Members Present Members Absent Staff Present Taylor Brown (V-Chair) Angela Gant Lawrence Calderon Chris Ellis (Student Adjunct)

Transcription

1 Minutes Development Review Board City Hall, Auditorium May 14, East University Avenue Thursday 6:30 P.M. Members Present Members Absent Staff Present Taylor Brown (V-Chair) Angela Gant Lawrence Calderon Chris Ellis (Student Adjunct) Ralph Hilliard Jeffrey Haviland (Secretary) Bedez Massey James Miller Scott Wright Douglas Nesbit Erik Bredfeldt Joshua Shatkin (Chair) Deborah Brady Clay Sweger Board Attorney Present: Marion J. Radson I. ROLL CALL II. APPROVAL OF AGENDA Motion By: Taylor Brown Moved To: Add petition PZ SPA to the consent items; and continue petition PZ SPL. Upon Vote: 6 0. III. APPROVAL OF MINUTES Motion By: Jeffrey Haviland Moved To: Approve minutes of March 12, Upon Vote: 6 0. IV. REQUEST TO ADDRESS THE BOARD None. V. REGULAR ITEMS A. Old Business: 1. Petition PZ SPA Causseaux, Hewett, and Walpole, Inc., agent for Major C. Seay, Sr. Development plan review for construction of a bakery distribution facility. Zoned: I-1 (Limited industrial). Located at 1124 SE 4 th Street. Chair Shatkin stated that his office participated in this project and will not be voting on this petition due to a conflict of interest. Bedez Massey, Planner, gave the staff presentation and stated that this is a request for preliminary and final development plan approval for construction of a one story bakery distribution facility. Ms. Massey further stated that an automotive repair business will remain on the development site and in addition to the new building that is being proposed, there will be new stormwater facilities, off street parking, landscaping and driveway connections. Ms. Massey added that the applicant is requesting a waiver related to the distance of the first interior parking stall from the city right-of-way, and that staff is recommending approval subject to conditions and the Alachua County Environmental Protection Department recommendation that of an environmental assessment be conducted for Phase I, prior to construction.

2 Development Review Board Page 2 Robert Walpole, agent for the petitioner stated that they agree with all of staff s conditions and recommendations and they will provide staff with a Phase I environmental study. Taylor Brown inquired what percentage of the site will be devoted to the building area and how many parking spaces will be provided. Mr. Walpole stated that 16% of the overall site will be devoted to the building. Chair Shatkin opened the floor to the public and no one came forward. Motion: Taylor Brown Moved To: Approve with all staff recommendations and comments; and granting the waiver for the driveway; as well as the requirement for the environmental assessment update. Upon Vote: 5 0. (C. Sweger abstained) 2. Petition PZ SPL Wal-Mart Stores East, LP, agent for Pinkoson, et. al. Development plan review for construction of a retail supercenter. Zoned: MU-2 (14-30 du/ac mixed use medium intensity). Located in the 5800 block of NW 34 th Street, west side. (Old petition 65SPL-08DB) Ron Carpenter, attorney for the petitioner, requested to have all speakers for this petition sworn in. Marion Radson, City Attorney stated that this board s rules include both formal and informal hearings and that no formal hearing was requested; however, it seems that the petitioner s attorney is seeking a heightened credibility of his witnesses and if that is the case, then anyone presenting competent substantial evidence related to this petition should be sworn in. The Clerk of the board swore all those who stood to take the oath; and all those who affirmed were in the positives. Scott Wright, Sr. Planner gave the staff presentation and stated that what is being proposed is a 186,000 square foot store, an accessory use 14,000 square foot garden center, two out parcel buildings without drive-thru uses, and a 41-space park-and-ride lot with bus bays. Mr. Wright further stated that the property is adjacent to residential neighborhoods and that NW 23 rd Street is being proposed to be re-aligned with this development. Mr. Wright added that the land use designations on the property are Mixed Use Medium Density with a zoning of MU-2. Mr. Wright gave a presentation and listed the policies of the Comprehensive Plan that apply to the site as Policy 4.1.1, Policy and the MU-2 Zoning District; and stated that the façade of the proposed building has a modern architectural style, and that staff is recommending approval of this petition with conditions. Larry Wray, representative for the applicant, gave a site plan presentation and stated that the development will maintain all the existing vegetation and provide an 8 foot masonry screen wall between the residential area and the service area. Mr. Wray further stated that: the rear service drive and the front driveways aligns with the existing center and will allow for easy access between all the buildings within the shopping center there will be two covered bus shelter areas a 41-space park-and-ride facility bicycle and pedestrian connectivity will be provided on both sides of the development by extending the sidewalks to the residential neighborhood

