Lake Pickett North Project / University Area Community District

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1 Overview: Justification Statement for Lake Pickett North Project / University Area Community District In the last decade several attempts have been made to analyze areas within East Orange County east of the Econ River for potential increase of the density and intensity of land uses, including the applicant s project area, now known as Lake Pickett North (LPN) and formerly referred to as the Rybolt Property. The LPN project is comprised of approximately 1,436± gross acres with approximately 1,000± acres of developable uplands. The LPN project area boundaries are Seminole County to the north, Lake Pickett Road to the south, Chuluota Road (C.R. 419) to the east, and South Tanner Road and the Econ River to the west. The LPN project is within the County s Rural Service Area and currently has a Rural Future Land Use Map ( FLUM ) designation. The Rural FLUM designation allows only minimal - 1 -

2 public services and development opportunities. Current zoning associated with the LPN project is Rural A-2, allowing for only agricultural uses and single family development at a density of 1 unit per 10 acres. Historically, the Econ River has served as the demarcation between the Urban Service Area and the Rural Service Area, but a significant amount of urban style development has been approved within in the existing Rural Settlements farther east. The LPN project is not eligible for inclusion in the Urban Service Area or for inclusion in a Rural Settlement because of existing comprehensive plan policies. The Rybolt Property has been the subject of prior requests for a change in the FLUM designation to allow increased densities and non-residential uses. As demonstrated in the prior applications, the land that comprises the LPN project area has well-defined wetlands and a limited amount of other environmentally sensitive land areas, since all of the land adjoining the Econ River has been previously sold to the St. Johns River Water Management District (SJRWMD), and the predominant use of the remaining land has been for pastures and cattle grazing. Continued Growth: Although located outside the County s Urban Service Area, considerable evidence has been provided and memorialized that demonstrates the County s prior approval of urban densities and services within the Corner Lakes and Bithlo Rural Settlements. Traditional suburban neighborhoods and commercial / retail uses have been developed along Lake Pickett Road and Highway 50. Public services have been provided, including the extension of some utilities at County expense, a substantial public community center with multiple athletic fields, and several public schools. The primary prevailing influence in close proximity to the LPN project area is the continued growth of the University of Central Florida ( UCF ), Central Florida Research Park ( CFRP ), and The Quadrangle Corporate Park ( The Quadrangle ). With over 59,000 students and 10,000 employees, UCF, standing alone, is a huge economic engine for Orange County and the region. UCF is no longer primarily a commuter school. The past five years have brought expanded housing opportunities on and in close proximity to the campus, expanded main campus teaching facilities, expanded on-campus student amenities, and a new stadium. CFRP is the seventh largest research park in the nation. It is expanding with continued growth in the high-tech industry and with simulation and training services for the U.S. Military. The Quadrangle is a 473-acre mixed-use development that included residential, retail and office uses that support the surrounding community and UCF s main campus. The Quadrangle contains a number of large employers, including Siemans, UCF College of Medicine s Pegasus Health, Imagine Unlimited and Engineering & Computer Simulations, Inc. The continuing expansion of UCF, CFRP and The Quadrangle requires increased services and facilities, as demonstrated by the proliferation of 2

3 commercial / retail establishments along Alafaya Trail and University Boulevard. The expansion of UCF, CFRP and The Quadrangle has also generated the need for additional residential communities close to these employment centers to serve the substantial number of employees who work at them. It is clearly time for the County to recognize that the existing comprehensive plan policies have done a poor job of managing growth east of the Econ River and have resulted in large areas of urban sprawl with inadequate services in the County s designated Rural Service Area. The County s comprehensive plan needs a new future land use designation and supporting goals, objectives and policies to provide for a transition of densities and intensities in the large area sandwiched between the Econ River and the Rural Settlements. In addition, several of the existing comprehensive plan policies must be revised so that they will not create inconsistencies with the new transitional future land use designation. LPN Proposal: The LPN development program will include a mix of residential uses. Orange County is currently evaluating certain privately initiated text amendments to the comprehensive plan that have been proposed by an applicant representing 1,300 acres of vacant land located immediately south of Lake Pickett Road and contiguous to the LPN project area. These text amendments, if approved, would create a new comprehensive plan FLUM designation called University Area Community ( UAC ) to be used for land located east of the Econ River and west of the Rural Settlements. The UAC proposal is intended to supersede a prior proposal for a FLUM designation called Rural Transition or RT. Although the name has been changed, the majority of the proposed UAC text amendments are identical to the previously proposed RT text amendments. One significant difference is that the RT designation proposed a residential density of 2.6 units per usable acre, while the UAC designation would increase this residential density to 3.4 units per usable acre. Both the RT and the UAC proposed policies provide for communitystyle planning and performance standards, including clustering, interconnectivity, amenities, and a significant percentage of open space. The intent is to allow increased densities and avoid the urban sprawl development patterns that have occurred to date in some areas of the Rural Settlements. No matter what name is eventually used, a transitional land use designation is needed for this part of the County. The LPN project team would like to work with staff and the other applicant to finalize appropriate Goals, Objectives and Policies that will be used to implement the new transitional land use designation. 3

