CASE # LUP-15-02-038 Commission District: # 3 GENERAL INFORMATION APPLICANT OWNER PROJECT NAME HEARING TYPE REQUEST Richard Frucci Lingo Lane, LLC Lingo Lane Planned Development / Land Use Plan (PD/LUP) Planned Development / Land Use Plan (PD/LUP) A-2 (Farmland Rural District) to PD (Planned Development District) A request to rezone three (3) parcels and 3.94 acres from A-2 (Farmland Rural District) to PD (Planned Development District) with a development program consisting of up to twenty-four (24) single family detached residential dwelling units. LOCATION PARCEL ID NUMBERS TRACT SIZE PUBLIC NOTIFICATION PROPOSED USE 2810 Lingo Lane; generally located on the south side of Pershing Avenue, east of S. Semoran Boulevard / SR 436, and west of South Goldenrod Road. 10-23-30-3032-00-840; 10-23-30-3032-00-841; and 10-23-30-3032-00-842 3.94 gross acres A notification area extending beyond 700 feet was established [Chapter 30-40(c)(3a) of the Orange County Code requires 300 feet]. Six hundred sixty-two (662) notices were mailed to those property owners in the mailing area. A community meeting was not required for this case. Up to twenty-four (24) single family detached residential dwelling units. STAFF RECOMMENDATION DRC RECOMMENDATION (June 24, 2015) Make a finding of consistency with the Comprehensive Plan and recommend APPROVAL of the Lingo Lane Planned Development / Land Use Plan (PD / LUP), subject to the following conditions: 1. Development shall conform to the Lingo Lane Land Use Plan dated "Received June 4, 2015," and shall comply with all applicable federal, state, and county laws, PZC Staff Report Book 1 July 17, 2015
ordinances, and regulations, except to the extent that any applicable county laws, ordinances, or regulations are expressly waived or modified by any of these conditions. Accordingly, the PD may be developed in accordance with the uses, densities, and intensities described in such Land Use Plan, subject to those uses, densities, and intensities conforming with the restrictions and requirements found in the conditions of approval and complying with all applicable federal, state, and county laws, ordinances, and regulations, except to the extent that any applicable county laws, ordinances, or regulations are expressly waived or modified by any of these conditions. If the development is unable to achieve or obtain desired uses, densities, or intensities, the County is not under any obligation to grant any waivers or modifications to enable the developer to achieve or obtain those desired uses, densities, or intensities. In the event of a conflict or inconsistency between a condition of approval of this land use plan and the land use plan dated "Received June 4, 2015," the condition of approval shall control to the extent of such conflict or inconsistency. 2. This project shall comply with, adhere to, and not deviate from or otherwise conflict with any verbal or written promise or representation made by the applicant (or authorized agent) to the Board of County Commissioners at the public hearing where this development was approved, where such promise or representation, whether oral or written, was relied upon by the Board in approving the development, could have reasonably been expected to have been relied upon by the Board in approving the development, or could have reasonably induced or otherwise influenced the Board to approve the development. For purposes of this condition, a "promise" or "representation" shall be deemed to have been made to the Board by the applicant (or authorized agent) if it was expressly made to the Board at a public hearing where the development was considered or approved. 3. Pursuant to Section 125.022, Florida Statutes, issuance of this development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all other applicable state or federal permits before commencement of development. 4. Tree removal / earthwork shall not occur unless and until construction plans for the first Preliminary Subdivision Plan and/or Development Plan with a tree removal and mitigation plan have been approved by Orange County. 5. The required recreational area shall be prohibited along Pershing Avenue. 6. This property is located within Airport Noise Zone D; therefore, development shall comply with all applicable criteria. 7. A mobility review and approval through the County's Concurrency Management Office is required prior to obtaining a building permit. 8. The developer shall obtain water and wastewater service from Orange County PZC Staff Report Book 2 July 17, 2015
