Staff Report to the Municipal Planning Board July 18, 2017 CUP2017-00010 Item #3 WENDY S @ PERSHING & SR436 Lake George S. SEMORAN BLVD. OUC Center PERSHING AVE. Barber Park Walmart Neigh. Store Lake George Elem. School UNINCORPORATED ORANGE COUNTY Gatlin Ave. Location Map S UMMARY Applicant James Vandercrake Infinity Engineering Grp. Owner Dale Menninger, Mgr. Weingarten Realty Inv. Project Planner Jim Burnett, AICP Updated: July 10, 2017 Property Location: 4500 S. Semoran Blvd. (Parcel ID #09-23-30-2965-00-010, at the southwest corner of Pershing Ave. and S. Semoran Blvd.) (±0.59 acres, District 1). Applicant s Request: The applicant is requesting Conditional Use Permit (CUP) approval to construct a ±2,200 sq. ft. Wendy s restaurant with a drivethrough. The property is an outparcel of the Gatlin Commerce Center and is located in the South Semoran neighborhood. Subject Site Staff Recommendation: Approval of the Conditional Use Permit request, subject to conditions in this staff report. Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of July 3, 2017. As of the mail-out of the staff report, staff has not received any inquiries relative to the Conditional Use Permit request.
Page 2 F UTURE LAND USE MAP Lake George SUBJECT PROPERTY Walmart Neigh. Store Z ONING MAP Lake George SUBJECT PROPERTY Walmart Neigh. Store
Page 3 P ROJECT ANALYSIS Project Description The applicant is requesting a Conditional Use Permit (CUP) to construct a ±2,200 sq. ft. Wendy s restaurant with a drive-through window and associated parking. The property is an outparcel of the Gatlin Commerce Center and is located in the South Semoran neighborhood. Previous Actions 1973: Subject property annexed into the City (Doc. #11418). 1985: Subject property platted as Lot 1, Gatlin Commercial Center, Phase 2. 1997: Chevron convenience store with gas sales constructed on the property, later converted to Liberty brand, closed in 2005. 2007: Current owners acquire the property. 2009: Former convenience store with gas sales demolished. 2013: Adjacent Gatlin Commercial shopping center renovated with Walmart Neighborhood Store as the main tenant. Project Context The subject site is located at the southwest corner of S. Semoran Blvd. and Pershing Ave. The site is to be re-developed into a ±2,200 sq. ft. Wendy s restaurant with a drive-through lane (see Table 1 below for additional details on adjoining properties). Direction Future Land Use Zoning Existing Uses North (Across Pershing Ave.) Community Activity Center (COMM-AC) AC-1/AN/SP (Community Activity Center, Aircraft Noise Overlay, Semoran Gateway Special Plan Overlay) Ace Check Cashing & Dry Cleaners South COMM-AC AC-1/AN/SP Gatlin Commercial Shopping Center parking East (Across S. Semoran Blvd.) COMM-AC Table 1 - Project Context AC-1/AN/SP Premiere Medical Care & Orient Restaurant West COMM-AC AC-1/AN/SP Gatlin Commercial Shopping Center parking Conditional Use Permit Criteria (LDC Section 65.285) The Municipal Planning Board and City Council shall consider the following factors in their review of Conditional Use Permit applications: 1. Purpose and Intent. The purpose and intent of the use and all other requirements of the LDC. 2. Growth Management Plan (GMP). The consistency of the proposal with all applicable policies of the City's adopted GMP. 3. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, etc. 4. Public Facilities and Services. Will necessary public facilities (both on- and off-site), such as transportation, sanitation, water, sewer, drainage, emergency services, education, recreation, etc. be adequate to serve the proposed use. 5. Residential Displacement. Determine the extent to which the proposed use, location and building site design would displace existing residential uses on the site or would encourage displacement of residential uses adjacent to the site, and consider alternative uses, locations and/or site designs which could minimize residential displacement.
