Staff Report to the Municipal Planning Board August 19, 2014 A N X 2 0 1 4-0 0 0 0 5 G M P 2 0 1 4-0 0 0 0 9 G M P 2 0 1 4-0 0 0 1 0 Z O N 2 0 1 4-0 0 0 0 8 I TEM #1 TYSON S CORNER ANNEXATION Location Map S U M M A RY Owner Dell Avery Narcoossee Skkjda LLC & Christ- Hayden Partnership, LTD Applicant Robert Paymayesh, PE PE Group, LLC Project Planner Michelle Beamon Updated: August 12, 2014 Property Location: The subject property is located at northeast corner of Narcoossee Road and Tyson Road. (±1.377 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.40.3 to include the property into the Southeast Orlando Sector Plan. 4. Initial zoning of PD Village Center to allow for 14,000 sq. ft. of retail commercial or 84,375 sq. ft. of indoor climate controlled storage. Staff s Recommendation: Approval of the requests, subject to the condi- tions in this report. Subject Site Public Comment The petition for annexation was approved by the City Council on April 28, 2014. Courtesy notices were mailed to property owners within 400 ft. of the subject property during the week of May 5, 2014, as this case was originally scheduled for the May 20 MPB meeting. Notices were mailed to property owners within 400 ft. of the subject property again during the week of August 4, 2014. As of the published date of this report, staff has received comments from Orange County Planning Division concerning this request. Orange County s comments are addressed on page 10 of this report.
Page 2 F U TURE LAND USE MAP
Page 3 Z O N ING MAP
Page 4 P R O JECT ANALYSIS Project Description The subject property is located in unincorporated Orange County at 10005 Tyson Road, at the northeast corner of the intersection of Narcoossee Road and Tyson Road, and is approximately 1.377 acres in size. The subject property has an existing single family house on site. The applicant desires to annex this property for a future development of up to 14,000 sq. ft. of retail commercial or 84,375 sq. ft. of indoor storage. 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 Planned Development Office. The associated County zoning is Planned Development, the Narcoossee Road Office PD which is approved for up to 21,040 sq. ft. of professional office district 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 A-2 (within Orange County) RS 1/2 Vacant East A-2 (within Orange County) RS 1/2 Vacant South PD (within Orange County) Eagle Creek PD Single family homes and a stormwater pond West Urban Village Education Village PD Lake Nona High School Consistency with Chapter 171, Florida Statutes The proposed annexation meets the criteria set forth in Subsection 171.043, 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 small scale amendment to the Official Future Land Use Map in accordance with the requirements of Chapter 163.3184(3), Florida Statutes. As provided in Chapter 163, small scale amendments require one public hearing before City Council (the adoption hearing) and are not subject to review by the Florida Department of Economic Opportunity Division of Community Planning unless challenged by an affected party within 30 days of the adoption hearing. If not challenged, the amendment is effective 31 days after the adoption. Conformance with the GMP Urban Village Future Land Use Designation Objective 2.4 and Policy 2.4.4 of the Future Land Use Element provide standards relating to the Urban Village future land use designation. A portion of Policy 2.4.4 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 by the City s Land Development Code. The applicant is requesting a PD zoning for the subject site. Future Land Use Policy 4.1.9 lists allowable uses, density/intensity and other standards for the Urban Village designation.