Utilities. 9. A Master Utility Plan (MUP) shall be submitted to Orange County Utilities at least thirty (30) days prior to submittal of the first set of construction plans. The MUP must be approved prior to Construction Plan approval. IMPACT ANALYSIS Land Use Compatibility The applicant is requesting to rezone the 3.94-acre subject property from A-2 (Farmland Rural District) to PD (Planned Development District) in order to develop up to twenty-four (24) single family detached residential dwelling units. The proposed PD (Planned Development District) would not adversely impact any adjacent properties or result in an incompatible land use pattern. Comprehensive Plan (CP) Consistency The subject property is designated Low-Medium Density Residential (LMDR) on the Future Land Use Map (FLUM). The subject rezoning application is consistent with the LDMR FLUM designation. The proposed PD zoning and development program is is also consistent with all applicable CP provisions, which include (but are not limited to) the following: OBJ FLU1.1 states that Orange County shall use urban densities and intensities and Smart Growth tools and strategies to direct development to the Urban Service Area and to facilitate such development. The Urban Service Area shall be the area for which Orange County is responsible for providing infrastructure and services to support urban development. FLU1.1.1 states that urban uses shall be concentrated within the Urban Service Area, except as specified for the Horizon West Village and Innovation Way Overlay (Scenario 5), Growth Centers, and to a limited extent, Rural Settlements. OBJ FLU8.2 states that compatibility will continue to be the fundamental consideration in all land use and zoning decisions. FLU8.2.1 states that land use changes shall be required to be compatible with the existing development and development trend in the area. Performance restrictions and/or conditions may be placed on property through the appropriate development order to ensure compatibility. No restrictions or conditions shall be placed on a Future Land Use Map change. OBJ N1.1 states that Orange County shall ensure that future land use changes are compatible with or do not adversely impact existing or proposed neighborhoods. Community Meeting Summary A community meeting was not required for this application. PZC Staff Report Book 3 July 17, 2015
SITE DATA Existing Use Single Family Residential Adjacent Zoning N: PD / AN (City of Orlando) E: R-3A / AN (City of Orlando) W: R-3 (Multiple-Family Dwelling District) (1980) S: R-T-1 (Mobile Home Subdivision District) (1972) Adjacent Land Uses N: Ventura Elementary School E: Undeveloped W: Single-Family Residential S: Lynnwood Estates Mobile Home Subdivision APPLICABLE PD DEVELOPMENT STANDARDS Minimum living area: Maximum building height: Minimum lot width: Minimum Building Setbacks Front Rear Side PD perimeter: Pershing Avenue: 1,000 square feet 35 feet / 2 stories 50 feet 25 feet 25 feet 5 feet 25 feet 50 feet SPECIAL INFORMATION Subject Property Analysis The applicant is requesting to rezone the 3.94-acre subject property from A-2 (Farmland Rural District) to PD (Planned Development District) in order to develop up to twenty-four (24) single family detached residential dwelling units. Comprehensive Plan (CP) Amendment The proposed PD zoning district would allow for up to twenty-four (24) single-family residential dwelling units on 3.94 acres, which represents a density of 6.09 units per acre. The resulting density is consistent with the property s underlying Low-Medium Density Residential (LMDR) Future Land Use Map (FLUM) designation which allows for a maximum of ten (10) units per acre. Therefore, a CP amendment is not required. Rural Settlement The subject property is not located within a Rural Settlement. PZC Staff Report Book 4 July 17, 2015
Joint Planning Area (JPA) The subject property is not located within a JPA. Overlay District Ordinance The subject property is not located with an Overlay District. Airport Noise Zone The subject property is located within Airport Noise Zone D. Special Sound Level Reduction (SLR) design requirements are required in Zone D, along with a waiver of claim at the time of subsequent lot splits. Environmental EPD staff reviewed the request and had no comment. Transportation / Concurrency This project is in an Alternative Mobility Area (AMA); therefore is exempt from concurrency. However, the proposed development plan is subject to a mobility review and approval through the County's Concurrency Management Office prior to obtaining a building permit. A mobility analysis in accordance with ObjectiveT2.3 and associated policies of the Comprehensive Plan is also required. Water / Wastewater / Reclaim Water: Wastewater: Reclaimed: Existing service or provider Orange County Utilities Orange County Utilities Orange County Utilities Schools OCPS has determined that sufficient school capacity exists at the affected schools. This determination expires on November 30, 2015. In the event this project does not obtain land use or zoning approval by the expiration date, the applicant must resubmit the application and fee to be re-evaluated. Specific Project Expenditure Report and Relationship Disclosure Form The original Specific Project Expenditure Report and Relationship Disclosure Form are currently on file with the Planning Division. PZC Staff Report Book 5 July 17, 2015
ACTION REQUESTED PZC Recommendation (July 17, 2015) TO BE DETERMINED PLANNING AND ZONING COMMISSION (PZC) PUBLIC HEARING SYNOPSIS TO BE DETERMINED Motion / Second Voting in Favor TO BE INSERTED TO BE INSERTED PZC Staff Report Book 6 July 17, 2015
PZC Staff Report Book 7 July 17, 2015
PZC Staff Report Book 8 July 17, 2015
PZC Staff Report Book 9 July 17, 2015
Lingo Lane PD / LUP (Cover Sheet) Rezoning Staff Report PZC Staff Report Book 10 July 17, 2015
Lingo Lane PD / LUP Rezoning Staff Report PZC Staff Report Book 11 July 17, 2015
Notification Map Rezoning Staff Report PZC Staff Report Book 12 July 17, 2015