Page 4 6. Other Matters. Any other matter which the Board/Council may deem appropriate and relevant to the specific proposal. Purpose and Intent The purpose of the CUP request is to construct and operate a ±2,200 sq. ft. Wendy s restaurant with a drive-through and associated surface parking. Within the AC-1/AN/SP zoning district, a drive-through requires a Conditional Use Permit (CUP). Conformance with the GMP and Zoning The subject property has Community Activity Center future land use and is zoned AC-1/AN/SP (Commercial Activity Center, Aircraft Noise Overlay, Semoran Gateway Special Plan Overlay). As noted under previous actions, the site was initially developed as a convenience store with gas sales before closing and being demolished in 2009. Both the previous and proposed restaurant with drive-through use are consistent with uses allowed within the Community Activity Center future land use designation. Aside from the base AC-1 zoning, the property is also located in the Aircraft Noise (AN) Overlay, which signifies that the property is in the flight path of aircraft landing and taking off from Orlando International Airport. The property is also within the Semoran Gateway Special Plan (SP) Overlay, which serves to better define and limit certain uses that might limit the economic vitality of the Semoran Blvd. corridor. The proposed restaurant with drive through use is consistent with the AC-1/AN/SP zoning district. Compatibility. The proposed restaurant with drive-through window is abutted by commercial uses of similar or slightly higher intensity. The nearest residential use is 350 ft. to the northwest (The Regency Gardens Condo (multi-family)). The speakerboxes for the drive-through lane(s) will be located on the west/rear portion of the side, with reduced volumes and buffering/landscaping to diffuse any ambient noise from reaching any nearby residential uses. Public Facilities and Service. Public facilities already exist to serve the proposed restaurant with drive-through. Any on-site lighting must be shielded away from adjacent commercial and nearby residential uses. Residential Displacement. No residential uses will be displaced via construction of the proposed restaurant with drive-through. Additional Analysis Table 2 (below) depicts applicable development standards for the proposed restaurant with drive-through. All accessory structures, parking areas, landscaping, fences and signs must be permitted prior to construction, and must meet all applicable City Codes with regard to setbacks, size and height per AC-1/AN/SP development standards. Table 2 - Development Standards (AC-1/AN/SP zoning) Proposed Use Front Setback (S. Semoran) Min. / Proposed Street Side Setback (Pershing Ave.) Min. / Proposed Side Setback (south) Min. / Proposed Rear Setback (west) Min. / Proposed Non-Res FAR Max. / Proposed Imp. Service Ratio (ISR) Max. / Proposed Wendy s w/ drivethrough 0 ft. / ±51.5 ft. 0 ft. / ±62.1 ft. 0 or 3 ft. / ±30.6 ft. 20 ft. / ±58.5 ft. 0.7 / ±0.08 85% / ±80% Transportation Issues The site is accessed solely from within the Table 3 - Parking (per LDC Sect. 61.322 Figure 27) Gatlin Commercial Shopping Center (no curb cuts from the subject parcel onto S. Proposed Use Min. / Max. Ratio (sp = spaces) Min. / Max. Required Spaces Semoran Blvd. or Pershing Ave.). ±2,200 sq. ft. Wendy s 5 / 20 sp./1,000 sq. ft. Parking. Parking for the proposed restaurant w/ drive-through gross floor area (gfa) 11 / 44 with drive through complies with Code, per Table 3 at right. Total spaces provided 18 Transit & Bicycle Parking. The site is served by LYNX transit, on both Pershing Ave. and S. Semoran Blvd.,
Page 5 and S. Semoran Blvd. has a dedicated bicycle lane. The applicant must provide a minimum number of long-term and short-term bicycle parking spaces. There are existing sidewalks on both sides of Pershing Ave. and S. Semoran Blvd. and internal sidewalks are being extended to connect to those existing peripheral sidewalks. Architecture/Urban Design The design of the proposed restaurant is typical to the newer style of Wendy s in the area. Buffers & Landscaping. Per LDC Section 60.219, Figures 6 & 7, the intensities of existing adjacent uses are either similar or lesser than the proposed restaurant with drive-through, not enough to require additional buffers above the required 7.5 ft. lot line buffer prescribed by LDC Section 61.312(a7). Signage. Sign allowances are based on the requirements of LDC Section 64.201, as illustrated in Table 4 at right. Any new on-site signage will need permits prior to sign fabrication and placement. Digital reader/message board signs are prohibited. School Impacts (Not applicable, as the proposed use will be a nonresidential commercial restaurant with drive-through.) Table 4 - Sign Area (AC-1/AN/SP zoning) Building Frontage Linear Ft. Multiplier Allowed (sq. ft.) S. Semoran (front) 33.5 X 2 67 Pershing (street side) 82.9 X 1 82.9 Total 149.9 SITE PHOTO Pershing Ave. S. Semoran Blvd. View of the vacant site from southwest (above, with Gatlin Shop Ctr. Drive in foreground). 2016 AERIAL PHOTO Pershing Ave. Walmart Neigh. Store SUBJECT PROPERTY S. Semoran Blvd.