3 Development Review Board Page 3 Mr. Wray further added that the applicant will donate the money for the sidewalk along 34 th Street where the right-of-way cannot accommodate a sidewalk. Mr. Wray stated that they will provide two stormwater facilities that will be enclosed in a black metal fence with a fountain, and provide a traffic signal and a crosswalk on 34 th Street for easy access into the proposed development. Mr. Wray added that the proposed development is very similar to the Waldo Road site, the main difference would be with the look. Carl Sanders, representative for the applicant, cross-examined professional planner Michael Herzberg, on behalf of the applicant, to provide the board with additional testimony. The testimony was intended to demonstrate why the application meets the requirements of the Future Land Use Element and the Urban Design Elements of the Comprehensive Plan as well as the Land Development Regulations. Mr. Sanders summarized that the issues that are critical to this debate as whether the development proposal is compatible with the uses and purposes of the overall center and its surrounding uses and whether traffic patterns are safely incorporated into the overall transportation system. Mr. Herzberg testified and stated that in his professional opinion, they are. Mr. Carpenter stated that when there are inconsistencies between the Comprehensive Plan and the Land Development Regulations that the Comprehensive Plan trumps. Mr. Carpenter further stated that it is their position that the regulations that are before this board this evening are in fact consistent with the Comprehensive Plan Policies and Mr. Carpenter further stated that the applicant has reviewed all the conditions that are in the staff report and finds that they are all acceptable. Mack McCuller and Rachel Swaysland, representative for John Hudson (an affected party to this petition), stated that the plan as presented fails to meet the requirements of the Code and the Comprehensive Plan and other federal state and regional laws and regulations. Mr. McCuller further stated that in the Commercial land use the Comprehensive Plan; of which is a more intense land use form than the subject property, identifies those areas that are most appropriate for large scale highway oriented commercial uses, and that what the petitioner is proposing is not appropriate for neighborhood centers. Ms. Swaysland listed some specific inconsistencies as: setback requirements mixed use market area overlaps residential areas not integrated into this development plan site not dedicated to pedestrians Chair Shatkin opened the floor to the public and they stated their support and concerns for the proposed development as: will improve the quality of life and the public safety in this neighborhood fellow tenants and property owners are in favor of this development in this area zoning on this property should be changed it is not a neighborhood center and is anti-pedestrian sprawl it will work against small businesses in the area is a giant project with 200,000 square feet located at the end of town that is circumventing the rules out parcels are pointless and this will turn out just like Home Depot

4 Development Review Board Page 4 this solves a lot of problems for those residents who do not have vehicles to drive to the Wal-Mart stores at Archer Road or Waldo Road will bring foot traffic into the area and revitalize the center and those businesses will bring jobs to the people who live in the area Waldo Road Super Wal-Mart location has had a very positive impact and so will this this location is a troubled area that needs a boost and the proposed development is exactly what it needs Ralph Hilliard, Planning Manager, clarified for the board that there are no activity center maps adopted as part of the Comprehensive Plan, and what is being referred to this evening is the map in the Data and Analysis that has no weight in any of the Comprehensive Plan Policies. Chair Shatkin stated that a Wal-Mart in this location will be a good thing for the area and the adjoining commercial properties; however the main issue still remains the design of the development. Chair Shatkin further stated that he would like to create a compact pedestrian friendly development and what is being proposed is a 1980 s design that has an eight-foot wall that cuts off access to pedestrians, in which the service area backs up to the residential area. Chair Shatkin further added that what hinges for him on approval is the 15 to 80 feet setback; as well as the petitioner not providing any outdoor seating areas that will connect the inside to the outside of this proposed development; and the only reason why there are currently awnings on the building is because this board requested it at the conceptual review hearing. Chair Shatkin stated that this proposed development is not engaging the neighborhood as the main primary road in this area is 34 th Street and this proposed development does not even address it. Chair Shatkin cited Boca, Florida that has a store called Whole Foods and it has outdoor seating areas, partly because they sell fresh ready to eat food. The store also has built-in planters with seeding, landscaping to create the outdoor seating areas. Clay Sweger stated that this proposed development is consistent with the Comprehensive Plan; yet there is some credibility to the fact that the map is not adopted in the Comprehensive Plan, even though there is Mixed Use zoning and land use in this area. Mr. Sweger further stated that there are not any significant environmental issues with this location and it is craving for this type of development. Mr. Sweger added that he cannot think of a better location for another Wal- Mart and that what the petitioner is brining forward is a step beyond what the staff has approved on Waldo Road and he will be supporting this petition this evening. Jeffrey Haviland stated that the proposed development has cohesiveness with the adjacent property; however needs to be more pedestrian friendly and be a more walkable site. Mr. Haviland suggested having better connectivity to the side where the convenient store is located and have a well lit pathway with covered areas, and landscaping to make it more inviting to the public. Mr. Haviland further suggested to widen the pathways and sidewalks and have them paved and well lit; and have a walkway around the retention pond that leads to the building that connects the green spaces. Taylor Brown stated that what many other big box stores or town centers in urban areas have done is pulled their buildings right up to the street. Mr. Brown further stated that if the two out parcels were to be eliminated it would be a gain of parking spaces that would provide open areas to help buffer the commercial activities and the residential uses; provide additional pedestrian connections to the main site from the neighborhoods; the noise of loading and unloading of trucks would be moved near the retention pond area and the visibility of the big box from the highway would be increased, which is one of the main reasons why this center has failed, as motorists do not see the shopping center area until they have passed the only turn into the center. Mr. Brown

