detailing and materials used in new construction shall be
similar to those of the contributing structures found in the district.
e. Modern equipment such as solar collectors, air conditioners, etc. shall be concealed
from public view.
(c) Fences within the OPH-D district shall be limited to the following styles and materials:
(1) All fences and walls shall be constructed of materials appropriate to their purpose and
location and shall be compatible with the streetscape materials.
a. Fences and walls on all street frontages shall be constructed only of decorative open
pickets, decorative metal, brick, or stamped concrete which are compatible with the
streetscape design materials.
b. No fence or wall shall be constructed of corrugated sheet metal, barbed wire, chicken
wire, or similar materials.
c. Chain link fences concealed by landscaping may be allowed along the side of
property that has no street or alley frontage.
(2) On all street frontages (except for frontage on an alley), walls and fences shall not exceed
three feet in height, except in those instances where a higher fence is required by section
138-1286 for screening dumpsters.
(3) No fence or wall shall be constructed within a public right-of-way, right-of-way easement
or utility easement, unless authorized by Pinellas County.
(4) No fence or wall shall enclose a water meter box or manhole, unless authorized by
Pinellas County.
(5) Where not specifically changed in this section, fences and walls shall otherwise comply
with section 138-1336.
SECTION 8. Section 138-1332 (b) and (c) (1) of the Pinellas County Land Development
Code is amended to read as follows:
Sec. 138-1332. Alcoholic Beverages
(b) Dispensing for off-premises consumption. The dispensing of alcoholic beverages for offpremises consumption only by any business establishment shall be permitted only in zoning
districts classified by this chapter as C-1, C-2, C-3, CP, CR, M-1, OPH-D or IPD. Such sales
shall also be permitted within any authorized commercial building located in an RPD district.
The wholesale storage and distribution only of alcoholic beverages shall be permitted in
zoning districts C-3, M-1, M-2, and IPD.
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(c) Dispensing for on-premises consumption; distance required from residential zoning districts.
(1) The dispensing of alcoholic beverages by any business establishment for on-premises
consumption shall be permitted only within the following zoning districts: C-1, C-2, C-3,
CP, CR, M-1, OPH-D and IPD. Such sales shall also be permitted within any authorized
commercial building located in an RPD district.
SECTION 9. Severability
If any Section, subsection, sentence, clause, phrase, or provision of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall
not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional.
SECTION 10. Inclusion in the Code
The provisions of this Ordinance shall be included and incorporated in the Pinellas County Land
Development Code as an amendment thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Pinellas County Land Development Code.
SECTION 11. Filing of Ordinance; Effective Date
Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners within ten (10) days
after enactment by the Board of County Commissioners. This Ordinance shall become effective
upon notice of filing of the Ordinance with the Department of State.
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