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DRC MEETING: October 12, 2020 @ 9:00 AM-1st Floor, Housing & Community Development
Department Conference Room
BOAA HEARING: November 4, 2020 @ 9:00 A.M. Magnolia Room, Florida Botanical Gardens
CASE DESCRIPTION: A request for a Type-2 Use related to affordable housing development to
allow for the redevelopment of a legally-established 36-unit mobile home park
in an RMH zone with a similar nonconforming density of 32 units, for the
property located at 3901 46th Avenue North in Lealman. The proposed
development is also requesting additional affordable housing incentives such
as a zero-lot line configuration along the periphery of the development,
reduced parking requirements, limited landscaping, waiving sidewalk
requirements, etc.
NOTICES SENT TO: Pinellas County Land Assembly Trust-Oasis Acres, R. Donald Mastry,
Trenam Law, Jacob Stowers, CHAF, Inc, Bcc & Surrounding Owners (See
Attached List)
DISCLOSURE: N/A
Reference #:BA20-00026
From: Levy, Kelli H
Sent: Sunday, October 11, 2020 3:53 PM
To: Washburn, Thomas E <twashburn@co.pinellas.fl.us>; Miselis, Paul <pmiselis@co.pinellas.fl.us>; Crosson,
Gene E <gcrosson@co.pinellas.fl.us>; Lyon, Blake G <blyon@co.pinellas.fl.us>
Cc: Moore, Christopher D <cdmoore@co.pinellas.fl.us>
Subject: OASIS - Comments to the DRC
Good afternoon,
1. County Attorney may need to weigh in on the legally established density of 36 units. The applicant did
not provide an approved site plan with 36 units; just a note from a former county employee on an
engineering sheet from Florida Power. The topographic survey shows 25; however, lot 23 is missing. As
stated on pg 10 of the PDF, the land use is RU, 7.5 units per acre, which equates to 12 units. The
applicant then requests a density bonus of 20 units.
2. 138.3211 (c) 3.b. The planning dept will assist the applicant in seeking fee waivers, subsidies, expedited
plan review, and other incentives…if: 2. The applicant is not requesting a density bonus and/or
development flexibility. The applicant is requesting both.
3. Applicant is requesting a parking reduction and un-paved/un-stabilized parking surfaces. I do not
support pure grass parking without stabilization such as grass block, or other approved alternatives.
Proposed parking appears to be insufficient for proposed development (1 parking spot per unit). County
code requires that the applicant demonstrates through technical memo or analysis demonstrating
reduction will not impact the surrounding neighborhoods. The applicant did not provide a memo or
analysis.
4. Concurrent site plan review. The applicant did not provide sufficient documentation to perform a site
plan review. Does this provision conflict with #2?
5. Applicant states that a zero lot line configuration is consistent with the previous development pattern.
This is not accurate. I support maintaining a setback off the ROW due to existing infrastructure
immediately adjacent to the ROW line. Further, the county is currently in the planning phase of PID
002131A 46th Ave from 49th St. N to 37th St. N. which includes roadway, sidewalk, and drainage
improvements. Setbacks on the unit 3 lots north of the stormwater pond need to be revisited. The
corner of the unit conflicts with the internal road.
6. Applicant proposes to implement the drainage layout previously discussed without proper grading. Pg
20 of the PDF indicates that the lowest elevation on the property is at the NW corner which indicates
that stormwater will run off the property into the ROW and will not be properly routed to the
stormwater system. The applicant needs to meet the provisions of ch 138 and 154 for the grading plan
and drainage plan. I do not support waiving this requirement. Further, the applicant states that the
impervious area on the property is not increasing. This is not accurate. The impervious area is increasing.
The applicant indicates that because the units are off the ground the impervious area is not increasing;
however, each unit will have a concrete pad and stormwater is not permitted to be under the units.
