Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by SB Harbor Market, J.V., for Approval of a Request to Rezone Approximately 35.15 Acres from "PD" - Planned Development District to "PD" - Planned Development District, Generally to Modify the Development Standards, Located on the Southeast Corner of Virginia Parkway and Stonebridge Drive, and Accompanying Ordinance.
Summary
MEETING DATE: November 16, 2010
DEPARTMENT: Development Services
CONTACT: Jennifer Cox, AICP, Director of Planning
Michael Quint, Senior Planner
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed rezoning request with the following special ordinance provisions:
1. The subject property develop in accordance with "PD" - Planned Development District Ordinance No. 2005-02-017, and as amended, with the following exceptions:
a. Tract A, as reflected on the attached Zoning Exhibit, shall be subject to the following regulations:
1. All residential uses allowed by PD Ordinance No. 2005-02-017 shall be permitted in the R-2 District along the subject property's Stonebridge Drive frontage.
b. Tracts C, D, E, and F, as reflected on the attached Zoning Exhibit, shall be subject to the following regulations:
1. Concurrently with the development of the first 50 townhome or condominium/loft residential units in the Town Center District, the developer shall construct, within the Town Center District 40,000 square feet of floor area of commercial uses exclusive of parking. A percentage of the enclosed mechanical and electrical space equal to the percentage of square feet on the first floor to the square feet of the entire building shall be considered in the calculation of the required commercial spaces under this paragraph, but parking uses are not part of the calculated floor area.
2. Construction of residential units in the Town Center District shall not commence until at least 13 dwelling units in the Villa District have been constructed.
c. In Tract E, as reflected on the attached Zoning Exhibit, a Farmers Market shall be a permitted retail use.
d. Two pedestrian bridges shall be permitted to extend over the right-of-way providing a minimum vertical clearance of 17 feet. The first bridge shall be permitted to extend from Tract F (the Harbor parking garage) to Tract D (a future multi-story building) over Mediterranean Drive and the second bridge shall be permitted to extend from Tract E (a future multi-story building) to Tract D (a future multi-story building) over Adriatic Parkway.
e. The following provisions as found in Zoning Ordinance Section 146-132(3) "Fences, Walls, and Screening Requirements" shall not apply to the subject property:
a. Screening devices shall be placed along any property line or district boundary between any single family detached or attached or any two-family zoning or use and any mobile home park, or non-residential use, but not across a dividing street between such uses. An alley shall not be considered a dividing street for purposes of this section. The more intensive use shall have the responsibility for providing and maintaining the screening device.
b. Multiple family residential developments outside of the Regional Employment Center Overlay district shall provide and maintain a six foot tall masonry screening wall along all side and rear property lines.
f. The following provisions as found in Zoning Ordinance Section 146-135(f) "Architectural and Site Standards" shall not apply to the subject property:
(17) Multiple family residential uses shall provide a landscaped buffer of at least twenty feet (20') in width along all property lines planted with one canopy tree (minimum three-inch caliper and seven feet in height at time of planting) for each 30 linear feet or portion thereof of adjacent exposure. The trees along the street frontage may be clustered, while the trees along all other property lines may not.
g. The following provisions as found in Zoning Ordinance Section 146-139(f) "Architectural and Site Standards" shall not apply to the subject property:
6. All parking areas shall be screened from view from public thoroughfares by one or more of the following:
(i) A combination of low masonry walls and earthen berms reaching a minimum of six feet tall;
(ii) Earthen berms reaching a minimum of six feet tall;
(iii) A six foot tall brick masonry, stone masonry, or other architectural masonry finish; or
(iv) A six foot tall primed and painted tubular steel or wrought iron fence with masonry columns spaced 20 feet on center with structural supports placed every 10 linear feet, and with sufficient evergreen landscaping to create a screening effect.
9. All multi-family residential buildings located outside of the Regional Employment Center Overlay District shall be limited to two stories in height.
11. Multi-family residential structures within 150 feet of an adjacent single family residential use or zone shall be situated so that no exterior facing window is oriented towards said adjacent single family residential use or zone.
ITEM SUMMARY:
· The applicant is requesting to rezone approximately 35.15 acres of land, located on the southeast corner of Virginia Parkway and Stonebridge Drive, from "PD" - Planned Development District to "PD" - Planned Development District, generally to modify the development standards. The subject property is a portion of the master planned community named Adriatica, which is intended to replicate the character of a Croatian village.
