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Home My WebLink About2012 06 25 Public Hearings 500 Moss Park Conditional Use COMMISSION AGENDA Informational Consent ITEM500 Public Hearings X Regular June 25, 2012KSRS Regular MeetingCity ManagerDepartment REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the approval of a Conditional Use for the Moss Park Apartments mixed-use area, located on the north side of SR 434, east of the intersection of Moss Road and SR 434 to allow multi-family residential in the C-1 (Neighborhood Commercial) zoning district. The subject property is a portion of the former Saratoga Condominium project. SYNOPSIS: This item was continued from the May 29, 2012 City Commission meeting to the June 11, 2012 City Commission meeting. At the June 11, 2012 City Commission meeting, staff requested a postponement of this item to the June 25, 2012 City Commission meeting in order to give staff and the applicant additional time to design the site with the proper amount of on-site parking to accommodate both the apartments and commercial uses that are proposed for this project. Staff has met with the applicant to resolve these concerns and has incorporated them into the Conditional Use request. The applicant is requesting approval of a Conditional Use to permit multi-family (apartment) units in the C-1 (Neighborhood Commercial) zoning district. Per Section 20- 234 (5) of the Code of Ordinances, multi-family uses are permitted in the C-1 (Neighborhood Commercial) zoning district by Conditional Use only. The subject property is a 1.25 acre portion of the former Saratoga Condominium project, which is now being re- developed into the Moss Park Apartment complex. This portion of the site is proposed as a mixed-use development, with a combination of retail uses and multi-family units, vertically integrated with two stories of apartments (15 units) over a ground floor of commercial storefronts. Public Hearings 500 PAGE 1 OF 7 - June 25, 2012 CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Commercial Zoning: C-1 (Neighborhood Commercial) APPLICABLE LAW &, PUBLIC POLICY City of Winter Springs Comprehensive Plan City Code of Ordinances, Chapter 20, Section 20-33. Conditional Uses City Code of Ordinances, Chapter 20, Section 20-36. Expiration of Conditional Use, Variance, and Waiver approvals. City Code of Ordinances, Chapter 20, Section 20-234 (5). Conditional Uses C-1 (Neighborhood Commercial) zoning district DISCUSSION: On April 24, 2006, the City Commission approved a Final Engineering Plan for Saratoga Condominiums that was proposed for construction on a portion of the subject property. Subsequently site construction commenced, with the site ultimately becoming abandoned as a result of market conditions. The Saratoga project is now being redeveloped into an apartment complex that is located adjacent to the north of the subject property. The 1.25 acre frontage along SR 434 was not included in the re-developed portion of the site. As a result, the applicant has proposed a mixed-use center that combines retail and multi- family residential on the subject property. Per Section 20-234(5), multi-family uses are permitted in the C-1 (Neighborhood Commercial) zoning district by Conditional Use only. : CHRONOLOGY April 12, 2004 - Conditional Use permit approved to allow multi-family residential  within the C-1 zoning district. September 20, 2004 - Conditional Use Permit 6-month extension granted by the City  Commission. March 20, 2006 - Request for a 6-month extension to the approved Conditional Use  permit filed by the Applicant. April 24, 2006 – Final Engineering Plan approved for Saratoga Condominiums.  May 2006 – Site construction commenced.  2007 – 2012 – Site abandoned.  April 2012 – Application submitted for Conditional Use to permit multi-family  residential in the C-1 zoning district. May 2, 2012 – Planning & Zoning Board unanimously recommended approval of the  proposed Conditional Use. May 29, 2012 – City Commission voted to continue this item to the June 11, 2012  meeting to allow staff and the applicant to demonstrate concerns related to on-site parking have been resolved. June 11, 2012 – City Commission voted to continue this item to the June 25, 2012  meeting to allow staff and the applicant to demonstrate concerns related to on-site parking have been resolved. Public Hearings 500 PAGE 2 OF 7 - June 25, 2012 FINDINGS: Pursuant to Section 20-33(d) of the City Code, “all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: (1) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity.” The scale of the development is expected to be similar in scale with the approved multi- family use to the north of the subject property. This use will allow a modest number of multi-family units, which will have a minimal impact on existing traffic patterns. As a result of the site improvements already being in place, the addition of multi-family units on the subject property is not anticipated to create adverse offsite impacts. Staff opinion is that the