4 Suggested Revisions to Previously Submitted UAC Text Amendment: (Proposed edits are shown in bold font. Some changes are minor clean-ups, others are substantive.) The LPN project team supports the previously submitted UAC provisions with the revisions noted below. Added text is shown by underlining; deleted text is shown by strikethroughs. Policy Transition. Contextual treatment of the edges of an a UAC designation is a critical element in the review and approval of this designation. Boundaries of the UAC shall be appropriately buffered from new development as provided for within the required PD Regulating Plan at the time of adoption. Existing County roads shall be buffered or, alternatively, the lots adjacent to said roads shall be compatible in size (i.e acreage) with the existing lots what provide lots of the same size as occurs on the roadway (the exception is for community centers found in Policy 6.4.3). Compatibility metrics include residential density, site design, site lighting, noise and/or buffer treatments such as plantings, storm water facilities or agricultural uses. It is incumbent on the UAC applicant to demonstrate adjacent land compatibility in the PD application on a site by site basis and not rely on the minimum standards of the Planned Development standards in the Land Development Code. Policy Development Form UAC designation is predominantly a residential designation organized by descending scale areas starting with a Communities comprised made of Neighborhoods with the opportunity for a single mixed use Community Center per Community. Policy (c) Community Centers. Community Centers are mixed use areas permitted to include commercial, employment, residential, lodging and civic uses. Non-residential development shall be permitted only in community center(s) as follows: One Community Center shall be permitted for every 600 homes within the UAC RT designation. Community Centers shall be located internal to the UAC RT community or may be located on an UAC RT edge if located on at least a four lane existing road with no other non-residential uses within a quarter mile measured from the edge of the existing commercial property to the edge of proposed commercial property in a straight line. A distinct open space suited for community gatherings shall be provided. The size of the open space shall be evaluated in conjunction with incumbent upon the size of the nonresidential uses and as provided for within the required PD Regulating Plan at the time of adoption. Complete streets and trails shall connect non-residential development to the residential neighborhoods. Dwellings shall be permitted but not required above ground floor non-residential uses. 4

5 Policy (d) Community Center Scale. The total amount of permitted non-residential use is based upon 50 square feet of non-residential uses for every home in the entire UAC RT. There is no minimum amount of non-residential uses required in a Community Center. However, each Community Center community center shall be limited to a maximum of 50,000 square feet of non-residential uses with an exception for a center that adjoins a designated high capacity corridor. The latter type of Community Center community center shall be permitted up to a maximum of 200,000 square feet. The maximum area for a Community Center is 35 net acres or 60 acres adjacent to a designated high capacity corridor such as SR 50. Schools, parks, community gardens, day care, civic or similar uses shall not be counted in determining the maximum square footage of non-residential uses. Policy (e) Interconnectivity. Neighborhood local streets shall interconnect with other neighborhood local streets with an intersection density of 0.18 or greater per neighborhood acre. Within each PD PSP application, each residential neighborhood will be measured for intersection density by dividing the number of intersections shown within the PSP by the net developable acreage of the neighborhood (excluding storm water management facilities). Policy (f) Neighborhood Development Form Details The following design principles must be included and demonstrated in a PD application: A mix of housing and neighborhood types. A strong pedestrian orientation. Multi-modal transportation facilities of complete street, interconnected neighborhoods and a community trail system. Green infrastructure of low impact development storm water management and habitat preservation/creation. Neighborhood scale development based upon the pedestrian shed. Demonstrate a jobs-to-housing balance including existing jobs within a 10-mile radius in the vicinity. Strong compatibility measures for transition to the existing surrounding land. Inclusion of interim or permanent agricultural uses including community gardens. Policy The interconnected open space system shall have two primary components, and both shall be delineated as part of the UAC PD Regulating Plan. The first component shall include any element of the system associated with a transition buffer intended to address compatibility of the UAC PD Regulating Plan with adjoining properties that are not part of the UAC future land use designation. Following approval of the UAC PD Regulating Plan, any proposed change to a designated transition buffer shall require an amendment of the Plan approved by the Board of County Commissioners Commissioner s. 5

