Location Map S U M M A RY A N X G M P G M P Z O N I TEM #6.

Transcription

1 Staff Report to the Municipal Planning Board October 20, 2015 A N X G M P G M P Z O N I TEM #6 BLACKFIN SHOPPES Location Map Subject Site S U M M A RY Owners Edgar Yates Colleen Yates, Clifton Ackerman & Joy Ackerman Applicant Javier Omana CPH, Inc. Project Planner Colandra Jones, AICP Updated: October 2, 2015 Property Location: The subject property is located west of Narcoossee Road, north of Tavistock Lakes Boulevard, and south of Tyson Road (±14.63 acres, District 1). The address is Narcoossee Road. (PID: ) Applicant s Request: 1. Annex the subject property. 2. Assign the Urban Village and Conservation future land use designations. 3. GMP amendment to add subject property into the Southeast Orlando Sector Plan Subarea Policy S Initial zoning of PD for 37,000 square feet of mixed use development. Staff s Recommendation: Approval of the request, subject to the conditions in this report. Public Comment The petition for annexation was approved by the City Council on September 21, Courtesy notices were mailed to property owners within 400 ft. of the subject property on October 9, As of the published date of this report, staff has not received any comments from the public concerning this request.

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 in unincorporated Orange County west of Narcoossee Road, north of Tavistock Lakes Boulevard, and south of Tyson Road and is approximately acres in size. The subject property currently has a cell tower on site and is used as a tree farm. The applicant is proposing to develop the property with a mixed use development. Upon annexation into the City of Orlando, the property will be in City Council District 1, which is represented by City Commissioner Jim Gray. The Orange County future land use designation for the subject property is Rural/Agricultural and the associated County zoning is A- 2. The applicant has requested the Urban Village & Conservation future land use designation and PD zoning. The applicant has also requested to be included within the Southeast Orlando Sector Plan. The applicant is proposing a 37,000 square foot mixed use development. Project Context and Land Use Compatibility As shown in the table below, the surrounding uses include Lake Nona High School to the north, Conservation to the west, the Lake Nona Gateway office building and Conservation to the south, and Eagle Creek single family residential neighborhood and golf course to the east located in the County. The proposed Urban Village designation would be compatible with the surrounding uses. Table 1 Project Context Future Land Use Zoning Surrounding Use North Urban Village PD Lake Nona High School East PD (Orange County) PD (Orange County) Single Family Residential & Golf Course South Urban Village & Conservation PD Lake Nona Gateway Office & Wetlands West Conservation PD Primary Conservation Network 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 northern, western, and southern boundary is contiguous to the City s boundary, the property is reasonably comp act, is not part of another incorporated municipality and is used for urban purposes. The proposed annexation will not create a new enclave. Consistency with 163, Florida Statutes The proposed GMP amendment is being processed as a large scale amendment to the Official Future Land Use Map in accordance with the requirements of Chapter (3), Florida Statutes. As provided in Chapter 163, large scale amendments require two public hearings before City Council and are subject to an expedited state review process by the State Department of Economic Opportunity Division of Community Planning and other regional agencies. This application is currently scheduled for the Winter 2016 Cycle of GMP amendments. Conformance with the GMP Urban Village Future Land Use Designation Objective 2.4 and Policy of the Future Land Use Element provide standards relating to the Urban Village future land use designation. A portion of Policy states: The Urban Village future land use designation provides for a mixture of land uses and intensities within a development site in order to preserve conservation areas, to reduce public investment in provision of services, to encourage flexible and creative site design and to provide sites for schools, recreation and other public facilities which provide an area-wide benefit to the community. The Urban Village future land use designation is specifically intended to provide a means of streamlining the development review process where a DRI, a Sector Plan, and/or Master Plan, have already fully accounted for the impacts of development. The designation shall be structured to ensure that the Urban Village are compatible with existing or projected surrounding land uses, taking into consideration environmental constraints, health and safety issues, and the appropriateness and potential impact of the Urban Village on adjacent existing and future land uses. Environmental Conservation Element Policy states that all projects requiring Municipal Planning Board and City Council review shall provide an Environmental Assessment. Developments exempt from this requirement includes those located within the Urbanized Disturbe d Lands are shown in Figure C -1 of the Conservation Element. According to Figure C-1 of the Conservation Element, the subject property lies outside the Urbanized Disturbed Land area. A Level C Environmental Assessment was performed. Of the acres, approximately 7.55 acres are part of the Primary Conservation Network within the Southeast Orlando Sector Plan. The future land use designation for this portion of wetlands will be Conservation. According to the Environmental Assessment, wetland impacts are not proposed.

