Location Map S U M M A RY A N X G M P G M P Z O N I TEM #1.

Transcription

1 Staff Report to the Municipal Planning Board September 15, 2015 A N X G M P G M P Z O N I TEM #1 TYSON S CORNER II ANNEXATION Subject Site Location Map S U M M A RY Owner Diocese of Central Florida, Inc and Lake Nona Holdings, LLC Applicant Robert Paymayesh, PE PE Group, LLC Project Planner Michelle Beamon Property Location: The subject property is located at east of Narcoossee Road, north of Tyson Road and south of Lake Whippoorwill (± acres, District 1). Applicant s Request: 1. Annex the subject property. 2. Assign the Urban Village future land use designation. 3. Create GMP Subarea Policy S.40.7 to include the property into the Southeast Orlando Sector Plan. 4. Initial zoning of PD Village Center to allow for 288 multifamily units, 163,000 sq. ft. of commercial and a 42,000 sq. ft. church facility. Staff s Recommendation: Approval of the requests, subject to the conditions in this report. Public Comment The petition for annexation was approved by the City Council on August 10, Courtesy notices were mailed to property owners within 400 ft. of the subject property during the week of September 1, As of the published date of this report, staff has not received any comments. Updated: September 2, 2015

2 Page 2 A N X , G M P , GM P & ZO N T y s o n s C o r n e r I I FUTURE LAND USE MAP

3 Page 3 A N X , G M P , GM P & ZO N T y s o n s C o r n e r I I ZONING MAP

4 Page 4 P R O JECT ANALYSIS Project Description The subject property is located in unincorporated Orange County and is generally located east of Narcoossee Road, north of Tyson Road and east of Lake Whippoorwill and is approximately 43.9 acres. The subject property is vacant. The applicant desires to annex this property for a future mixed use development with 288 multifamily units, 163,000 sq. ft. of commercial and a 30,000 sq. ft. church facility with 12,000 sq. ft. of ancillary use (office, kitchen, assembly area and classrooms). 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 is PD and RS ½ and the property is zoned P-D and A-2. The approved Orange County PD is for 163,000 sq. ft. of commercial, 110,000 sq. ft. of office and either 150 assisted living units or a 50,000 sq. ft. church with 10,000 sq. ft. of ancillary uses. The applicant has requested the Urban Village future land use designation, to be included into the Southeast Orlando Sector Plan and an initial zoning of PD Village Center. Project Context and Land Use Compatibility The surrounding future land uses and zoning districts are depicted in the table below. The proposed Urban Village future land use designation and PD Village Center zoning designation would be compatible with the surrounding uses. Table 1 Project Context Future Land Use Zoning Surrounding Use North PD (within Orange County) P-D Lake Whippoorwill Landing 274 apartments and 50,000 sq. ft. of commercial are under construction East A-2 (within Orange County) RS 1/2 Single family home South Urban Village and PD (within Orange County) Tyson s Corner PD& Eagle Creek PD West Urban Village Education Village PD & Tyson s Corner PD Vacant and single family homes and a stormwater pond Lake Nona High School and vacant 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 1, which is represented by City Commissioner Jim Gray. 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 amendment 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. The applicant is requesting that the subject property be included into the Southeast Orlando Sector Plan. Future Land Use Policy 4.1.9, outlines standards in the Southeast Orlando Sector Plan, and 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

