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City of Tarpon Springs, Florida

STAFF REPORT

June 18, 2019

TO: PLANNING AND ZONING BOARD

MAYOR AND BOARD OF COMMISSIONERS

FROM: PLANNING AND ZONING DEPARTMENT

HEARING DATES: JUNE 17, 2019 (PLANNING & ZONING BOARD)

JUNE 25, 2019 (BOARD OF COMMISSIONERS)

SUBJECT: APP-19-40: ROGER G. FRUITS – RESOLUTION 2019-

17: A RESOLUTION OF THE CITY OF TARPON SPRINGS,

FLORIDA, APPROVING APPLICATION #19-40 REQUESTING A

CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF

A SEASONAL/SHORT-TERM RESIDENTIAL RENTAL AT 18

WEST ORANGE STREET, LOCATED ON THE NORTH SIDE OF

ORANGE STREET BETWEEN NORTH PINELLAS AVENUE AND

GRAND BOULEVARD, IN THE T5D DISTRICT OF THE SPECIAL

AREA PLAN; PROVIDING FOR FINDINGS; PROVIDING FOR

CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

I. APPLICATION

A. Request: Conditional Use approval to allow operation of a seasonal / short-

term rental at an existing single family residence in the T5d district of the

Special Area Plan

B. Applicant: Roger G. Fruits, P.O. Box 931, Tarpon Springs, FL 34688

C. Owner: Roger G. Fruits, P.O. Box 931, Tarpon Springs, FL 34688

II. PROPERTY INFORMATION

A. Location: 18 West Orange Street, located on the north side of Orange Street

between North Pinellas Avenue and Grand Boulevard.

B. Subject Parcel Zoning/ Land Use Plan Designation: T5d (North Pinellas

Avenue) / CRD (Community Redevelopment District)

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C. Surrounding Zoning and Existing Uses:

Zoning Existing Use

North: T5d (North Pinellas Avenue) Single Family Residential

East: T5d (North Pinellas Avenue) Single Family Residential

South: T5d (North Pinellas Avenue) Single Family Residential

West: RO (Residential Office) Office

D. Tax Parcel ID Number: 12-27-15-89982-064-0305

III. BACKGROUND

The applicant is seeking conditional use approval to operate a seasonal / short-

term rental of an existing single family residence located at 18 West Orange Street

on the north side of Orange Street between North Pinellas Avenue and Grand

Boulevard. The Transect-Based Infill Code for the Sponge Docks and Community

Redevelopment Area defines a seasonal/short-term rental as follows:

“A dwelling unit that may also be used to provide temporary lodging

accommodations for compensation to transient residents, especially

motor tourists or travelers. A transient resident shall mean a visitor to

the community who does not use the dwelling as a principal residence,

who is neither gainfully employed in the community nor a student

currently enrolled in a school located in the community or who resides

in the dwelling for 6 weeks or less.”

The subject property was built in 1965 according to the Pinellas County Property

Appraiser and does not conform to some zoning district standards such as setbacks.

It does have the required access and parking built on the site.

IV. STANDARDS FOR REVIEW

Pursuant to Section 209.01, Standards for Review of Conditional Uses, of the

Tarpon Springs Land Development Code (LDC), no conditional use shall be

recommended for approval or receive a final action of approval unless a positive

finding, based upon substantial competent evidence either presented at a public

hearing held by the Board or reviewed personally by the Board members, is made

on each of the following standards:

1. Conformance with the requirements of the Land Development Code.

Analysis: The residence is existing and includes sufficient area to

accommodate access and parking. The City’s Technical Review Committee

(TRC) reviewed this project at their regular meeting of May 2, 2019 and

determined that the project complies with the Land Development Code.

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2. The use to which the property may be put is appropriate to the property in

question and is compatible with existing and planned uses in the area.

Analysis: The property is in the Downtown Character District of the City’s

Special Area Plan. This is an area that encourages activity and a mix of uses,

including operation of short-term residential rentals. The proposed use meets

the definition of a seasonal/short-term rental and is located just two doors west

of the Orange Street/North Pinellas Avenue. The general area contains a variety

of uses includes residential, office and commercial. The seasonal rental will be

consistent with the performance standards of the T5d district and will meet the

spirit of the Downtown Character District to promote support of the retail uses

in the district.