6 The second component of the system will encompass the remainder of the required interconnected open space system. Any proposed amendments to the second interconnected open space system component may be reviewed and approved by the Development Review Committee. However, no amendment to the system shall be approved that would reduce the area requirement below the fifty (50) percent threshold. Policy A Master Stormwater Plan (MSP) shall be prepared for each Community. Drainage facilities associated with the MSP should be incorporated within the interconnected open space Green Infrastructure system. The MSP shall incorporate Low Impact Development (LID) practices, with the intent that the water quality portion of stormwater runoff shall be treated within the Community through one or more practices Best Management Practices approved by Orange County and accepted for permitting by the Water Management District. Master storm water facilities may be placed within the interconnected open space Green Infrastructure system and included in meeting the minimum fifty (50) percent interconnected open space system requirement for each Community. Policy Residential Density. As a transitional area between rural and urban served uses, the residential density in a an UAC designation shall be an overall maximum dwelling units per net acre as a balance between rural densities and minimum urban densities. Densities shall include the following: Neighborhood density up to 6 dwelling units per net acre. Community Center density of up to 12 dwelling units per net acre. Policy Conservation Design. Community master plan design shall include appropriate techniques to protect and preserve the habitat of protected wildlife species found within the UAC designation. Every PD application shall provide general standards to protect and preserve the habitat of protected wildlife species, in accordance with the requirements of the U.S Fish and Wildlife Commission and/or the Florida Fish and Wildlife Conservation Commission. The specifics of the protection and preservation the habitat of protected wildlife species will be provided with the PSP applications within the UAC designation. Policy UAC Planning and Permitting Program. The approval of a an UAC designation requires the following: Submittal and approval of a large scale future land use map amendment including additional submittal elements as determined by the Planning Manager. Submittal and approval of a Planned Development zoning application for the entire UAC RT designation. 6

7 Policy Planned Development Zoning Application. To facilitate coordinated roadways, trails, utilities and school locations, land having a UAC designation must be zoned PD prior to any development activities there shall be a PD zoning application for the entire proposed UAC designation. BCC adoption of the Future Land Use map Amendment and approval of PD zoning must include the following agreements for all property contained in the PD: Master Utilities Agreement. Multimodal Transportation Agreement. OCPS Capacity Enhancement or Mitigation Agreement. Adequate Public Facilities Agreement for sheriff, fire, utilities, parks and recreation. Policy Adequate Public facilities. The Adequate Public Facilities (APF) Agreement shall require each property owner to make provisions to set aside a portion of their land for public facility use in exchange for APF credits, based upon the total public land area needs for each adopted UAC RT. The APF Agreement shall include an APF ratio requirement. For properties that do not include public facilities lands or for which public facilities lands have been provided by the County or another owner within the UPC, a fee in lieu of donation shall be required. Such APF revenues shall be allocated first to re-payment to properties with excess approved APF credits, then for public facilities land acquisition, support, and maintenance. Policy APF Conveyance. Prior to obtaining requesting approval of a Community Center and/or Neighborhood Development Plan for any portion of its property within the UAC, the property owner shall deliver evidence satisfactory to the County that the owner or its predecessor in title has entered into an agreement with the County to convey APF lands or purchase APF credits available for sale and has also entered into an agreement with the County or with other property owners in the Village that is satisfactory to the County to: a) pay the owner s proportionate share of the costs of providing the Master Utility Systems for the UAC area; b) pay the owner s proportionate share of costs associated with mitigating the projected impacts that development within the UAC will have on the off-site road system; c) pay the costs associated with providing any necessary school capacity that is not funded through the collection of school impact fees; d) pay the principal and interest that may be due if another landowner in the UAC RT area was required to pay a disproportionate share of the cost to install the Master Utility Systems or the costs associated with mitigating off-site road impacts, or the costs associated with providing necessary school capacity that were not paid earlier by the owner of the land on which the development is proposed or by the owner s predecessor in title; and e) pay the costs associated with services provided by an escrow agent, if any, retained by property owners in the UAC area to track various payment obligations, APF credit sales, 7