5 Page 5 by the City s Land Development Code. The applicant is requesting a PD zoning for the subject site. Future Land Use Policy lists allowable uses, density/intensity and other standards for the Urban Village designation. Conformance with the GMP Village Center Designation Policy of the Future Land Use Element provide standards relating to the Village Center designation. The Village Center designation requires a mix of uses. The project proposed 288 multifamily units, 163,000 sq. ft. of commercial and a 30,000 sq. ft. church facility with 12,000 sq. ft. of ancillary use (office, kitchen, assembly area and classrooms). As shown in Table 2, the project is not providing the minimum required office use, the development program should be adjusted to adhere to this policy. Table 2 Conformance with GMP Policy Use Minimum Land Area Required Maximum Land Area Required Proposed Residential 25% 40% 32.26% Commercial, Retail & Services 20% 60% 25.06% Office 10% 25% 0% Overall Non-Residential 30% 60% 57.32% Public and Civic 10% No Maximum 15.29% Public Parks and Greenspace 5% (of total) No Maximum 5.39% Subarea Policy S.40.7 According to Future Land Use Policy 2.4.4, in order to obtain the Urban Village future land use designation, the applicant shall initiate a Growth Management Plan amendment that includes to one or more subarea policies which provide structure and detailed development criteria for each individual project. The applicant has requested to create a new subarea policy to encompass the subject property. The proposed Subarea Policy map is shown on the following page. The proposed text for the new Subarea Policy 40.7 is as follows: Subarea Policy S.40.7 The properties within the boundary of this Subarea Policy are located within the Southeast Orlando Sector Plan area and shall be zoned Planned Development (PD). The provisions specified in Future Land Use Policy 2.4.4, Goal 4 and associated objectives and policies shall apply within this area. The maximum development capacity of this area shall be as follows: Village Center 288 dwelling units, 163,000 sq. ft. of office/commercial and 42,000 sq. ft. of public benefit use, or an equivalent amount of other non-residential uses allowed by the Village Center designation. Any increase in development capacity beyond that allowed by this subarea policy shall require a GMP amendment and shall be supported by data and analysis that demonstrates adequate facilities and services are available to accommodate the proposed density and intensity of development. Prior to development, each development site shall be reviewed by the Southeast Town Design Review Committee (SETDRC) as part of a specific parcel master plan that addresses building layout, parking, and other site planning issues as identified in the Land Development Code. Transportation The proposed roadway network within the project shall conform to the City of Orlando s Major Thoroughfare Plan, as may be amended from time to time. Each specific parcel master plan shall include typical street cross sections if new streets are proposed.

6 Page 6 A N X , G M P , GM P & ZO N T y s o n s C o r n e r I I F U T U R E L A N D U S E S U B A R E A P O L I C Y S Conformance with the GMP Proposed Narcoossee Road/ Lake Whippoorwill Subarea Policy The proposed Narcoossee Road/Lake Whippoorwill subarea policy was approved by the MPB at the July 21, 2015 board meeting. This policy will be included in the winter 2016 cycle of Growth Management Plan amendments and should be effective in early The Tyson s Corner II project is consistent with the proposed Narcoossee Road/Lake Whippoorwill subarea policy. The prohibited use list in City Planning Condition #16 is consistent with the proposed subarea policy. 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 C environmental report was submitted with this application. The site is vacant and per the FLUCFCS is classified as a mixture of improved pastures (211), mixed hardwoods (438), lakes (520), reservoirs (530) and wetland forested mixed (630). The site was evaluated for species, the only species identified on site which listed in the FFWCC s Office Lists, Florida s Endangered Species, Threatened Species and Species of Special Concern (January 2013) is the gopher tortoise. Seven active/inactive gopher tortoise burrows were observed. The developer must acquire a permit from

7 Page 7 FFWCC to address the gopher tortoise; options include, avoidance, preservation of habitat or relocation. A bald eagle nest was identified 3,035 ft. to the northwest, this is outside of the 660 foot Eagle Protection Zone. This nest was last surveyed in 2011 and last active in The site is within six USFWS Consultation Areas (Crested Caracara, Everglade Snail Kite, Florida Scrub-Jay, Red Cockaded Woodpecker, Sand Skink and Wood Stork), however none of these species were observed on site and there is minimal or no suitable habitat for these species on site. This property contains onsite wetlands within the northeastern and southeastern portions of the site. A Q-WET rating form was submitted and the site scored ten out of a total of twenty points. 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 on 43.9 acres would permit intensities on the subject property more than that permitted under the existing Orange County Planned Development Office 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 development program of 163,000 sq. ft. of commercial, 110,000 sq. ft. of office and either 150 assisted living units or a 50,000 sq. ft. public benefit use with 10,000 sq. ft. of ancillary uses on the 43.9 acres. Evaluation 2 This evaluation considered the impact of developing the site at the maximum density/intensity permitted by the proposed development program of 288 multifamily units, 163,000 sq. ft. of commercial and a 42,000 sq. ft. public benefit use on the 43.9 acres. Net Decrease/Increase There is a net increase of 138 residential units and a decrease of non residential development of 68,000 sq. ft. 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 OUC water area, within the County wastewater area and outside the OUC electric area. There is sufficient capacity available in both the Community Park and Neighborhood Park category. Table 4 Available Capacity Potable Water (MGPD) Wastewater (MGPD) Table 3 Project Demand Potable Water (GPD) Wastewater (GPD) Comm. Parks (Acres) for CPS 5 Comm. Parks (Acres) Neigh. Parks (Acres) Neigh. Parks (Acres) for NPSA 24 Capacity Reported Demand Projected increase in Demand Projected increase in Supply Demand from GMP Net Available Capacity Transportation (Trips) Evaluation #1 65,490 53, ,720 Evaluation #2 84,250 73, ,718 Net Increase (Decrease) 18,760 20, (2,002)

