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Home My WebLink About2012 07 11 Public Hearing 500 Moss Park Mixed Use Waivers PLANNING & ZONING BOARD AGENDA ITEM 500 Information Public Hearing X Regular July 11, 2012 Special Meeting Mgr. / Dept REQUEST: The Community Development Department-Planning Division requests the Planning& Zoning Board hold a public hearing for the approval of a waiver to Section 20-234(5)of the City Code of Ordinances, which requires multi-family residential that is permitted in the C-1 (Neighborhood Commercial)zoning district via a Conditional Use approval to provide at least two(2)parking spaces for each unit within an enclosed garage. The applicant is requesting a waiver to Section 20-234 (5) of the Code of Ordinances to eliminate the enclosed garage parking requirement for a proposed mixed-use development with approximately 15 apartment units. The subject property is located on the north side of SR 434, east of the intersection of Moss Road and SR 434. The subject property is located on a portion of the former Saratoga Condominium project. SYNOPSIS: Section 20-234 (5) of the Code of Ordinances. This provision of the Code requires multi-family residential that is permitted in the C-1 (Neighborhood Commercial)zoning district via a Conditional Use approval to provide at least two(2)parking spaces for each unit within an enclosed garage. This provision was originally put in place to address townhouse units but did not acknowledge apartment and condominium units. The applicant is requesting a waiver to Section 20-234 (5) of the Code of Ordinances to eliminate the enclosed garage parking requirement for a proposed mixed-use development that is proposed with approximately 15 apartment units. On October 10,2005,the City Commission approved a waiver to Section 20-234(5)for the Saratoga Condominium project, located immediately to the north of the subject parcel. The waiver the City Commission approved permitted one space per unit in a carport and one space per unit within an open surface parking area. Staff acknowledged in the staff report that accompanied the waiver request that there is a substantial difference in the ability of condominium units and townhome units to provide two parking spaces within an enclosed garage. It is the current view of staff that this Code provision is intended to require parking for townhome uses in an enclosed garage,not apartment uses such as those that are proposed with this project. July 11,2012 Planning&Zoning Board,Item 500 Page 2 of 7 The language noted in Section 20-234 (5) does not provide for the division of the term "multiple- family residential" into apartments and townhomes for the purpose of determining parking requirements. Additionally, Section 9-277, Off-street parking requirements for two-family and multiple dwellings requires one(1)parking space per dwelling unit,provided such space to be located back of the building line. The waiver approval granted by the City Commission permitted one space per unit in a carport and one space per unit within an open surface parking area. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Commercial Zoning: C-1 (Neighborhood Commercial) APPLICABLE LAW &, PUBLIC POLICY 1. City of Winter Springs Comprehensive Plan Future Land Use Element—Goals, Objectives, and Policies Objective 1.4:Discourage Urban Sprawl and Encourage Redevelopment. The City will limit the proliferation of urban sprawl and encourage redevelopment and revitalization of blighted areas. Policy 1.4.5: S.R. 434 Overlay. Implement the S.R. 434 overlay corridor design standards to encourage infill development that is appropriate for the character of the neighborhoods adjacent to this corridor. Allow a vertical mix of uses to promote a live-work environment. Policy 1.6.5: On Site Traffic Flow. Require development to provide safe and convenient on site motorized and nonmotorized traffic flow, adequate pedestrian facilities and connections, and sufficient parking for both motorized and nonmotorized vehicles. b. Commercial Future Land Use—Data, Inventory, and Analysis The City is pursuing redevelopment opportunities and encouraging economic growth.As a result of this effort, the City will allow a vertical mix of uses within the S.R. 434 Overlay District to promote a live-work environment. Housing Element—Goals, Objectives, and Policies Policy 1.1.10:Amend the City's land development regulations to include criteria allowing multi- family housing in commercially zoned areas contingent on the developer preserving greenspace either onsite or elsewhere in the City. Objective 1.3: Very-Low, Low and Moderate Income Households. The City shall encourage and attempt to assist the private sector in the provision of safe, clean and affordable housing for special needs populations of the City, including the very low, low and moderate-income households. Policy 1.3.9: Encourage developers to address the need for workforce housing where appropriate, by including workforce housing units in their developments. Additionally, encourage developers of single family detached units,where appropriate, to include residential units with accessory dwelling units (such as garage apartments). (Cross Reference: See Future Land Use Element, Policy 2.2.7) Objective 2.4: Infill. The City shall promote infill development by supporting alternative development standards consistent with the existing zoning standards, where necessary and feasible. July 11,2012 Planning&Zoning Board,Item 500 Page 3 of 7 Policy 2.4.1: Work to identify acceptable locations, priorities, and implementation strategies for potential infill development and redevelopment. Opportunities for residential,commercial,and mixed use shall be identified and categorized. 2. City Code of Ordinances, Chapter 20, Section 20-34 3. City Code of Ordinances, Chapter 20, Section 20-234 (5). Conditional Uses C-1 (Neighborhood Commercial) zoning district. 