PDD-23-7716
Published agendaHeard once, at the Board of County Commissioners on Aug 22, 2023.
Official title
Zoning Amendment (Consent) – Columns at Bear Creek MPUD Master Planned Unit Development Substantial Modification – 52 Associates, LLC and 52 Associates Phase Two LLC,– A Substantial Modification to the Columns at Bear Creek MPUD to Allow an Additional 168 Multi-Family Units
Every appearance1 of 1 are in a recording
TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 65% of 187 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
- 125mJack MarianoChair
That'll bring us to P seventy of the zoning amendment for columns of Bear Creek. Do we have proof?
Kathryn StarkeyWe do have approved Tampa Bay Times, June seventh, twenty twenty three.
Jack MarianoChairOkay.
Oh seventy seventy, sorry.
Jay BartelsGronk or seventy.
Orlando BorrazGood afternoon. This is Orlando Borraz. Um, with current planning. I'll be presenting P70, um, columns of very quick MPUD substantial modification.
So the proposal is going to implement um the current MPUD um to allow one hundred and sixty eight multifamily units and it's located right now um well it's located sorry south of South say road fifty two and it's of um Little Road. This is going to be the site location of this MPUD. It's going to be the location map. This is going to be the context map. The green zoning district surrounding the area. The official
line used run in the area. And this is going to be the LDC variation requested by the applicant. Currently the applicant is requesting to deviate from 901.6.D.11, strict design and dedication requirements. I'm going to show you real quick the master plan.
As you can see here
Excuse me, can you zoom in a little bit more the slide?
Jay BartelsNot.
Orlando BorrazSo the applicant is requesting this deviation to not interconnect to the north side of the MPUD, um all the way to state road fifty two. Currently it's really um hard for the applicant right now to interconnect to the partial to the north. It's right now a self search unit, so there is some space constraint for the applicant to interconnect there. And um staff is I mean able to grant relief of these requests.
The recommendation of this um substantial modification comes with approval with conditions from PDD and Planning Commission.
Jack MarianoChairAll right, so if you would go back to the previous slide. Sure.
Do you have a map to where the l location of the apartments are going on the in the s new property and to where they are going, the with the town homes?
Orlando BorrazSo the Hopefully you can see it here. Um it's going to be at the south side of the uh current MP, right over here.
Jack MarianoChairAnd that's what the townhomes are gonna be. I mean we had a layout on the on the map in my in my office with these folks. Do we have that map? Sorry. We had a m um layout With the applicant. But I don't see it here.
Orlando BorrazWell, it's at that point it's going to be just conceptual, but they are going to be locating the one hundred and sixty eight um units right over here. Uh of course, as was mentioned before, um they are going to at least have the option for the townhomes.
Jack MarianoChairOkay. We'll wait for the output.
Seth WeightmanYeah, so so uh Chairman Mariano. Is there a Google map you can pull up there? All the way up to State Route fifty two. I thought I saw something all the way up to the the circle K that's on the corner.
Able to do that.
Jack MarianoChairWhen you've got a map in the agenda, should be able to pull that up.
Seth WeightmanSo my point my point to this is when you cross Moon Lake Road See what silk fence is? Right there on the south side.
It's a car wash. And then a little bit further west it's a storage facility. So we're gonna have this goes to a bigger point discussion on this thing.
Jack MarianoChairOkay.
Seth WeightmanCar wash, storage facility, and a little to the south more multifamily. You see the the the the the pattern there. Uh I guess I'm questioning the thoughtfulness of how we're designing and approving
With this with this This project And the same with any multifamily I've I'm a huge proponent of home ownership, so I want to understand this town home piece. versus rental. So far I'm we're getting mixed signal it's All rental. Or all fee simple town home product. That's a huge difference between rental and home ownership in my mind. So I'm hoping to get some clarity here on what what this is what this is gonna be. So You
know, it could be all rental car wash storage facility. I mean Exciting stuff. Yeah if we're not careful with what we're doing here.