8 Page 8 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. Conformance with the LDC The subject property currently has an approved Orange County PD for 163,000 sq. ft. of commercial, 110,000 sq. ft. of office and either 150 assisted living units or a 50,000 sq. ft. church with 10,000 sq. ft. of ancillary uses. 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. The subsequent Specific Parcel Master Plans must adhere to chapter 68, the Southeast Orlando Sector Plan, as it pertains to Village Centers. 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 The applicant has requested that the subject property be included in the 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 is requesting the Village Center designation. 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 properties within this subject area shall be required to submit Specific Parcel Master Plans (SPMPs) to determine if the development is consistent with LDC Chapter 68. Development Standards Table 5 below describes the development standards for the site. The applicant has requested a framework PD, shown on page 11 of this staff report. Per chapter 68, non-residential development equal or greater than 0.4 FAR and residential development equal to or greater than 25 du/gross acre must adhere to Traditional Design Requirements. For non-residential development less than 0.4 FAR and residential development less than 25 du/acre conventional LDC is allowed. Phase Acreage Use Sq. Ft./ Dwelling Units Table 5 Development Standards Minimum / Maximum FAR (floor area ratio) Proposed Minimum / Maximum Multifamily du/ac story / 4 stories Commercial 163,000 sq. ft. No minimum/ no maximum Church (30,000 sq. ft. sanctuary and 12,000 sq. ft. of ancillary uses) No minimum/ 0.14 no maximum story / 4 stories Building Height 1 story / 4 stories Note: 1. Within 400 of Lake Whippoorwill the maximum height shall be two stories. ISR (impervious surface ratio) Proposed Maximum max stories 1 max. 4 stories max. 4 stories

9 Page 9 The proposed development is for a multifamily, commercial center and church use. Other allowed uses in Village Centers are; retail, services, grocery, restaurants, cinema, gas stations, offices, hospitals, hotels, single family and multi-family residential, civic including schools and colleges, park/plaza, and/or other uses consistent with the City s AC-1 district. The development must be consistent with the landscaping code in Chapter 60. In addition, Section of the LDC states that in town centers, village centers and neighborhood centers, no supplemental buffers shall be required between office/commercial/ residential uses. Currently the adjacent site to the north is a developing multifamily project. No buffer is proposed to the north. The building orientation, entrances and facades must be developed in accordance with Section of the LDC. Subarea Policy S.40.6 requires a 25 buffer along the east property line. The setback requirements will be developed at the SPMP; however the setbacks for the overall site are as follows; a. The Narcoossee Road setback is 32.5 which includes the 15 utility easement, 7.5 street tree area and a 10 landscaped area. b. The Tyson Road setback is 21 which includes an additional travel lane, bike lane, sidewalk, and a 10 landscaped buffer. c. A 25 buffer and a 20 setback is required at the east property line. d. A 100 buffer and a 20 setback is required from the mean high water line. These setbacks take into account site constraints such as the 15 utility easement on Narcoossee Road and are consistent with the requirements of the property to the south, the Tyson Corner Annexation (ANX ). The development must meet the City s lighting ordinance, which is chapter of the Land Development Code. The purpose and intent of this section is to ensure that outdoor lighting (or "exterior lighting") has a positive visual impact on surrounding properties. Exterior lighting should be designed, installed, and maintained in a consistent and coordinated fashion to provide safe, convenient, and efficient lighting for customers, pedestrians, and vehicles. Outdoor lighting must also avoid the creation of hot spots, glare, obtrusive light, unreasonable light pollution, light trespass, and visual nuisance. Therefore, the City s lighting ordinance is compatible with dark skies lighting. The parking will be evaluated at the SPMP. The proposal does not include a sign package; a sign package must be submitted with the SPMP. This development must comply with Chapter 68, the Southeast Sector Plan, especially the following sections related to the Village Center design; Sec Projections and Recesses Sec Facades and Roof Form Sec Visual Character Sec Massing Sec Materials Sec Parking Sec Connecting Walkways Sec Landscaping and Furnishings Sec Additional Standards by Non-Residential Building Types Minor modifications may be approved by the SETDRC as park of SPMP review. Transportation The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide. The subject parcel has roadway access to Narcoossee Road and Tyson Road. Sidewalks and bike lanes exist on both sides of Narcoosee Road near the subject property, but no such facilities are currently in place along Tyson Road. A traffic impact analysis was submitted, Table 8 displays the proposed trip generation. Transportation Improvements: There are no significant transportation projects are scheduled or programmed in the immediate area, however, the rapid growth of Orlando s Southeast Sector is driving completion of many planned network connections. Bicycle/ Pedestrian Facilities: Based on the applicant s field observations, sidewalks and bike lanes exist on both sides of Narcoossee Road within the vicinity of the subject property, but no such facilities are currently in place along Tyson Road. Furthermore, from field observations during the data collection peak hours, almost zero pedestrians were observed walking. However, during the school season, more pedestrians or students may be observed walking to/from school, although peak traffic hours do not coincide with school hours continually. As part of the mobility management, the necessary requirements needed to provide sidewalks and crosswalks along Tyson Road to encourage walking to the proposed mixed use development from nearby neighborhoods within mile walking distance will be determined. Transit: Currently there is no transit service in this area. The nearest park and ride facility is approximately 3 miles to the north near SR 528.