4. City Code of Ordinances, Chapter 20, Article VI — State Road 434 Corridor Vision Plan. Division 3 - General Design Standards for Redevelopment Area. DISCUSSION: On July 28, 2004, the City Commission adopted Ordinance No. 2004-28, which requires all multi- family development within the C-1 zoning district to provide at least 2 parking spaces per residential unit in an enclosed garage. On October 10,2005,the City Commission approved a waiver to Section 20-234 (5) for the Saratoga Condominium project, located immediately to the north of the subject parcel. The existing multi-family developments in the immediate area do not provide the minimum 2 parking spaces in an enclosed garage per residential unit. Per Section 20-36 (a), the approval period of the Waiver is 2 years unless a building permit based on and incorporating the Waiver has been issued on the affected property. 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. • June 25, 2012—City Commission takes no action on the Conditional Use request. July 11,2012 Planning&Zoning Board,Item 500 Page 4 of 7 FINDINGS The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. • Multi-family uses are permitted in the C-1 (Neighborhood Commercial) zoning district with an approved Conditional Use. The intent of Section 20-234 (5) of the Code of Ordinances is to require parking for townhome uses in an enclosed garage,not apartment uses that may be permitted via a Conditional Use approval in the C-1 zoning district.Existing apartments in the immediate area have been found not to have the minimum 2 parking spaces per residential unit within an enclosed garage. Typical apartment complexes,and mixed use developments such as the type proposed do not provide enclosed parking garages. Additionally, the City Commission granted a waiver to the Saratoga Condominium project, which is now being developed as the Moss Park Apartment complex,to permit one space per unit in a carport and one space per unit within an open surface parking area. Staff finds no conflicts with the comprehensive plan and no conflict with the zoning code if this waiver request was to be granted. Additionally, Section 9-277, Off-street parking requirements for two- family and multiple dwellings requires one(1)parking space per dwelling unit,provided such space is located back of the building line. Policy 1.4.5 of the City's Comprehensive Plan allows a vertical mix of uses to promote a live-work environment in the SR 434 overlay corridor. The subject property is located in the SR 434 Redevelopment Area. 2. The proposed development plan will significantly enhance the real property. • The waiver that is requested will permit the site to be developed as a vertical mixed use development on an infill site that is promoted in the goals, objectives and policies of the Comprehensive Plan, and the SR 434 Redevelopment Area in which this project is located; rather than the approved, partially constructed infrastructure for a strip commercial development which exists on the subject property. Moreover, the surrounding commercial zoned properties are characterized by typical strip development. The vertical integration of residential and commercial represents a significant enhancement to the subject site and to the surrounding area. July 11,2012 Planning&Zoning Board,Item 500 Page 5 of 7 3. The proposed development plan serves the public health, safety, and welfare. • The plan appears to serve the public health,safety,and welfare by providing a quality housing alternative to single family and townhouse units in a vertical mixed use development that promotes a live-work environment in accordance with the goals, objectives, and policies of the Comprehensive Plan. 4. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. • Staff believes that if this waiver is granted, it will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. Successful completion of the mixed-use development on the subject property is anticipated to provide employment opportunities with commercial businesses locating in the proposed development,and will encourage redevelopment of the area which is stated as a goal in the data, inventory, and analysis of the Commercial Future Land Use Designation of the City's Comprehensive Plan.Development of the site,which is currently an abandoned,partially completed development,is anticipated to have a positive impact on surrounding property values. 5. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical,or patently unreasonable result caused by the applicable term or condition under this chapter. • Staff believes the waiver request is the minimum request that will allow the building and site to be developed for this use.As previously mentioned,it is the current view of staff that this Code provision is intended to require enclosed parking for townhome uses,not apartment uses such as those that are proposed with this project. The language noted in Section 20-234 (5) does not provide for the division of the term "multiple-family residential" into apartments and townhomes for the purpose of determining parking requirements. Additionally, apartment development in areas of the City such as the Town Center do not require parking in an enclosed garage. 