Don't Adopt Planning and Zoning Commission Amendment 2018-2-A-1-4

Amendment 2018-2-A-1-4 negatively affects the residents, businesses, and religious organizations in the Dr. Phillips and Lake Buena Vista areas of Orlando, Orange County, Florida.

Landowners' Kerina Wildwood, Inc., Kerina Village, Inc., Kerina Inc., and Kerina Parkside Master, Inc. own several parcels of land including the parcels addressed in this amendment which are 10-24-28-0000-00-005/053, 10-24-28-6670-11-000, 15-24-28-5844-00-050/071/130/142, and 15-24-28-5844-0021. The landowner's representative is Miranda F. Fitzgerald, Esq., Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. and they are partnering with Charles L. Whittall (Chuck Whitall of Unicorp).

These parcels are located around Apopka-Vineland in southern Dr. Phillips/Northern Lake Buena Vista. They are close to Dr. Phillips Community Park, The Rosen Jewish Community Center / Southwest Orlando Jewish Congregation, Parkside/Estates at Parkside homes, Phillips Grove homes, Ruby Lake homes, Hidden Lake community, Maa Durga-Sri Sai Baba Temple, and several other single-family homes.

For over a decade, these parcels have had an excellent existing future land use designation of Low-Density Residential (LDR), Low-Medium Density Residential (LMDR), and Rural/Agricultural (R). They currently provide a smooth and intelligent transition from a residential area to a more commercial area.

The landowners and their representatives/partners want to attempt to change these future land use designations to a congested, incompatible, and inconsistent Planned Development-Commercial/Office/Medium Density Residential/ Low-Density Residential/Senior Living/Conservation (PD-C/O/MDR/LDR/SeniorLiving/CONS).

Should this amendment pass, it would allow the development of a multi-family residential community (which can be a 6-story apartment complex) featuring up to 350 multi-family dwelling units, 200 senior living units, 450 single-family dwelling units (which can all be 3-story townhomes), 100,000 sq. ft. of C-1 (Retail Commercial District) (Likely a strip-mall and grocery) uses, 50,000 sq. ft. of
office uses, 3.0-acre park (Which may be used as baseball fields with stadium-style lighting), and 93.0 acres of conservation land/open space (Which is largely un-buildable swampy land.) All of this would be placed where residential homes were meant to be built. These changes may contribute to future increases in traffic, noise and light pollution, crime, transience, and increased tourist presence in the area.

Currently, the Local Planning Agency (LPA) and the Board of County
Commissioners Staff are recommending that the board adopt the amendment so the big developers who include Chuck Whittal (Unicorp), can pursue their interests and build commercially and vertically where there was supposed to be quiet neighborhoods and schools.

The landowners and their representatives argue that they know what is best for this community, however, it is believed that the landowners do not live in Florida, Kerina Inc.'s president is a tax expert who resides in Switzerland, and Kerina Inc. is registered as a foreign profit corporation in Deleware. The residents of Dr. Phillips find it hard to believe that these people and companies know what is best for us when their interests are in profit and the majority of them get to walk away after development is completed, unaffected by the re-zoning of the area.

The landowners and their representatives argue that everyone in the area wants this project to be approved because not enough people have spoken out against it. However, we feel the county/landowners/representatives did not attempt to notify the surrounding residents, houses of worship, and businesses about the proposed amendment sufficiently. The applicant was only required to notify some of the residents of The Estates at Parkside, and were not required to notify anyone else, in any other community of their plans. Additionally, a temporary sign with information regarding the amendment was placed in an obscure area that someone keeps tearing down and throwing into shrubbery and grass. It is apparent to the residents of this area that there is an attempt
being made to hide this future land use change from the people that it would affect most. During the last adoption hearing on the matter, it was suggested by the board that people were not coming out against the amendment because they were for it. The residents suggest that more people have not come out to voice their opinions against it because they are not aware a change is being proposed, were not notified about it directly, and could not see signage posted about it.

The landowners and their representatives have argued that according to staff, the proposed amendment is consistent with the Comprehensive Plan (see Housing Element Goal H1 and Objective H1.1; Future Land Use Element Goal FLU.2, Objectives FLU2.2 and FLU8.2, and Policies FLU1.1.1, FLU1.4.4, FLU8.2.1, FLU8.2.10, and FLU8.2.2; and Conservation Element Objective C1.4 and Policy C1.4.1). The residents argue that staff also noted that while the residential components of the application are consistent with the current LDR and LMDR FLUM classifications, the requested office and neighborhood commercial uses are not and therefore the proposed amendment is not consistent and therefore should not be adopted.