10 Page 10 Trip Generation: The subject parcel is currently un-occupied improved pasture and wooded space. The proposed development includes 288 multi-family units, 163,000 sf of commercial/retail space, and 42,000 sf of institutional church use. These new uses are estimated to produce an additional 11,582 daily trips and 1,030 pm peak hour trips based on ITE trip generation rates. These trip generation estimates are based on suburban developments. Many of these trips are expected to be pass-by from existing traffic on Narcoossee Road, and other trips are expected to be part of the interaction between the multi-family units and the commercial development. If this property is developed in a more commercial or office use, the trip generation expected would exceed these impact study estimates. These trips generation estimate are refined in the applicant s traffic study. Existing Use Proposed Development Table 8 Trip Generation Units/Square Feet Average Daily Trips (vpd) PM Peak Hour Trip (vph) None Multi-family (220) 288 1, Commercial (820) 163,000 9, Institutional/Church (560) 42, New Trips Proposed 11,582 1,030 All values based on ITE, Trip Generation Manual, 9 th Edition for informational purposed only. Capital Improvement Program The City has no Capital Improvement Program (CIP) projects in the vicinity of 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. This application is for 288 multifamily units. This project must have an executed Capacity Enhancement Agreement (CEA) prior to City Council adoption of the zoning ordinance. School Level Table 9 School Capacity Moss Park ES Lake Nona MS Lake Nona HS School Capacity ( ) 842 1,235 2,807 Enrollment ( ) 956 1,571 2,271 Utilization ( ) 113.5% 127.2% 80.9% LOS Standard 110.0% 100.0% 100.0% Students Generated

11 Page 11 PD FRAMEWORK MAP

12 Page 12 Site Photos Subject Property. On Narcoossee Road facing east. Subject Property. On Tyson Road facing north. Property to the north of the subject property. On Narcoossee Road facing east.

13 Page 13 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, Subarea Policy S.40.7 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. MINOR MODIFICATIONS Minor modifications and design changes including but not limited to signs, landscaping, driveway locations, and other minor changes, that are required beyond those previously reviewed by the Municipal Planning Board, may be approved by the Planning Official without further review by the Municipal Planning Board. Major changes shall require additional review by the Municipal Planning Board. 4. CONFORMANCE OF WITH PD REQUIRED Construction and development shall conform to approved site plans, elevations, and landscaping plans on file with the City Planning Division and all conditions contained in this report, or as modified by the Municipal Planning Board and City Council. The following conditions shall be contained in the PD Ordinance; City Planning #6-21 and Transportation Planning #4, 5 and REVIEW BY CITY ATTORNEY S OFFICE Municipal Planning Board recommendation of the conditions contained herein is subject to review by the City Attorney s Office for legal sufficiency and drafting of implementing documents. 6. ZONING For any requirements not specifically addressed in the PD Ordinance, Chapter 68 of the Land Development Code (the Southeast Sector Plan) shall apply. For any requirements not specifically addressed in the PD Ordinance, the AC-1 zoning district shall apply. 7. SPECIFIC PARCEL MASTER PLANS The properties within this subject area shall be required to submit Specific Parcel Master Plans (SPMPs) to the Southeast Town Design Review Committee (SETDRC) prior to the issuance of building permits. The SETDRC may approve minor modifications to the design standards, as described in (e). 8. VILLAGE CENTER STANDARDS To provide flexibility of development, the standard for Village Center composition of mix can be determined at the time of

