BISHOP MOORE ANNEXATION

Transcription

1 Staff Report to the Municipal Planning Board January 17,2017 A N X , G M P , Z O N , C U P I TEM #1 BISHOP MOORE ANNEXATION Location Map Subject Site S U M M A RY Owner Diocese of Orlando Applicant Reinardo Malave, P.E. Dewberry Project Planner Michaëlle Petion, AICP Updated: January 4, 2017 Property Location: 3905 Edgewater Dr. west of Greens Ave., north of Golfview Blvd., east of Edgewater Dr., and south of Little Lake Fairview (±4.89 acres, District 3). Applicant s Request: 1. Annex the subject property. 2. Assign the Residential Low Intensity future land use designation. 3. Assign the R-1AA/W zoning designation. 4. Conditional Use Permit request to expand the existing Bishop Moore ballfields and allow for additional onsite stormwater capacity. Staff s Recommendation: Approval of the annexation request, assign the Residential Low Intensity future land use designation to the subject property, assign the initial zoning of R-1AA/W and approval of the CUP, subject to the conditions in this report. Public Comment The petition for annexation is scheduled for approval by the City Council on January 9, Courtesy notices were mailed to property owners within 400 ft. of the subject property on January 2, As of the published date of this report, staff has not received any comments from the public concerning this request.

2 Page 2 F U TURE LAND USE MAP

3 Page 3 Z O N ING MAP

4 Page 4 P R O JECT ANALYSIS Project Description The subject property is located in unincorporated Orange County west of Greens Ave., north of Golfview Blvd., east of Edgewater Dr., and south of Little Lake Fairview and is approximately 4.89 acres in size. Currently vacant, the property is surrounded by the Bishop Moore High School campus on all side except to the north, which is adjacent to Little Lake Fairview. The applicant is proposing to use the property as a general practice field and stormwater retention pond for the campus. The site was previously used as stormwater retention for Edgewater Dr; however stormwater is now picked up at Dubsdread Golf Course. Upon annexation into the City of Orlando, the property will be in City Council District 3, which is represented by City Commissioner Robert Stuart. The subject site has no Orange County future land use or zoning designations. The City's conceptual future land use designation for this site is Residential Low Intensity. The applicant has requested the Residential Low future land use designation and associated R- 1AA/W zoning. The proposed public benefit use expansion would be permitted under the R-1AA/W zoning district, subject to Conditional Use Permit approval. The applicant has submitted a development plan with this project which is to be reviewed concurrently by the Municipal Planning Board. Project Context and Land Use Compatibility As shown in the table below, the subject property is surrounded by the Bishop Moore campus on all sides except to the north, where Little Lake Fairview exists. All adjacent parcels are within the City of Orlando jurisdiction. The property owner is proposing to unify the campus with the proposed annexed property. The proposed use is therefore compatible with the surrounding uses. Table 1 Project Context Future Land Use Zoning Surrounding Use North Residential Low R-1AA/W Little Lake Fairview East Residential Low/Resource Protection R-1AA/W Bishop Moore Campus (Uncleared land) South Residential Low R-1AA/W Bishop Moore Campus West Residential Low R-1AA/W Bishop Moore Campus Consistency with Chapter 171, Florida Statutes The proposed annexation meets the criteria set forth in Subsection , Florida Statutes, Character of the area to be annexed: All of the property s boundaries are contiguous to the City s boundary, the property is reasonably compact, is not part of another incorporated municipality and is used for urban purposes. The proposed annexation does not create a new enclave and actually eliminates one. Consistency with 163, Florida Statutes The proposed GMP amendment is being processed as a small scale amendment to the Future Land Use Map in accordance with the requirements of Chapter , 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 Residential Low Intensity areas Objective 2.3 and Policy of the Future Land Use Element provide standards relating to development outside of activity centers and mixed-use corridors. Policy states: Standards for land use categories outside of activity centers and mixed-use corridors shall be shown in Figure LU-1. The densities and intensities established in Figure LU-1 for land use categories outside of activity centers and mixed use corridors shall not be altered except by amendment of this Growth Management Plan. The intensity of use allowed on land outside of activity

