Items Types:
Hearings/Ordinances/2nd Read
For Meeting of:
May 12, 2014
District: 4 From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : Yes Draft Only: No
Grant Received by City?: No

Ordinance No. 2014-17 Re-assigning PD and PD/AN Zoning for a Proposed Apartment Complex (ZON2014-00005 Elan @ Audubon Park (fka Orlando Heights) PD) (Economic Development)


The attached ordinance will re-assign zoning of PD & PD/AN (Planned Development, Aircraft Noise Overlay) to a vacant 19.5-acre property, located at the northern terminus of Warehouse Rd., between Koger Executive Center on the east and Lake Druid Park on the west. The applicant is Bill Bagley, Dunhill Properties, Inc., representing the owner, Orlando Heights, LLC.

The subject property was initially rezoned to PD in 2009, with a proposed development plan of 450 multi-family units spread among 2-, 3- and 4-story apartment buildings. The lower 2-story apartment buildings were to be in the northern and southern portions of the site, under Office Low Intensity future land use, while the taller 3- and 4-story buildings would be in the middle of the site, under Office Medium Intensity future land use. Sole access would be from Warehouse Rd., with emergency access from Coy Rd. via Lake Druid Park. 30 ft. of right-of-way (R-O-W) was to be dedicated for the northerly extension of Warehouse Rd. if Koger Executive Center was re-developed. The 2009 PD had an expiration date of March 13, 2014.

The PD amendment request proposes minor changes to the site plan but most notably proposes to increase building heights within the Office Low Intensity future land use areas to not more than 39 ft. (3-stories), where a maximum 35 ft. (to the mid-point of the roof) is allowed in the default O-1 zoning district. Buildings in the middle will remain 3- and 4-story in height. The site plan meets the City’s new multi-family guidelines and the new design actually provides a few more amenities than the 2009 version. Emergency access via Druid Park is still being provided, as is dedication of R-O-W for a future Warehouse Rd. extension when the Koger Center is redeveloped.

The applicant met separately with Audubon Terrace and Coytown residents and garnered both support and opposition to the proposed development plan. At the March 18, 2014 Municipal Planning Board, three (3) persons spoke in opposition to the proposed PD, citing issues with:

· the proposed emergency access through Lake Druid Park;
· future apartment access to Lake Druid Park and the adjacent multi-use trail to the south; and
· proposed location/operation of the trash compactor.
The board subsequently recommended approval of the PD, per the conditions in the staff report, and the City Council approved those MPB minutes on April 14, 2014. The City Council approved the PD on first reading on April 28, 2014. 

Council voted on April 28, 2014, to approve the proposed ordinance on first reading, but amended the proposed ordinance to:

1. Require a roof structure over dumpsters and compactors. (See beginning at line 181 of the proposed ordinance.)

2. Prohibit resident access to dumpsters and compactors between 10 p.m. and 7 a.m. (See beginning at line 189 of the proposed ordinance.)

In addition, based upon direction from Council at first reading, staff recommends a provision included beginning at line 203 of the proposed ordinance that will allow gate access from the planned development to the neighboring proposed City park to the west of the planned development, provided that such gate access is prohibited during hours that the park is closed to the public.

Fiscal & Efficiency Data:


Recommended Action:
Adopt the attached Ordinance No. 2014-17 and authorize the Mayor and City Clerk or Mayor Pro Tempore and City Clerk to execute on behalf of the City upon final review and approval by the City Attorney. 

Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Jim Burnett, Planner III, 407-246-3609
Approved By:

Department Date and Time
Budget Outside Routing Approval 5/1/2014 11:40 AM
City Clerk 5/1/2014 12:31 PM

Name: Description: Type:
exhibits_A-E.pdf Exhibits A - E Exhibit
2014-17_-_Elan_@_Audubon_Park_PD_ordinance.pdf 2014-17 Elan @ Audubon Park ordinance Backup Material

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