14 Page 14 SPMP review. The development must adhere to Chapter 68 of the Land Development Code. 9. MAXIMUM INTENSITY The maximum development intensity shall not exceed 163,000 sq. ft of commercial use, 288 multifamily units and 42,000 sq. ft. of public benefit use or an equivalent amount of other non-residential use allowed by the Village Center designation. 10. MAXIMUM IMPERVIOUS SURFACE RATIO (ISR) The maximum ISR is LIGHTING a. All utilities, including street light poles, shall be kept out of the pedestrian path. b. Site lighting must comply with the City outdoor lighting code, section of the Land Development Code. c. Light-emitting diode (LED) lamps are encouraged. 12. SIGNAGE A Master Sign package for each phase or parcel is subject to review and approval by the City Planning Official, or designee, prior to the issuance of any building permit for the respective phase or parcel. The Property must be developed and maintained in accordance with the final approved sign package. Signs on the Property must comply with the City s generally applicable sign code, and the following: a. Offsite signs are prohibited. b. Pole signs are prohibited. c. Monument signs are encouraged. 13. SETBACKS The required setbacks are as follows; a. The Narcoossee Road setback is 32.5 which includes the 15 utility easement, 7.5 street tree area and a 10 landscaped area. b. The Tyson Road setback is 21 which includes an additional travel lane, bike lane, sidewalk, and a 10 landscaped buffer. c. A 25 buffer and a 20 setback is required at the east property line. d. A 100 buffer and a 20 setback is required from the mean high water line. e. Proposed setbacks will be reviewed as part of the SPMP. 14. BUILDING HEIGHT The building height shall be between one and four stories. The maximum building height within 400 of Lake Whippoorwill is two stories. 15. ALLOWED USES The proposed development is for multifamily residential, commercial and public benefit use. Other allowed non-residential uses in Village Centers are; retail, services, grocery, restaurants, cinema, gas stations, offices, hospitals, hotels, civic including schools and colleges, park/plaza, and/or other uses consistent with the City s AC-1 district. 16. PROHIBITED USES Labor pools and labor halls as defined by Chapter 448, Florida Statutes; any business in which a material part of its service includes loaning money secured by vehicle titles (often known as "car-title loans"), but not including financial institutions such as banks, credit unions, trust companies, consumer finance, and retail installment lenders; any business commonly known as "check cashing" establishment, or any business in which a material part of its service includes offering loans secured by future employment wages or other compensation (often known as "payday loans," or "pay day advances"), but not including retail businesses which provide a check cashing service as an incidental part of their business and financial institutions such as banks, credit unions, and trust companies; tattoo, body art, and body piercing establishments; pawnshops, as defined by the Florida Pawnbroking Act; bail bond agencies, as defined by Chapter 648, Florida Statutes; flea markets; automobile sales and rentals; fortune tellers, tarot card readers, palm readers, psychics, and like establishments; mobile food vending; bottle clubs, as defined by the Florida Beverage Law; parking, principal use; personal storage; retail, intensive; service, intensive; service, automotive and service, major vehicle. 17. PEDESTRIAN CONNECTIONS Minimum 5 wide pedestrian connections shall be provided from the public street to the principal building. 18. PARKING Shared parking between the commercial and church use may be allowed with a shared parking agreement. The parking will be

