L INGO LANE PRO PERT IES ANNEXAT ION

Transcription

1 Staff Report to the Municipal Planning Board September 16, 2014 A N X G M P Z O N I TEM #1 L INGO LANE PRO PERT IES ANNEXAT ION Location Map S U M M A RY Owner Lingo Lane LLC Applicant Richard Frucci, Lingo Lane LLC Project Planner Michelle Beamon, AICP Property Location: The subject property is located south of Pershing Ave and west of Lingo Lane, parcels , and (±3.937 acres, District 2). Applicant s Request: 1. Annex the subject property. 2. Assign the Residential Low Intensity future land use designation. 3. Initial zoning of R-3A/AN Subject Site Staff s Recommendation: Deferral per the applicant s request. Public Comment The petition for annexation is scheduled for the City Council on September 15, Courtesy notices were mailed to property owners within 300 ft. of the subject property during the week of September1, As of the published date of this report, staff has not received any comments from the public concerning this request. Updated: September 9, 2014

2 Page 2 F U TURE LAND USE MAP

3 Page 3 Z O N ING MAP

4 Page 4 P R O JECT ANALYSIS Project Description The subject property is located south of Pershing Ave and west of Lingo Lane, parcels , and The subject property is approximately acres and is currently developed with seven single family homes, four of which are manufactured. The applicant desires to annex this property for a future development of up to 28 residential dwelling units. Upon annexation into the City of Orlando, the property will be in City Council District 2, which is represented by City Commissioner Tony Ortiz. The Orange County future land use designation for the subject property is Low to Medium Density Residential (LMDR) and the associated County zoning is A-2. The applicant has requested the Residential Low Intensity future land use designation and an initial zoning of R-3A/AN. Project Context and Land Use Compatibility The surrounding future land uses and zoning districts are depicted in the table below. The proposed Residential Low Intensity future land use designation and R-3A/AN zoning designation would be compatible with the surrounding uses. Table 1 Project Context Future Land Use Zoning Surrounding Use North Public-Recreation-Institutional PD/AN Ventura Elementary School East Residential Low Intensity R-3A/AN Vacant, future Lingo Cove Apartments South LMDR (within Orange County) R-T-1 Single Family Homes West LMDR (within Orange County) R-3 Single Family Homes Consistency with Chapter 171, Florida Statutes The proposed annexation meets the criteria set forth in Subsection , Florida Statutes, character of the area to be annexed. The property s boundaries are contiguous to the City s boundary, the property is reasonably compact, is not part of another incorporated municipality and will be used for urban purposes. The proposed annexation does not create an enclave. Upon annexation, this property will be in City Council District 2, which is represented by City Commissioner Tony Ortiz. Consistency with Chapter 163, Florida Statutes The proposed GMP amendment is being processed as a small scale amendment to the Official Future Land Use Map in accordance with the requirements of Chapter (3), Florida Statutes. As provided in Chapter 163, small scale amendments require one public hearing before City Council (the adoption hearing) and are not subject to review by the Florida Department of Economic Opportunity Division of Community Planning unless challenged by an affected party within 30 days of the adoption hearing. If not challenged, the amendment is effective 31 days after the adoption. Conformance with the GMP Figure LU-1 of the Future Land Use Element provides standards relating to the Residential Low Intensity future land use designation. The Residential Low Intensity portion of Figure LU-1 states: Maximum Intensity (before bonuses) Minimum Intensity Allowable Uses 12/units/ac. and/or 0.30 FAR None Residential, Public, Recreational & Institutional The applicant is requesting Residential Low Intensity future land use designation. This is compatible with the proposed zoning designation and the existing use on the property, which is single family. Objective 2.3 and Policy of the Future Land Use Element provide standards relating to development outside of activity centers and mixed-use corridors. Policy states: Standards for land use categories outside of activity centers and mixed-use corridors shall be shown in Figure LU-1. The densities and intensities established in Figure LU-1 for land use categories outside of activity centers and mixed use corridors shall not be altered except by amendment of this Growth Management Plan. The intensity of use allowed on land outside of activity centers and mixed use corridors shall be based on: a) Appropriate topography, soil conditions, and the availability of facilities and services; redevelopment and renewal of