Page 6 S ITE S URVEY PERSHING DR. S. SEMORAN BLVD. SHOPPING CTR. ENTRANCE R EVISED S ITE PLAN (7/3/2017) PERSHING DR. S. SEMORAN BLVD. SHOPPING CTR. ENTRANCE
Page 7 BUILDING ELEVATIONS LANDSCAPE PLAN
Page 8 F INDINGS Staff finds that the proposed Wendy s restaurant with drive-through is consistent with the requirements for approval of a Conditional Use Permit, as contained in Section 65.285 of the Land Development Code (LDC): 1. The Conditional Use Permit is consistent with the City s Growth Management Plan; 2. The Conditional Use Permit is consistent with the City s Land Development Code; 3. The proposed development meets the standards for development in the AC-1/AN/SP zoning district; and 4. Public facilities exist to serve the proposed restaurant with drive-through use. Staff Recommendation Based on the information provided in the staff report and the findings noted above, staff recommends approval of the CUP for the Wendy s restaurant with drive-through, subject to the conditions in this staff report. C ONDITIONS OF APPROVAL (REQUIRED) Land Development 1. Impervious Surface Ratio (ISR) - ISR is limited to a maximum 85% for the subject property (zoned AC- 1/AN/SP). 2. Approved Site Plan - The Conditional Use Permit is valid only for the survey/site plan provided within this staff report and any changes necessary as a condition of this staff report. The CUP is not transferable to another property. 3. Parking - Per LDC Section 61.322, a minimum 11 and a maximum 44 parking spaces are required for the Wendy s restaurant with drive-through. 4. Floor-Area-Ratio (FAR) - FAR is limited to a maximum 0.7 in the Community Activity Center future land use and AC-1/AN/SP zoning. 5. Signage - Signage is based on primary building frontage facing S. Semoran Blvd., and secondary frontage facing Pershing Ave., not to exceed 149.9 sq. ft. in total sign area. Any new signs must be permitted prior to fabrication and placement. Electronic message board and digital signs are prohibited. 6. Buffers - Minimum 7.5 ft. deep vehicle use buffers are required along all lot boundaries. 9. CUP Expiration - Approval of the Conditional Use Permit by City Council allows the applicant to submit an application for site plan review & permits. The permit must be issued within 2 years of approval of the CUP or the Conditional Use Permit will expire. However, upon written application filed 30 days prior to the expiration date, the Planning Official may extend the CUP for one period of up to 1 year, providing good cause is shown. 10. Consistency - Unless amended by any conditions found herein or any modifications recommended by the MPB and approved by City Council, this project must operate and be developed only as described and conditioned within this report and in accordance with the attached site plan and any other plans or commitments provided in the application package. Any changes in the use of the site, the operation of the project, or the site plan as provided herein may require an amendment to the project and review by the MPB and City Council (see "Minor Modifications" condition below.) This approval is not transferable to another property. All other applicable state or federal permits must be obtained before commencing development. 11. Minor Modifications - Minor modifications to the project, including changes to the design and site plan reviewed by the MPB or City Council, may be approved by the Planning Official without further review by the MPB. Major changes will require additional review by the MPB. Urban Design Site Plan
Page 9 C ONDITIONS OF APPROVAL (REQUIRED) Dumpster - The dumpster enclosure must include decorative, opaque gates, and the enclosure walls must be finished to match or complement with materials similar to those of the prinicipa building. Additionally, provide a capstone, masonry course, architectural coping, or similar feature along the top of the enclosure walls. Architecture/Elevations 1. A security window at least 1 sq. ft. in dimension must be added to the rear door elevation. Landscaping The final landscape plans must include the landscape score-sheet and must meet the minimum required landscape score. Tree removal or encroachment permits must be obtained from the Orlando Parks Division. If the Parks Division finds that the trees to be removed are desirable and worth saving, redesign of the site layout may be required. Although S. Semoran Blvd. is a state road, street trees must be provided unless not allowed by Florida Department of Transportation (evidence of such prohibition must be provided at time of permitting). The trees should be placed within the right-of-way. Canopy trees are the first option, unless site specific conditions preclude the use of canopy trees, in which case understory trees or palms