15 Page 15 evaluated at the SPMP. 19. URBAN DESIGN Urban design shall meet the requirements of LDC chapter ENVIRONMENTAL Per the Level C Environmental Assessment and evidence of seven active/inactive gopher tortoise burrows, the developer must receive permits from FFWCC prior to construction activity. 21. MIX OF USES The project is not providing the minimum required office use as required by Future Land Use policy 4.1.9, the development program should be adjusted to adhere to this policy at the time of SPMP submittal. If needed, uses may be combined wit the Tyson Corner PD to determine percentages. 22. SITE PLAN The conceptual site plan must be revised to adhere to Transportation Planning condition #4 and shall be attached to the PD ordinance. Transportation Planning The Transportation Planning Division supports the request for master plan approval on the subject property provided the owner/ applicant complies with all conditions listed below: 1. COMMERCIAL PLANS SUBMITTAL REQUIREMENTS: The submitted construction plans shall include a site plan (to engineering scale) and show the following: property lines, legal description, curbs, street pavement edges, public sidewalks, loading/unloading areas, parking spaces, solid waste location, etc. (Please see the Commercial Plans Submittal Checklist: Reference Orlando Land Development Code (LDC), Chapters 60, 61, and 65, and the Engineering Standards Manual (ESM). 2. WORK WITHIN ROAD R-O-W REQUIREMENTS: For any construction work planned or required within a public right-of-way or City sidewalk easement adjacent to a public rightof-way (including but not limited to: irrigation, drainage, utility, cable, sidewalk, driveway, road construction/reconstruction or landscaping), the owner/applicant shall submit the following: a. Maintenance of traffic plans (M.O.T.) (For more information/detailed requirements contact the Office of Special Events & Permits at ) b. Roadway plans including paving, grading, pavement markings and signage (Contact the Permitting Transportation Engineering Reviewer at for details) c. A copy of all required County and State permits (If permits are pending attach a copy of the application) 3. FDOT/OC APPROVAL/PERMITS REQUIREMENTS: The proposed improvements, located within the Narcoosee Road and Tyson Road right-of-way, require Orange County permits and approvals. The Owner/Applicant shall provide a copy of the permits and approval (or letter of intent of approval) from the approving agency to the City of Orlando prior to final permit/construction plans approval. 4. STREET CONNECTIONS REQUIREMENTS: Orlando's Growth Management Plan (GMP), Transportation Objective 1.10, requires the City to continually implement residential development roadway connection standards which promote convenient access to adjacent residential developments and nearby uses. The City requires that Street A as shown on the applicant s plan is continued to Tyson Road. Street B as shown on the applicant s plan terminates at Street A. Street A must line up with the roadway section on the adjacent parcel to the north and will become part of the North/South Connector along Lake Whippoorwill as described in the Lake Whippoorwill sub area plan. Street B would be a connection between Street A and Narcoossee Road. Both Street A and Street B shall be either publicly or privately maintained roads with public access. Public and private roads within the City of Orlando shall be built to public road standards as outlines in the ESM.

16 Page CONNECTION TO ADJACENT USES REQUIREMENTS Wherever a proposed development abuts unplatted land or a future phase of the same development, street stub-outs shall be provided, in accordance with Orlando Land Development Code (LDC), Section , to provide access to abutting properties or to logically extend the street system into the surrounding area. 6. LOADING BERTH LOCATION REQUIREMENTS Loading berths shall meet the following location requirements, in accordance with Chapter 61, Part 3F of Orlando City Code: a. All loading facilities shall be located on the same building site as the use they serve, and outside of existing public rights-ofway and proposed right-of-way lines established by the Major Thoroughfare Plan (Chapter 61, Part 2B of Orlando City Code), and shall be well separated and buffered from residential uses abutting the building site in accordance with the buffer yard requirements of Chapter 60, Part 2. b. All loading berths and maneuvering areas shall be separated from required off-street parking facilities, except in industrial and office/warehouse uses. Directional information to assist traffic flow shall be provided by either pavement marking or signage. Access aisles may serve both parking and loading facilities. c. All loading facilities and vehicular use areas shall be designed so as to eliminate the need for backing and maneuvering from, on, or onto streets, sidewalks, pedestrian walkways or bikeways. Loading berths shall be provided with a maneuvering area of no less than 100 feet. 7. LOADING BERTH DESIGN REQUIREMENTS Loading berths shall meet the following design requirements, in accordance with Chapter 61, Part 3F of Orlando City Code: a. Loading Berth Dimensions: 12 feet x 55 feet. b. Aisle Width (1-way): 16 feet. c. Aisle Width (2-way): 28 feet. d. Turning Radius: 47 feet. e. Minimum Height Clearance: 14 feet. 8. DUMPSTER/COMPACTOR Garbage containers shall be located to allow direct access without requiring excessive maneuvering or backing up more than 50 ft. 9. NUMBER OF PARKING SPACES The proposed number of parking spaces must comply with the Orlando Land Development Code (LDC) requirements set forth in Chapter 61, Part 3C. Any proposed reduction in parking allowable in the LDC must be accompanied by a written justification. 10. BICYCLE PARKING Per City Code Sec , long-term and short-term bicycle parking spaces shall be provided for employees and others to use. The short term bike racks should be placed near the entrance to the buildings, for use by the general public. The remaining long term spaces may be located within buildings for use by employees. In all instances, the racks shall be located so as not to create conflicts with pedestrians or other vehicles. 11. ON-SITE SIDEWALK SYSTEM REQUIREMENTS A paved pedestrian/handicap connection and/or sidewalk shall be provided from the public sidewalk(s) to the main building entrance(s). 12. DOOR OPENING REQUIREMENTS Doors (and any pedestrian entrances) that lead directly from the sidewalk shall be recessed so the doors do not swing open into the sidewalk area. 13. LANDSCAPING REQUIREMENTS The location of any existing, required, and proposed parking lot landscaping, including trees, hedges, and walls/fences, shall be shown on the site plan and meet the requirements of the Orlando Land Development Code (LDC), Chapters 60 and NEIGHBORHOOD PROTECTION PLAN REQUIREMENTS The Owner/Applicant shall provide documentation as to the measures that will be taken to protect the adjacent residential