5 Page 5 blighted areas; elimination or reduction of uses inconsistent with the community s character and future land uses; protection of natural resources and historic resources; and discouragement of urban sprawl; b) Compatibility with existing development in the area; and c) The public services and facilities which exist or are available to the location, based upon the policies of the Capital Improvement Element and the City s Concurrency Management System. Subarea Policy S.23.4 The subject property is a currently a linear lot accessed through Lingo Lane, a substandard road. Due to the unique site constraints, certain types of development should not be allowed if this property is developed independently. There has been an effort to combine the subject property with the property to the east, this however may be found not to be feasible. Therefore, this subarea policy was developed to ensure that a quality development could be produced in the event that this is developed independently. Subarea Policy S.23.4 The property within this boundary is zoned R-3A/AN. Due to the limited access points available to this site, multifamily development is not allowed unless the property is developed as a unified project with the acre property to the east. If this property is developed independently, single family development is allowed with a minimum lot width of 55 feet. F U TURE LAND USE SUBAREA POLICY S.23.4

6 Page 6 Environmental The Growth Management Plan Conservation Element Policy states that all projects requiring Municipal Planning Board and City Council review shall provide an Environmental Assessment; however, the City shall determine if the submittal is appropriate on a case by case basis. Developments exempt from this requirement includes those located within the Urbanized Disturbed Lands are shown in Figure C-1 of the Conservation Element. A Level B environmental report was submitted with this application. This property lies within the St. John s Water Management District and the site assessment was conducted on July 8, The entire property is classified as low-density residential. This site is mowed, has open grass land and three single family residences and associated sheds. Dominant vegetation includes such types as; bahia grass, Bermuda grass, live oak, long leaf pine, air potato and sword fern. The soils are basinger fine sand, depressional and Smyrna fine sand. Three potentially occupied gopher tortoise burrows were sited, these are a stated-listed threatened species and is protected from harm or harassment. No other state or federally-listed species, or signs of their presence, were identified within or immediately adjacent to the subject site. No jurisdictional wetlands were found on site, therefore a Q-WET rating was not required. There is a large, man-made drainage canal located along the property s southern property but occurs entirely offsite. Public Facilities Analysis State law requires the City to perform a public facilities evaluation for GMP amendments that would increase the allowable density or intensity of a property. The proposed GMP amendment to change the future land use designation to Residential Low Intensity on approximately acres would permit intensities on the subject property more than that permitted under the existing Orange County Low to Medium Density Residential designation. This evaluation assumes that the property is developed at the maximum intensity and density allowed by each future land use category. Typically, sites are developed at a lesser intensity, so these impacts represent an upper limit, rather than a true projection of demand. Each year, the City prepares the Capacity Availability Report (CAR) to identify any surpluses or deficiencies in the ability to provide public services. The CAR also accounts for future population and employment growth consistent with the City s adopted future land use categories. Because the growth associated with this GMP amendment was not included in the growth projections, this analysis is performed to ensure capacity is available to serve the development. Projected Demand Evaluation 1 This evaluation considered the impact of developing the site at the maximum density permitted by the existing Orange County Low to Medium Density Residential future land use designation ( du/acre = 39 du). Evaluation 2 This evaluation considered the impact of developing the site at the maximum density/intensity permitted by the Residential Low Intensity future land use designation ( du/acre = 47 du and FAR = 51,448 sq. ft ). Net Decrease/Increase There is a net increase of nonresidential development of 51,448 sq. ft. and a net increase of residential development capacity of 8 units. *This is a generalized trip generation rate used for tracking purposes, the actual trip generation may be higher or lower. Potable Water (GPD) Table 2 Project Demand Wastewater (GPD) Comm. Parks (Acres) Neigh. Parks (Acres) Transportation (Trips)* Evaluation #1 6,240 9, Evaluation #2 14,208 16, ,659 Net Increase 7,968 6, ,286