Orlando BorrazSo I was as it was mentioned before in condition um thirty two, um and I'm going to cite it for the record, multifamily residential units are to include apartments or platted townhomes. No other multifamily product types are to be permitted within this MPUD. So if the applicant decides to um to build the townhomes are going to be abiding by the new standards that has been um very well discussed um lately for townhomes.
New
wordsmith
Unidentified speakerVoice Athat well. So I think the I think what I'm to restate the concern. It didn't sound like you have a concern with the Plata Town Home. Your concern is with the multifamily apartment.
Seth WeightmanWell there's they have a choice there. And if if if we're approving something and they're asking our opinion, I prefer to see home ownership. I prefer the C platted. individually owned, town owned product, the more rental.
Orlando BorrazIn terms of the uh how this is going to be work, I will defer that question then to the applicant, they can speak more about um how this is going to be working in the future.
Jack MarianoChairOkay. So from the applicant.
Orlando BorrazThank you, Chairman Mariano.
Jack MarianoChairYes sir. Thank you.
Unidentified speakerVoice BGood afternoon again. Shall we fund to a Stantec Consulting Services? Um so if you wouldn't mind recap exactly your question so we can best address that for you.
Jack MarianoChairThe the askers to keep the same number of apartments and now you're asking for townhomes. And from what we're told by staff they wouldn't have the option to flip back to apartments on the townhome product and we're not comfortable with that. And that that goes completely against the conversation I think we had. Mm-hmm.
Unidentified speakerVoice BSo part of that we were initially then the original conditions of approval then it had a maximum of 270 units, and the 222 have already been developed. Those remaining 48 units are currently as 48 single-family townhomes, or I believe they could also be single-family residents. So part of that conversation is where we introduced, well these can be town homes, and we're just looking for that flexibility there. If there's not the market at the time for townhomes, then
it would also be suitable for multifamily apartments. Yes, sir. Uh
Jack MarianoChairCommissioner Weightman.
Seth WeightmanThank you, Chairman Okay, coming back to me now seeing this map. So when we first when this was continued
We were all set for having about acre size residential units, right? Single family homes. And we compromised with somebody I'm going off memory here, so s somebody correct me if I'm wrong. We compromised of having With the project that's going in some multifamily and some and some town hall product and we went back Think went back to Commissioner Mariano, y'all talked with him. I'm going off memory Yeah. Uh And what you're coming back with is not a This
board seemingly made a concession by doing you know, changing from true single family home product to what you're seeing here. Uh Yeah. It's eroded away the value of your product with what I'm hearing today. with the project and its design so Um
Unidentified speakerVoice BFor clarification, when this item was heard before the board the first time, that was for the comprehensive plan amendment where we were just discussing the comprehensive plan amendment. Part of that conversation was we were going to circle back with Chairman Mariano to review what the site plan would look like and what those units, how we transition that into an actual plan. So at that moment we had no conception of whether those would be um townhomes or apartments for
Jack MarianoChairclarification. Let me let me help you clarify the meeting that I had with you guys. And it was very clear that I didn't want to see the extra apartments to the back part of the property. your own gentleman's scheduled where we could actually draw rent apartments to the front part and the back part was gonna be town homes. So that's completely different from what I expected to see.
Seth WeightmanOh Chair. May I
Jack MarianoChairUm the other the other ladies in the meeting she's coming forward, so she may say something different.
Barbara WilhiteSorry about that.
Unidentified speakerVoice BSo to this rear, then this is currently this is what we had discussed initially was the location of townhomes. We have worked out with staff that those would be the same standards that have been adopt adopted for townhomes, the additional architectural standards and features that we have discussed. At the time then you were also asking to have them platted the something that we went back with our client and had additional conversation on and he had requested for that additional flexibility.
Jack MarianoChairOkay, so we are clearly saying we don't want to give the flexibility.
Unidentified speakerVoice BAnd again, we have also discussed with our client today if if we absolutely need to, then we can just agree to just do this the townhomes as platted units, um and we'll be perfectly okay with that.
Unidentified speakerVoice AYeah. Well declared there's already a condition requiring your townhomes to be platted.
Unidentified speakerVoice BCorrect.
Unidentified speakerVoice AAre you saying you're giving up do you want to give up the apartment, the right to do a part
Unidentified speakerVoice Bof
the Mr.
