Zoning Amendment (Regular) – Arlington-Dale Mabry MPUD Master Planned Unit Development – 1170 Dale Mabry, LLC – A Rezoning Request from an MPUD Master Planned Development District to an MPUD Master Planned Unit Development District to Allow for a Maximum of 238 Multi-family Residential in Addition to the Approved/Existing Commercial/Retail and to Change the Name of the MPUD From Dale Mabry Town Center MPUD on 37.9 Acres
What the county recorded
Staff recommendation
Approval with Conditions
DispositionApproved
Approved Staff’s recommendation.
The source document
The county’s agenda for Board of County Commissioners, Aug 9, 2022
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Aug 9, 2022
The published PDF, as served by the county. This item is one entry in it.
This case, across meetings
PDD-22-7569 in full →PDD-22-7569 was taken up 2 times between Dec 7, 2021 and Aug 9, 2022, continued 1 time — this is appearance 2.
- Dec 7, 2021BoardP122▶Continued
- Aug 9, 2022BoardP92▶Approvedthis item
What was said
Machine transcription of 11m of recording, with speaker names inferred from voice matching. 31% of 32 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
P ninety two is published in the Daily Times on july twentieth, twenty twenty two.
Good afternoon everybody. Tammy Sider Playing in Development. Here we have the Arlington Del Mabrie and PUD, PD D twenty two seventy-five sixty-nine. Here's your location map.
Yeah.
And proposed as a rezoning request from an MPUD to an MPUD to allow the development of a maximum of 238 multifamily residential units. And to also change the name from Dale Mabrie Town Center MPUD to the Arlington Dale Mabrie MPUD. The applicant is also requesting a variation from the Land Development Code, Section 805.6, restrictions on wetlands and the upland buffers. The requirement is for a mandatory HOA C D and the variation request is for the multifamily
portion only, which will be under single ownership. And here is the master plan. The colored part is the uh multifamily area. And here's the complete master plan with the uh commercial retail also showed.
Conceptual. Currently the subject parcels are known as the Del Mabry Town Center M PUD and they contain a department store and a bank totaling approximately one hundred eighty two thousand seven hundred forty five thousand square feet Of allocated used commercial retail entitlements. The Planning Commission heard the item at the October 28, 2021 public hearing and unanimously voted to recommend approval. The BCC heard the item at the December 7th, 2021 hearing and voted to continue to a date uncertain to be able to have more discussions
regarding this project. Generally, vertical mixed use is preferred. However, given the amount of retail and office entitlements in this area, the essential missing element is high-density housing, and reducing such to add more retail office would not be consistent with the concept of mixed use. Furthermore, the land is limited in its development potential due to restrictive covenants imposed by the existing big box retail. and the big box retailers in the area are located
within residential future land uses. Therefore this area has non-residential development encroaching into residentially entitled lands. LDC section 402.2.8 specifies that variations from the code may be reviewed and approved by the PC and BCC and staff has re reviewed these recommended the requested variations and recommend approval as they meet the intent of the Land Development Code. The proposed request is consistent
with the Pasco County LDC Chapter 400, Subsection 402.2 zoning amendment and PUD and with the applicable provisions of the Pasco County Comprehensive Plan. And with that, the PDD recommends approval with conditions.
Okay, and I see the applicant coming up to speak to us.
Madam Chair, Clark Hobby, Hobby and Hobby PA 109 North Brush Street, Tampa, Florida, and I have been sworn. Here on behalf of the applicant, uh as you heard, this is a uh MPUD that's existed since 2005. The only remaining partial in the overall master plan is a nine acre site. And it's located almost entirely within the Res 6 flu, which as you undoubtedly know under the 2007 Comprehensive Plan
only allows uh residential land uses. There's a small portion in the ROR section, but that ROR overall area uh does not have any residential within this. Area of R O R The site's been unoccupied since the MPUD was approved in 2005. and uh since the master partial and master infrastructure was developed in two thousand seven and eight. So I think Uh
you can probably understand since this is on Dale Mabry that there's something amiss here. And the something amiss, and the reason why you see semi-trailers parked on the site in this recent aerial. is the fact that there are significant restrictions that staff uh discussed that prohibit as an example the following retail uses on this site. gas stations, bars, liquor stores, hotels, second hand stores, car dealerships,
bowling alleys, movie theaters, vet offices, fitness and massage, Clinics, schools and technical schools. And there's a severe limitation on restaurants. So the reason why this site has sat fallow for so long and unused is any of the retail uses that it was set up for, most of which cannot be used. So we can go to the next line. So you'll see it's hard to read on this site, but this is probably one of the reasons
that t taxes were unpaid on this site for eight years. Wow. Uh there were tax certificates outstanding for eight years and it was almost lost to a tax deed sale in twenty fifteen. We can go to the next slide. and then after that the lender foreclosed on the site in twenty fifteen.
