AGENDA MEMORANDUM. Honorable Mayor and City Council Members. Bryan Cobb, City Manager FROM: DATE: September 21, 2015

Transcription

1 AGENDA MEMORANDUM TO: FROM: Honorable Mayor and City Council Members Bryan Cobb, City Manager DATE: SUBJECT: Resolution No , Site Development Order No : Shoppes at Oviedo on the Park (Park Place Apartments of Oviedo, LLC) Procedure: Call Up Item City Manager Background Applicant Presentation Public Comment - Request to Speak Forms submitted prior to beginning of meeting. Council Motion & Discussion Council Action Introduction: This is a request for the City Council to approve Site Development Order No , Shoppes at Oviedo on the Park OOTP) development. The proposed development is located on the northeast intersection of Mitchell Hammock Road and City Plaza Way. The total land area is two point one six (2.16) acres. The property owner is Park Place Apartments of Oviedo, LLC, represented by Mr. Tom Cavanaugh. The property developer is Morse Property Real Estate and Development LLC. The Consultant is Klima Weeks Civil Engineering. Discussion: The subject property s future land use designation is Downtown Mixed Use (DMU) and its zoning district is Mixed Use District-New Downtown Village Core (MUD-VC). The proposed development is located within the Oviedo on the Park Master Plan. Per LDC Section 6.4(F)(3)(a), the Land Use Administrator shall issue site development orders and permits for permissible uses within the New Downtown Village Core District. On May 5, 2014, City Council adopted Resolution No , providing through a Memorandum of Understanding (MOU), that the City Council will act as the Land Use Administrator with regard to lands assigned the New Downtown Village Core and New Downtown Zoning Districts and subject to the Oviedo on the Park Master Plan. The proposed development is consistent with the Comprehensive Plan and the Zoning district for the property. The Applicant proposes to subdivide the land into three (3) lots and one Tract. Lot 1 is 0.37 acres in size and will contain a 2,118 square foot coffee shop with drive through. Lot 2 has an area of 0.72 acres and will encompass restaurant and retail uses. Lot 3 is 0.99 acres in size and will be developed later with a use yet to be determined. Tract A is 0.07 acres in size and will

2 Page 2 comprise landscape, entry, sidewalk and maintenance easements. On-site parking is provided in the interior of the lots. There will be a total of forty-nine (49) on-site parking spaces within Lots 1 and 2. The development will have one (1) vehicular access on its north side, from the Mike Roberto Way right-of-way. Concurrency requirements have been satisfied. Potable water and sewer service will be provided by the City of Oviedo. Solid waste capacity is available through Seminole County. Drainage is linked to the overall drainage system of the Oviedo on the Park development. The Applicant requests the following deviations to the Land Development Code minimum standards. The Applicant s justifications are shown in italics. Staff s recommendations are shown in underline. Mitigation for the deviation requests are also addressed by Staff. 1) LDC Section 6.4(L)(6)(d)(i), Buffers for Off-street Surface Parking: A five (5) foot deviation to the requirement of a minimum ten (10) foot buffer width for off-street surface parking, to allow the north buffer adjacent to Mike Roberto Way to be five (5) feet in width along the segment starting at the southeast intersection of City Plaza Way and Mike Roberto Way and running east for a distance of two hundred and sixty seven (267) feet (50% deviation). This deviation is requested in order to increase the effective Mitchell Hammock Road buffer yard from 10 feet (required) to 20 feet (provided). Staff concurs with this deviation as it compensates the lost width on the north buffer yard along Mike Roberto Way, adding width to the south buffer yard along Mitchell Hammock Road, whose speed (45 miles/hour) and width (100 feet) justifies a wider buffer. 2) LDC Section 6.4(L)(6)(d)(ii), Buffers for Off-street Surface Parking: A deviation to the requirement of installation of seven (7) canopy trees along approximately two hundred and tree (203) feet of the west buffer yard adjacent to City Plaza Way, to allow the installation of one (1) canopy tree (86% deviation). The planting area is limited by the required screen wall and benches for the drive-through buffer, which was provided to enhance and preserve the pedestrian oriented character of the Oviedo on the Park area. Trees would conflict with the wall, wall foundation and trellis. Instead, a hedge was provided to soften the wall foundation and 4 understory trees frame the wall. Staff concurs with this deviation as it screens the drive through building with an opaque wall and adds understory trees to the buffer yard, minimizing the loss of canopy trees. 3) LDC Section 6.4(L)(6)(d)(ii), Buffers for Off-street Surface Parking: A deviation to the requirement of installation of eight (8) canopy trees along approximately two hundred and six (206) feet of the north buffer yard adjacent to Mike Roberto Way, to allow the installation of five (5) canopy trees (37% deviation).