7 Page 7 The amount of development included in the evaluations above translates to a total project demand for public facilities shown in the table below. Details about how the above impacts were calculated are available in the City s Capacity Availability Report. Potable Water, Wastewater and Parks The next table summarizes available capacity, existing demand, projected increases in demand from city-wide growth, projected increases in supply (such as from construction of a new facility) and the maximum demand expected from this GMP amendment. The proposed amendment will not adversely impact the level of service for potable water and wastewater. It is also noted that the property lies within the County wastewater area and outside of the OUC water and electric service areas. Table 3 Available Capacity Potable Water (MGPD) Wastewater (MGPD) Comm. Parks (Acres) for CPS 6 There is sufficient capacity available in the Community Park category, however the Neighborhood Park category is currently deficient. This deficit is largely due to the loss of a park site at McCoy Elementary School. The school was recently remodeled, and the new configuration is not conducive to operating FPR programs. The joint use agreement between OCPS and the City is no longer in place, so this acreage can no longer be counted toward meeting park LOS standards. Recreation Policy states that If no developable land is available for parks in a neighborhood park service area exhibiting measurable unmet demand, suitable alternate sites in adjacent service areas shall be identified and developed as appropriate. Such sites may be used to satisfy the minimum acreage requirements for that service area for the purpose of concurrency. Adjacent NPSA 17 has surplus capacity of acres, thus allowing NPSA 18 to borrow capacity and technically meet LOS. Because NPSA 18 serves over 8,000 people, and the parks in NPSA 17 are across Semoran Boulevard, this solution is not optimal over the long term. As described in more detail in the Capacity Availability Report, additional options are available and will be explored over the coming years. Stormwater and Solid Waste The City s adopted stormwater level of service standards require new development to provide on-site stormwater retention and/or detention consistent with the requirements of the South Florida River Water Management District. Therefore, each increment of new development, if properly permitted, will meet the stormwater level of service standard. Solid waste collection is funded by user fees, therefore any new customers generate revenues sufficient to fund any capital costs. Therefore, a solid waste capacity analysis was not performed. Transportation The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide, substituting transportation concurrency with mobility management strategies; therefore, the City requires all development projects to support a multi-modal transportation system. This site has access to Pershing Road (a County Road) via Lingo Lane, which is a substandard road. Capital Improvement Program The City has no Capital Improvement Program (CIP) projects in the vicinity of the subject site. Neigh. Parks (Acres) for NPSA 18 Capacity Reported Demand Projected increase in Demand Projected increase in Supply Demand from GMP Net Available Capacity (6.64) School Capacity Orange County Public Schools (OCPS) has two school review processes. The Capacity Enhancement Process (CEP) applies to land use approvals, including GMP amendments, that increase residential density. The concurrency process applies to all residential development that is not de minimis or previously vested through a DRI Development Order or other agreement. The proposed future land use category allows 8 more units than the adopted County FLU category. The interlocal agreement requires a CEP if the proposed amendment increases the number of units by 10 or more. This project is therefore exempt from CEP but is subject to school concurrency. The chart on the following page shows the previous school year enrollment for the respective schools assigned to this site and the number of students generated by the proposed development.

8 Page 8 ES MS HS Schools School Capacity Table 4 School Capacity Student Enrollment Utilization LOS Standard Students Generated Conformance with the LDC The subject property currently has an Orange County zoning classification of A-2. The property owner is requesting an initial zoning of R-3A/AN, which is consistent with the proposed Residential Low Intensity future land use designation. The proposed use and density is also compatible with the R-3A zoning designation. The R-3A zoning district has no minimum density and a maximum density of 12 dwelling units per acre and is intended to provide for flexibility in building and site design in locations where residential development or redevelopment is desired at a moderate intensity. While the proposed development is for up to 28 dwelling units, other permitted uses allowed in the R-3A zoning district are; assisted living facility, attached dwellings, average lot one family and duplex, cluster development one family and duplex, conventional development one family and duplex or tandem, designed community, emergency home/child, family day care, group housing low intensity, mobile home, multi-family, zero-lot line one family and duplex, conservation uses and school elementary and middle. Front Setback (ft) Table 5 Development Standards for R-3A Side Setback (ft) Street Side Setback (ft) Rear Setback (ft) Maximum Non- Residential Floor Area Ratio (FAR) Maximum Impervious Surface Ratio (ISR) R-3A Building Height (ft) The subject property is within the Airport Noise (AN) Overlay District. Section of the Land Development Code states: The purpose of the Aircraft Noise Overlay District is to protect the health, safety, and welfare of persons and property in the vicinity of the OIA and OEA. Aircraft noise may be considered annoying, objectionable, or unhealthy to residents in the community surrounding the airports. The AN Overlay district is intended to reduce noise and safety hazards associated with aircraft operations, to preserve the operational stability of the airports, and assist in the implementation of policies and recommendations found in the City's Growth Management Plan and in appropriate FAA sponsored Part 150 Studies. The requirements found in the AN Overlay District are intended to supplement all other zoning districts in which land may be classified, and the various Chapters of the City Code which might impact on aviation and land development, including, but not limited to, safety, fire, building, and health codes. However, to the extent that any provision of this Part conflicts with another code or ordinance, the provisions of this Part shall govern and control. The subject property is within Zone D of the AN overlay district. Section of the Land Development Code provides information regarding the sound level requirements for structures and buildings.