8 TDR sales, and to issue receipts for payments made. Interest charged for advancing another property owner s proportionate share of utility costs, off-site road costs, or other costs specified herein shall not exceed the applicable prime rate as reported in the Wall Street Journal. Policy Coordinated Development. While there is separate property ownership within the UAC, planning for development will occur in a coordinated and comprehensive manner. The County will facilitate preparation of a UAC RT Master Plan that will establish a general guide for connectivity and will include a global roadway agreement among between all the property owners within the UAC designation. The initial extension of potable water, wastewater and reclaimed water service must be sized for the entire UAC RT including a global Utilities Agreement among between all the property owners. PDs must approximate the UAC Master Plan, Study Area Master Plans particularly in terms of connectivity of roads, trails, open space and utilities. Policy Funding of Transportation Improvements. A financially feasible long-range transportation funding plan and program for the RT is required for the interconnected network of streets, paths, bicycle and pedestrian systems required to support the proposed development program as well as address any deficiencies. Potential funding sources for projects addressed in the program of transportation improvements may include: Community Development District Road Impact Fees Tax Increment Financing District Developer Contributions and other Public-Private Partnerships Municipal Service Taxing Unit/Municipal Service Benefit Unit Available State or Federal Highway or Transit Funds Others as approved by the Board of County Commissioners The transportation improvements included on the funding plan and program will put in place the major roadway network (arterials and collectors), which are designed with bicycle lanes and sidewalks. The planned improvements will therefore provide for overall connectivity for vehicles, pedestrians and cyclists. As development occurs within the UAC, developers will meet the requirements of the UAC policies to provide the roadways, bicycle facilities and pedestrian facilities to connect to the facilities provided through the transportation improvement plan and program to create an interconnected multimodal transportation network throughout the UAC. Nothing contained in other policies within this comprehensive plan shall preclude the County from considering, approving or participating with private developers in implementing some or all of such funding programs. 8

9 ADDITIONAL PROPOSED REVISIONS TO EXISTING COMPREHENSIVE PLAN POLICIES (newly proposed language is identified in bold text): FLU1.1.4 In addition to FLU1.1.2(B), permitted densities and/or intensities for residential and non-residential development can be established through additional Future Land Use designations. Density and Floor Area Ratio (FAR) calculation shall be defined as the language specified in Future Land Use Element Policy FLU1.1.2(C). The Future Land Use and Zoning Correlation is found in FLU H. RURAL, UNIVERSITY AREA COMMUNITY AND RURAL SETTLEMENT RELATED These Future Land Use designations can be applied only to areas outside the County s Urban Service Area. Uses such as agricultural or agricultural-related activities are prevalent predominate in these areas. These Future Land Use designations also are appropriate for locations in which residents prefer a rural or less urbanized lifestyle with fewer limited services. FLUM Designation General Description Density/Intensity Rural Rural Service Area Rural/Agricultural (R) Rural Settlement related Rural Settlement (RS 1/5) Rural promotes long-term viability of agricultural uses as an economic asset while allowing single family residential on large lots. Compatible nonresidential activity may be related to agribusiness. RS 1/5 recognizes and preserves existing development patterns, provides for a rural residential lifestyle, and manages the transition of rural areas near the USA. 1 DU/10 AC 1 DU/5 AC Rural Settlement (RS 1/2) Similar to above but the acreage required is less. 1 DU/2 AC Rural Settlement (RS 1/1) Similar to above, but lots once again are smaller size. 1 DU/1 AC Rural Settlement Low Density (RSLD 2/1) University Area Community (UAC) RSLD is intended to recognize existing development patterns and rural and suburban lots at 2 DU/AC. However, this category may be suited for new residential projects abutting urban development in adjacent municipalities. The UAC designation provides for a land use transition for properties located in the Rural Service Area and which either adjoin or are in close proximity to the Urban Service Area. 2 DU/1 AC DU/1 AC The following are footnotes applicable to the above tables related to FLU FAR Floor Area Ratio: The amount of permitted, developable floor area of a building to the area of the lot. ISAR Impervious Surface Area Ratio: Ratio of impervious surface area to area of the affected wetland or recreation, as applicable. Commonly referred to as impervious coverage. *** Any area outside the impervious surface areas of a conservation area shall remain undisturbed in a natural state. Furthermore the encroachments shall be limited to restrictions in C of the Conservation Element. (Added 8/92, Ord ; 9