Since that time there still hasn't been any use on the site. So that's going back another seven years. and in the intervening period of time the county had to bring a full on code enforcement lawsuit against the property owner and there's I think one more slide. it it was basically being used by homeless people and as a dumping site for many years. So I think our client rightly so wants to do something that's reasonable and is allowed on the site.
You can move on one more slide. Uh you can see this is the overall flu for this area. You can see the majority of the site at the apex is in a residential uh future land use classification. And pursuant to the 2007 Comp Plan and the Land Development Code that was in effect at the time the MPUD was approved. It says that it has to follow right now this MPUD modification, the current comp plan, which will not allow the retail uses
that were originally approved. So the only real uses that are allowed here are residential. And since we're up against a super target and a major power center, the only realistic use is multifamily. So as staff told you this fills in a residential area. We can move on to the next slide. This fills in an area that, you know, needs some productive use. And when I got involved after this originally came to the board, what I was
charged with the mission of doing here is making sure that this MPUD was on an equal footing with the other MPUDs that were similar on US 41 that had been to the board uh recently and that's what we've done with this connectivity plan. The objective of this plan is to make all this site comply with all of the mudderum requirements that it can without having the benefit of being able to regulate the target site because as you might imagine the big box user user
is not willing to take any of Pasco County's further restrictions since they're already built out. The site uh uh I mean the MPUD as you heard went through Planning Commission. No one has objected to date. and again what we did was create this binding plan which creates all the walkability, the block sizing, and the trails on site and off site to interconnect to the site such that if we were starting from scratch, this would have met the Mutterham uh requirements. We've
improved the form of development and and put it on par with the other projects that the board has approved on 41 recently. And this is c clearly a good, uh economically viable use that is going to be the first time the site's been in any productive use since at least two thousand five. So with that I'm happy to answer any questions the board might have, but I would urge your approval.
Thank you. Um board members, do you have any questions for Mr. Hobby?
Madam Chair. Yeah. I'll just say when I first looked at this I didn't like it. Um but looking at the conditions and the finding of fact number five, especially about target and the restrictions, the list you gave off, it it's pretty much I think we're we're bound we have to do it. Thank you,
Commissioner Mariano. Again, I think that's why the site was never developed all this time. It's been fifteen years, fifteen to seventeen years the site's been sitting like this.
You know, uh this is one of those sites where I when I look at that target parking lot And I think of the target that we have over there on fifty-four and little. And there There are so many spaces that never get a car on it and is that the best use to have A pay. parking lot that no one uses I'm just wondering if you're not sure if you're I see there's some un undeveloped land in front of the target. And I just wonder if you're not sure. Terry, we could look at that parking
lot and Give some of the space up for more economic activity.
I I can speak for Terry I think in the sense of the parking field that you see there is all a part of the approved um target center and it was a part of their site plan. The other green space out front is actually within DOT area and that's what's kind of unique about the site. Those blue I mean blue, the yellow trails that you see dashed throughout the area in front of Target, those are actually trails that exist and they actually broke up the uh parking field which
was unusual in two thousand nine and create walkable areas so that the the little dotted lines running through the DOT property, those are actual existing trails and that's part of the reason why I think this actually meets the mud requirements overall. So there's a there's a lot of benefit there already, Commissioner Starkey.
Okay, well I don't see those when I look at the satellite, but I'm just saying I think we've overparked some of these developments that could be better used for something else. Um but I agree this is a great improvement over what we have going on there. When I look at the satellite and I don't know when they took this picture but One, two, three, four, five, six, seven, eight, nine, ten, eleven. Probably illegally parked.
Semis.
Semis, yeah. And probably a lot of junk too. So Yeah, so Um all right, this is a public hearing. Does anyone w wish to speak to this item? Do we have anyone? I have no one on WebEx for this item. Okay. Okay, it is this is not a consent, correct? This is two to four. That is correct.
Second.