Page 5 Subarea Policy S.40.3 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 below. The proposed text for the new Subarea Policy 40.3 is as follows: Subarea Policy S.40.3 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 14,000 sq. ft. of retail/commercial or 84,375 sq. ft. indoor storage, 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. F U TURE LAND USE SUBAREA POLICY S.40.3
Page 6 Environmental The Growth Management Plan Conservation Element Policy 1.4.1 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 entire site is a single family residence with associated yards, sheds and landscaping, which is classified as Residential, Low Density (110), per the FLUCFCS. The site was evaluated for species, none of the species identified on site were listed in the FFWCC s Office Lists, Florida s Endangered Species, Threatened Species and Species of Special Concern (January 2013). A bald eagle nest was identified 3,665 ft. to the northwest, this is outside of the 660 foot Eagle Protection Zone. 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 does not contain any wetlands or surface waters therefore the Q-WET rating is not required. 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 ±1.377 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 21,040 sq. ft. of office use on the 1.377 acres. Evaluation 2 This evaluation considered the impact of developing the site at the maximum density/intensity permitted by the proposed development program of 14,000 sq. ft. of retail/commercial use on the 1.377 acres. Net Decrease/Increase There is a net decrease of non residential development of 7,040 sq. ft. Potable Water (GPD) Table 2 Project Demand Wastewater (GPD) Comm. Parks (Acres) Neigh. Parks (Acres) Transportation (Trips) Evaluation #1 3,156 1,683 0.00 0.00 232 Evaluation #2 1,820 1,260 0.00 0.00 601 Net Increase (Decrease) (1,336) (423) 0.00 0.00 370 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.
Page 7 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. Table 3 Available Capacity Potable Water (MGPD) Wastewater (MGPD) Comm. Parks (Acres) for CPS 5 Neigh. Parks (Acres) for NPSA 24 Capacity 107.80 52.16 51.41 16.37 Reported Demand 2013 76.20 39.63 15.39 0.40 Projected increase in Demand 2014-2018 3.93 2.75 15.03 4.08 Projected increase in Supply 2014-2018 1.40 0 0.00 0.00 Demand from GMP2014-00009 -0.001-0.00042 0.000 0.000 Net Available Capacity 29.07 9.78 20.99 11.89 There is sufficient capacity available in both the Community Park and Neighborhood Park category. If this project proposes residential development in the future, it will be required to provide the park acreage for the demand the project creates and a GMP amendment will be required. 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 Orange County zoning classification of Planned Development, the Narcoossee Road Office PD which is approved for up to 21,040 sq. ft. of professional office district uses. The property owner is requesting an initial zoning of PD, which is consistent with the proposed Urban Village future land use designation. Section 65.366 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 58.361 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 68.200 (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.
Page 8 Development Standards The following Tables 4-6 describe the development standards for the site. The applicant has requested a framework PD, shown on below. 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. However, due to the uncertainty about the future use of the site, this PD will require the Traditional Design requirements to be met regardless of the FAR. PD FRAMEWORK MAP Cross Access Required per Chapter 61 Cross Access Required per Chapter 61
Page 9 Phase Acreage Use Sq. Ft./ Dwelling Units 1 1.377 Retail/ Commercial or Personal Storage Facility The proposed development is for a retail/commercial center or an indoor storage facility. 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 68.504 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 and east is vacant land within Orange County. The building orientation, entrances and facades must be developed in accordance with Section 68.314 of the LDC. The front and street side setback requirements were developed for the site specific constraints, such as the 15 utility easement on site. Similar setback requirements will be incorporated into a future Narcoossee Road/Lake Whippoorwill special plan. The 32.5 front setback includes the 15 utility easement, 7.5 street tree area and a 10 landscaped area. The 21 street side setback includes an additional travel lane, bike lane, sidewalk, and