3 Page 3 Deviation was requested by master developer s landscape architect due to limited soils space in drive-through area. Additional understory trees were added to compensate for reduction in canopy trees. To reduce the amount of the deviation and to provide more screening and shade along Mike Roberto Way, Staff recommends that one of the proposed understory trees be replaced with an additional canopy tree planted on the west side of the site s car entrance. The landscape strip is the same width as the one on the east side of the car entrance which shows three (3) canopy trees being planted. This will reduce the deviation to 25%. Staff also recommends that the provided five (5) understory trees be counted as mitigation for the missing canopy trees, on a basis of 2 understory trees = 1 canopy tree, thus exempting the Applicant from the payment into the tree bank. The reduction of the deviation has already been included in the SDO and Resolution No ) LDC Section 6.4(L)(6)(f)(ii), Required Buffer from Mitchell Hammock Road: A deviation to the requirement of installation of five (5) canopy trees along approximately one hundred and sixty four (164) feet of the south buffer yard adjacent to Mitchell Hammock Road, to allow the installation of four (4) canopy trees (20% deviation). Deviation was requested by master developer to open up view lines to the master sign at the southeast corner of Mitchell Hammock Road and City Plaza Way. Staff recommends that the Applicant pay into the City s tree bank an amount equivalent to the cost of installation of missing canopy trees as mitigation for this deviation. 5) LDC Section 6.4(L)(6)(f)(ii), Required Buffer from Mitchell Hammock Road: A deviation to the requirement of installation of five (5) understory trees along approximately one hundred and sixty four (164) feet of the south buffer yard adjacent to Mitchell Hammock Road, to allow the installation of four (4) understory trees (20% deviation). Deviation is requested for health of trees as they reach maturity. There is not sufficient space for both street trees and buffer yard trees. The mature spread of a southern live oak (provided buffer yard trees) is feet, and the trees and the trees are spaced roughly 30 feet on center in the provided landscape plan. The soil area of the southern live oak is roughly 30 x30. The space between the front of walk and the Mitchell Hammock Road back of curb is approximately 22 feet, therefore the proposed tree spacing and available root space is correct for the trees as provided on the landscape plan. Staff recommends that the Applicant pay into the City s tree bank an amount equivalent to the cost of installation of the missing understory trees as mitigation for this deviation. 6) LDC Section 6.4(L)(7)(c)(ii), Vehicular Use Area Landscaping, Interior Islands: A four (4) foot deviation to the requirement that interior parking islands measure a minimum of eight (8) feet in width, to allow the interior parking island located adjacent to Mitchell Hammock

