staff report to the dri2016 00002 - city of orlando · 2017-11-04 · page 9 page 9. c. onditions...

F A S H I O N S Q U A R E D R I

Property Location:

The subject property is located north of E Colo-

nial Drive, west of Bennett Road, and southeast

of Maguire Boulevard.

(±80.81 acres, District 3).

(Parcel ID #30-22-07-8750-00-010, 30-22-20-

6391-00-010, 30-22-20-6391-00-011, 30-22-20-

6391-00-012, 30-22-20-6391-00-013, 30-22-20-

6362-00-010, 30-22-20-6362-00-011)

Applicant’s Request:

Amend Fashion Square DRI Map H to add

±2.42 acres to the DRI and designate a portions

of that area for multifamily development and the

Fox Street Extension.

(see MPL2016-00015 for master plan proposal)

S U M M A RY

Location Map Area of proposed revisions

Staff Report to the

Municipal Planning Board

May 17, 2016

D R I 2 0 1 6 - 0 0 0 0 2

I T E M #9

Staff’s Recommendation:

Approval subject to the conditions in this staff

report.

Public Comment

Courtesy notices were mailed out to property

owners within 300 feet of the subject property

during the week of May 2, 2016.

Updated: May 10, 2016

Owner

(of property impacted by

request)

Lou Lauteria,

MMM Lakewood LTD.

Applicant

James Berardinelli

Maple Multi-Family Land

SE, L.P.

Project Planner

Wes Shaffer

Subject Property

EX IS TI N G FU TU RE LAN D US E MA P

EX IS TI N G ZO N IN G MA P Existing DRI Boundaries

AE R IA L PHO TO (OCPA 2016 P RE LIM I NA RY )

Existing DRI Boundary

Area of proposed revisions

Fo

x S

tree

t E

xte

nsi

on

Co

lonia

l D

rive

PR O JE CT AN A LYS IS Project Description

The Fashion Square DRI was originally approved by City Council July 1991. The DRI is approximately 78.7 acres and is located

north of E Colonial Drive, west of Bennett Road, and southeast of Maguire Boulevard. The applicant is requesting to amend Fashion

Square DRI Map H to add ±2.11 acres, designated for multifamily development, and ±0.31 acres for the extension of Fox Street, to

the DRI (see MPL2016-00015 master plan proposal). This will be the eighth (8th) amendment of the Fashion Square DRI. The pro-

posed changes do not constitute a substantial deviation from the approved DRI and will not increase the number of external peak

hour trips already approved for Phase I of the DRI nor will it affect conservation areas.

Background July 1991 – City Council approves application for Orlando Fashion Square DRI

December 1994 – City Council approves request to extend Phase I & II buildout dates to December 30, 1999 and December 30,

2002 respectively.

September 1995 – City Council approves Map H amendment which added two acres of land to the DRI

1998 – Colonial Realty Limited Partnership succeeds Fund A Orlando, Inc as owner and developer

January 2000 – City Council approves request to extend Phase I & II buildout dates to December 30, 2001 and December 30,

2004 respectively.

September 2003 – City Council approves request to extend Phase I & II buildout dates to December 30, 2003 and December 30,

2004 respectively. Additionally, the approval expands and relocates the theater, adds office/school land use into Phase I, and a

land use conversation matrix.

2004 – PR Orlando Fashion Square, LLC succeeds Colonial Realty Limited Partnership as owner and developer.

April 2005 – City Council approves request to extend Phase I & II buildout dates to December 30, 2006 and December 30, 2007

respectively.

2013 – UP Fieldgate US Investment – Fashion Square, LLC succeeds PR Orlando Fashion Square, LLC as owner and developer

August 2013 – City Council approves request to extend Phase I & II buildout dates to November 28, 2017 and November 28,

2018 respectively. Additionally, the approval adds hotel use, converts existing retail entitlements into hotel use, updates conver-

sation matrix, and replaces annual reporting requirement with biennial reporting requirement.

June 2014 – City Council approves addition of multifamily residential, increases to retail and office entitlements, decreases the-

ater entitlements, provides additional parking, updates land use equivalency matrix, and amends Map H to show multifamily

residential.