a 10 landscaped buffer. Table 4 Development Standards 14,000 sq. ft. or 84,375 sq. ft. FAR (floor area ratio) Minimum / Maximum No minimum/ no maximum Proposed Minimum / Maximum Building Height The proposal does not include a sign package. A sign package must be submitted with the SPMP. Proposed Maximum ISR (impervious surface ratio) Proposed This development must comply with Chapter 68, the Southeast Sector Plan, especially the following sections related to the Village Center design; Sec. 68.316 Projections and Recesses Sec. 68.318 Facades and Roof Form Sec. 68.319 Visual Character Sec. 68.320 Massing Sec. 68.321 Materials Sec. 68.322 Parking Sec. 68.323 Connecting Walkways Sec. 68.324 Landscaping and Furnishings Sec. 68.325 Additional Standards by Non-Residential Building Types Minor modifications may be approved by the SETDRC as park of SPMP review. If the project is a personal storage facility, the following additional conditions would apply. 1. Building facades visible from the public right-of-way shall have the appearance of an office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements. Garage doors shall not face any public right-of-way. Garage doors shall not occupy over 50% of a principle frontage, and a section of blank wall shall not exceed 20 linear feet with- N/A Use or Phase Retail/ Commercial* Land Use 1 story / 3 stories 2 stories 0.85 0.70 Table 5 Setback Requirements Yard Front Narcoossee Road Side north property line Street-side Tyson Road Rear east property line Table 6 Parking Building Setbacks Minimum 32.5 ft. 0 or 3 ft. 21 ft. 20 ft. * Proposed setbacks will be reviewed as part of the SPMP. Retailing light, intensive & shopping centers Minimum Requirement Maximum Permitted < 4,000 sf GSA 2.5:1000 sf GSA 5:1000 sf GSA 4,000 400,000 sf GSA 2.5:1000 sf GSA 4:1000 sf GSA Warehousing Storage 0.25:1000 sf GSA 3.5:1000 sf GSA
Page 10 out being interrupted by a window or entry. Industrial/warehouse building shall not have a section of blank wall exceeding 30 linear feet without being interrupted by a window, entry, pilaster, lattice, change in plane, or similar element. 2. Butler style (steel) buildings are not allowed. Exterior building material shall be stucco, brick, stone, a combination of those materials or a similar material. 3. Buildings that can accommodate two or more stories shall be designed to have the appearance of a multi-story building through the use of windows, doors, awnings, canopies and other appropriate building elements. 4. The two primary building facades (facing Narcoossee Road and Tyson Road) shall have a minimum transparency of thirty (30) percent for all floors. The secondary building facades shall have a minimum transparency of fifteen (15) percent for all floors. 5. Access to storage units shall be encouraged from the interior of the building; however, outdoor access to storage units shall be screened from street view and shall not face or be visible from any street. 6. Building elements shall not function as signage, and unique or symbolic business elements shall be secondary to the overall architectural design. 7. Outdoor storage is prohibited. Transportation The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide. The subject parcel has roadway access to Tyson Road, which connects to the City s transportation network via Narcoossee 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 on July 7, 2014 for 14,000 sq. ft of retail use; Table 7 below displays the proposed trip generation. The study concludes that there will be limited traffic impacts at the site driveways and nearby residential access points. The study references the requirements of Transportation Planning Condition #4: Mobility Management, and lists strategies for encouraging multimodal access to the property. The final site plan shall include at a minimum at least 4 of these strategies, as stated in the Traffic Impact Analysis and Transportation Planning Condition #4: Mobility Management. The following comments were also made on the report. 