6. The proposed development plan is compatible with the surrounding neighborhood. • 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. July 11,2012 Planning&Zoning Board,Item 500 Page 6 of 7 FISCAL IMPACT: The approval of a waiver to Section 20-234 (5) of the City's Code of Ordinances for the Moss Park Mixed Use Area is anticipated to create a positive fiscal impact which will allow the development of the mixed-use center with a 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 $1,539.40(less the 4%statutory discount)= $1,477.82 tax revenue 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 0.1 x 2.5600=0.256 $0.256 tax revenue 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 $1,382.40(less the 4%statutory discount)= $1327.10 tax revenue 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 0.1 x 2.5600=0.256 $0.256 tax revenue 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: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. July 11,2012 Planning&Zoning Board,Item 500 Page 7 of 7 RECOMMENDATION: Staff recommends that the Planning & Zoning Board forward a recommendation of approval to the City Commission for the approval of a waiver to Section 20-234(5) to eliminate the requirement of two(2)parking spaces for each unit within an enclosed garage for multi- family residential uses that are permitted in the C-1 (Neighborhood Commercial) zoning district via a Conditional Use approval for the Moss Park Mixed Use Area. ATTACHMENTS: A. Minutes, October 10, 2005 City Commission meeting B. Conceptual Plan—Moss Park Mixed Use Center C. Preliminary Elevation—Moss Park Mixed Use Center Attachment "A" CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING—OCTOBER 10,2005 PAGE 11 OF 33 DEPUTY MAYOR BLAKE SAID, "THE MOTION DOESN'T ACCEPT ITEM `308'? ARE WE GOING TO ACT UPON THAT SEPARATELY?" MAYOR BUSH STATED, "I THINK WHAT HE SAID IN THE MOTION WAS THAT WE INCLUDE MAKING A RESOLUTION ON `308'..." COMMISSIONER GILMORE NOTED, "WHICH WE WANT BROUGHT BACK AS A SEPARATE RESOLUTION TO THE STATE." MANAGER McLEMORE SAID, "TWO (2) SEPARATE THINGS. YOU STILL APPROVE IT AS INFORMATIONAL, AND THEN APPROVE THAT AS A SEPARATE MOTION." VOTE: DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE COMMISSIONER McGINNIS: AYE MOTION CARRIED. Mayor Bush called a Recess. The Regular Meeting was called back to order at 8:12 p.m. Tape 2/Side A PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Requests The City Commission Consider A Waiver Request By Mansour "Max" Sabeti, Of Metropolis Homes, From Subsection 20-234. (5) Of The City's Code Of Ordinances (Code) To Allow Him To Proceed With Plans To Construct Residential Condominium Units On 9.1 Acres Within The C-1 Zoning District (Site Is Behind The Bank Of America, With Frontage On Both SR (State Road) 434 And Moss Road) Without Providing 2 Garaged Automobile Parking Spaces For Each Unit. Mr. Mansour "Max" Sabeti, Metropolis Homes, 128 East Colonial Drive, Orlando, Florida: addressed the City Commission on this Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 10,2005 PAGE 12 OF 33 Regarding parking, Deputy Mayor Blake asked, "Will each of the spaces be assigned - that are covered, so some would have actually their parking would be across the field..." Mr. Sabeti responded, "...That's correct." Discussion. Deputy Mayor Blake then said to Mr. Sabeti, "Nothing we are doing tonight,just so that we are very, very clear, nothing that we are doing tonight addresses any aspect of the commercial portion of the project, to include building location — size, parking, each of those external treatments." Mr. Sabeti responded, "I believe that—why we're here before you at this point - so that we can proceed with our project— has to do with the garages, and the enclosed garages versus carports and so on. However, I think this is — a representation close to as far as the site is concerned; close to what would be coming forward." Additionally, Deputy Mayor Blake remarked, "And any actions that the Commission would take, I am hoping that we are all on the same page, that just because there is a drawing that includes the commercial portion, includes a couple of buildings, in fact - those drawings have even listed square footage on the buildings, and has parking spaces planned out and shows the site plan here, that any action that we take tonight— as far as I am concerned that parcel—that part of the development doesn't yet exist." As to storage space, Mr. Sabeti remarked, "The units that we have, do have a small outside storage area associated with them— each one of the units —they're not obviously all on the first floor, but each unit has got an outside space associated with them; so there is some additional storage outside." Commissioner Miller asked Mr. Sabeti about the slope of the parking area rooflines, and Mr. Sabeti stated, "They have a slight slope, but it is not totally flat." Mr. Sabeti added, "It is a slight slope to get the water down to the gutters and that downspout will take care of the water." Commissioner Miller suggested to Mr. Sabeti, "If you put a slight slope on it, then put the same roof tile on it - as the roof of the building." Mr. Sabeti stated, "Certainly we would consider that Commissioner." Discussion ensued on storage. Mayor Bush opened the "Public Input"portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input"portion of the Agenda Item. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION REGULAR MEETING-OCTOBER 10,2005 PAGE 13 OF 33 Commissioner Miller further inquired about the outside storage space and asked, "What is it, four by six feet (4' x 6')..." Mr. Sabeti noted, "...It is four by six feet (4' x 6') roughly..." Commissioner Miller then said to Mr. Sabeti, "It is going to be covered..." Mr. Sabeti remarked, "...Yes." Commissioner Miller then said, "And there will be one (1) for each tenant?" Mr. Sabeti responded, "That's correct." Discussion. "I MOVE THAT WE ACCEPT ALTERNATIVE NUMBER 2 RECOMMENDED BY THE STAFF WHICH GRANTS A WAIVER, ONE (1) SPACE PER UNIT; AND A CARPORT OF ONE (1) SPACE PER UNIT WITH AN OPEN SURFACE PARKING AREA." MOTION BY COMMISSIONER McGINNIS. MAYOR BUSH STATED, "SECONDED BY COMMISSIONER GILMORE." DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: NAY DEPUTY MAYOR BLAKE: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Commissioner Gilmore asked, "May we have a copy of your slide presentation to see how the finished product compares." Mr. Sabeti stated, "I will just leave it here." PUBLIC HEARINGS 401. Office Of The City Manager Requesting The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance Number 2005-30 Amending The City's Code Of Ordinances, Chapter 9, Article VIII,Impact Fees. Manager McLemore suggested this Agenda Item be postponed. 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