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Questions surround proposed downtown land changes

The timing of a city project is accelerating a request that would give a property owner the right to build a taller, denser development in the future.


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  • | 3:10 p.m. January 9, 2018
Resident Mike Gasper outlines his questions about the Palsar proposal at a workshop at City Hall Monday.
Resident Mike Gasper outlines his questions about the Palsar proposal at a workshop at City Hall Monday.
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A community workshop last month regarding proposed zoning changes for a property at U.S. 41 and Fruitville Road provided few definitive answers about the future of the land.

Residents attending the meeting said there was a lack of clarity regarding the eventual development of the property. But property owner Palsar Developments Inc. hopes to get the land rezoned without a specific site plan, citing external pressure associated with the city’s efforts to build a roundabout at the U.S. 41-Fruitville intersection.

In 2016, the city agreed to a land-swap deal with Palsar, which owns the land at the northeast corner of U.S. 41 and Fruitville. Per the deal, the city would give Palsar a piece of land near the intersection. In exchange, the city would get a segment of Palsar-owned property it needs to build the roundabout.

Despite the approval, the deal was never signed. The city hopes to begin construction on the roundabout next year. Shawn Dressler, a planner with Kimley-Horn working on the project, said Palsar was seeking zoning changes for its land as part of an effort to finalize the swap.

“If it weren’t for the roundabout, we wouldn’t be having this conversation right now — there wouldn’t be an application,” Dressler said. “Because this city needs land from the property to make that happen, we have to make sure that after that happens, we still have a developable property.”

City Attorney Robert Fournier and City Engineer Alex DavisShaw confirmed the city was still working to finalize a land swap agreement with Palsar. But city planning staff says it intends to scrutinize the property owner’s proposal independent of the need to acquire land for the roundabout. The planners also questioned the lack of details included with Palsar’s proposal at this point in time.

“It’s hard for us to really give much of an opinion on what they’re asking for, because they’re not giving us that much information,” said city Planning Director Steve Cover. “There isn’t a whole lot we can respond to.”

“If it weren’t for the roundabout, we wouldn’t be having this conversation right now.” — Shawn Dressler

In November, Palsar submitted a preliminary application to rezone a segment of its 1.85-acre parcel. If approved, the new downtown core zoning would allow for a 10-story structure with a residential density of 50 units per acre on the east side of the property.

That land is currently zoned downtown edge, which allows for a five-story building and a density of 25 units per acre. The western end of the property is zoned for an 18-story building.

Palsar is also asking to vacate a segment of the alley that cuts through the property, creating a new alley access point along Fruitville Road. The property owner proposes using Fourth Street as a primary means of access to the site.

Dressler and land use attorney Bill Merrill repeatedly stated that Palsar has no specific plans for this property, and could take several years before developing it. Merrill indicated Palsar would likely end up building a mixed-use property focused primarily on condominiums.

On Monday, those living in the area were worried about the prospect of putting a 10-story building near existing three- and four-story structures along Fruitville.

“We’re not really happy with the potential for 10 stories,” said Mike Gasper, a resident of the adjacent Encore townhomes on Fruitville. “We don’t think it’s compatible with the neighborhood.”

Dressler said the developer intended to produce a plan that would attempt to gracefully transition from the existing buildings to the 10- and 18-story height maximums allowed on the property.

“That way, we create a condition where we’re stepping away from you in height,” Dressler said.

Dressler and Merrill said Palsar was willing to make other concessions in exchange for the new zoning. That includes a 10-foot building setback along Fruitville Road. But without a specific plan for the site, proposed conditions failed to assure those in attendance Monday.

“I’m surprised the city is considering doing all this without a site plan, quite frankly,” Gasper said. “It’s very difficult for us to give feedback and our concerns if we don’t know what’s going to happen.”

“It’s very difficult for us to give feedback and our concerns if we don’t know what’s going to happen.” — Mike Gasper

Because the city never formally adopted the land swap deal in 2016, Fournier said the details of any new deal would have to go before the City Commission for consideration again. Although the city has previously expressed hope that construction on the U.S. 41 and Fruitville roundabout could begin in spring, DavisShaw said there’s no hard timeline for that project to get underway.

There isn’t even a finalized design for the roundabout, which is being built in conjunction with the development of the Quay and will need state approval to proceed. DavisShaw said it’s possible plans could be adjusted going in the future, but as far as she’s aware, the Palsar-owned property is still included in the latest proposed design.

“Is that the only thing that could happen there?” DavisShaw said. “No. I can’t say there can’t be any modifications.”

Fournier said that, because the Palsar property already carries a downtown core future land use classification, it would be difficult for the city to reject the proposed rezone request unless it changes that designation.

When it comes to a potential land swap, the commission will ultimately be left to decide the conditions under which it is willing to approve a deal with Palsar, Fournier said.

“I think the City Commission has full discretion of whether or not they want to approve it,” Fournier said.

 

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