1. The Preliminary Development Plan on page 3 is illustrative and acceptance of this report does not constitute approval of the Preliminary Development Plan. 2. Page 17 states; based on the square footage of this project (14,000 SF), 35 parking spaces are needed as a minimum and 56 spaces at maximum requirements. However, 77 parking spaces are provided The parking maximum requirement is the maximum amount of parking spaces allowed on site; when the proposed Preliminary Development Plan is submitted with the Special Parcel Master Plan, it should be amended to adhere to the maximum requirement. All values based on ITE, Trip Generation Manual, 9 th Edition. Table 7 Trip Generation Land Use Code Existing Development Average Daily Trips (vpd) PM Peak Hour Trip (vph) Single Family (ITE Code 210) Detached Housing 10 vpd 1 vpd Proposed Development Shopping Center* (ITE Code 820) Commercial Retail (14,000 sf) 1,892 vpd, 171 vpd Total Trips +1,882 vpd +170 vph 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 non-residential use, therefore the project is exempt from the school capacity review process. Public Comment Received A letter was received on July 28, 2014 from the Orange County Planning Division regarding this project. The County has four main recommendations for the project. Below are the recommendations and our response. 1. The County requests that the applicant consider providing a buffer along Tyson Road similar to that provided by the Eagle Creek development and retain the stand of oaks located at the corner in order to provide the type of gateway to the settlement
Page 11 that would be compatible with its rural character. Response: The applicant has agreed to a larger building setback from Tyson Road. The setback is 21, to accommodate an additional travel lane, bike lane, sidewalk, and a 10 landscaped buffer. This was done so it would be compatible with the Eagle Creek Buffer and be more rural in nature. 2. The Orange County proposed Narcoossee Road Corridor Overlay District limits non-residential development to a 0.35 FAR. The County requests that the proposed development should be limited to a 0.35 FAR. Response: The applicant is proposing a 14,000 sq. ft. of retail/commercial or 84,375 sq. ft. of indoor storage. The 14,000 sq. ft building is a 0.23 FAR which is less than the proposed 0.35 FAR restriction. The 84,375 sq. ft. of indoor storage would be larger than 0.35; however, additional conditions are required to ensure that the building has architectural details and is compatible with the surrounding area. 3. The County would like to see coordinated joint access at the proposed right-in/right-out on Narcoossee Road with the property to the north at the time of development. Response: The proposed PD is a framework PD which shows arrows representing the cross access to the north and east, as shown on page 8. The north cross access is located to the rear of the site, which sets this up to be a rear access road. This access road would run north and have direct access to Tyson Road. A joint access on Narcoossee Road is not feasible at this time since the adjacent parcel has not submitted development plans to the City. 4. The County requests that gas station be a prohibited use. The County believes that type of use has traffic characteristic that would adversely impact the flow of vehicular traffic to and from the residential neighborhoods to the east, and create safety issues associated with pedestrian access to Lake Nona High School particularly for high school students from the easterly neighborhoods. Response: The City recommends allowing a gas station use. With the additional landscape areas on Narcoossee Road and Tyson Road, limited access points and new sidewalk on Tyson Road, a gas station use should not affect the pedestrian access to Lake Nona High School. The new sidewalk on the site would actually increase the pedestrian access for high school students from the easterly neighborhoods. The traffic study did not show any adverse affects to surrounding neighborhoods. Also, a gas station and other commercial uses are allowed on the west side of Narcoossee Road, so the proposed development is consistent.
Page 12 A N X 2 0 1 4-0 0 0 0 5, G M P2 0 1 4-0 0 0 0 9, GM P 2 0 1 4-0 0 0 1 0 & ZO N 2 0 1 4-0 0 0 0 8 T y s o n s C o r n e r Conceptual Public Storage Elevations These are three examples of elevations for a public storage facility. These photographs are conceptual in nature and provide general direction for the review of the building elevations required at the SPMP application.
Page 13 A N X 2 0 1 4-0 0 0 0 5, G M P2 0 1 4-0 0 0 0 9, GM P 2 0 1 4-0 0 0 1 0 & ZO N 2 0 1 4-0 0 0 0 8 T y s o n s C o r n e r Site Photos Subject Property Subject property is on the left, view is east on Tyson Road. Subject property is on the right, view is north on Narcoossee Road.
Page 14 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 171.043, 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 4.1.9. 6. 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.40.3 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 #6-19, Transportation Planning #1, Engineering #1 and Parks #1. 5. 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 68.609(e).