5 Page 5 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 Urban Village would permit densities on the subject property more than that permitted under the existing County Rural/Agricultural future land use 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. The applicant is requesting to be included within the Southeast Orlando Sector Plan, which has provisions within Future Land Use Element Goal 4 and associated objectives and policies within the Growth Management Plan. In terms of the amount of development allowed within the Southeast Orlando Sector Plan, a portion of Policy states the following: The Southeast Orlando Sector Plan area shall accommodate approximately 13,300 residential units, 2.1 million square feet of retail, 3.3 million square feet of office, 1,950 hotel rooms, 4.7 million square feet of industrial space, and 600,000 square feet of civic/government space by the year The corresponding Southeast Sector Plan land use designation which will be applied to the subject property will be Village Center and Conservation. According to Future Land Use Policy 4.1.9, the allowable uses in the Village Center designation is retail, services, grocery, restaurants, cinema, gas stations, offices, hospitals, single family and multi-family residential, civic and other uses consistent with the City s AC -1 zoning district. 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. The applicant is proposing a mixed use development that would total 37,000 square feet. Projected Demand Evaluation 1 This evaluation considered the impact of developing the site at the maximum density/intensity permitted by the existing Orange County Rural/Agricultural future land use designation ( du/10 ac = 1 du). Evaluation 2 This evaluation considered the impact of developing the site at the maximum density/intensity permitted by the proposed development program (37,000 square feet on acres). Net Increase The net increase of non-residential development is 37,000 square feet. 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 (GPD) Wastewater (GPD) Comm. Parks (Acres) Neigh. Parks (Acres) Transportation (Trips) Evaluation # Evaluation #2 4,810 3, ,589 Net Increase 4,485 3, ,579 Potable Water, Wastewater and Parks The table below 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. Potable Water Wastewater (MGPD) (MGPD) Comm. Parks Neigh. Parks (Acres) for (Acres) for CPS 5 NPSA 24 Capacity Reported Demand Projected increase in Demand Projected increase in Supply Demand from GMP Net Available Capacity

6 Page 6 GMP Future Land Use Policy requires residential development to provide at least acres of community parks, acres of neighborhood parks, and acres of other open space per unit. This proposed amendment will not adversely impact the level of service for parks. 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 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. Therefore, the City requires projects to support the multi-modal transportation system. The subject property is located in 2030 Transportation Analysis Zone 988, Transportation Area 13, and Transportation Mobility Area C. Projects generating 1,000 trips or more per day are required to submit a transportation study and mitigate for impacts to the roadway network. According to the Projected Demand chart on the previous page, the net increase in trips exceeds the 1,000 trip threshold, therefore a transportation study is needed at the time of master plan. Capital Improvement Program The City has no Capital Improvement Program (CIP) projects that directly affect the subject site. 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 applicant is not proposing any residential at this time. Future Land Use Subarea Policy S.35.4 Southeast Orlando Sector Plan Subarea Policy The applicant is requesting that the subject property be included into the Southeast Orlando Sector Plan. Future Land Use Subarea Policy S.35.4 will encompass the subject property. This subarea policy states: The properties within the boundary of this Subarea Policy are located within the Southeast Orlando Sector Plan area. The provisions specified in Future Land Use Policy 2.4.4, Goal 4 and associated objectives and policies shall apply within this area. According to Future Land Use Policy 4.1.9, which outlines standards in the Southeast Orlando Sector Plan, allows the Urban Village future land use designation. Projects that utilize the Urban Village designation shall be developed under the Planned Development (PD) zoning classification, as specified by the City s Land Development Code. The applicant is requesting a PD zoning for the subject site. 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 PD, which is consistent with the proposed Urban Village future land use designation. Section of the LDC requires that all rezonings and/or initial zonings be in conformance with any applicable substantive requirements for Chapters 58 through 66 of the LDC. PD Planned Development District Section of the LDC identifies the purpose of the PD district as follows: The PD District is intended to provide a process for the evaluation of unique, individually planned developments which are not otherwise permitted in the zoning districts established by Chapter 58. The PD District is to be a voluntary process commenced by an applicant for such zoning designation. The standards and procedures of this district are intended to promote flexibility of design and permit planned diversification and integration of uses and structures, while at the same time retaining in the City Council the absolute authority to establish such limitations and regulations as it deems necessary to protect the public health, safety and general welfare. Chapter 68 Southeast Orlando Sector Plan In order to be consistent with the Southeast Orlando Sector Plan, specific parcel master plan applications must be reviewed for compliance with LDC Chapter 68, which lays out the detailed development guidelines and standards for the Southeast Plan area. The proposed development will retain the Village Center designations.