17 Page 17 neighborhoods from cut-through traffic & over-flow parking from residents, customers & employees of the site. These measures shall include such actions as: a. Utilizing special techniques like signs / directions marked on the pavement; b. Using maps on all brochures that DO NOT show local residential streets; c. Directing all persons and vendors making regular deliveries to the property to use pre-approved routes going to and from the property that do not go through the adjacent neighborhoods; d. Encouraging employees and residents to use Transit by making schedules and tickets available on-site at the reception or management areas; or e. Providing employees with directional maps and advising them of the need to maintain a positive relationship with the adjacent neighborhoods. Copies shall be submitted to Land Development, Transportation Engineering & Transportation Planning. Approval of the City Transportation Engineer is required prior to permit issuance. This is a standard requirement of all development in this area and other areas adjacent to lower density residential neighborhoods. 15. JOINT USE DRIVEWAYS REQUIREMENTS The proposed driveway location or width does not comply with Orlando Land Development Code (LDC) requirements; however, given the driveway is positioned to provide connectivity for more than one parcel, the proposed driveway will be approved with the following conditions: a. The Owner/Applicant shall agree to a joint-use driveway with the adjacent properties to the north and south along Narcoossee Road and the to the east and west along Tyson Road. A joint access easement shall be dedicated, shown, and noted on all permit/construction plans. b. If, in the future, adjacent properties to the north and south along Narcoossee Road and the to the east and west along Tyson Road. is redeveloped or substantially improved/enlarged as a compatible use, and the possibility of a joint-use driveway becomes available, the Owner/Applicant shall enter into the joint access easement agreement with the adjacent property to the north and south along Narcoossee Road and the to the east and west along Tyson Road.. The joint-use driveway shall then be constructed, and the property owner shall agree to close and eliminate the substandard driveway(s). The joint access easement dedication forms are posted on the City's website. Please go to and click on the left menu Forms, Fees & Information. From there select General Documents and the appropriate easement document. Return this document to the Transportation Plans Examiner along with the legal description of the easement and the sketch of description of the easement (Exhibit A). This document will be sent to the City Legal Department for review as to form and legality. When it is in the approvable state, signed and sealed, it must be recorded at Orange County Public Records by the Owner/Applicant. Upon receiving a copy of the recorded document(s), the condition will be made MET. Alternatively, if the Applicant wishes, the permit may be issued with a hold placed on the final inspection until the required document(s) are approved and recorded. 16. CROSS-ACCESS CORRIDOR REQUIREMENTS The subject property is adjacent to a major thoroughfare, Narcoossee Road. Orlando Land Development Code (LDC), Chapter 61 (Sections ), provides the minimum requirements for cross-access corridors. The subject development shall provide cross-access easements to the adjacent properties to ensure that the parking, access, and circulation may be easily tied in to create a unified system. Transportation Engineering The Transportation Engineering Division supports the request for master plan approval on the subject property provided the owner/ applicant complies with all conditions listed below: 1. STREET NETWORK AND CROSS SECTION Both Street A and Street B shall be either publicly or privately maintained roads with public access. Public and private roads within the City of Orlando shall be built to public road standards as outlined in the Engineering Standards Manual (ESM). It is the preference of the City that the bicycle lanes described in the two way arterial cross section of Chapter 68 of the Land Development Code are included as 12 feet wide multi-use trail in a 20 feet wide City Services Easement on the east or south side