7. Landscaping: prior to proper site plan review, the applicant removed onsite trees and other landscaping
without proper approvals. Therefore, landscaping should, at a minimum, start at what was there before
the unauthorized activities.
8. Page 10 of the PDF.
a. Proposed density interferes with the ability to create a development that aligns with the goals of
the Comp Plan, Lealman CRA Plan, and County resolution 19-53 Health in all Policies.
b. Applicant’s submittal is insufficient for site plan review and may be inconsistent with #2 above.
c. Proposed setbacks interfere with activities in the ROW and a planned CIP project. Recommend
consistency with code, 5’ rear setbacks.
d. No comments
e. No comments
f. No comments
g. This should have been required given the intention was to redevelop the MHP.
h. No comments
i. No comments
9. Page 12 of the PDF
a. No comment
b. The applicant did not demonstrate adequate separation using screening devices, buffer areas,
and/or other appropriate means. SE corner includes commercial development. No buffering
proposed.
c. The applicant did not demonstrate adequate parking or walkways. Did not provide technical
analysis or memo demonstrating no impact to surrounding neighborhoods. Further, sidewalks
are a critical component of affordable housing. The applicant did not justify the request or
propose an alternative for consideration.
d. No comment
e. The applicant’s statement is not accurate. As proposed, the development does increase
impervious area and does create offsite drainage issues. Reduction in stormwater treatment
requires a variance or administrative adjustment. Do not support waiver on CH 138 and 154 for
grading and drainage plans which are necessary to demonstrate that the stormwater is properly
routed.
f. Applicant did not meet landscaping and buffering requirements or propose alternatives for
consideration. Do not support complete waiver of these elements.
Overall, this proposal significantly deviates from basic code requirements and the submittal does not justify the
request. Further, this proposal does not align with the County’s intent regarding Health in all Policies specifically:
• The health and well-being of Pinellas County residents are critical for a prosperous and sustainable
community.
• Health is influenced by many factors beyond genetics and medical care, including the social, economic,
service, and physical environments, both natural and built, and conditions in which people live, learn,
work, play, and age. These environments and conditions are known as the social determinants of health.
• Policies implemented by the County outside of the traditional health sector – including policies related
to food access, housing, transportation, public safety, land use, education, sustainability, climate
change, parks, air and water quality, criminal justice, and economic development – significantly affect
health inequities and the social determinants of health.
• it shall be the policy of Pinellas County to apply a “Health in All Policies” approach to the County’s
decision-making through the consideration of health, equity, and the social determinants of health in
the development and implementation of policies, projects, plans, programs, budgets, and the delivery of
services.
Lastly, key elements of this proposed project conflict with the Lealman CRA Plan Redevelopment Guiding
Principles which are committed to improving the quality of life for all citizens through socially, economically, and
environmentally sustainable methods to help create a district in which residents and business owners are proud
to invest. This proposal continues the mobile home park development standard of the 1970-1980 era which is
inconsistent with the future vision for Lealman.
Kelli
Kel l i H a mm er L ev y , M S , M P A, C PM , E NV S P
D i r e c t o r , P i n e l l a s C o u n t y P u b l i c Wo r k s
7 2 7 .4 6 4 .3 3 1 7
klevy@pinellascounty.org
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From: R. Donald Mastry [mailto:dmastry@trenam.com]
Sent: Wednesday, October 14, 2020 11:16 AM
To: Lyon, Blake G <blyon@co.pinellas.fl.us>
Subject: BA Case Number: BAA-20-25 Oasis Acres
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unless you are expecting the correspondence from the sender and know the content is safe.
Mr. Lyon,
In response to comments made at the DRC meeting on October 12th, relative to the Oasis project, CHAF, Inc. is
working with its architect to produce a landscape plan using new landscaping for the Oasis Acres project. The
landscape plan will not use the existing landscaping at the site and will attempt to comply with the current code
requirements.
In addition, the architect is modifying the design of the parking spaces utilizing a non-grass, permeable material.
