FREE STANDING MILLENIA

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1 Januar y 16, 2018 Staff Report to the Municipal Planning Board M P L I t e m #7 A D D E N D U M FREE STANDING MILLENIA Update: January 12, 2018 Additional Informational Comments Zoning/Engineering 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 The owner/developer is required to design and construct an on-site storm water system in accordance with the approved Master Drainage Plan. Approval from South Florida Water Management District is required. The system is to be privately owned and maintained. 3. The landscape plan needs to be designed in accordance with Chapter 60, Section of the Land Development Code. 4. Construction activities including clearing, grading and excavating activities shall obtain an Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) permit, except: Operations that result in the disturbance of one acre total land area which are not part of a larger common plan of development or sale. 5. The City Council Adopted the Engineering Standards Manual (ESM), Fifth Edition on April 18, All plans must conform to the ESM and all construction must be accomplished in accordance to the ESM. 6. All future elevation shown on a boundary/topographic survey shall use the North American Vertical Datum of 1988 (NAVD 88). 7. 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. 8. This property is required to plat in accordance with Section of the City's Land Development Code prior to the issuance of building permits. 9. 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. 10. The dumpster must have a minimum opening of 12' wide and a clear depth of 10' forward of any bollards

2 Januar y 16, 2018 Staff Report to the Municipal Planning Board M P L I t e m #7 A D D E N D U M FREE STANDING MILLENIA within the enclosure. Note: where dual dumpster is to be installed a minimum opening of 24 is required unless previously approved by Solid Waste. 11. 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. 12. The owner/developer is required to pay the Sewer Benefit Fee in accordance with the Sewer Service Policy and Chapter 30 of the Land Development Code. 13. As per Section of the Land Development Code, a 5 foot wide concrete sidewalk is required along all dedicated rights-of-way. Any existing sidewalk damaged or broken is to be repaired. 14. A storm water pollution prevention plan (SWPPP) is required and it will need to include an erosion control plan. 15. Cross access shall be provided between the two development sites by a note on the final plat or by separate instrument

3 Januar y 16, 2018 Staff Report to the Municipal Planning Board M P L I t e m 7 FEE STANDING MILLENIA Millenia Super Target Location Map S U M M A R Y Owner Mark Goldman Msgold Holdings Orlando, LLC Applicant Jason Bullard, Agent Msgold Holdings Orlando, LLC Project Planner TeNeika Neasman Planner II Updated: January 8, 2018 Property Location: 4050 Millenia Blvd. (PID: ); east of Millenia Blvd. and north of Conroy, all northeast of the Millenia Mall. (±2.8 acres, District 4). Applicant s Request: The applicant is proposing to amend the existing Master Plan (MPL ) to allow a medical clinic (emergency room) use on the site. The applicant is requesting Master Plan approval to amend the existing Master Plan to allow a ±10,820 sq. ft. medical clinic with associated parking and future outparcel for lease to the south. Subject Staff s Recommendation: Approval of the request, subject to the conditions in this report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property on January 1, As of the published date of this report, staff has not received any comments from the public concerning this request.

4 Page 2 Future Land Use Map Zoning Map

5 Page 3 Project Analysis Project Description The applicant is requesting Master Plan approval to construct a 10,820 sq. ft. single-story medical clinic building and associated parking in the Millenia neighborhood. The property is zoned AC-2 (Urban Activity Center) and has a UR-AC (Urban Activity Center) future land use designation. The 2.8 acre, or 121,782 sq. ft., site is located in the Millenia neighborhood and was approved in 2013 for retail/ commercial development. The proposed phasing of the medical clinic development and the unknown portion to the south requires Master Plan review and approval. Previous Actions: 1985: Schrimsher Southwest (Millenia) properties annexed into the City of Orlando (City Doc. # 19669) 1992: Schrimsher Southwest (Millenia) Development of Regional Impact (DRI) Development Order (DO) approved 2000: Property platted as part of Millenia Unit 2 Subdivision 2003: DRI Amendment (DRI ) to change allowable uses for the property; GMP Amendment (GMP ) to change the future land use designation from Industrial to Office Medium Intensity; and Rezoning (ZON ) of property from I-P to O : DRI Amendment (DRI ) remove the Land Use Conversion Entitlements chart; GMP Amendment (GMP ) to change the future land use designation from Office Medium Intensity to Urban Activity Center; and Rezone (ZON ) of property from O-2 to AC-2. Project Context The property was approved for a retail and commercial development in 2013 (MPL ) in the Millenia neighborhood. The subject property is located east of Millenia Blvd. and north of Conroy, all northeast of the Millenia Mall. The proposed medical clinic use is compatible with surrounding uses to the site; industrial to the north and east, commercial to the west (Target) and south. The site is currently vacant commercial land and the proposed amendment will allow for a medical clinic with associated parking to be constructed on site. The proposed use is compatible with the surrounding commercial and industrial uses (See Table 1). Table 1 Project Context Future Land Use Zoning Surrounding Use North Industrial I-P DeVry Institute (College) East Industrial I-P Stormwater Pond South Urban Activity Center Orange County AC-2 Orange County Restaurants Orange County Animal Shelter West Urban Activity Center AC-2 Commercial Target Conformance with the GMP The GMP Future Land Use Figure LU-1 describes allowable uses within the Urban Activity Center future land use designation. These uses includes: Residential Office Commercial * Public, Recreation, and Institutional Industrial *Exceptions/Exemptions: For commercial, industrial, and public, recreational, institutional, uses, the minimum F.A.R. applies only within the Traditional City (see Urban Design Element, Figure 1). The vacant subject property is located within the Millenia DRI, on Parcel D-1c. The subject property has the Urban Activity Center future land use designation and Subarea Policy S which states:

6 Page 4 Development intensity on the subject property shall be limited to the entitlements provided in the adopted Millenia Development of Regional Impact Development Order. If a substantial deviation occurs, additional review of the affected Growth Management Plan elements, including the Capital Improvements Element, shall be required. No residential development in excess of 40 dwelling units per acre shall be permitted upon any property within this subarea which has been designated as Urban Activity Center after June 1, 2008 until such time as the City adopts a Public School Facilities Element and executes the necessary Interlocal Agreement required by Chapter 163, Florida Statutes and the impacts of such development are reviewed by Orange County Public Schools. The proposed emergency medical clinic is allowed as a commercial use and is consistent with the 2004 DRI Developer s Order (Third Amended and Restated) Section 2.5: The project has an FAR of 0.08, which, while below the minimum in the AC-2 zoning district, is allowed, since the proposed use is commercial (Figure LU-1, Exceptions/Exemptions). The proposed development is consistent with the future land use designation on the subject site. Conformance with the LDC The property is in the AC-2 district which is intended to provide for concentrated areas of residential, commercial, office, industrial, recreational and cultural facilities service major sub regions of the Orlando urban area, and at intensities significantly higher than in surrounding neighborhoods.. The property is in the Urban Activity Center future land use designation. The proposed development meets the 0.90 ISR maximum allowed for the zoning district. The applicant will construct the northern portion of the site, and the southern portion will be developed as a future phase 2. Master Plan Criteria (LDC Section ) The proposed medical clinic use is permitted in the AC-2 zoning district. The proposed phasing of the northern and southern portion of the site requires Master Plan review. Section sets standards of review for MPL applications. The standards are as follows: 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. Use and District Requirements. The proposal must conform to the requirements of the zoning district (s) in which it is located and, where applicable, to the requirements of Chapter 58 for the particular use or activity under consideration. 4. Performance and Design Regulations. The proposal must conform to all applicable performance and design regulations of LDC Chapters 58, 60, 61, and 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. Transportation Access. The property is currently accessed from Millenia Blvd. via two (2) shared access points, a right-in/right-out access shared with Panda Express to the south, and a shared access with DeVry Institute to a signalized intersection along Millenia Blvd. and Millenia Way. Parking. Parking for the proposed clinic use meets the minimum of 31 parking spaces and a maximum of 54 parking spaces for the 10,820 sq. ft. occupancy space. The proposed site plan shows 54 parking spaces, 6 ADA and 48 regular Use Medical Clinic Table 2 Parking Requirements Sq. Ft./ 10,820 sq. ft. Minimum Ratio 2.8/1000 sq. ft. Minimum Spaces Required Maximum Ratio Maximum Spaces Permitted 31 5/1000 sq. ft. 54 Total Required Total Provided 54 parking spaces on-site. The applicant is meeting the medical clinical 5 parking spaces per 1,000 gross floor area maximum ratio for the proposed development. The proposed site plan also shows an ambulance pick-up and drop-off area as well as a direct pedestrian connection from the sidewalk along Millenia Blvd. to the main entrance of the building.

7 Page 5 5 Signage Signage must comply with the requirements of the City's Land Development Code and the Millenia Design Standards Manual. All signs or change-outs shall be permitted prior to fabrication and placement. Street Frontage Table 3 Sign Requirements (AC-2) Bldg. Frontage Millenia Blvd ft Infrastructure Stormwater: The site will have an existing exfiltration system and is part of the Millenia DRI master stormwater system. Solid Waste: The dumpster will be located on the eastern portion of the site, behind the building. Public Safety: Lighting and landscaping plays a very important role in the CPTED (Crime Prevention Through Environmental Design) principles. A more specific review which consist of proposed site enhancements has been provided to the applicant. Urban Design Landscaping. No bufferyard to adjacent uses is required development due to the commercial, industrial, and institutional uses surrounding the building. The 7.5 ft. vehicular use buffer is required along the north, west, south, and east property lines. Landscaping shall be installed per LDC Section School Impacts No applicable the proposed use is a medical clinic building (non-residential use). Sign Area Allowance 2 sq. ft. sign/ 1 linear ft. Area (Sq. Ft.) of the Sign Aerial Photo Subject Site

8 Page 6 S i t e Su r ve y

9 Page 7 D e ve l o p me n t Pl a n Main Entrance

10 Page 8 L a n ds ca p in g P la n 7.5 ft. vehicular use bufferyard must be shown on or off the project area prior to issuance of permits.