4 Page 4 Road and fronting the restaurant/retail building entrance to be four (4) feet in width (50% deviation). Deviation requested to provide a concrete pedestrian access from Mitchell Hammock Road to the restaurant/retail building. Staff concurs with this deviation as it provides a safe access to pedestrians directly from Mitchell Hammock Road. 7) LDC Section 6.4(L)(5)9a)(i), Street Trees Requirements: A deviation to the requirement of the installation of six (6) canopy street trees along approximately two hundred and forty-two (242) feet of Mitchell Hammock Road public right-of-way, to allow the installation of zero (0) canopy street trees (100% deviation). Deviation is requested for health of trees as they reach maturity. There is not sufficient space for both street trees and buffer yard trees. The mature spread of a southern live oak (provided buffer yard trees) is feet and the trees and the trees are spaced roughly 30 feet on center in the provided landscape plan. The soil area of the southern live oak is roughly 30 x30. The space between the front of walk and the Mitchell Hammock back of curb is approximately 22 feet, therefore the proposed tree spacing and available root space is correct for the trees as provided on the landscape plan. Per this LDC section, street trees are to be planted in medians of streets. In the case of Mitchell Hammock Road, despite having a median, the existence of a power utility easement on the entirety of the road makes it difficult to install trees on its medians. Therefore, Staff recommends that the Applicant pay into the City s tree bank an amount equivalent to the cost of 6 canopy trees as mitigation for this deviation. 8) LDC Section 6.4(L)(5)(a)(iii), Street Trees Requirements: A deviation to the requirement of installation of seven (7) street understory trees along approximately two hundred and fortytwo (242) feet of Mitchell Hammock public right-of-way, to allow the installation of zero (0) street understory trees (100% deviation). Deviation is requested for health of trees as they reach maturity. There is not sufficient space for both street trees and buffer yard trees. The mature spread of a southern live oak (provided buffer yard trees) is feet and the trees and the trees are spaced roughly 30 feet on center in the provided landscape plan. The soil area of the southern live oak is roughly 30 x30. The space between the front of walk and the Mitchell Hammock back of curb is approximately 22 feet, therefore the proposed tree spacing and available root space is correct for the trees as provided on the landscape plan. Street understory trees are a requirement of this LDC section. Therefore Staff recommends that the Applicant pay into the City s tree bank an amount equivalent to the cost of installation of 7 understory trees as mitigation for this deviation.

5 Page 5 The recommended payment into the tree bank is listed as one of the Condition of Approval No. 10 of SDO No The Applicant also requests deviations to the Land Development Code s architectural standards for the proposed buildings. All of the deviation requests regarding architecture of the buildings relate to the fact that the architecture standards for the Mixed Use Downtown-Village Core zoning district were not designed for drive-through or single uses. Staff worked with the Applicant to propose architectural features to the coffee shop with drive through building and to the retail/restaurant building that can mitigate the drive through lane along City Plaza Way and the lay-out of standalone buildings surrounded by a parking lot on the site. The goals were to: 1) Obtain an architecture proposal that was unique and could later be identified with the Oviedo on the Park neighborhood; and 2) Mitigate the drive-through character of the proposed coffee shop site by dressing up the drive-through façade with additional architectural elements. The features to attain these goals are listed below. Coffee Shop with drive-through Building: 1. Staff requested that a wall be placed along the drive-through lane facing City Plaza Way. The function of the wall is two-fold: cover the drive-through lane itself and provide an attractive building edge along City Plaza Way, aligned with the pedestrian character planned for Oviedo on the Park. 2. The proposed wall is planned to have different texture elements and associated decorative features. The wall is finished in brick and tile, has pillars and beams in bronze anodized aluminum, two (2) benches, planters and a decorative feature on its center replacing the originally proposed water feature. 3. The wall beams will be attached to the western façade of the building so that it can be treated as part of the building façade. 4. The western building façade has additional wall murals proposed in order to avoid having blank walls. Due to the internal lay-out of the Starbucks store, that portion of the building cannot support real windows. 5. The same façade treatment is proposed to all building facades. The façade finishes combine a mixture of brick, siding and stucco in minor areas. 6. The colors proposed are in line with Oviedo on the Park colors. 7. The main entrance was accentuated with additional brick coverage. 8. Additional architectural features are also provided, such as roof modulation, canopies along the entrances and shutters along the eastern façade. Restaurant/retail Building: 1. The same architecture character of the coffee shop with drive-through building is proposed to the restaurant/retail building in the site. 2. The same façade treatment is proposed to all building facades and the façade finishes combine a mixture of brick, siding and stucco in minor areas. Staff concludes that the proposed plans address the main concerns of having a drive-through lane facing City Plaza Way and recommends approval of the following deviations:

6 Page 6 Coffee Shop with Drive-through Building: 9) LDC Section 6.4(F)(4)(g)(ii), General Façade Standards: A twelve (12) foot deviation to the requirement that the maximum distance between two (2) windows or a window and any corner or edge of a façade shall be fifteen (15) feet, to allow the distance between one (1) window of the East façade of the subject building to be twenty seven (27) feet to the corner of the building (80% deviation). 10) LDC Section 6.4(F)(4)(g)(ii), General Façade Standards: A one point three (1.3) foot deviation to the requirement that the maximum distance between two (2) windows or a window and any corner or edge of a façade shall be fifteen (15) feet, to allow the distance between two (2) windows of the West façade facing City Plaza Way (LDC Oviedo Way) of the subject building to be sixteen point three (16.3) feet (8.6% deviation). 11) LDC Section 6.4(F)(4)(g)(iii)(1), General Façade Standards: A fifty five point nine (55.9) square feet deviation to the requirement that if the height of a façade exceeds eighteen (18) feet, then at least ten (10) percent of the entire façade shall be windows. The North façade (facing Mike Roberto Way) of the subject building contains 601 square feet, with ten percent (10%) of that being 60.1 square feet, and we are providing a 4.2 square foot window at the Drive-Thru, as this is their back-of-house & storage within the building, and only a service door is provided (93% deviation). 12) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level area of the West Façade fronting City Plaza Way (LDC Oviedo Way) is square feet. Only square feet, or twenty-nine percent (29%), of the square feet of the required street level windows of the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) will be windows. Deviation requested: A six hundred five point six (605.6) square foot deviation to the minimum requirement that at least 60% (856.2 square feet) of the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) shall be windows, to allow only square feet, of the required street level windows of the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) to be windows (71% deviation). 13) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level area of the South Façade fronting Mitchell Hammock Road is square feet. Only square feet, or thirty-three percent (33%), of the square feet of the required street level windows of the South Façade of the subject building fronting Mitchell Hammock Road will be windows. Deviation requested: A two hundred sixty-six point three (266.3) square foot deviation to the minimum requirement that at least 60% (399.6 square feet) of the South Façade of the subject building shall be windows, to allow only square feet, of the required street level windows of the South Façade of the subject building fronting Mitchell Hammock Road to be windows (67% deviation). 14) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level of the North Façade fronting Mike Roberto Way is square feet. Only 4.2 square feet, or zero point three percent (0.3%), of the square feet of the required street level

7 Page 7 windows of the North Façade of the subject building fronting Mike Roberto Way will be windows. Deviation requested: A three hundred fifty-six point four (356.4) square foot deviation to the minimum requirement that at least 60% (360.6 square feet) of the North Façade of the subject building shall be windows, to allow only 4.2 square feet of the required street level windows of the North Façade of the subject building fronting Mitchell Hammock Road to be windows (99% deviation). 15) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level of the East Façade fronting the site interior is 882 square feet. Only square feet, or thirty-seven percent (37%), of the 882 square feet of the required street level windows of the East Façade of the subject building will be windows. Deviation requested: A five hundred fifty-two point four (552.4) square foot deviation to the minimum requirement that at least 60% (882 square feet) of the East Façade of the subject building shall be windows, to allow only square feet of the required street level windows of the East Façade of the subject building fronting the site interior to be windows (63% deviation). 16) LDC Section 6.4(F)(4)(h)(ii), Street Level Façade Standards: Fifty percent (50%) of the street level windows shall be transparent, at the West Façade fronting City Plaza Way (LDC Oviedo Way), with fifty percent (50%) being square feet. The West Façade has only 92 square feet, or seventy-three percent (73%), of the square feet of the required Transparent street level windows. Deviation requested: A thirty-three point three (33.3) square foot deviation to the minimum requirement that at least 50% (125.3 square feet) of the West Façade of the subject building shall be transparent windows, to allow only 92 square feet of the required street level windows be transparent at the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) (27% deviation). 17) LDC Section 6.4(F)(4)(h)(iii), Street Level Façade Standards: The West Façade fronting City Plaza Way (LDC Oviedo Way) is 77.5 feet in length. Only 20.8 feet, or twenty-seven percent (27%), of the 77.5 feet of the required street level frontage of the West Façade of the subject building fronting City Plaza Way (LDC former Oviedo Way) will be 4-foot deep awnings. Deviation requested: A fifty-six point seven (56.7) foot deviation to the minimum requirement that the entire frontage (77.5 feet) of the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) shall have an arcade, awning or other weatherproof cover of at least four (4) feet in depth along its entire frontage, to allow only 20.8 feet of the 77.5 feet of the required street level frontage of the West Façade of the subject building fronting City Plaza Way (LDC Oviedo Way) to be 4-foot deep awnings (73% deviation). Retail/Restaurant Building: 18) LDC Section 6.4(F)(4)(g)(iii)(1), General Façade Standards: A one hundred sixty-one point six (161.6) square feet deviation to the requirement that if the height of a façade exceeds eighteen (18) feet, then at least ten (10) percent of the entire façade shall be windows. The North façade facing Mike Roberto Way of the subject building contains 1,616 square feet, with ten percent (10%) of that being square feet, and we are providing No windows at