Page 15 8. VILLAGE CENTER STANDARDS To provide flexibility of development, the standard for Village Center composition of mix can be determined at the time of SPMP review. The development must adhere to Chapter 68 of the Land Development Code. 9. MAXIMUM INTENSITY The maximum development intensity shall not exceed 14,000 sq. ft of retail/commercial use or 84,375 sq. ft. of indoor storage 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 0.85. 11. LIGHTING A lighting plan shall be submitted with permit documents and be consistent with Orange County s lighting ordinance (Ord. No.2003-08, 1, 6-3-03) or a Photometric Plan subject to approval by the Planning Official. 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; 32.5 front (Narcoossee Road), 21 street side (Tyson Road), 0 to 3 side and 20 rear yard. The 32.5 front setback includes the 15 utility easement, 7.5 street tree area and a 10 landscaped area. The 21 street side setback includes an additional travel lane, bike lane, sidewalk, and a 10 landscaped buffer. 14. BUILDING HEIGHT The building height shall be between one and three stories. 15. ALLOWED USES The proposed development is for either a retail/commercial center or an indoor storage facility. 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 Treatment and recovery facility, temporary labor service, whole blood facility, wholesaling and warehousing, body art shop, fortune telling, tarot card reading, palm reading, and psychic services, 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, funeral home, adult entertainment, flea markets, bottle club, 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. 17. PEDESTRIAN CONNECTIONS Minimum 5 wide pedestrian connections shall be provided from the public street to the principal building. 18. URBAN DESIGN Urban design shall be respectful to the surrounding context. 19. PERSONAL STORAGE ADDITIONAL DESIGN STANDARDS If the project is a personal storage facility, the following additional conditions would apply. a. Building facades visible from the public right-of-way shall have the appearance of an office and/or retail building through the use of doors, windows, awnings, and other appropriate building elements. Garage doors shall not face any public right-of-way. Garage doors shall not occupy over 50% of a principle frontage, and a section of blank wall shall not exceed 20 linear feet without being interrupted by a window or entry. Industrial/warehouse building shall not have a
Page 16 section of blank wall exceeding 30 linear feet without being interrupted by a window, entry, pilaster, lattice, change in plane, or similar element. b. Butler style (steel) buildings are not allowed. Exterior building material shall be stucco, brick, stone, a combination of those materials or a similar material. c. Buildings that can accommodate two or more stories shall be designed to have the appearance of a multi-story building through the use of windows, doors, awnings, canopies and other appropriate building elements. d. The two primary building facades (facing Narcoossee Road and Tyson Road) shall have a minimum transparency of thirty (30) percent for all floors. The secondary building facades shall have a minimum transparency of fifteen (15) percent for all floors. e. Access to storage units shall be encouraged from the interior of the building; however, outdoor access to storage units shall be screened from street view and shall not face or be visible from any street. f. Building elements shall not function as signage, and unique or symbolic business elements shall be secondary to the overall architectural design. g. Outdoor storage is prohibited. Urban Design 1. TRADITIONAL NEIGHBORHOOD DESIGN The development must meet Traditional Neighborhood Design under the Southeast Orlando Sector Plan. Engineering 1. CORNER CLIP A triangular corner clip, 10 feet x 10 feet, shall be dedicated as City Road Right-Of-Way (R-O-W) or a City Services Easement at the corner of Tyson Road and Narcoossee Road (SR 15). Refer to the Orlando Engineering Standards Manual (ESM), Chapter 8. The Road R-O-W or City Services Easement area shall be shown and noted on the plat, construction plans and any future site plans. 2. SIDEWALK As per Section 61.225 of the Land Development Code, a 5 foot wide concrete sidewalk is required along all dedicated rights-ofway. Any existing sidewalk damaged or broken is to be repaired. 