7 Page 7 According to LDC Section (a) (2), Village Center/Urban Transit Center (VC/UTC District) is described as such: Village Center districts shall be developed as important destinations for each Residential Neighborhood, providing a variety of shops, services, restaurants, and civic facilities that serve the needs of the surrounding neighborhoods. The property shall be required to submit SPMPs to the SETDRC to determine if the development is consistent with LDC Chapter 68. Composition of Land Uses According to Future Land Use Policy 4.1.9, there are detailed guidelines and standards for various Southeast Sector land uses. The chart below outlines the composition of mix requirements for the Village Center land use. Land Use Minimum Land Area Required Maximum Land Area Required Residential 25% 40% Commercial/Retail/ Service 20% 60% Office 10% 25% Public and Civic 10% No Maximum Overall Non-Residential 30% 60% Public Parks/Green Space 5% No Maximum The maximum land area for non-residential shall not exceed 60%. This property will expand the size of the Village Center to the north and south. Together, these areas include a mix of residential, civic and commercial uses and meet the intent of this policy. A E R IAL PHOTO

8 Page 8 PD FRAMEWORK PLAN Subject to review and approval by OCPS The above PD framework plan depicts the property that shows the developable portion and the wetlands. It has an existing cell tower on the south portion of the site that will remain. Two right-in/right-out access points along Narcoossee Road are proposed. The plan also depicts a cross access easement to the driveway of Lake Nona High School to the north of the property. According to Transportation Planning s conditions (page 10), the applicant must have permission from Orange County Public Schools (OCPS) to have t his access point. OCPS has expressed that it will not permit a cross access easement onto the driveway that serves Lake Nona High School. OCPS believes that the proposed right-in/out with left-in access is an unsafe condition and due to the growing population of the high school and high car ridership and student drivers, this proposed access will not accommodate the school s traffic pa ttern. The PD framework plan shall be revised to indicate that the proposed cross access and right turn lane on the north side of the property are subject to review and approval by OCPS.

9 Page 9 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 the 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, Future Land Use Objective 2.4, Policy and Figure LU 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 Map 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 future land use designation shall not be permitted prior to the effective date of this GMP amendment and initial zoning. 2. GENERAL CODE COMPLIANCE The proposed project shall be developed consistent with the conditions in this report, the attached development plan, and all codes and ordinances of the City of Orlando, the State of Florida, and all other applicable regulatory agencies. 3. CONCURRENCY All elements and components of this development shall be subject to Chapter 59, the Concurrency Management Ordinance of the City of Orlando. Approval of this application shall not be deemed to provide any vested rights. 4. DEFAULT ZONING DISTRICT For any requirements not specifically addressed in the PD ordinance, the regulations of the Village Center zoning district shall apply. 5. PROHIBITED USES The following uses shall be prohibited: a. Treatment/Recovery Facilities; b. Tattoo, body art or body piercing establishments; c. Fortune telling, tarot card reading, palm reading and psychic services establishments; d. Check cashing facilities (facilities which deal primarily in the issuance of cash advances based upon receipt of future wages, commonly known as "payday loans" or "payday advances."); e. Funeral Home; f. Adult Entertainment; g. Flea Markets; h. Bottle Clubs; i. Car title loan facilities; j. Temporary Labor Facilities; k. Whole Blood Facilities; l. Wholesale/Warehouse; 6. MODIFICATIONS Major modifications to the development plan or standards set forth herein shall follow the amendment procedures for Development Plans as set forth in Chapter 65, Part 2E, LDC. The Planning Official or his designee shall be authorized to permit minor changes to the Development Plan in conformance with the intent and purpose of the GMP and the LDC without further review by the Municipal Planning Board (MPB) or City Council. The changes shall not exceed the maximum standards of the GMP and LDC.