8 Page 8 the North Façade facing Mike Roberto Way, as this is their back-of-house & storage within the building, and only five (5) service doors are provided (100% deviation). 19) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level area of the West Façade fronting the site interior is square feet. Only square feet, or thirty-three percent (33%), of the square feet of the required street level windows of the West Façade of the subject building fronting the site interior will be windows. Deviation requested: A five hundred thirty-six point two (536.2) square foot deviation to the minimum requirement that at least 60% (795.6 square feet) of the West Façade of the subject building fronting the site interior shall be windows, to allow only square feet, of the required street level windows of the West Façade of the subject building fronting the site interior to be windows (48% deviation). 20) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level area of the South Façade fronting Mitchell Hammock Road is 1,039.2 square feet. Only square feet, or forty-six percent (46%), of the 1,039.2 square feet of the required street level windows of the South Façade of the subject building fronting Mitchell Hammock Road will be windows. Deviation requested: A five hundred sixty-two point eight (562.8) square foot deviation to the minimum requirement that at least 60% (1,039.2 square feet) of the South Façade of the subject building shall be windows, to allow only square feet, of the required street level windows of the South Façade of the subject building fronting Mitchell Hammock Road to be windows (54% deviation). 21) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level of the North Façade fronting Mike Roberto Way is square feet. There are No Windows, or zero percent (0.0%), of the square feet of the required street level windows at the North Façade of the subject building fronting Mike Roberto Way. Deviation requested: A nine hundred sixty-nine point six (969.6) square foot deviation to the minimum requirement that at least 60% (969.4 square feet) of the North Façade of the subject building shall be No windows (100% deviation). 22) LDC Section 6.4(F)(4)(h)(i), Street Level Façade Standards: Sixty percent (60%) of the street level area of the East Façade fronting the site interior is square feet. Only square feet, or thirty-three percent (33%), of the square feet of the required street level windows of the East Façade of the subject building fronting the site interior will be windows. Deviation requested: A five hundred thirty-six point two (536.2) square foot deviation to the minimum requirement that at least 60% (795.6 square feet) of the East Façade of the subject building fronting the site interior shall be windows, to allow only square feet, of the required street level windows of the East Façade of the subject building fronting the site interior to be windows (48% deviation). Budget Impact: There is no impact to the budget as a result of the proposed Site Development Order. Strategic Impact: The proposed development of Shoppes at Oviedo on the Park is consistent with the Economic and Vitality goal.

9 Page 9 Recommendation: It is recommended that City Council adopt Resolution No Attachments: 1. Location Map 2. Colored Elevations Coffee Shop with drive-through Building 3. Colored Elevations Retail/Restaurant Building 4. City Attorney s Advice on Project Denials Prepared by: Genoveva Fruet, Development Review Manager Reviewed by: Teresa Correa, Development Services Director