BACKGROUND INFORMATION:
· See attached Planning and Zoning Commission Staff Report.
SPECIAL CONSIDERATIONS:
· See attached Planning and Zoning Commission Staff Report.
FINANCIAL SUMMARY:
· See attached Planning and Zoning Commission Staff Report.
BOARD OR COMMISSION RECOMMENDATION:
· On November 9, 2010, the Planning and Zoning Commission voted unanimously to recommend approval of the proposed rezoning request with the special ordinance provisions listed in the staff report.
· At the Commission meeting, several issues were raised by both the Commission members as well as citizens. These issues included the rezoning request resulting in the elimination of landscape buffers along Stonebridge Drive, the reduction in the amount of non-residential uses that would be constructed, and an increase in allowed building heights. Staff addressed all of these issues at the Commission meeting and these issues are discussed in more depth below:
o The proposed rezoning request will result in the elimination of landscape buffers along Stonebridge Drive.
§ There was concern that proposed special ordinance provision 1(f) as described above would result in the elimination of a 20' landscape buffer between Stonebridge Drive and any adjacent buildings that are constructed in the future.
§ In fact, this provision of the Zoning Ordinance was adopted by the City Council to ensure that a 20' landscape buffer was provided along all property lines of a multi-family residential development. By eliminating the applicability of the Zoning Ordinance provision detailed in provision 1(f) above, the landscape buffers along the side and rear property lines will no longer be required but a buffer will still be required along Stonebridge Drive.
§ The Zoning Ordinance states: "For non-residential and multiple family parcels, a minimum 20-foot landscape buffer adjacent to the right-of-way of any major thoroughfare is required. If the lot is a corner lot, all frontages shall be required to observe the 20-foot buffer. For the purposes of this section, a major thoroughfare is any proposed or existing thoroughfare with an ultimate right-of-way width of 60 feet or greater." This Zoning Ordinance provision is not being eliminated by the proposed rezoning request.
§ Stonebridge Drive is a 120' right-of-way and as such, any multi-family residential or non-residential building that is constructed on a property fronting this right-of-way will be required to observe this buffer. Staff would interpret this provision to apply to vertical mixed used buildings as well as they typically contain non-residential and multi-family uses.
o The proposed rezoning request will result in the reduction of non-residential uses on the subject property by allowing residential uses in the R-2 district along Stonebridge Drive.
§ The applicant has indicated to Staff through a number of conversations and has stated on the record at public meetings that he would like to build a series of vertical mixed use buildings from Stonebridge Drive to the Harbor. To do so, he needs residential uses to be allowed within the 200' section of the R-2 district located along Stonebridge Drive.
§ If the applicant were not able to construct residential uses in a mixed use building along Stonebridge Drive, one could expect to see a series of retail and office uses ranging in height from 1 to 3 stories which is similar to what is constructed along Virginia Parkway.
§ The very nature of a vertical mixed use building is that the first one or two floors of a building are occupied by non-residential uses while the upper floors contain multi-family residential uses.
§ With that said, the proposed rezoning request should not result in a reduction in the non-residential uses that will be constructed regardless of what product type is constructed, the same amount of non-residential uses should be present; 1 to 3 stories of retail and office uses along the Stonebridge Drive frontage.
o The proposed rezoning request will result in increased allowable building heights.
§ Per PD Ordinance 2005-02-017, buildings within Adriatica's Town Center District may be constructed to a height of 50 feet.
§ Per the "R-2" provisions of PD Ordinance 1621 (commonly referred to as the Stonebridge Ranch PD), the maximum building height within Adriatica's R-2 District is "35 feet, except for office, hotel and/or high-rise multiple family uses which shall not exceed 20 stories up to a maximum of 260 feet, plus a reasonable additional height for penthouses, mechanical rooms, cooling towers, elevator bulkheads, architectural amenities, etc. An enclosed mall may exceed 35 feet with site plan approval. No more than 2 buildings in an R-2 District may exceed 8 stories."
§ The proposed rezoning request does not include any special ordinance provisions that would allow building heights in excess of the aforementioned building heights. Furthermore, as part of the proposed rezoning request, the applicant has not indicated any plans to construct a building whose height is taller than the heights indicated within the applicable planned development ordinances.