Yes sir, so we would just be limiting that instead of having phase two B to have the flexibility between multifamily apartments and the platted townhomes, we would be agreeable to just limiting that to the platted townhomes.
Unidentified speakerVoice ABut you still want apartments in two A?
Unidentified speakerVoice BCorrect, yes. Those would still be the um the one hundred and twenty uh multifamily apartments.
Seth WeightmanSo two two B, so you're saying two B.
Kathryn StarkeyThat's not on our map. Where's two B?
Seth WeightmanAnd you and you're agreeing that you'll make those
Is that what you're committing to?
Jack MarianoChairUh gentleman back's putting a thumbs up to that. So some we can't condition that they can
Unidentified speakerVoice Asomebody to come make a decision. You could condition that phase two B li be limited to plotted townhomes. I don't think the current conditions require that. Right now the current conditions only say if they build townhomes they have to be platted. It does not limit them to It doesn't locationally limit them. But you could impose a condition that phase two B. Only be part of town homes.
Jack MarianoChairKennedy beef. Condition to be fee simple Platotown homes.
Unidentified speakerVoice AIf they're platted, they're effectively You're insured that they're gonna be a little bit more than a little bit. Home ownership, but you can't. You can't stop somebody from renting their home. I want to be clear. Okay. You can require them to be platted.
Mike CarballaYeah.
Unidentified speakerVoice ASo they can be sold off as individual units. But you if somebody wants to rent their unit y they can't. So Yeah. Requirement it to require them to be plotted is what you can legally do, which is that there's already that condition in there.
Jack MarianoChairOkay.
Unidentified speakerVoice AWhat is not in there is any requirement that Two B phase two B only be town homes. It sounds like they're willing to agree to that.
Jack MarianoChairOkay.
Unidentified speakerVoice AThat would allow two A to be either apartments or townhomes.
Jack MarianoChairOkay, so to add that condition in, uh I'd like to hear from the applicant just to confirm that they're willing to do that.
Unidentified speakerVoice CIf I could help here, Diane Chadwick was Stantec. Um I would point out uh in our meeting with the Chairman we did discuss moving the the multifamily buildings a little to the east to get them away from the large lots, which I think you can see that happened.
Jack MarianoChairYou did a great job there, thank you.
Unidentified speakerVoice CI think as a point of clarification we're talking That we're asking for a hundred and twenty multifamily units. And forty eight town homes. The other alternative is just plain and simple 120 multifamily units. Not asking to convert. And I understand what David's saying that maybe it's not as clear in the conditions of approval that it should be, but we're not asking to convert. We're willing to agree to not convert the 48 townhomes to multifamily. Does
that help?
I thought he did.
Unidentified speakerVoice AOkay. Well I I guess the question is are you willing to agree that The plan at the but using the plan we're looking at, phase two B That that only be town homes.
Unidentified speakerVoice CWe would
Unidentified speakerVoice Aagree to that, yes. Okay. Platted
Unidentified speakerVoice Cor over.
Unidentified speakerVoice APlatted townhomes. Well the townhomes have to be platted anyway. Okay. Okay.
Unidentified speakerVoice CPlatted downhomes, yes.
Unidentified speakerVoice AIn two A you want To be either apartments or townhomes, is that accurate? No, just apartments.
Okay, so so two A would be apartments, two B would be plated townhomes. That's what you're offering. Yes. Okay. At least class A.
Jack MarianoChairI I have a couple questions. Commissioner Starkey. Um do you have an amenity package here?
Unidentified speakerVoice CThere's an existing Apartment complex area of 222 units and that does have a recreation facility. Uh we haven't designed one in yet, but I would anticipate that there would be an additional recreational amenity on the southern side.
Kathryn StarkeyDoes this not trigger more requirements for park space? Yeah.
Unidentified speakerVoice AYeah, they will have to comply with our neighborhood parks ordinance.
Kathryn StarkeyOkay, and um will the town homes be Following our new uh rules for the length of driveway and landscaping and all those things?
Unidentified speakerVoice AYes, they've they've committed to all of the new rules as applicable to townhomes. Okay.