5 Page 5 centers and mixed use corridors shall be based on: a) Appropriate topography, soil conditions, and the availability of facilities and services; redevelopment and renewal of blighted areas; elimination or reduction of uses inconsistent with the community s character and future land uses; protection of natural resources and historic resources; and discouragement of urban sprawl; b) Compatibility with existing development in the area; and c) The public services and facilities which exist or are available to the location, based upon the policies of the Capital Improvement Element and the City s Concurrency Management System. The proposed Residential Low Intensity areas are consistent with this policy. Environmental Conservation Element Policy 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. The site is not cleared of vegetation and has a low probability of containing wetlands and of supporting endangered species. Therefore, a Level B environmental assessment was performed. Portions of the subject property were previously used for stormwater retention for FDOT. The site includes 0.31 acres of wetland (associated with Little Lake Fairview), of which 0.03 acres will temporarily be impacted. These temporary impacts do not require mitigation. Also, no listed wildlife species are anticipated to affect the proposed development of the subject property. 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 Residential Low would permit densities/ intensities on the subject property greater than that permitted under Orange County since the property has no FLU designation. Projected Demand Evaluation 1 This evaluation considered the impact of developing the site at the maximum density permitted by the existing future land use designation, where none exists. Evaluation 2 This evaluation considered the impact of developing the site at the maximum density permitted by the existing Orange County Residential Low future land use designation ( FAR and 12 du/ac = 63,922 sq. ft. and 58 du). Net Decrease/Increase 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. Table 2 Project Demand Potable Water (GPD) Wastewater (GPD) Comm. Parks (Acres) Neigh. Parks (Acres) Transportation (Trips) Evaluation # Evaluation #2 28,438 19, ,541 Net Increase (Decrease) 28,438 19, ,541 Potable Water, Wastewater and Parks Table 3, on the next page, summarizes available capacity, existing demand, projected increases in demand from city-wide growth, projected increases in supply and the maximum demand expected from this GMP amendment. The proposed use will not adversely impact the level of service for potable water and wastewater. It is also noted that the property lies within the City sewer area and within the OUC electric and water areas. The property is within the Community Park Area 1 and is adjacent to Neighborhood Park Special Study Area 4. While there is sufficient capacity available in both the Community Park and in the Neighborhood Park category, this development is for non-residential use and therefore does not contribute to the park needs.

6 Page 6 Table 3 Available Capacity Potable Water (MGPD) Wastewater (MGPD) Comm. Neigh. Parks Parks (Acres) for (Acres) for CPS 1 NPSA 4 Capacity Reported Demand Projected increase in Demand Projected increase in Supply Demand from GMP Net Available Capacity 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 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. Transportation The City has adopted a Transportation Concurrency Exception Area (TCEA) citywide. Therefore, the City requires projects to support the multi-modal transportation system. This project is part of an existing school campus. Since no additional student capacity is proposed, no trip increase is expected. Capital Improvement Program The City has no Capital Improvement Program (CIP) projects that directly affect 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. The proposed development program is for nonresidential uses, therefore the Capacity Enhancement Process is not applicable. Conformance with the LDC The subject properties currently has no Orange County zoning designation. The property owner is requesting a zoning designation of R-1AA/W to use the property as a general practice field and stormwater retention pond for the Bishop Moore campus. The proposal is consistent and compatible with the zoning designation and surrounding uses as it will be an extension of the existing public benefit use. The R-1AA zoning district allows a maximum density of 4.7 du/ac and a maximum intensity of 0.2 FAR. No buildings, residential or non-residential, are proposed on-site. Development Standards The development standards for this site shall be subject to the standards of the R-1AA /W district. Impervious surface ratio, setbacks, etc. shall be regulated for the campus as a whole and not for this parcel, individually. No additional parking is required for the new ballfield as it is an ancillary use to the existing campus. CUP: Section sets standards of review for CUP applications. The standards are as follows: 1. Purpose and Intent. The purpose and intent and all other requirements of the LDC. 2. GMP. Whether the proposal is consistent with the City s Growth Management Plan. 3. Compatibility. The compatibility of the proposal with surrounding land uses and the general character of the area. 4. Public Facilities and Services. Whether the necessary public facilities will be adequate to serve the proposed use. As previously stated in this report, the proposal is consistent with the purpose and intent of the code and GMP. It is also compatible with area and will be adequately served by public facilities.