3. PLAT This property is required to plat in accordance with Section 65.401 of the City's Land Development Code prior to the issuance of building permits. Transportation Planning 1. CROSS-ACCESS CORRIDOR REQUIREMENTS The subject property is adjacent to a major thoroughfare, Narcoossee Road. Orlando Land Development Code (LDC), Chapter 61 (Sections 61.108 61.113), provides the minimum requirements for cross-access corridors. When the property develops in the future the property owner 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. Parks 1. TREE REMOVAL/ENCROACHMENT PERMIT Prior to the issuance of a building and/or engineering permit, a tree removal/encroachment permit must be applied for by the applicant for a tree removal permit before removing any 4" or larger caliper trees. I N F O R M AT I O N A L COMMENTS Transportation Planning 1. TRAFFIC ANALYSIS Policy 1.8.11 of the Transportation Element of the Orlando Growth Management Plan (GMP) states that applicants for development proposals shall conduct a neighborhood impact analysis if the proposed development is projected to generate more than 1,000 daily trips. If existing traffic on collector or local streets is projected to increase by more than ten percent (10%) due to the project, the developer shall mitigate through appropriate traffic calming or transportation demand management measures. The applicant shall submit a traffic study prior to the Master Plan submittal. A methodology meeting must be conducted prior to the study being conducted with Transportation Planning, Transportation Engineering, Planning and the applicant. UPDATE A traffic study was conducted for a proposed 14,000 square feet of retail space on this property. The study con-
Page 17 cludes that there will be limited traffic impacts at the site driveways and nearby residential access points. The study references the requirements of Transportation Planning Condition #4: Mobility Management, and lists strategies for encouraging multimodal access to the property. The final site plan shall include at a minimum at least 4 of these strategies, as stated in the Traffic Impact Analysis and Transportation Planning Condition #4: Mobility Management. 2. 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: http://www.cityoforlando.net/permits). Reference Orlando Land Development Code (LDC), Chapters 60, 61, and 65, and the Engineering Standards Manual (ESM). 3. JOINT USE DRIVEWAY REQUIREMENTS If, in the future, the property is developed or substantially improved/enlarged, and the possibility of a joint-use driveway becomes available, the owner/applicant shall enter into a joint access easement agreement with the adjacent properties to the north and south. The joint-use driveway shall then be constructed, and the property owner shall agree to close and eliminate the substandard driveway(s). 4. MOBILITY MANAGEMENT The proposed development project is located within Mobility Area C and is expected to generate more than 40 daily trips. The owner/applicant shall comply with the Mobility Management Requirements of Orlando City Code, Chapter 59, Part 2, Section 59.209. The owner/applicant shall submit a completed Request for Mobility Management Determination at the time of building permit application. Transportation Impact Fees 1. TRANSPORTATION IMPACT FEES Any new construction, change in use, addition, or redevelopment of a site or structure shall be subject to a review for Transportation Impact Fees. An estimated Transportation Impact Fee in the amount of $78,939.00, based on the construction of 14,000 sf of retail use, will be due at the time of building permit issuance, subject to change upon final permit plan review. For a copy of the complete ordinance or impact fee rate chart, you may reference our website at: http://www.cityoforlando.net/planning/ Transportation/ifees.htm 2. TRANSPORTATION CONCURRENCY EXCEPTION AREA The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide, substituting transportation concurrency with mobility management strategies; therefore, the City requires all development projects to support a multi-modal transportation system. All development within the City, including new development, redevelopment, changes in use, and expansion of existing uses, shall mitigate their transportation impacts by incorporating Transportation Mitigation Strategies. In addition to the Concurrency Management application, applicants are required to submit a Request for Mobility Management Determination application as part of the development review process. This application is available upon email request to gustavo.castro@cityoforlando.net. Approval of these applications shall not be deemed to provide any vested rights. Engineering/Zoning 1. CONCURRENCY MANAGEMENT The applicant shall comply with all applicable requirements of Chapter 59, the Concurrency Management Ordinance, to ensure that all public facilities and services are available concurrent with the proposed development, and that the potential impacts on public facilities and services are mitigated. All new construction, changes in use, additions or redevelopment are required to submit a Concurrency Management application as a part of the building plan review process. A Concurrency Management application is available on the City's website: http://www.cityoforlando.net/permits/forms/concurrency.htm. 2. ORLANDO-ORANGE COUNTY WASTEWATER TERITORIAL AGREEMENT Per the Orlando-Orange County Wastewater Territorial Agreement the subject property is located within Orange County's territorial service area. The site will be serviced by Orange County Public Utilities, prior to issuance of a permit a copy of an invoice or payment receipt is required from OCPU. 3. STORM WATER SYSTEM The owner/developer is required to design and construct a storm water system in accordance with the approved Master Drainage Plan. Approval from South Florida Water Management District is required. The system is to be privately owned and maintained
