Staff Report to the Municipal Planning Board July 19, 2016 GMP2015-00054 ZON2015-00057 I TEM #3 BLACKFIN SHOPPES Location Map Subject Site S UMMARY Owners Edgar Yates Colleen Yates, Clifton Ackerman & Joy Ackerman Applicant Javier Omana CPH, Inc. Project Planner Colandra Jones, AICP Property Location: The subject property is located west of Narcoossee Road, north of Tavistock Lakes Boulevard, and south of Tyson Road (±14.63 acres, District 1). Applicant s Request: 1. GMP amendment to change the future land use designation from Conservation to Urban Village for 1.52 acres and change the future land use from Urban Village to Conservation for 0.28 acres. 2. PD amendment to increase the development program from 37,000 square feet to 75,000 square feet of mixed use development. Staff s Recommendation: Approval of the request, subject to the conditions in the staff report. Public Comment Courtesy notices were mailed to property owners within 400 ft. of the subject property on July 8, 2016. As of the published date of this report, staff has not received any comments from the public concerning this request. Updated: July 11, 2016
Page 2 F UTURE LAND USE MAP
Page 3 Z ONING MAP DRAFT
Page 4 P ROJECT ANALYSIS Project Description The subject property is located west of Narcoossee Road, north of Tavistock Lakes Boulevard, and south of Tyson Road and is approximately 14.63 acres in size. The subject property currently has a cell tower on site and is used as a tree farm. The applicant has requested to change the future land use designation from Conservation to Urban Village for 1.52 acres. The applicant is also proposing to increase the size of the wetlands in other areas of the site, for an increase of 0.28 acres. The net impact is 1.24 acres. Also, the request includes an amendment to the PD to increase the development program from 37,000 square feet to 75,000 square feet of mixed use development. Project Context and Land Use Compatibility As shown in the table below, the surrounding uses include Lake Nona High School to the north, Conservation to the west, the Lake Nona Gateway office building and Conservation to the south, and Eagle Creek single family residential neighborhood and golf course to the east located in the County. The proposed Urban Village designation would be compatible with the surrounding uses. Table 1 Project Context Future Land Use Zoning Surrounding Use North Urban Village PD Lake Nona High School East PD (Orange County) PD (Orange County) Single Family Residential & Golf Course South Urban Village & Conservation PD Lake Nona Gateway Office & Wetlands West Conservation PD Primary Conservation Network Consistency with 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 163.3187, Florida Statutes. As provided in Chapter 163, small scale amendments require only one public hearing before City Council (the adoption hearing) and are not subject to review by the State 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. Environmental Conservation Element Policy 1.4.1 states that all projects requiring Municipal Planning Board and City Council review shall provide an Environmental Assessment. Developments exempt from this requirement includes those located within the Urbanized Disturbed Lands are shown in Figure C-1 of the Conservation Element. According to Figure C-1 of the Conservation Element, the subject property lies outside the Urbanized Disturbed Land area. A Level C Environmental Assessment was performed. Of the total 14.63 acres, approximately 7.55 acres are part of the Primary Conservation Network within the Southeast Orlando Sector Plan. The applicant is proposing to impact approximately 1.52 acres of the Primary Conservation Network on their property. Also within Conservation Element Policy 1.4.1, it states, Because the state and federal governments maintain comprehensive regulations relating to the protection of wetlands, the City shall defer to the regulatory oversight of the appropriate state and federal agencies for the protection of endangered and threatened species, and wetlands (including Protected Wetlands designated at Figure C-2 Part A and Part B) According Conservation Element Figure C-2 Part B, the proposed impacted wetland is a Tier One Protected Wetland. The proposed impact, 1.52 acres, is part of a larger system that is approximately 188 acres in size. Conservation Policy 1.4.4 states, The remov-