7 Page 7 Landscaping Chapter 60 Part 2G of the LDC requires and development abutting a water body (including natural water bodies and wet retention ponds) to provide a planted pollution-control swale upland of the normal high-water elevation, along the entire length of the waterfront, as well as littoral zone plantings. The swale and littoral areas must be planted with native and native aquatic plants covering 75% of the area. Lighting Lighting for the ballfields shall be subject to LDC Chapter 63 Part 2M. Light fixtures are limited to 15 ft. in height. Illumination levels may not exceed 0.5 footcandles at the property line due to the proximity to Little Lake Fairview and the uncleared lands to the west as well as the proposed residential zoning. To avoid glare and light spilling, fixtures must be installed with shie lds and reflectors.

8 Page 8 S U RV E Y

9 Page 9 SITE PLAN

10 Page 10 A E R IAL PHOTO

11 Page 11 F I N DINGS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of the annexation, future land use and zoning applications contained in Chapter 65 of the Land Development Code (LDC): 1. The proposed annexation meets the annexation criteria set forth in section , Florida Statutes. 2. The proposed Future Land Use Map amendment is consistent with State Comprehensive Plan (Chapter 187, Florida Statutes). 3. The proposed Future Land Use Map amendment is consistent with the East Central Florida Strategic Policy Plan. 4. The proposed Future Land Use Map amendment is consistent with the provisions of Chapter 163, Part II, Florida Statutes. 5. The proposed Future Land Use Map amendment is consistent with the objectives and policies of the City s adopted Growth Management Plan (GMP); particularly, Future Land Use Objective 2.3, Policy 2.3.1, and Figure LU 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. 9. The proposed use is consistent with the purpose and intent of the LDC. 10. The proposed is compatible with surrounding land uses and the general character of the area. 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 within Orange County shall not be permitted prior to the effective date of this GMP amendment. Permits for the ballfields may be reviewed, but not issued, until the GMP effective date. 2. Scope of Conditional Use. This use shall operate only as described within this report. All of the improvements shown in the attached site plan (and as amended by any conditions found herein) are required as a condition of approval. Any changes in the use of the site, the operation of the project, or the site plan as described herein may require a new or amended Conditional Use Permit (see "Minor Modifications" condition). This approval is not transferable to another property. 3. Minor Modifications. Minor modifications and design changes including but not limited to fences, signs, landscaping, interior alterations, 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. Regulations Subject to Code. Except as provided herein, the proposed project is subject to the conditions of this report and all codes and ordinances of the State of Florida, City of Orlando and all other applicable regulatory agencies. All other applicable state or federal permits must also be obtained before commencing development. 5. CUP Expiration. Approval of the Conditional Use by City Council shall grant the applicant authority to submit an application for site plan/master plan review for a building permit. The permit application must be submitted and a permit issued within two (2) years of approval of City Council or the Conditional Use Permit shall expire. However, upon written application filed 30 days prior to the expiration date, the Planning Official may renew the Conditional Use Permit for a one period of up to 12 months providing good cause is shown. 6. Lighting. Light fixtures are limited to 15 ft. in height. Illumination levels may not exceed 0.5 footcandles at the property line and to avoid glare and light spilling, fixtures must be installed with shields and reflectors. 7. Landscaping. A pollution-control swale, as well as littoral zone plantings, shall be provided consistent with LDC section

12 Page 12 C O N TACT INFORMAT ION City Planning For questions regarding City Planning review, please contact Michaëlle Petion at (407) or michaelle.petion@cityoforlando.net. Transportation For questions and information regarding Transportation Planning review you may contact John Rhoades at (407) or John.rhoades@cityoforlando.net For questions regarding Transportation Engineering issues, please contact Lauren Torres at or Lauren.Torres@cityoforlando.net. Engineering/Zoning For questions regarding Engineering or Zoning contact Keith Grayson at (407) or keith.grayson@cityoforlando.net. To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Voice Response System at Wastewater For questions regarding Wastewater issues, please contact Vince Genco at or vinco.genco@cityoforlando.net. Police For questions regarding Orlando Police Department plan review, please contact Audra Nordaby at or Audra.Nordaby@cityoforlando.net. Building For questions regarding Building Plan Review issues contact Don Fields at (407) or don.fields@cityoforlando.net. Trees For questions regarding Tree Review issues contact Justin Garber at (407) or Justin.Garber@cityoforlando.net. R E V I E W/AP P R O VA L PROCESS NEXT STEPS 1. City Council approves the MPB minutes. 2. Staff forwards ordinance requests to City Attorney s Office. 3. First reading of the combined annexation, GMP and zoning ordinance. 4. Second reading of the combined annexation, GMP and zoning ordinance. 5. The ordinances become effective after the appeals period is complete, as does the CUP.