10 Amended 5/13, Ord ; Amended 10/03, Ord , Policy r) FLU1.2.8 By the 2016 Evaluation and Appraisal Report, Orange County will develop a fiscal sustainability analysis tool. In addition, the County will include policies to support fiscally sustainable development patterns in the Future Land Use and Capital Improvements elements. The methodology and policies will further the County's effort to evaluate the impacts of proposed Urban Service Area expansions, as well as the impact of proposed development in the University Area Community, Rural Settlements and in the Rural Service Area, on the County's capacity to efficiently provide and maintain infrastructure and services. (Added 5/13, Ord ) FLU1.3.2 An application to expand the Urban Service Area shall be approved only when the application is found to be consistent with the Comprehensive Plan and complies with the following procedural steps and additional criteria, with the exception of those planned for Horizon West and the Innovation Way Overlay (Scenario 5). a. To ensure new development can be accommodated, an applicant wishing to request a USA expansion must submit a Small Area Study, whose methodology is based on professionally accepted standards. This Small Area Study must demonstrate the growth-related impacts as it relates to concurrency requirements and the fiscal sustainability of a project over its lifetime. Such information must be submitted as part of a Large Scale or Small Scale Future Land Use Map amendment application process to request an expansion to the USA. For any Urban Service Area expansion or phased large-scale Future Land Use amendment, the County may require the applicant to demonstrate the capacity to provide the necessary infrastructure over the entire build-out period. The developer shall pay the full cost of initial services and facility expansion, unless excess uncommitted infrastructure/service capacity exists. b. The application for a USA expansion should include a commitment to nationally recognized Green Building standards, water and energy conservation measures and as well as to meet other sustainability criteria. Sustainability criteria can include, but are not limited to, the mix and balance of uses, the timing of development (with respect to the Capital Improvements Program (CIP)), the jobs to housing balance, the environmental impacts of the project, as well as how the site integrates with the surrounding built environment at the time of the application. c. Proposed text amendments will be accepted only for implementation of Horizon West and the Innovation Way Overlay (Scenario 5), as envisioned by their respective planning processes. The Horizon West and Innovation Way planning processes undertook comprehensive and extensive public participation and visioning efforts, and as such were designed for applicant submittals consistent with their master plans. Other No other applicant-submitted text amendments will be accepted by Orange County if the County agrees that the proposed text amendment is in the public or community interest. Should a CP amendment be needed for an objective that is also deemed to be in the public or community interest, it may be sponsored or co- 10

11 sponsored by Orange County. This provision is intended primarily for projects that promote Workforce Housing consistent with the Workforce Housing Task Force Report (2007); Infill consistent with the Infill Master Plan (2008); Transit-related consistent with the Transportation Element and Transit Oriented Development Overlay, and projects meeting nationally recognized Green Building and Energy Conservation standards. LAND AND ENVIRONMENTAL ASSETS GOAL FLU6 PROTECTION OF RURAL LAND RESOURCES AND OTHER ASSETS. The County will manage land uses within the Rural Service Area, including agricultural lands, environmental land including the Wekiva Area, historic resources, University Area Community and Rural Settlements, so as to conserve these assets and their values. OBJ FLU6.1 RURAL SERVICE AREA. Orange County shall designate that portion of the County outside the Urban Service Area as the Rural Service Area. The intended transitional or rural character and assets of the Rural Service Area shall be promoted through the following policies. (Obj. 2.3) POLICIES FLU6.1.1 The Future Land Use correlation for the Rural Service Area is: Future Land Use ( R ) Zoning Rural /Agricultural (1 DU/10 AC) A-1, A-2, A-R, R-CE or PD in the UAC. FLU8.6.5 Within the Urban Service Area and in the University Community Area, in addition to the normal County construction of public facilities, the County shall provide programs to make possible the provision of infrastructure by joint effort and investment between the public and private sectors. (Policy 3.5.7) T1.3.2 To ensure the Capital Improvements Program is responsive to transportation demands, priority for funding County transportation improvement projects shall be based on factors such as: A. Safety; B. Capacity Deficiency; C. Right-of-Way Availability/Reservation; D. Partnership Potential; E. Consistency with the Comprehensive Plan, and METROPLAN Orlando's Long Range Transportation Plan; F. Supports the use of alternative modes of transportation; 11