Page 5 al, alteration, or encroachment within an area designated as a Protected Wetland shall only be allowed in order to accommodate low density and intensity land uses. It is the intention of the City to restrict development in Protected Wetlands to those activities that have minimum or no post-development impacts upon the functions of the wetland, so that no net loss of functions results from the activity The removal, alteration, or encroachment within an area designated as a Protected Wetland shall only be allowed where the applicant is able to demonstrate that there is no practical alternative which reduces or avoids the adverse impact to the wetland. If the applicant has demonstrated that there are no reasonable alternatives, impacts to these wetlands shall only be allowed to provide roadway and utility access to uplands which could not otherwise be developed. The applicant submitted the following reasoning to allow for the wetland impact: After extensive master planning of the site based on consultations with major national retailers, it has been determined that in order to respond to and accommodate the size and locational requirements of said national retailers, the current restrictive physical constraints must be adjusted. A 1.52+ acre impact to the site s wetlands is necessary in order to appropriately position certain buildings, and provide proper area for vehicular circulation, access, landscaping, required parking and back of house activities. The applicant has and will continue to avoid and minimize the wetland impact to the greatest extent practicable. Mitigation will be provided to compensate for wetland functions lost per requirements set forth by the SFWMD and ACOE. The mitigation program for Shoppes at Tyson Place has three components. To provide compensation for the proposed wetland impact, wetland creation areas are proposed. The size and location of the wetland creation areas will be determined through the SFWMD and ACOE permitting process. In addition, wetlands to remain in the post-development condition shall be placed under a conservation easement for protection in perpetuity and the purchase of mitigation bank credits shall complete the mitigation program. There is also a canal that located adjacent to the existing uplands and falls immediately west of the delineated wetland line. The function of this canal is that it receives runoff from the surrounding areas and conveys water to the south leaving the project area under a Narcoossee Road box culvert. An upland berm separated the canal from the forested wetland. It is the intention of the applicant as part of the SFWMD and ACOE permitting process to modify the canal including piping the canal through the site in order to maintain the flow of water. The design will be compliant with SFWMD requirements. According to the applicant s Environmental Assessment, the regulatory agency for this wetland system is South Florida Water Management District (SFWMD) and the U.S. Army Corp of Engineers. The applicant has indicated that they would be required to obtain authorization from SFWMD to develop within the impacted wetland. However, at the time of the MPB application submission to the City of Orlando, the property owner has not obtained the required authorization from either the SFWMD or Army Corp of Engineers. Of the overall ±188 acre designated Protected Wetland, the impact of the wetland would be 0.7% of that total wetland, which is very minimal impact. The applicant will still have to get the required authorization from SFWMD and satisfy any mitigation requirement from that agency. 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. If the state and federal agencies grant the applicant to impact the wetlands, the proposed GMP amendment to change the future land use designation to Urban Village would permit densities on the subject property more than that permitted under the Conservation future land use designation. This evaluation assumes that the property is developed at the maximum intensity and density allowed by each future land use category. Typically, sites are developed at a lesser intensity, so these impacts represent an upper limit, rather than a true projection of demand. In the previous GMP amendment during the annexation process (Case #GMP2015-00034), the applicant requested to be included within the Southeast Orlando Sector Plan, which has provisions within Future Land Use Element Goal 4 and associated objectives and policies within the Growth Management Plan. In terms of the amount of development allowed within the Southeast Orlando Sector Plan, a portion of Policy 4.1.6 states the following: The Southeast Orlando Sector Plan area shall accommodate approximately 13,300 residential units, 2.1 million square feet of retail, 3.3 million square feet of office, 1,950 hotel rooms, 4.7 million square feet of industrial space, and 600,000 square feet of civic/government space by the year 2020. The corresponding Southeast Sector Plan land use designation which will be applied to the subject property will be Village Center. According to Future Land Use Policy 4.1.9, the allowable uses in the Village Center designation is retail, services, grocery, restaurants, cinema, gas stations, offices, hospitals, single family and multi-family residential, civic and other uses consistent with the City s AC-1 zoning district. With the Southeast Orlando Sector Plan s allocation, the retail square footage takes into account the demand on public facilities in this area. No changes to the development program in Future Land Use Policy 4.1.6 are proposed. Therefore, a public facilities analysis is not needed for this proposal.