Don
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From: David Lee <davidleeti@gmail.com>
Sent: Wednesday, October 21, 2020 3:30 PM
To: Bailey, Glenn <gbailey@co.pinellas.fl.us>; Lyon, Blake G <blyon@co.pinellas.fl.us>
Subject: Oasis Acres Application
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unless you are expecting the correspondence from the sender and know the content is safe.
Thank you for the opportunity to address the DRC committee last week. I wanted to follow up and make sure
the neighborhood concerns are heard clearly and addressed by staff.
Questions:
• The CRA Board has been outspoken on the redevelopment of mobile home parks. The topic was
discussed at length at the last meeting. Will you factor those comments and seek opinions from board
members as a part of your deliberation process?
• Has the CRA coordinator reviewed and provided feedback on this project?
• The developer completely cleared the site and installed underground utilities for 34 units. Were permits
obtained for this work?
• While conducting this earthwork, the developer failed to follow basic environmental standards. Are you
aware of this?
• Pinellas County environmental inspectors found the site to be out of compliance on 2 occasions. Why
was the work allowed to continue?
• The applicant left question 15 blank. Shouldn't environmental violations and potential site development
without permit violations be disclosed here?
• The applicant has failed to maintain the property since acquisition, forcing code enforcement to
intervene on multiple occasions. Shouldn't this be notated on question 15?
• Developer states that he will "reuse" existing landscaping. How will this possible given that he
completely cleared the site?
• Has staff ever recommended approval for a landscaping exemption on a similar project?
• 10(b) with zero lot lines and no landscaping, how is the applicant able to meet the screening
requirement? If there ever was a case to be made for a 30' visual screening buffer - or an invisibility
cloak - this seems to be it.
• Developer cleared 100% of trees from the site, including many oaks. There is one left at the SW corner
in the easement. The proposed dry pond will kill that tree. Have you considered this?
• While considering the sidewalk exemption, are you aware that Pinellas PAL is 2 doors down? There are
hundreds of children that transit this area on a weekly basis. We are in immediate need of a widewalk
on the northern side of the street right now. Yes, the roadway improvement study is underway which
includes sidewalks, but it could be 10 years before that materializes, even longer if you factor the
timetable for stormwater improvements and impending budget shortfalls. Allowing the developer to
build a sidewalk in another area would not satisfy the immediate need of the neighborhood.
• The entitlement referenced on the application for previously approved density is an old site plan with a
post-it note and handwritten comments. Are you able to provide more concrete supporting documents
on this "approved" density?
• Have grass parking spaces ever been permitted for a new development in Pinellas County?
• What is the code reference that allows 100% permanent grass parking spaces?
• The applicant is asking for a parking reduction to 1 space per unit and will not be providing visitor
parking. How does that work? Will the tenants be restricted to one car and not be allowed to have
friends over or celebrate holidays?
• 138-100(g) Where is the tenant relocation plan? There were residents at the prior development.
• Has the HiAP coordinator reviewed this plan and provided feedback?
• Have AHD incentives ever been approved for a trailer park in Pinellas County?
• This developer has demonstrated a lack of due diligence on multiple projects. We have a pattern now.
Will you factor the applicant's ability to execute?
We've made so much progress in Lealman over the last six months. Communication with Clearwater is
improving and real trust is being built. We're seeing the tangible results of that improved focus here every day.
The developer is marketing this as a Pinellas County project, complete with your logo. Please look closely at this
one. We all want the best possible outcome for the community.
--
David Lee
727.644.9200
11/2/2020
Case BAA-2025
Project: "Oasis Acres"
It has been brought to my attention that the Oasis Acres Project is requesting special exemptions
that would not normally be allowed due to building and development code.
It is also my understanding that this type of project is not allowable anywhere in Pinellas County
-only- within the CRA boundaries of Lealman. Which is a big concern as there are
approximately 230 acres of mobile home parks in the CRA which, if approved, could create an
open door for other developers in doing the same.