Unidentified speakerVoice CThat's that's in the conditions of approval.
Unidentified speakerVoice AOkay,
Unidentified speakerVoice Call good.
Unidentified speakerVoice AAnd the fact that they would be pull out.
Unidentified speakerVoice CYes.
Unidentified speakerVoice AYeah.
Jack MarianoChairAny any questions for the applicant? Okay. Nope, bad. Um Commissioner Starkey.
Kathryn StarkeyI'm trying to remember what your emergency access was or your secondary access was.
Unidentified speakerVoice BSo in discretion with staff then I mean
So this is the only possible access for the property is through fifty two. Um so this does have a full loop that goes around and they did say that that would that would satisfy that need for uh dual access.
And the fire marshal has approved that as well.
Kathryn StarkeyThere's no ability to connect to anything around you?
Unidentified speakerVoice BSo above then it is Bayonet Point. It is we pretty much they're right up at their property lines. There's no opportunity to extend there. There are significant wetlands to the south and to the east. And same with the below adjacent to like the Res One, there are significant strength constraints with the wetland locations.
Jack MarianoChairSo rural back there.
Kathryn StarkeyYeah, just surprising that many units and one in and
Jack MarianoChairAnd retail in the fronts now a storage area, which they tried to get and just didn't quite work out. Maybe it does change later.
Kathryn StarkeyOkay.
Jack MarianoChairVery good. Okay. Thank you.
Anyone here for public comment?
Kathryn StarkeyIs seventy. Uh
Jack MarianoChairon P seventy.
Kathryn StarkeyNo, Miss Elmore was the only one signed up.
Jack MarianoChairOkay, so
Take us back to the land use before?
Unidentified speakerVoice AYou've not approved the future land use amendment yet.
Jack MarianoChairThat was P fifty eight, correct? Let
Unidentified speakerVoice Ame say that.
Kathryn StarkeyWe deferred fifty nine, is that what you're asking?
Jack MarianoChairOkay, sorry.
All right, so let's go back to the land use amendment. Uh well no no public comment on P seventy. No one on WebEx? There is no one on the WebEx.
Kathryn StarkeyP fifty nine.
Jack MarianoChairHow's the land use? So we've heard the discussion, same amendment. Um now we've got the clarification as far as what's gonna go.
Unidentified speakerVoice ATo be clear though, if you're gonna add an additional condition, it should be to the zoning, not the land use.
Jack MarianoChairRight, so I just needed approval or a motion for P fifty nine.
Kathryn StarkeyUm I do not remember if we app did the advertisements, I'm just gonna state
Jack MarianoChairit for the record.
Kathryn StarkeyTampa Bay Times, August thirteenth, twenty twenty-three.
Jack MarianoChairOkay. I think we had because we had discussion on it. All right, so we approve for P fifty nine. Do we have a motion?
No motion.
Seth WeightmanDo uh how would the motion need to be said?
Jack MarianoChairThis is just the land use part. Oh. The r the l the zoning we can address the concerns about the planet.
Seth WeightmanSecond.
Kathryn StarkeyOkay. Okay, District One, Commissioner Oakley. Aye. District two, Commissioner Weightman. District three, Commissioner Starkey. A reluctant eye with only one entrance. District four, Commissioner Bradford.
Jack MarianoChairI
Kathryn StarkeyDistrict Five Chairman Mariano.
Jack MarianoChairOkay, now P seventy. Mr. County Attorney, you want to help with the motion maker?
Unidentified speakerVoice AWell I was gonna suggest that you approve it with the condition that phase two B be limited to platted town homes, but I'm not seeing I guess I need staff's help. I don't see phase two be geographically depicted on the MPD plan. I only see it depicted on the concept plan and So Can staff of the applicant help me out as to what Where to be is Is it on the M PUD plan? Or just on the concept plan.
HenryMm-hmm.
Orlando BorrazExcuse me, Davy, can you repeat again your question?
Unidentified speakerVoice ASo I think the board is inclined to add a condition that phase two B Be limited to plotted townhomes. But I'm not seeing where that is geographically Detected phase two B. On the I just see a phase two on the master plan. I don't see a phase two B. Unless I'm missing it.