must be used. Parking lot and site lighting must be coordinated with tree planting. Transportation Division 1. (Informational) Sightline Visibility - At all project entrances, clear sight distances for drivers and pedestrians shall not be blocked by signs, buildings, building columns, landscaping, or other visual impediments. No structure, fence, wall, or other visual impediment shall obstruct vision between 2 feet and 8 feet in height above street level. The street corner / driveway visibility area shall be shown and noted on construction plans and any future site plan submittals. The applicant shall design the site plan as necessary to comply with the Florida Greenbook and the FDOT Design Standards Index. Sight lines shall be provided on both site plans and landscape plans. 2. 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 $78,403, based on the construction of a 2,168 sq. ft. fast-food restaurant, will be due at the time of building permit issuance, subject to change upon final permit plan review. 3. Concurrency - All new construction, changes in use, additions or redevelopments 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. 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. Approval of this application shall not be deemed to provide any vested rights. Tree Removal and/or Encroachment (Parks) Do not clear or demolish any structures or trees prior to obtaining a tree removal permit. A tree removal permit is required before removing any 4 in. caliper or larger trees, and a tree encroachment permit is needed prior to encroaching within 6 ft. of any existing 4 in. caliper or larger tree. For tree removals or encroachments, contact Justin Garber, Parks Department at (407) 246-4047 or at justin.garber@cityof orlando.net. INFORMATIONAL COMMENTS Engineering/Zoning 1. At the time of development, the owner/developer is required to pay an on-site inspection fee that is a percentage of the cost of the on-site improvements, excluding the building, in accordance with City Land Development Code, Section 65.604. 2. A letter of Modification from South Florida Water Management District is required prior to issuance of
Page 10 R EQUIRED CONDITIONS (CONTINUED) building permit. 3. The City Council Adopted the Engineering Standards Manual (ESM), Fifth Edition on April 18, 2016. All plans must conform to the ESM and all construction must be accomplished in accordance to the ESM. 4. All future elevation shown on a boundary/topographic survey shall use the North American Vertical Datum of 1988 (NAVD 88). 5. All new construction, change in use, additions, or redevelopments are required to submit a Concurrency Management application as a part of the building plan review process. 6. 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. The dumpster must have a minimum opening of 12' wide and a clear depth of 10' forward of any bollards within the enclosure. 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. 7. (Repeated from Transportation Comment) Consider revising the location of the dumpster open in order to alleviate any possible traffic conflicts from the driveway off S Semoran Blvd. CPTED The Orlando Police Department has reviewed the plans for the proposed Wendy s with drive through, to be located at the southwest corner of S. Semoran Blvd. and Pershing Ave., utilizing CPTED (Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of a created environment to reduce crime and enhance the quality of life. There are four overlapping strategies in CPTED that apply to any development: Natural Surveillance, Natural Access Control, Territorial Reinforcement and Target Hardening. CPTED conditions will be emailed to the client by the City s project planner. N EXT STEPS & CONTACT INFORMATION 1. Minutes from the July 18, 2017 MPB meeting are scheduled for review and approval by City Council on Mon. August 14, 2017. 2. Permits may be submitted following the MPB meeting but cannot be issued until the City Council approves the July 2017 MPB meeting minutes. Land Development Contact Jim Burnett at 407-246-3609 or at james.burnett@cityoforlando.net. Urban Design/Community Development Contact Ken Pelham, at 407-246-3235 or at kenneth.pelham@cityoforlando.net. Transportation Planning Contact John Rhoades at 407-246-2293 or at john.rhoades@cityoforlando.net. Transportation Impact Fees Contact Nancy Jurus-Ottini at 407-246-3529 or at nancy.jurus-ottini@cityoforlando.net. Transportation Engineering Contact Lauren Torres at 407-246-3220 or at lauren.torres@cityoforlando.net. Permitting Services Contact Keith Grayson at 407-246-3234 or at keith.grayson@cityoforlando.net. Police Contact Audra Rigby at 407-246-2454 or at audra.rigby@cityoforlando.net. Parks Contact Justin Garber at (407) 246-4047 or at justin.garber@cityoforlando.net.