vertical integration of residential and commercial uses represents a positive addition to the area that could (currently) be developed as another strip shopping center. (2) “Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use.” The subject property had a previously approved site plan, and site improvements were completed. This provided access, circulation, and design elements that are adequate for the proposed use. In addition, the owner has indicated they are receptive to a joint parking agreement with the property to the north, which will provide residents of this development access to Moss Road. As a result of Staff working with the applicant between City Commission meetings, a total of sixty-three (63) parking spaces will be provided on-site. This amount of on-site parking exceeds Code requirements. If necessary, two of these spaces could be removed to allow cross-access to the property to the east in the future. (Cross-access between neighboring parcels is a requirement, where feasible, of the State Road 434 Redevelopment Area, in which this property is located). For general business and retail commercial uses, Section 9-277 of the City’s Code of Ordinances requires one (1) parking space for each three hundred (300) square feet of floor space in the building exclusive of storage space. For 6,000 square feet of commercial space this would equate to eighteen (18) parking spaces that are required per the City’s Code. Since the May 29, 2012 City Commission meeting, Staff and the applicant have worked to provide a total of thirty-three (33) parking spaces, or a ratio of five and one- half (5.5) parking spaces per 1,000 square feet of floor area for the commercial component of this project. Public Hearings 500 PAGE 3 OF 7 - June 25, 2012 This equates to fifteen (15) more parking spaces than what is required per the City’s Code for general business and retail commercial uses. For the multi-family residential use, a total of thirty (30) parking spaces will be provided on-site. This is the amount of on-site parking that is required in accordance with Section 20-234 of the City’s Code of Ordinances. Per Section 20-234 (5) of the City’s Code of Ordinances, multi-family residential uses that will be developed in a C- 1 (Neighborhood Commercial) zoning district with a Conditional Use approval are required to provide at least two (2) parking spaces for each unit within an enclosed garage. The applicant will be applying for a waiver to the enclosed garage requirement since the intent of this provision of the Code is to provide enclosed parking for townhome uses, not apartment uses. This waiver request will be presented to the Planning & Zoning Board at the July 11, 2012 special meeting, and to the City Commission at the July 23, 2012 meeting for final approval. Staff will recommend support of this waiver request since this provision of the Code is intended to require enclosed parking for townhome uses, not apartment uses that are proposed as one component of a mixed-use building. This project is in the City’s State Road 434 Redevelopment Overlay Area. In the Redevelopment Area, developments are subject to guidelines that may be specific to this portion of the City. One such guideline is noted in Section 20-483 (d) of the City’s Code of Ordinances. This provision allows a development to provide up to twenty-five (25) percent of the parking spaces at nine (9) feet by twenty (20) feet to accommodate compact cars. As previously mentioned, a total of sixty-three (63) on-site parking spaces will be provided. A total of fifteen (15) compact parking spaces will be provided on-site, or twenty-four (24%) percent of the total parking spaces. The applicant has mentioned to staff that one of the potential uses in a portion of the commercial space is a daycare center. A daycare center is a permitted use in the C-1 (Neighborhood Commercial) zoning district. The City does not have a Code required parking ratio for daycare centers. Previously approved daycare centers such as Ladybird Academy and Park Manor Academy have provided parking amounts that were based on ratios from neighboring jurisdictions. Ladybird Academy provided two (2) parking spaces per 1,000 square feet of floor area plus adequate space for the loading and unloading of children. Park Manor Academy provided one (1) parking space per employee plus adequate space for the loading and unloading of children. If a daycare center is proposed within a portion of the commercial part of the building, staff will be looking for similar parking ratios and will work with the applicant to ensure adequate space for the loading and unloading of children will be provided when the daycare center is under review. In the event a daycare center is provided as a use, a portion of the on-site parking that is proposed on the east side of the building will be required to be removed per Florida law in order to provide adequate open space for children. Florida law requires a minimum of a four (4) foot high fence around the play area. The play area is