Page 6 Conformance with the LDC The subject property is currently approved for the zoning classification of PD. The property owner is requesting an amendment to change the development program from 37,000 square feet to 75,000 square feet of mixed use development. 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. 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 In order to be consistent with the Southeast Orlando Sector Plan, specific parcel master plan applications must be reviewed for compliance with LDC Chapter 68, which lays out the detailed development guidelines and standards for the Southeast Plan area. The proposed development will retain the Village Center 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 property shall be required to submit SPMPs to the SETDRC to determine if the development is consistent with LDC Chapter 68. According to LDC Section 68.505, it requires a minimum 50 foot upland buffer for protected wetlands. The applicant is requesting an alternative standard from this requirement. In their proposed SPMP for this area that goes before the SETDRC on July 14, 2016 (Case #MPL2016-00029), the applicant conveys that the grocery/retail structures and associated vehicular areas are positioned as close to Narcoossee Road as practicable. Due to this, the applicant did not provide the minimum 50 foot buffer because it would result in additional impact of the wetland system. The site plan depicts a setback of 25 feet from the wetland to the building. To also help mitigate the wetland impact, the applicant is proposing a 5 foot reinforced wall with a rail. This is depicted graphically below. The applicant is requesting, to be included in the PD, an alternative standard to the required landscape area for vehicular use areas. According to LDC Section 61.312, the landscape area must be 7.5 feet adjacent to rights of way and property lines. The applicant is requesting a reprieve of this requirement for the area adjacent to the wetland retaining wall. The property owner will provide additional interior landscaping to compensate for the lack of perimeter landscaping along the retaining wall. In addition to the retaining wall, the wetland area beyond the wall will be undisturbed and will provide landscape with the natural vegetation. P ROPOSED WALL B ETWEEN WETLAND AND DEVELOPMENT Pavement Curb Bollards Needed Railing (48 min.) Reinforced 5 ft. Wall Undisturbed Wetland
Page 7 Composition of Land Uses According to Future Land Use Policy 4.1.9, there are detailed guidelines and standards for various Southeast Sector land uses. The chart below outlines the composition of mix requirements for the Village Center land use. Land Use Minimum Land Area Required Maximum Land Area Required Residential 25% 40% Commercial/Retail/ 20% 60% Service Office 10% 25% Public and Civic 10% No Maximum Overall Non-Residential 30% 60% Public Parks/Green Space 5% No Maximum The maximum land area for non-residential shall not exceed 60%. This property will expand the size of the Village Center to the north and south. Together, these areas include a mix of residential, civic and commercial uses and meet the intent of this policy. A ERIAL PHOTO
Page 8 P ROPOSED PD FRAMEWORK PLAN Proposed Amended Urban Village Boundary The above PD framework plan depicts the property that shows the developable portion, the wetlands, the proposed wetland impact and the created wetlands to minimize the impact. It has an existing cell tower on the south portion of the site that will remain. Two right-in/right-out access points along Narcoossee Road are proposed. The plan also depicts a cross access easement to the driveway of Lake Nona High School to the north of the property. In the previous approval of the PD (Case #ZON2015-00030), according to Transportation Planning s conditions the applicant must have permission from Orange County Public Schools (OCPS) to have this access point. The applicant has provided to the City an Easement and Maintenance Agreement between OCPS and the applicant to allow for the proposed access and turn lanes depicted in the plan.