18 Page 18 of both Street A and Street B. The resulting cross-section would include, a 6 feet of sidewalk on the west or north side, 10 feet of parkway on each side, 2 feet of curb and gutter on each side, 7 feet of parking lane on each side, 10 feet of travel lane on each side, and a single 11 feet two-way turn lane in the middle. The intersection of Street A and Street B shall be designed to provide preference for the Street A north/south connector roadway. A modern roundabout is the preferred intersection design of the City as it may alleviate the need for a bias between these two roadways and provide speed control. 2. ROAD TURN LANE REQUIREMENTS The proposed intersection of Street A, the Lake Whippoorwill North/South connector, at Tyson Road requires the design and construction of an 11 ft. wide east bound left turn lane, in accordance with the FDOT Design Standards Index latest edition. The proposed intersection of Street B, the private commercial connector at Narcoossee Road requires the design and construction of a 11 ft. wide south bound left turn lane, in accordance with the FDOT Design Standards Index latest edition. The intersection at Street B and Narcoossee shall be left-in, right-in, right-out. Left-out movements shall not be permitted due to current median design on Narcoossee Road. 3. STREET NAMING REQUIREMENTS Transportation Planning Staff defers to the Engineering Staff concerning street name requirements, provided the Owner/ Applicant shall comply with the following (Refer to Section of the Orlando Land Development Code): a. The street name change shall extend for the entire length of the street within the City of Orlando. b. Streets shall not change names at intersections if the street extends through the intersection. c. Streets shall be named so that any three-way ( T ) or four-way ( + ) intersection is identified by no more than two street names. d. Streets shall be named so that any one street name does not intersect with any other street name more than one time. e. Loop or circle streets shall not use the same name to intersect with the same street since this would create two intersections with the same name. f. Contact the Traffic Operation Centers at regarding street name signs. Street name signs shall comply with the following: i. Existing street name signs are the property of the City of Orlando and shall be removed only by the City of Orlando Transportation Engineering Division. ii. New street name signs are the property of the City of Orlando and shall be installed by the City of Orlando Transportation Engineering Division. iii. Upon approval of a street name change, the Applicant shall pay the City of Orlando Transportation Engineering Division the cost of the signs and installation required to implement the street name change for the full length of the street. 4. ROADWAY PAVEMENT MARKING REQUIREMENTS: The installation of Pavement Markings and Traffic Control Devices (stop signs, signals, etc., as applicable to proposal) shall be shown per Manual of Uniform Traffic Control Devices (MUTCD) standards, and Orlando Engineering Standards Manual (ESM) Chapter 8, Section 8.01 requirements. 5. PUBLIC SIDEWALK/MULTI-USE PATH REQUIREMENTS: A 12 ft. wide public sidewalk/multi-use path is required on the north edge of the right-of-way (R-O-W) / property line for the length of the property along Tyson Road. The sidewalk may be meandered as necessary to provide adequate green space for street trees and a grass parkway in addition to the sidewalk. A City Services Easement shall be provided as necessary adjacent to the public road R-O-W to accommodate any portion of the public sidewalk that is not within the public R-O-W. The City Services Easement dedication forms are posted on the City's website. Please go to and click on the left menu Forms, Fees & Information. From there select General Documents and the appropriate City Services Easement document. Return this document to the Transportation Plans Examiner along with the legal description of the easement and the sketch of description of the easement (Exhibit A). This document will be sent to the City Legal Department for review as to form and legality. When it is in the approvable state, signed and sealed, it must be recorded at Orange County Public Records by the Owner/Applicant. Upon receiving a copy of the recorded document(s), the condition will be made MET. Alternatively, if the Owner/Applicant wishes, the permit may be issued with a hold placed on the final inspection until the required document(s) are approved and recorded.