9 Page 9 Site Photos Subject property, showing Lingo Lane. Subject property, showing the west property line.

10 Page 10 F I N DINGS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of the annexation, future land use and zoning applications contained in Chapter 65 of the Land Development Code (LDC): 1. The proposed annexation meets the annexation criteria set forth in section , Florida Statutes. 2. The proposed Future Land Use Map amendment is consistent with State Comprehensive Plan (Chapter 187, Florida Statutes). 3. The proposed Future Land Use Map amendment is consistent with the East Central Florida Strategic Policy Plan. 4. The proposed Future Land Use Map amendment is consistent with the provisions of Chapter 163, Part II, Florida Statutes. 5. The proposed Future Land Use Map amendment is consistent with the objectives and policies of the City s adopted Growth Management Plan (GMP); particularly Figure LU-1 and Policy The proposed annexation, Future Land Use Map amendment and initial zoning are consistent with the purpose and intent of the requirements of the Land Development Code. 7. The proposed Future Land Use Map amendment and initial zoning are compatible with the surrounding development pattern. 8. The proposal will not result in demands on public facilities and services that exceed the capacity of such facilities and services since it is subject to Chapter 59 of the City Code, the Concurrency Management Ordinance. Staff recommends approval of the annexation, GMP Future Land Use amendment and initial zoning subject to the conditions below: C O N D ITIONS OF A PPROVAL City Planning 1. DENSITY OF DEVELOPMENT Development of the subject property at densities/intensities higher than what is permitted by the Orange County zoning designation shall not be permitted prior to the effective date of this GMP amendment. 2. GENERAL CODE COMPLIANCE Development of the proposed project shall be consistent with the conditions in this report, and all codes and ordinances of the City of Orlando, the State of Florida, and all other applicable regulatory agencies. All other applicable state or federal permits must be obtained before commencing development. 3. SCHOOLS Hold for OCPS comment. 4. GOPHER TORTOISE SURVEY The applicant shall complete a 100% gopher tortoise survey and submittal to Florida Fish & Wildlife Commission (FWC) for a relocation permit at least 90 days prior to commencement of work on-site. 5. SUBAREA POLICY Subarea Policy S.23.4, as shown on page 5 of this report, shall be included in the GMP ordinance to address the future site development. Engineering/Zoning 1. CONCURRENCY MANAGEMENT All new construction, change in use, additions, or redevelopments are required to submit a Concurrency Management application as a part of the building plan review process. I N F O R M AT I O N A L COMMENTS Transportation Planning The Transportation Planning Division supports the owner's request for annexation, zoning and future land use designation. The owner has been notified that the ultimate development plan will need to meet the provisions of City Code and that some specific land uses allowed by zoning may not be fully achievable on this parcel. Transportation Impact Fees 1. Any new construction, change in use, addition, or redevelopment of a site or structure shall be subject to a review for Transportation Impact Fees. A Transportation Impact Fee assessment will be done at the time of building permit review. This fee will be calculated based on the proposed building's use and gross square footage, as submitted in the final permit set of plans. Any ad-