12 G. Located within the County's Urban Service Boundary, especially within the Alternative Mobility Area, and activity centers or the University Area Community; and H. Addresses backlogged facilities to the extent possible. (Policy ; Amended 11/12, Ord ) PW1.4.2 Potable water service shall not be extended to areas outside the Urban Service Area except in the following circumstances: A. The facilities to be extended will serve a Growth Center, University Area Community or other exception areas as provided in the Comprehensive Plan (CP); B. The Board of County Commissioners has made an affirmative finding that a public health hazard exists for existing development. Such facilities shall not serve as the basis for additional new development; C. The facilities are to be extended to provide adequate fire flows to existing developments which are located within one-half (1/2) mile of an existing water transmission main; D. For approved sector plans as provided for in the CP; or and E. The circumstances described under Policy PW1.5.2 and Policy PW This policy is not intended to preclude the use of conservation or rural areas for withdrawal or treatment facilities. (Added 12/00, Ord ) PW1.4.3 Excluding the provision of potable water service to areas designated as University Area Community, wwhen it has been determined the extension of potable water facilities into the Rural Service Area is necessary, such existence or planned extension of potable water mains, facilities shall not be construed as adequate justification for development at urban intensities in the Rural Service Area. Transmission mains that will service such rural areas shall be sized to provide domestic flow to satisfy existing land use including the provision of adequate fire flow. PW1.5.3 The Board of County Commissioners has made an affirmative finding that the extension of potable water facilities is required to remediate health and safety concerns in the Bithlo Rural Settlement. In order to address the concern for public health in this area, the following conditions apply to the potable water system 12

13 expansion to the Bithlo Rural Settlement: A. The extended utility lines shall be used only by vested development within the Bithlo Rural Settlement. B. The extended utility lines shall not be a justification or basis for approving new development, except in a designated University Area Community. C. The utility lines shall not be used for any new non-vested development beyond one unit per acre in the Bithlo Rural Settlement. D. Non-vested development shall not be allowed to connect to the extended utility lines until a sector plan is approved or a University Area Community Future Land Use designation is established. (Added 12/00, Ord ) WW1.4.3 Central wastewater facilities, consisting of wastewater treatment facilities, pump stations, force and gravity mains shall not be extended beyond the boundary of the Urban Service Area except in the following circumstances: A. The facilities to be extended will serve a Growth Center, or other exception areas within Specific Area Plan (SAP) boundaries as provided for in the Comprehensive Plan (CP), or a University Area Community designated area; B. The Board of County Commissioners has made an affirmative finding that a public health hazard exists for existing development. Such extended facilities shall no serve as a basis for additional new development; C. For approved sector plans as provided for in the CP; D. Those circumstances described under Policy WW1.5.2 herein. This policy is not intended to preclude the use of conservation, or rural or UAC areas for wastewater treatment facilities or the interconnecting of the overall system. (Added 12/00, Ord ) CIE1.6.6 For any phased, large-scale, future land use amendment, the County shall require the applicant to demonstrate the capacity to provide the necessary infrastructure over the entire build-out period which may include using the following potential funding sources for transportation improvements: Community Development District Road Impact Fees 13

14 Tax Increment Financing District Developer Contributions and other Public-Private Partnerships Municipal Service Taxing Unit/Municipal Service Benefit Unit Available State or Federal Highway or Transit Funds Others as approved by the Board of County Commissioners 14

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