3. The conditional use is consistent with the goals, objectives and policies of all

Elements of the City Comprehensive Plan.

Analysis: The conditional use is consistent with the goals, objectives, and

policies of all elements of the City’s Comprehensive Plan.

4. The conditional use will not result in significant adverse impacts to the

environment or historical resources.

Analysis: The property is a non-contributing, non-historic resource in the City’s

Historic District. The seasonal/short-term rental merely changes the use from

occupation by permanent residents to occupation by transient residents. There

is no development activity associated with this application and therefore it will

not negatively impact the City’s Historic District. The use is not proposed on an

environmentally sensitive site.

5. The conditional use will not adversely affect adjoining property values.

Analysis: The proposed seasonal/short-term rental is located adjacent to and

nearby a mix of residential, commercial and office uses appropriate to this

transect district. The property will continue to be subject to all applicable City

Codes and Ordinances governing not only land use, but noise, nuisances,

property maintenance and other similar codes. These standards will help ensure

that the proposed conditional use will fit the character of the neighborhood and

will not adversely affect property values.

6. The conditional use will not adversely impact nor exceed the capacity or the

fiscal ability of the City to provide available public facilities, including

transportation, water and sewer, solid waste, drainage, recreation, education,

fire protection, library service and other similar public facilities.

Analysis: The single-family residence is existing and is already served by the

City. The development will not require the extension of new public services to

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the site, and will not adversely affect the ability of the City to provide adequate

public facilities.

7. The conditional use 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 conditional use is located in the Downtown Character

District of the Special Area Plan district of the City which encourages activity

that supports commercial retail, especially on Tarpon Avenue. The conditional

use carries out this purpose and will promote efficient and orderly development

within the City. It will not adversely affect growth patterns and the ability of the

City to provide public facilities.

V. STAFF RECOMMENDATION

Staff is recommending approval of Resolution 2019-17 with the following

conditions:

1. The property shall remain a single family residence rented as a single living

unit.

2. The building shall be maintained with the following:

a. One smoke detector in each sleeping area,

b. One smoke detector in the common hall between sleeping areas,

c. Smoke detectors shall be of the 10-year lithium battery style, and,

d. A fire extinguisher shall be provided and shall have annual inspections.

3. The applicant shall obtain and maintain a City of Tarpon Springs business tax

receipt for the use. If the business tax receipt lapses for a period of more than

six (6) months, a new review of the conditional use will be required.

VI. PLANNING AND ZONING BOARD RECOMMENDATION

The Planning and Zoning Board heard this application on June 17, 2019. There

were no public comments on the application. The Board voted unanimously to

recommend approval of Resolution 2018-17 with the conditions listed above.

List of Exhibits:

1) Vicinity Map

2) Aerial Map

3) Original Application

4) Deed

5) Property Record Card

6) Survey

7) Resolution 2019-17

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Vicinity Map: App-19-40

Subject

Property

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Aerial Map: App-19-40

Subject

Property

Interactive Map of this parcel Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us

12-27-15-89982-064-0305 Compact Property Record Card

Tax Estimator Updated June 7, 2019 Email Print Radius Search FEMA/WLM

Ownership/Mailing Address Change Mailing Address Site AddressFRUITS, ROGER G

PO BOX 931TARPON SPRINGS FL 34688-0931

18 W ORANGE STTARPON SPRINGS

Property Use: 0110 (Single Family Home) Total Living: SF: 738 Total Gross SF: 762 Total Living Units:1

[click here to hide] Legal DescriptionTARPON SPRINGS OFFICIAL MAP BLK 64, W 50FT OF E 150FT OF S 159FT OF LOT 3 (MAP S-12-27-15)

Tax Estimator File for Homestead Exemption 2019 Parcel Use

Exemption 2019 2020Homestead: No NoGovernment: No NoInstitutional: No No

Historic: No No

Homestead Use Percentage: 0.00%Non-Homestead Use Percentage: 100.00%Classified Agricultural: No