Analysis of Proposed DRI Amendment

An amendment to the Fashion Square DRI Development Order is requested to amend DRI Exhibit “B” to replace the previous Map

H, Master Plan Development Plan for the Project, with the proposed Map H shown on page 7 of this staff report. The Map H revision

includes an additional 2.11 acres of land designated for multifamily development.

Substantial Deviation Assessment

Pursuant to section 380.06 (19) of the Florida Statutes, proposed changes which create a reasonable likelihood of additional regional

impact constitute a substantial deviation requiring a notice of proposed change. In this case, the proposed change does not meet the

criterion for this requirement. Section 380.06 (19) (e) 2f allows for certain increases in acreage, provided no additional development

is added. The applicant is not proposing additional development therefore the revision is not a substantial deviation. Section 380.06

(19) (e) (2) requires that the proposed additional acreage require application to the local government.

Project Context Table 1 summar izes the project context including future land use designations, zoning distr icts, and sur rounding uses around

the subject property. To the north across Maguire Blvd, are offices and some residential uses. To the south across Colonial Drive, are

commercial uses, To the west along Colonial Drive and across Maguire Blvd are commercial uses. To the east along Colonial Drive

are mostly commercial uses. The location of the multifamily development is compatible with surrounding uses.

Conformance with the Growth Management Plan (GMP)

The subject property has a future land use designation of Metropolitan Activity Center (MET-AC) and is zoned AC-3 within the

Fashion Square Mall DRI. The Metropolitan Activity Center future land use designation has a maximum of 200 du/acre and/or 4.0

FAR and a minimum of 30 du/acre and/or 0.75 FAR. The proposed 356 multifamily residential units on 11.50 acres yields a density

of 30.90 du/acre. The 11.50 acres excludes the main road, the Cady Way Trail, the trailhead park are, Lake Overstreet area and the

Cady Way Trail road area.

The Fashion Square DRI is approved for 1,387,196 sq. ft. of retail, 2,150 theater seats, 7,746 parking spaces, a 36,300 sq. ft. school

(180 student stations and 6,300 sq. ft. of office, 175 hotel rooms and 593 multifamily residential units (see Table 2). The amendment

request proposes to modify a portion of the DRI Map H which currently shows apartments and school/office with an new configura-

tion of apartments and retail. This proposed modification will not alter the existing development program.

Table 1—Project Context

Future Land Use Zoning Surrounding Use

North Office Medium Intensity O-2 Office, Residential

East

Metropolitan Activity Center,

Industrial,

Office Medium Intensity

AC-3, I-P, O-2 Commercial, Industrial,

Residential

South Metropolitan Activity Center AC-3 Commercial, Retail

West Metropolitan Activity Center,

Office Medium Intensity AC-3, O-2 Multifamily Housing

EX IS TI N G DE V EL OPME NT PR O GRA M

Table 2—Total Amount of Development Approved for the Fashion Square DRI

Land Use

Retail

(SF of GLA)

Theater

(seats) Parking School/Office Hotel (rooms)

Multifamily

Residential

(dwelling units)

Phase 1 1,212,596 2,150 7,246

36,300 sf

(180 student stations and

6,300 sf of office) 175 593

Phase 2 174,600 0 500 0 0 0

Total 1,387,196 2,150 7,746

36,300 sf

(180 student stations and

6,300 sf of office) 175 593

Table 3—Approved Equivalency Matrix

PR O JE CT AN A LYS IS (CO N TI N UE D )

FO X STR EET EX TE NS IO N

The applicant’s master plan proposal shows improvements to the Cady Way Trailhead and the extension of Fox Street to Bennett

Road. Trailhead improvements will feature a pavilion and stormwater retention that helps offset the removal of the current retention

pond. The Fox Street extension will improve the local road network and split the block size on McCullough Avenue between

Maguire Boulevard (north of subject site) and Colonial Drive (south of subject site). The applicant is proposing to develop the Fox

Street extension and subsequently dedicate the right-of-way to the City.

Cady Way Trailhead Fox Street Extension Tract Proposed DRI Boundary

Fox Street Extension

EX IS TI N G MA P H OF DRI

PR OP OS ED MA P H OF DRI

CO N D IT IO NS OF APP RO VAL City Planning 1. GENERAL CODE COMPLIANCE

The proposed project shall be developed 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.