Page 18 4. INSPECTION FEE At the time of development, the owner/developer is required to pay an on-site inspection fee at a rate of up to 3% of the on-site improvements, excluding the building, in accordance with City Land Development Code, Section 65.604. 5. NARCOOSSEE ROAD Any construction within the Narcoossee Road (State Road 15) right of-way of will require Florida Department of Transportation (FDOT) approval/permit prior to construction. 6. TYSON ROAD Any construction within the Tyson Road right of-way of will require Orange County approval/permit prior to construction. 7. ENGINEERING STANDARDS MANUAL The City Council Adopted the Engineering Standards Manual (ESM), Fourth Edition on March 9, 2009. All plans must conform to the ESM and all construction must be accomplished in accordance to the ESM. 8. CONSTRUCTION ACTIVITIES Construction activities including clearing, grading and excavating activities shall obtain an Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) permit, except: Operations that result in the disturbance of less than five acres total land area which are not part of a larger common plan of development or sale. 9. REFUSE CONTAINER SITES In accordance with City Code Section 28.6 (f) 1-3, the Office of Permitting Services is authorized to make a determination of approval/disapproval of refuse container sites. Approval/disapproval of the use of commercial hand pick-up of refuse from any non-residential entity shall be determined solely by the Refuse Collection Bureau Staff. 10. EASEMENT DEDICATION FORMS The City Services Easement dedication forms are posted on the City's website. Please go to www.cityoforlando.net/permits 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 Applicant wishes, the permit may be issued with a hold placed on the final inspection until the required document(s) are approved and recorded. Building Building Plan Review is not applicable to this case at this time. The building design will be reviewed for code compliance during the design development and construction documents phase. This project shall comply with the 2010 Florida Building Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code, Florida Plumbing Code, 2012 Florida Accessibility Code, and NEC 2008. Police The Orlando Police Department has no objections to the annexation request for Tyson's Corner located at 10005 Tyson Rd. A full CPTED plan review will be completed when detailed development plans for this property are submitted to the City. We encourage developers and property owners to incorporate CPTED strategies in their projects. A brochure entitled Crime Prevention Through Environmental Design, Your Guide to Creating a Safe Environment is available on-line at: http:// www.cityoforlando.net/planning/cityplanning/policy%20document/cpted_2008.pdf and includes crime prevention techniques for various land uses.
Page 19 C O N TACT INFORMAT ION City Planning For questions regarding City Planning review, please contact Michelle Beamon at 407.246.3145 or michelle.beamon@cityoforlando.net. Transportation Planning For questions regarding Transportation Planning plan review, please contact Matt Wiesenfeld at 407.246.2290 or matthew.wiesenfeld@cityoforlando.net Urban Design For questions regarding Urban Design review, please contact Jason Burton at 407-246-3389 or jason.burton@cityoforlando.net. Police For questions regarding Orlando Police Department plan review, please contact Audra Nordaby at 407.246.2454 or Audra.Nordaby@cityoforlando.net. Building For questions regarding Building Plan Review issues contact Don Fields at 407.246.2654 or don.fields@cityoforlando.net. Fire For any questions regarding fire issues, please contact Jack Richardson at 407.246.3150 or at jack.richardson@cityoforlando.net. Parks For questions regarding Parks review, please contact Justin Garber at 407.246.4047 or justin.garber@cityoforlando.net. Engineering/Zoning For questions regarding Engineering or Zoning contact Keith Grayson at 407.246.3234 or keith.grayson@cityoforlando.net. R E V I E W/APPROVAL PROCESS NEXT STEPS 1. Staff forwards annexation, GMP, initial zoning ordinance requests to City Attorney s Office. 2. City Council approves the MPB minutes. 3. First reading and Second reading of the Annexation 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.