required to be a minimum of forty-five (45) square feet in area per child, excluding children who are under one (1) year of age. Compact parking spaces measure one hundred eighty (180) square feet in area, regular parking spaces measures two hundred (200) square feet in area. The play area shall be provided for one-half (1/2) the licensed indoor capacity. Public Hearings 500 PAGE 4 OF 7 - June 25, 2012 Even with the removal of several parking spaces on the east side of the property for the play area, staff is of the opinion that there will be a sufficient amount of on-site parking available for commercial uses and the apartments in the event a daycare center is a use in this mixed-use center. (3) “Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values.” Approval of this Conditional Use will allow the property to be developed in a manner which is desirable, versus a strip commercial center. The proposed development will add to the taxable value of the City more substantially that a one story strip center. Successful completion of the mixed-use development on the subject property is anticipated to provide employment opportunities for the area. Development of the site, which is currently an abandoned, partially completed development, is anticipated to have a positive impact on surrounding property values. (4) “Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards.” Staff believes that the proposed conditional use will not have an adverse impact on the natural environment as the immediate vicinity is approaching build-out and is not in a “natural” state. (5) “Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources.” No known cultural or historic resources are known to be on this site. The site will be developed in accordance with the State Road 434 Redevelopment Area guidelines. (6) “Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities.” Adequate facilities are in place to support the proposed use, in conjunction with the approved site plan. (7) “Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality.” Construction of a mixed-use commercial/residential development on the subject property will provide additional housing opportunities for the community. Quality development of the abandoned site will enhance the property values of the surrounding neighborhood. Public Hearings 500 PAGE 5 OF 7 - June 25, 2012 FISCAL IMPACT: The approval of a Conditional Use for Moss Park Apartments is anticipated to create a positive fiscal impact which will allow the development of the mixed-use center with the multi-family residential component. Development of the mixed-use center is anticipated to create jobs and add taxable value to the City. Apartments (15 units) Income approach: $601,330 assessed tax value $601,330/1000 = 601.33 601.33(2.5600) = $1,539.40 $1,477.82 tax revenue $1,539.40 (less the 4% statutory discount) = Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000 = 0.1 $0.256 tax revenue 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: $1,478.08 (1477.82 + 0.256 = 1478.08) Retail (6,000 square feet) Units (6,000 square feet) assessed at $90/square foot: $540,000.00 assessed tax value (6,000 x 90 = 540,000) $540,000/1000 = 540.00 540(2.5600) = $1382.40 $1327.10 tax revenue $1,382.40 (less the 4% statutory discount) = Taxes paid on vacant land now (data obtained from Seminole County Property Appraiser) $100 assessed value for entire parcel $100 assessed tax value 100/1000 = 0.1 $0.256 tax revenue 0.1 x 2.5600 = 0.256 Total Potential Tax Revenue: $1,327.36 (1327.10 + 0.256 = 1327.36) Total taxable value for entire site: $2,805.44 total (1478.08 + 1327.36 = 2805.44) COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional Public Hearings 500 PAGE 6 OF 7 - June 25, 2012 copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. A yellow sign noting the date and time of the public hearing has been erected on the property. RECOMMENDATION: Staff recommends the City Commission approve the conditional use application to permit multi-family residential use on the subject C-1 property pursuant to section 20-234 (5) of the City Code, subject to the following binding conditions: 1.The multi-family use shall be incorporated into a mixed use project as follows: A.There shall be a minimum of eight (8) and a maximum of fifteen (15) dwelling units. B.There shall be a minimum of 6000 square feet of commercial retail space located on the ground floor. 2.There shall be minimum on-site parking equivalent to two (2) spaces per dwelling unit, and five (5) spaces per 1000 square feet of commercial space. 3.The conditional use shall be subject to expiration pursuant to section 20-36 of the City Code which states that Conditional Use approvals “shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the city within said time period.” ATTACHMENTS: A. Original Conceptual Plan B. Revised Conceptual Plan/parking summary Preliminary Elevation C. D. Income approach worksheet E. Minutes, May 2, 2012 Planning & Zoning Board meeting Public Hearings 500 PAGE 7 OF 7 - June 25, 2012