Barbara WilhiteThat's what you know. Yes.
Orlando BorrazSo
Mike CarballaWell it's in the round.
Ron OakleyVice ChairOkay, we don't bother by that. Yeah. D David, are you are you asking if the exhibit in the ordinance is illustrating par the two B partial?
Unidentified speakerVoice AYeah. My my question is, because I'm saying this for the benefit of current planning, if we impose a condition saying that phase two B is limited to plotted townhomes. I'm not sure what anybody would look at to figure out where that is. Because I when I look at the M P plan it just has a phase
A phase two it just says phase two. Well it doesn't it doesn't say anything about a two B.
Okay.
So I you should you want us to refer to the concept the conceptual non binding yield plan? Because that it's the only thing I have. Yeah. So it's gonna make it a binding plan,
Ron OakleyVice Chairbasically. At that point, yes.
Unidentified speakerVoice AOkay. Okay.
Ron OakleyVice ChairWhat what what
Seth WeightmanThat's going to be the master fine otherwork. This whole thing's watched.
Unidentified speakerVoice CWe've heard right now.
Ron OakleyVice ChairHe he wants it wrapped up so he doesn't see. Oh,
Orlando Borrazthe clicker is like,
Ron OakleyVice Chairyeah. Yeah.
Unidentified speakerVoice CYeah.
Ron OakleyVice ChairThat right there.
Unidentified speakerVoice CThis this site plan is the master M P plan and it does show phase two A and two
Unidentified speakerVoice AB. Okay. For some reason I don't see that in our Materials unless I'm missing it. I mean
It's this this is.
She's uh
I found it. Okay. All right. It is designated. Okay. So the condition of approval would be that MPUD phase two B Be limited to platter townhomes. And you're gonna have to go through and modify some of the corresponding text. To also make that clear the phase two B is limited to platted town homes. That would if that's your intent.
Unidentified speakerVoice CAnd I can say on behalf of the African Afric Africans, that's for a fund.
Jack MarianoChairAnd your name for the record, please.
Unidentified speakerVoice CDiane Chadwick, Stantec.
Jack MarianoChairThank you.
Okay, do we have a motion? It's to the board.
Seth WeightmanI beat it up enough uh so I'll make a I'll make a motion. I I'm just confused here with With our staff. I hear concerns from Commissioner Starkey, obvious concerns from Chairman Mariano. I picked them on some concerns. There's obviously some sort of level of
disconnect on this one somewhere? I mean this is the most discussion we've had on A project like this. So Uh what I don't know.
Do a little bit better job on it going forward on projects like this. But I'll make a motion to go Forward but not overly excited about it.
Unidentified speakerVoice AAlso statement, but um So that's with the condition that P T B be limited to Plata Town.
Seth WeightmanWith the condition. Motion includes a condition of the county attorney's response.
Ron OakleyVice ChairAnd I'll second that with a statement of Other projects we've seen have been designated four townhomes and then residents from other places. Not necessarily Um Multifamily but residential relations, then they had townhomes along with the project. But they were described and and where they were going to be located and that type thing before. This one doesn't seem to have that.
Jack MarianoChairAnd it didn't and I like I say when I had pulled it, and I appreciate the board letting me get a continue to this matter just to address it. Uh they did a great job sitting down, drawing the dark hands how it could work. so that the phase two B is the town's much less a problem for the people that live in the back there that didn't c weren't here to complain, but at least it I think it shows the r the right design. Yeah. So I agree. All right. Call the roll.
Kathryn StarkeyOkay, District One, Commissioner Oakley.
Jack MarianoChairAye.
Kathryn StarkeyDistrict two, Commissioner Weightman. District three, Commissioner Starkey. Aye. District four, Commissioner Bradford.
Jack MarianoChairAye.
Kathryn StarkeyDistrict 5 Chairman Mariano.
Jack MarianoChairAye. Okay. Thank you. Uh item P seventy three, do we have proof?
Kathryn StarkeySorry, let me get to that page. Uh Tampa Bay Times, June twenty-fifth and July second, twenty twenty three.