Parcel Information Latest Notice of Proposed Property Taxes (TRIM Notice)

Most Recent Recording Sales Comparison Census TractEvacuation Zone

(NOT the same as a FEMA Flood Zone)

Flood Zone(NOT the same as your evacuation zone)

Plat Book/Page

13658/1662 $127,500 Sales Query 121030275013 E Compare Preliminary to Current FEMA Maps D-G/800

2018 Final Value Information

Year Just/Market Value Assessed Value / Non-HX Cap County Taxable Value School Taxable Value Municipal Taxable Value

2018 $109,774 $92,586 $92,586 $109,774 $92,586

[click here to hide] Value History as Certified (yellow indicates correction on file)

Year Homestead Exemption Just/Market Value Assessed Value County Taxable Value School Taxable Value Municipal Taxable Value

2017 No $93,996 $84,169 $84,169 $93,996 $84,169

2016 No $79,289 $76,517 $76,517 $79,289 $76,517

2015 No $76,089 $69,561 $69,561 $76,089 $69,561

2014 No $73,092 $63,237 $63,237 $73,092 $63,237

2013 No $66,384 $57,488 $57,488 $66,384 $57,488

2012 No $65,979 $52,262 $52,262 $65,979 $52,262

2011 No $47,511 $47,511 $47,511 $47,511 $47,511

2010 No $56,452 $56,452 $56,452 $56,452 $56,452

2009 No $69,146 $69,146 $69,146 $69,146 $69,146

2008 No $112,000 $112,000 $112,000 $112,000 $112,000

2007 No $91,600 $91,600 $91,600 N/A $91,600

2006 No $101,300 $101,300 $101,300 N/A $101,300

2005 No $69,300 $69,300 $69,300 N/A $69,300

2004 Yes $65,500 $52,800 $27,800 N/A $27,800

2003 Yes $61,700 $51,800 $26,800 N/A $26,800

2002 Yes $58,200 $50,600 $25,600 N/A $25,600

2001 Yes $52,100 $49,800 $24,800 N/A $24,800

2000 Yes $48,400 $48,400 $23,400 N/A $23,400

1999 Yes $47,500 $47,500 $22,500 N/A $22,500

1998 No $38,200 $38,200 $38,200 N/A $38,200

1997 No $38,100 $38,100 $38,100 N/A $38,100

1996 No $39,600 $39,600 $39,600 N/A $39,600

2018 Tax Information

2018 Tax Bill Tax District: TS

2018 Final Millage Rate 20.3804

Do not rely on current taxes as an estimate following a change in ownership. A significant change

in taxable value may occur after a transfer due to a loss of exemptions, reset of the Save Our

Homes or 10% Cap, and/or market conditions. Please use our new Tax Estimator to estimate taxes

under new ownership.

Ranked Sales (What are Ranked Sales?) See all transactions

Sale Date Book/Page Price Q/U V/I

22 Jun 2004 13658 / 1662 $70,000 U I

03 Feb 1998 09981 / 2088 $59,000 Q I

05 Feb 1992 07804 / 2329 $47,000 Q I

2018 Land Information

Seawall: No Frontage: None View:

Land Use Land Size Unit Value Units Total Adjustments Adjusted Value Method

Single Family (01) 50x159 1300.00 50.0000 1.0700 $69,550 FF

[click here to hide] 2019 Building 1 Structural Elements Back to Top

Site Address: 18 W ORANGE ST

Property Appraiser General Information https://www.pcpao.org/general.php?strap=152712899820640305

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Building Type: Res Comm Use

Compact Property Record Card

Open plot in New Window

Quality: Fair

Foundation: Continuous Footing

Floor System: Slab On Grade

Exterior Wall: Concrete Block

Roof Frame: Gable Or Hip

Roof Cover: Shingle Composition

Stories: 1

Living units: 1

Floor Finish: Carpet/ Vinyl/Asphalt

Interior Finish: Drywall/Plaster

Fixtures: 3

Year Built: 1965

Effective Age: 24

Heating: Central Duct

Cooling: Cooling (Central)