The landowners and their representative have argued that the Daryl Carter Parkway Extension and FDOT's 1-4/Daryl Carter Parkway Interchange will change the character of the surrounding area, making the proposed mix of land uses appropriate. The residents argue that neither of these things have been built and therefore the character of the surrounding area has not changed which makes the amendment inconsistent with the with the current LDR and LMDR FLUM classifications. The applicant and staff should not be able to make an argument on what might be there in the future rather than what is actually here now.

Goal FLU2 – URBAN STRATEGIES. states that Orange County will encourage
urban strategies such as infill development, coordinated land use and transportation planning, and mixed‐use development, which promote efficient use of infrastructure, compact development and an urban experience with a range of choices and living options. The residents argue that within an estimated 1 mile radius (Or 2 min drive) of the planned 350 multi-family dwelling units (Apartment Complex) is the Buena Vista Point Apartment complex. Within an estimated 1 mile radius (Or 2 min drive) of the planned 450 single-family dwelling units (townhomes) are the Pointe Cypress Townhomes. Within an estimated 1.2 mile radius (Or 2 min drive) of the planned 100,000 sq. ft. of C-1 (Retail Commercial District) which will likely include a grocery store, there is already a Winn-Dixie grocery store and an additional 5 grocery stores such as Publix, Trader Joe's, and Chamberlins within a reasonable 10 min (4 mile) drive. Within less than an estimated 1 mile radius (Or 2 min drive) of the planned 100,000 sq. ft. of C-1 (Retail Commercial District) which will likely include a strip-mall, there is already the Buena Vista Commons, a strip-mall that is partially still unoccupied and looking for tenants. It is for the above reasons that the residents argue that they already have a range of commercial choices and diverse livings options available to them.

The applicant and their representatives may argue that the county is running out of room in the local area to build commercially and to build diverse living options such as multi-family dwelling units (Apartments). The residents, however, argue that within less than a 2.5 mile radius (Or 4 mins drive) of the proposed future land use change, there is a parcel of vacant land, 33-23-28-1863-02-000, next to the Sand Lake Animal Clinic that is already available and designated for commercial use. Within a 2 mile radius (Or 5 mins drive) there is an apartment complex called Palm Parkway Apartments being built by Epoch Residential which will be 250 apartments 4 stories tall, located on currently vacant parcel 14-24-28-0000-00-027. And VHB, Inc. along with Chuck Whitall of Unicorp, the same developer involved in this amendment, is also proposing another apartment complex very close to the Palm Parkway Apartments as part of his major development, O-Town West, where they are already in the adoption process for Amendment 2018-2-A-1-6 to have up to 1550 multi-family dwelling units (Apartments) and 250 townhomes, as well as up to 415,142 sq. ft of commercial use approved to be built. These developments afford the area plenty of living options within a mile as the crow flies of the proposed future land use change. The residents therefore argue that there are a sufficient amount of other commercial and diverse living choice projects and vacancies in the area to comply with Orange County's comprehensive plan.

Staff admits and emphasizes that care must be taken to ensure that any commercial or office use will not negatively impact the residents of the existing homes surrounding the area concerning the amendment, as mandated by Policy FLU1.4.4, which states that the disruption of residential areas by poorly located and designed commercial activities shall be avoided and that primary access to single‐family residential development through a multi‐family development shall be avoided. The residents agree with this and feel that the board must consider this seriously and therefore not adopt the amendment.

Because of the points made above, and the fact that staff has admitted there is presently no commercial or office activity in the immediate vicinity of the subject property, the requested FLUM amendment is not compatible with the development trend of the surrounding area as the pattern has been towards the building of detached single-family residential homes.

The residents, community members, and taxpayers of this Dr. Phillips area support the building of neighborhoods that include detached single-family homes, schools, and parks which benefit everyone in the area. We support keeping this area as Low-Density Residential (LDR), Low-Medium Density Residential (LMDR), and Rural/Agricultural (R).

The people of Dr. Phillips oppose this amendment and seek to gain support in their efforts to ask the Orange County Florida Planning and Zoning Commission
Advisory Board to respectfully not adopt Amendment 2018-2-A-1-4.

Please watch hearings regarding this matter:

http://netapps.ocfl.net/Mod/meetings/4
June 21st 2018
AMENDMENT 2018-2-A-1-4 MIRANDA F. FITZGERA...

http://netapps.ocfl.net/Mod/meetings/1/460
July 10th 2018
MIRANDA F. FITZGERALD, ESQ., LOWNDES, DR...

http://netapps.ocfl.net/Mod/meetings/4
October 18th 2018
AMENDMENT 2018-2-A-1-3 MIRANDA F. FITZGERA..

Join us to speak out agains this amendment on Tuesday December 18th 2018 at 9:00AM at the Orange County Commissioners Chambers, 201 South Rosalind Ave., Orlando, Florida 32801.

(Please include your full address when signing. Thank you.