5 Development Review Board Page 5 further added that Wal-Mart typically functions as a destination business and in turn will help the surrounding businesses to succeed and develop other businesses along the other side of the street that will make the land in the area more valuable as the area redevelops. Motion: Clay Sweger Moved To: Approve with adding pedestrian seating to the northwest portion of the building, enhancing the streetscape with shade trees, benches, and widening of the two main pedestrian corridor sidewalks. Seconded By: Jeffrey Haviland Upon Vote: 2 4. (Nays: T. Brown, J. Miller, D. Nesbit, J. Shatkin) Motion dies. Lawrence Calderon, Current Planning Chief inquired from the board exactly what they would like to see from this development that would make it approvable. The board stated: pedestrian friendly design addressing the build-to line interconnectivity with the neighborhoods Motion: Taylor Brown Moved To: Continue to the July 09, 2009 meeting. Upon Vote: Petition PZ SUB Eng, Denman, and Associates, Inc., agent for East Gainesville Development Partners, LLC. Design plat review for an environmental cluster subdivision. Zoned: RSF-1 (3.5 du/ac single-family) and RSF-4 (8 du/ac single-family). Located at 2100 NE 39th Ave, adjacent to the Ironwood Golf Course. Due to the lateness of the hour, the Board agreed with the applicant to continue this petition to the next regularly scheduled board meeting; and hear only the staff presentation. Scott Wright, Sr. Planner gave a presentation and stated that this petition is an environmental cluster subdivision that has separate standards and regulations in the Code that allows for a reduction in lot sizes that will provide for open spaces and preservation of natural features. Mr. Wright summarized the major issues of the design plat for this proposed development as: Airport Hazard Zoning Regulations significant ecological overlay regulated surface waters and wetlands environmental cluster subdivision street connectivity Mark Garland, Environmental Coordinator gave a brief history of the condition of the proposed site and stated that since 1968 this area has been seriously drained and many of the wetlands are in poor condition and barely meet the State definition of a wetland. Mr. Garland further stated that setting aside uplands is not a requirement of the Code. However, on this site, to protect the remaining environmental features, it could be required and he would prefer to see a contiguous set aside. Mr. Garland added that Newnan s Lake has been declining in water quality for the last 10 years and currently has exceedingly high levels of phosphorus, nitrogen and blue green algae entering through the creeks, particularly through the east side of Little Hatchet Creek. Mr.

6 Development Review Board Page 6 Garland stated that Newnan s Lake drains into Prairie Creek and Prairie Creek drain into Alachua Sink and that drains in the Florida Aquifer for our drinking water; of which would be a significant environmental impact. Motion: James Miller Moved To: Hear this petition at the next regularly scheduled meeting with a time certain of 7:30 p.m. Seconded By: Jeffrey Haviland Upon Vote: 6 0. VII. MEMBERS COMMENTS None. VIII. ADJOURNMENT Meeting was adjourned at 10:34 p.m. Secretary, Development Review Board Jeffrey Haviland Date Liaison, Development Review Board Lawrence Calderon Date