2. USES AND INTENSITIES

Development of the property included in the DRI with uses or intensities not permitted by the existing DRI Development Order

shall not be permitted prior to the effective date of the amended development order.

3. AMENDED DRI DEVELOPMENT ORDER

In consultation with the City Planning Division and the City Attorney’s Office, the applicant shall prepare the Fourth Amend-

ment to the Fourth Amended and Restated Development Order for the Lake Nona Development of Regional Impact for consid-

eration by the Orlando City Council, including all necessary exhibits. The amendment to the Development Order shall address

the findings and conditions detailed in this staff report, the conditions of the East Central Florida Regional Planning Council and

review agencies. The amendment to the Development Order shall be subject to contextual and legal review by the City Attor-

ney’s Office.

Wastewater

1. EXISTING AFFECTED SANITARY SEWER SYSTEM

Schedule a pre-application meeting to discuss the existing affected sanitary sewer system capacity and its ability to serve the

wastewater flow generated by the proposed density and uses of the development. A capacity analysis shall be prepared for re-

view by the Wastewater Division.

F I N DI N GS Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of DRI amendments and

rezoning applications contained in Section 65.255, 65.397 and 65.366, respectively, of the Land Development Code (LDC):

1. The proposed amendments are consistent with the City’s Growth Management Plan including Future Land Use Goal 4 and asso-

ciated objectives and policies relating to the Southeast Orlando Sector Plan.

2. The proposed amendments are consistent with the purpose, intent and general requirements of the LDC.

3. The proposed amendments are consistent with Chapters 163, 187, and 380, Florida Statutes.

4. The proposed amendments are consistent with the East Central Florida Strategic Regional Policy Plan and the recommendations

of the East Central Florida Regional Planning Council.

Staff supports the request for a DRI amendment subject to the condition below:

Police

A complete CPTED review for this project is available under project #CUP2016-00008.

We encourage developers and property owners to incorporate CPTED strategies in their projects. A brochure entitled Crime Preven-

tion Through Environmental Design, Your Guide to Creating a Safe Environment, which includes crime prevention techniques for

various land uses, is available by email.

Fire

Be advised that any new construction must adhere to the requirements of the Florida Fire Prevention Code, 2012 Edition, and The

City of Orlando Fire Prevention Code.

TRC fire code review is preliminary in nature, and is intended to expose or prevent evident design deficiencies with State and City

Fire Codes. The design will be reviewed in detail for State and City Fire Code compliance at the time of permit application.

Parks Contact Parks for a tree removal permit before removing any 4” caliper or larger trees and for a Tree Encroachment permit prior to

encroaching within 6’ of any existing 4” caliper or larger tree as part of Orlando Land Development Code, Section 60.211.

IN FO RM AT IO N AL COMM EN TS

CO N TAC T IN F ORM AT IO N City Planning

For questions regarding City Planning review, please contact Wes Shaffer at (407) 246-3792 or

[email protected]

Urban Design

For questions regarding Urban Design review, contact Jason Burton, at 407.246.3389 or [email protected]

Transportation

For questions regarding Transportation Planning review, please contact John Rhoades at 407-246-2293 or

[email protected]

Transportation Engineering

For questions regarding Transportation Engineering review, please contact Jeremy Crowe at 407-246-3262 or

[email protected]

Engineering/Zoning

For questions regarding Engineering or Zoning, contact Keith Grayson at (407) 246-3234 or [email protected].

Police

For questions regarding Police review, contact Audra Nordaby at 407-246-2454 or [email protected].

Fire

For questions regarding Police review, contact Charles "Chip" Howard at 407-246-2143 or [email protected].

Building

For questions regarding Building review, contact Don Fields at (407) 246-2654 or [email protected].

Waste Water

For questions regarding Waste Water review, contact Vince Genco at [email protected].

RE V I E W /AP P R O VA L PRO C ESS—NE X T ST E P S 1. MPB minutes scheduled for review and approval by City Council.

2. After approval, request for DRI amendment will be sent to the City’s Attorney’s Office.

3. Hearing at City Council for development order.

4. Development order sent to Florida DEO.

5. Ordinance becomes effective.

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