Zero lot lines- Homes will be sitting right on the property line
Sidewalk exemption - A sidewalk is needed on that site as required. There are many
factors as to why but the biggest is the amount of children that walk that corridor. The
developer should be required to build that sidewalk on that site where we need it.
Parking reduction-to 1 space/unit- This does not allow for enough parking for family,
for example: A married couple each have a car, one is able to park at their home where
does the other one park?
Permanent grass parking spaces- Residents moving into their home deserve more than
a “grass” to park in
If these exemptions are put in place, we are working ourselves back to what was torn down.
Further, we should be working to “better” the community of Lealman and a development
requesting these exemptions right of the bat does not fall within that vision. We should be
moving forward not backward. The Community of Lealman deserves a development to be built
according to code.
Sincerely,
Jennifer Post
Lealman Resident and LCA Board Member
5180 42nd Avenue North
Saint Petersburg FL 33709
11/2/2020
Case BAA-2025
Project: "Oasis Acres"
It has been brought to my attention that the Oasis Acres Project is requesting special exemptions
that would not normally be allowed due to building and development code.
It is also my understanding that this type of project is not allowable anywhere in Pinellas County
-only- within the CRA boundaries of Lealman. Which is a big concern as there are
approximately 230 acres of mobile home parks in the CRA which, if approved, could create an
open door for other developers in doing the same.
Zero lot lines- Homes will be sitting right on the property line
Sidewalk exemption - A sidewalk is needed on that site as required. There are many
factors as to why but the biggest is the amount of children that walk that corridor. The
developer should be required to build that sidewalk on that site where we need it.
Parking reduction-to 1 space/unit- This does not allow for enough parking for family,
for example: A married couple each have a car, one is able to park at their home where
does the other one park?
Permanent grass parking spaces- Residents moving into their home deserve more than
a “grass” to park in
If these exemptions are put in place, we are working ourselves back to what was torn down.
Further, we should be working to “better” the community of Lealman and a development
requesting these exemptions right of the bat does not fall within that vision. We should be
moving forward not backward. The Community of Lealman deserves a development to be built
according to code.
Sincerely,
Laura Simkanich
Lealman Resident and LCA Board Member
5252 48th Terr N.
Saint Petersburg FL 33709
Board of Adjustment & Appeals
Case BAA-2025
Re: Lealman Trailer Park
David Lee
Excerpts from the Developers application
(updated for accuracy)
Comments in red
see next page
Isn’t this the attorney you
call when your project’s on
shaky ground? Interesting
choice for a non-profit.
False statement. Sec. 58-650 PLDC: Impervious area means hard surfaced areas which either
prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the
surface in greater quantities or at an increased rate of flow from that present under natural conditions
prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks,
walkways, patio areas, driveways, parking lots, storage areas, and other surfaces which similarly affect
the natural infiltration or runoff patterns which existed prior to development.
Page 4, Developers narrative for type 2 use
(S)
We need
sidewalks on Pinellas Sheriff's
Police Athletic
THIS property, “Oasis Acres” League Lealman
not “in lieu of” Sports Complex
Children
June 7th, 2018
Board of Adjustment reviews “Greenway Lofts” project. Same developer / same street.
Residents ask for a 30 day continuance to get questions answered. Developer
refuses, says he’s in a rush to start the project. BOA votes to approve.
Should Pinellas County pay $740,000 for this? Auditor concerned about a "windfall''
profit”
October 28th, 2019
“There are ties between a seller of the property and a top county official.”
...“Pinellas Clerk of Court and county auditor Ken Burke has declined to release payment”...
…”Burke wasn’t satisfied with the county’s response. "Conflicts of interest include the
appearance of a conflict of interest”...
...“The nonprofit paid $300,000 for the property. It deeded it to a related for-profit company
that wants to sell it to the county for nearly $740,000 — a 146 percent profit.”...
Mark William Stephenson
SPREAD
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