11 Page 11 ditional Transportation Impact Fees assessed on this project shall be due prior to building permit issuance. For a copy of the complete ordinance or impact fee rate chart, you may reference our website at: Transportation/ifees.htm 2. The applicant shall comply with all applicable requirements of Chapter 59, the Concurrency Management Ordinance, to ensure that all public facilities and services are available concurrent with the proposed development, and that the potential impacts on public facilities and services are mitigated. All new construction, changes in use, additions or redevelopment are required to submit a Concurrency Management application as a part of the building plan review process. A Concurrency Management application is available on the City's website: 3. The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide, substituting transportation concurrency with mobility management strategies; therefore, the City requires all development projects to support a multi-modal transportation system. All development within the City, including new development, redevelopment, changes in use, and expansion of existing uses, shall mitigate their transportation impacts by incorporating Transportation Mitigation Strategies. In addition to the Concurrency Management application, applicants are required to submit a Request for Mobility Management Determination application, as part of the development review process. Approval of these applications shall not be deemed to provide any vested rights. For additional information or to obtain a Mobility Management Determination application please contact Gus Castro at: Transportation Engineering The Transportation Engineering Division supports the applicant's request provided that the owner/applicant complies with the following: 1. If Lingo Lane is to be maintained by the City or Orlando, a 60 foot ROW dedication will be required, if it is to be a private road, it must be platted as such. In either case Lingo Lane will be constructed to City of Orlando ESM standards. Engineering/Zoning The following are conditions for future board action and/or development of the subject site. 1. All future elevation shown on a boundary/topographic survey shall use the North American Vertical Datum of 1988 (NAVD 88). 2. This site is located within a floodplain. The finished floor elevation must be one (1) foot above the 100' flood elevation. 3. In accordance with Federal Emergency Management Act (FEMA), a letter of map revision maybe required from the owner or engineer as part of development of this site. 4. This property is required to replat in accordance with Section of the City's Land Development Code prior to the issuance of building permits. 5. Per the Orlando-Orange County Wastewater Territorial Agreement the subject property is located within Orange County's territorial service area. The site will be serviced by Orange County Public Utilities. 6. A valid survey is required to be submitted with the Final Plat and Engineering Plans that is signed and sealed by a license PSM. The survey provided with this application is invalid. Parks 1. PARK LAND Lingo Lane is located in Neighborhood Park Service Area 18, which has a deficit in the level of service. Therefore, developer will be required to provide land to the City for a park or provide comparable amenities on site. The size will be dependent on the number of residential units planned for the site and will be determined when future development plans are submitted. Building Building Plan Review is not applicable to this case at this time. The building design will be reviewed for code compliance during the design development and construction documents phase. Police The Orlando Police Department has received plans for the annexation of property located in the 2800 block of Lingo Ln. A CPTED plan review is not applicable to this case at this time. We encourage developers and property owners to incorporate CPTED strategies in their projects. A brochure entitled Crime Prevention Through Environmental Design, Your Guide to Creating a Safe Environment, which includes crime prevention techniques for various land uses, is available by . Although this project, in and of itself, will not significantly impact police services, the continued increase in development, both residential and commercial, will undoubtedly require an increase in police staffing over the long term.

12 Page 12 C O N TACT INFORMAT ION City Planning For questions regarding City Planning review, please contact Michelle Beamon at or michelle.beamon@cityoforlando.net. Transportation Planning For questions regarding Transportation Planning plan review, please contact John Rhoades at or john.rhoades@cityoforlando.net Transportation Impact Fees For questions regarding Transportation Impact Fee Rates, please contact Nancy Ottini at or nancy.jurusottini@cityoforlando.net Police For questions regarding Orlando Police Department plan review, please contact Audra Nordaby at or Audra.Nordaby@cityoforlando.net. Building For questions regarding Building Plan Review issues contact Don Fields at or don.fields@cityoforlando.net. Fire For any questions regarding fire issues, please contact Jack Richardson at or at jack.richardson@cityoforlando.net. Parks For questions regarding Parks review, please contact Justin Garber at or justin.garber@cityoforlando.net. Engineering/Zoning For questions regarding Engineering/Zoning, please contact Keith Grayson at or keith.grayson@cityoforlando.net R E V I E W/APPROVAL PROCESS NEXT STEPS 1. Staff forwards annexation, GMP, initial zoning ordinance requests to City Attorney s Office. 2. City Council approves the MPB minutes. 3. First reading and Second reading of the Annexation, GMP and Zoning Ordinance. 4. The ordinance becomes effective after 31 days.