Page 9 F INDINGS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of the future land use and zoning applications contained in Chapter 65 of the Land Development Code (LDC): 1. The proposed Future Land Use Map amendment is consistent with the State Comprehensive Plan (Chapter 187, Florida Statutes). 2. The proposed Future Land Use Map amendment is consistent with the East Central Florida Strategic Policy Plan. 3. The proposed Future Land Use Map amendment is consistent with the provisions of Chapter 163, Part II, Florida Statutes. 4. The proposed Future Land Use Map amendment is consistent with the objectives and policies of the City s adopted Growth Management Plan (GMP); particularly, Future Land Use Objective 2.4, Policy 2.4.4 and Figure LU-1. 5. The proposed Future Land Use Map amendment and rezoning are consistent with the purpose and intent of the requirements of the Land Development Code. 6. The proposed Future Land Use Map amendment and rezoning are compatible with the surrounding development pattern. 7. 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 GMP Future Land Use Map amendment and rezoning, subject to the conditions below: C ONDITIONS OF APPROVAL City Planning 1. GENERAL CODE COMPLIANCE The proposed project shall be developed consistent with the conditions in this report, the attached development plan, and all codes and ordinances of the City of Orlando, the State of Florida, and all other applicable regulatory agencies. 3. CONCURRENCY All elements and components of this development shall be subject to Chapter 59, the Concurrency Management Ordinance of the City of Orlando. Approval of this application shall not be deemed to provide any vested rights. 4. DEFAULT ZONING DISTRICT For any requirements not specifically addressed in the PD ordinance, the regulations of the Village Center zoning district shall apply. 5. PROHIBITED USES The following uses shall be prohibited: a. Treatment/Recovery Facilities; b. Tattoo, body art or body piercing establishments; c. Fortune telling, tarot card reading, palm reading and psychic services establishments; d. Check cashing facilities (facilities which deal primarily in the issuance of cash advances based upon receipt of future wages, commonly known as "payday loans" or "payday advances."); e. Funeral Home; f. Adult Entertainment; g. Flea Markets; h. Bottle Clubs; i. Car title loan facilities; j. Temporary Labor Facilities; k. Whole Blood Facilities; l. Wholesale/Warehouse; 6. MODIFICATIONS Major modifications to the development plan or standards set forth herein shall follow the amendment procedures for Development Plans as set forth in Chapter 65, Part 2E, LDC. The Planning Official or his designee shall be authorized to permit minor changes to the Development Plan in conformance with the intent and purpose of the GMP and the LDC without further review by the Municipal Planning Board (MPB) or City Council. The changes shall not exceed the maximum standards of the GMP and LDC. 7. ORDINANCE PREPARTION MPB recommendation of the conditions contained herein is subject to review by the City Attorney's Office for legal sufficiency and drafting of implementing documents.
Page 10 C ONDITIONS OF APPROVAL City Planning (cont.) 8. SOUTHEAST ORLANDO SECTOR PLAN All development shall be reviewed by the SETDRC through the Specific Parcel Master Plan process. All elements and components of this development shall be subject to Chapter 68, the City of Orlando s Southeast Sector Plan, unless otherwise stated or approved by the SETDRC. 9. APPEARANCE REVIEW Appearance Review shall be required to ensure the project is developed in general conformance with the approved building elevations and landscaping as proposed during SPMP review. 10. WETLAND IMPACT a. The applicant will have to get the required authorization from the South Florida Water Management District (SFWMD) and satisfy any mitigation requirement from that agency prior to the issuance of building permits. b. The applicant is required to submit a copy of the completed SFWMD permit prior to scheduling the first reading of the GMP. 11. WETLAND SETBACK To avoid further wetland impacts, an alternative to the 50 foot wetland setback may be included in an SPMP application. 12. REQUIRED LANDSCAPE BUFFER According to LDC Section 61.312, the landscape area must be 7.5 feet adjacent to rights of way and property lines. This PD will allow an alternative standard to this requirement for the area adjacent to the wetland area against the retaining wall. The applicant shall provide additional interior landscaping to compensate for the lack of perimeter landscaping along the wetland area. 13. RETAINING WALL The retaining wall that is between the development and the wetland area on the west side of the property shall include the 5 foot wall, a railing at minimum 48 inches tall and curb bollards on the east side of the retaining wall as a barrier between vehicles and the rail. I NFORMATIONAL COMMENTS Police The Orlando Police Department has no objections to the zoning request for Blackfin Shoppes PD located at 13000 Narcoossee Rd. A CPTED review will be completed when detailed development plans 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, which includes crime prevention techniques for various land uses, is available by email. C ONTACT INFORMATION City Planning For questions regarding City Planning review, please contact Colandra Jones at 407.246.3415 or colandra.jones@cityoforlando.net. Police For questions regarding Orlando Police Department plan reviews, please contact Audra Nordaby at 407.246.2454 or audra.nordaby@cityoforlando.net. R EVIEW/APPROVAL PROCESS NEXT STEPS 1. City Council approves the MPB minutes. 2. Staff forwards GMP amendment and rezoning ordinance requests to City Attorney s Office. 3. The First and Second reading of the GMP ordinance. 4. Transmittal package of GMP sent to Florida Department of Economic Opportunity (DEO) for review. 5. The ordinance becomes effective after 31 days. 6. The First and Second Reading of PD zoning ordinance. 7. Application requests for Specific Parcel Master Plans before the SETDRC.