Building 1 Sub Area InformationDescription Living Area SF Gross Area SF

Open Porch Unfinished 0 24

Base 738 738

Total Living SF: 738 Total Gross SF: 762

[click here to hide] 2019 Extra Features

Description Value/Unit Units Total Value as New Depreciated Value Year

PATIO/DECK $9.00 180.00 $1,620.00 $842.00 2000

[click here to hide] Permit Data

Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that donot result in field reviews (for example for water heater replacement permits). We are required to list all improvements,

which may include unpermitted construction. Any questions regarding permits, or the status of non-permittedimprovements, should be directed to the permitting jurisdiction in which the structure is located.

Permit Number Description Issue Date Estimated Value14-00000546 HEAT/AIR 02 Apr 2014 $013-00001898 ROOF 17 Dec 2013 $3,200

Interactive Map of this parcel Map Legend Sales Query Back to Query Results New Search Tax Collector Home Page Contact Us

Use of this PARCEL MAP is subject to terms of use at: http://www.pcpao.org/Terms_of_Use.html

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Property Appraiser General Information https://www.pcpao.org/general.php?strap=152712899820640305

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RESOLUTION NO. 2019-17

A RESOLUTION OF THE CITY OF TARPON SPRINGS,

FLORIDA, APPROVING APPLICATION #19-40 REQUESTING A

CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF

A SEASONAL/SHORT-TERM RESIDENTIAL RENTAL AT 18

WEST ORANGE STREET, LOCATED ON THE NORTH SIDE OF

ORANGE STREET BETWEEN NORTH PINELLAS AVENUE AND

GRAND BOULEVARD, IN THE T5D DISTRICT OF THE

SPECIAL AREA PLAN; PROVIDING FOR FINDINGS;

PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN

EFFECTIVE DATE.

WHEREAS, the City of Tarpon Springs has received an application for a

Conditional Use to allow for operation of a seasonal/short-term residential rental of a

single family residence in the T5d North Pinellas Avenue transect district of the Special

Area Plan; and,

WHEREAS, Section Table 4F. Specific Function & Use of the Transect-Based

Infill Code for the Sponge Docks and Community Redevelopment Area requires

conditional use approval for such uses within the T4a district; and,

WHEREAS, the Planning and Zoning Board held a public hearing on this

application at its meeting of June 17, 2019 and recommended approval; and,

WHEREAS, the Board of Commissioners must approve, deny or approve subject

to conditions, each application for conditional use approval; and,

WHEREAS, written notice and posted legal notice of this action has been

provided in accordance with Article XII of the Comprehensive Zoning and Land

Development Code.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF

COMMISSIONERS OF THE CITY OF TARPON SPRINGS, FLORIDA, THAT:

SECTION 1: FINDINGS

Application #19-40 meets the criteria for approving a Conditional Use as set forth in

Section 209.01 of the Land Development Code.

SECTION 2: CONDITIONAL USE APPROVAL

Application #19-40 under Resolution 2019-17, requesting Conditional Use approval to

allow establishment of a seasonal/short-term residential rental use at 18 West Orange

Street (Tarpon Springs Official Map, Block 64, West 50 feet of East 150 feet of South

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159 feet of Lot 3 (Map S-12-27-15) in the T4a North Pinellas Avenue transect district is

approved with the following conditions:

1. The property shall remain a single family residence rented as a single living unit.

2. The building shall be maintained with the following:

a. One smoke detector in each sleeping area,

b. One smoke detector in the common hall between sleeping areas,

c. Smoke detectors shall be of the 10-year lithium battery style, and,

d. A fire extinguisher shall be provided and shall have annual inspections.

3. The applicant shall obtain and maintain a City of Tarpon Springs business tax

receipt for the use. If the business tax receipt lapses for a period of more than six

(6) months, a new review of the conditional use will be required.

SECTION 3: EFFECTIVE DATE

This Resolution shall be effective upon adoption.