10 Page 10 C O N D ITIONS OF A PPROVAL City Planning (cont.) 7. ORDINANCE PREPARTION MPB recommendation of the conditions contained herein is subject to review by the City Attorney's Office for legal sufficiency and drafting of implementing documents. 8. SOUTHEAST ORLANDO SECTOR PLAN All development shall be reviewed by the SETDRC through the Specific Parcel Master Plan process. All elements and components of this development shall be subject to Chapter 68, the City of Orlando s Southeast Sector Plan, unless otherwise state d or approved by the SETDRC. 9. APPEARANCE REVIEW Appearance Review shall be required to ensure the project is developed in general conformance with the approved building elevations and landscaping as proposed during SPMP review. Transportation Planning 1. EASEMENT DEDICATION A Cross Access easement to the existing parcel to the north is not required unless OCPS grants permission for the applicant to access the Lake Nona High School driveway. Cross Access easements are not required to the south or west due to the conservation/wetlands area that borders the subject property. 2. DRIVEWAY DESIGN The driveway onto OCPS property and the proposed Right-Turn lane onto Narcoossee Road shown on the partial site plan submitted with these applications are not approved or endorsed by the City of Orlando and shall be stricken from all future site plan submittals unless such submittals have written permission from OCPS for these features attached. I N FORMAT IONAL COMMENTS Engineering/Zoning 1. CONCURRENCY 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. 2. DEVELOPMENT CONDITIONS At the time of future development the following conditions will apply to the development of the site: All propose mechanical equipment must be properly screened from view in accordance with Chapter 58, PART 5B (18). Mechanical Equipment; Section of the Land Development Code. 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 copies provided with this application are not signed and sealed. All future elevation shown on a boundary/topographic survey shall use the North American Vertical Datum of 1988 (NAVD 88). This property is required to plat in accordance with Section of the City's Land Development Code prior to the issuance of building permits. Any construction within the Narcoossee Road (SR 15) right of-way of will require Florida Department of Transportation (FDOT) approval/permit prior to construction. The site be serviced by Orange County via a16" force main within the right-of-way of Narcoossee Road. Therefore, future sanitary sewer service shall be coordinated with Orange County Utilities.

11 Page 11 I N FORMAT IONAL COMMENTS Police The Orlando Police Department has no objections to the zoning request for the 14 +/- acres referred to as Blackfin Lake Nona, located around Narcoossee Rd. A complete CPTED review will be completed when detailed development plans for the site are submitted to the City. We encourage developers to incorporate CPTED strategies in these projects with special attention to lighting, landscaping and public art. 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 . Building Building Plan Review is not applicable to this case at this time. C O N TACT INFORMAT ION City Planning For questions regarding City Planning review, please contact Colandra Jones at or colandra.jones@cityoforlando.net. Transportation Planning For questions regarding Transportation Planning plan review, please contact John Rhoades at or john.rhoades@cityoforlando.net Engineering/Zoning For questions regarding Engineering or Zoning contact Keith Grayson at or keith.grayson@cityoforlando.net. Police For questions regarding Orlando Police Department plan reviews, please contact Audra Nordaby at or audra.nordaby@cityoforlando.net. Building For questions regarding Building Plan Review issues contact Don Fields at (407) or don.fields@cityoforlando.net. R E V I E W/AP P R O VA L PROCESS NEXT STEPS 1. City Council approves the MPB minutes. 2. Staff forwards annexation, GMP, initial zoning ordinance requests to City Attorney s Office. 3. First reading and Second reading of the Annexation Ordinance. 4. The ordinance becomes effective after 31 days. 5. The First reading of the GMP ordinance. 6. Transmittal package of GMP sent to Florida Department of Economic Opportunity (DEO) for review. 7. The Second Reading of GMP ordinance. 8. The ordinance becomes effective after 31 days. 9. The First and Second Reading of PD zoning ordinance. 10. Application requests for Specific Parcel Master Plans before the SETDRC.