11 Page 9 A r c hi t ec t ur a l Pe r sp ec t i v es / El ev a t i o ns

12 Page 10 Site Photos Existing (southern portion) vacant commercial subject site. Northwest image of the site, from Millenia Blvd. Existing sidewalk along Millenia Blvd. (west property line of the subject site) Southern shared access point, with Panda Express Southeast portion of the site. Wendy s west of the subject site, across Millenia Blvd.

13 Page Findings Subject to the conditions contained herein, the proposal is consistent with the requirements for approval of the Free Standing ER at Millenia application contained in Section of the Land Development Code (LDC): 1. The proposed use is consistent with the City s Growth Management Plan. 2. The proposed use is consistent with the purpose and intent of the AC-2 zoning district and all other requirements of the LDC. 3. The proposed use will be compatible with surrounding land uses and the general character of the area. 4. The necessary public facilities will be adequate to serve the proposed use, or will be provided by the applicant as a condition of this approval. Staff recommends approval of MPL , subject to the conditions below: Conditions of Approval Land Development 1. Impervious Surface Ratio (ISR)- ISR is limited to 90% in the AC-2 zoning district. 2. Site Plan approval. The Master Plan is valid only for the site plan and building elevations shown in this staff report and any changes necessary as a condition of this staff report. The Master Plan is not Transferable to another property. 3. Millennia Design Review. A letter of approval from the Millenia Appearance Review Board must be provided at time of permitting. 4. Parking. Per the site plan, a minimum of 31 and maximum of 54 parking spaces shall be provided for the proposed emergency clinic. 5. Signage. Signage shall be limited to a maximum of sq. ft., per LDC Section Master Sign Plan. A master sign plan must be required prior to the permitting of any on-site signage. Signage must comply with the requirements of the City's Land Development Code and the Millenia Design Standards Manual. All signs or change-outs shall be permitted prior to fabrication and placement. 7. Final Site Plan. Final site plan approval must be obtained prior to building permits to address the proposed leased portion of the site. 8. Phasing. The property may be developed in multiple phases. Each phase must be developed in a manner that allows the individual phases to function independently of each other. Master Plan approval by the MPB shall be required for each phase. 9. Scope of Master Plan. 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 master plan (see "Minor Modifications" condition below.) This approval is not transferable to another property. 10. Master Plan Expiration. Upon approval of the Master Plan by City Council, a building permits must be obtained for the work requiring the master plan within two years of the master plan approval. If the applicant does not received the building permit within two (2) years, then the master plan is no longer valid and the applicant must reapply for a master plan if the applicant wishes to proceed with a development requiring a master plan. If the building permit for the work requiring the master plan expires before a certificate of occupancy or certificate of completion is issued for the work requiring the master plan, then the master plan is no longer valid and the applicant must reapply for a master plan if the applicant wishes to proceed with a development requiring a master plan. However, the Planning Official may extend this time limit for one period of up to 12 months for good cause shown upon written application filed 30 days prior to the expiration date. 11. Development Permits. As provided by subsection (5), Florida Statutes, issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality 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. In accordance with subsection (5), Florida Statutes, it is hereby made condition of this permit that all other applicable state or federal permits be obtained before commencement of the development. 12. Consistency. Unless amended by any conditions found herein or any modifications recommended by the MPB and approved by City Council, this project shall operate and be developed only as described and conditioned within this

14 Page Conditions of Approval 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. 13. Minor Modifications. Minor modifications to the project, including changes to the design and site plan reviewed by the Municipal Planning Board or City Council 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. Urban Design 1. South perimeter property line must have a 7.5ft landscape setback. 2. Pedestrian cross walks. A pavement treatment that contrasts with the vehicle lanes shall be used in order to clearly define the pedestrian zone. Reflective paint alone is not acceptable, but may be used in conjunction with pavers or other surfaces to outline the pedestrian path for night time safety. 3. All landscape plans must achieve the Minimum Required Landscape Score (MRLS) required for the proposed type and intensity of development. Meet City Code Chapters 60 and 61. A spreadsheet showing compliance with the Minimum Required Landscape Score must be included with the plans when submitted for permits. A digital spreadsheet form is available at 4. All requirements of the LDC Ch Outdoor lighting shall be met at the time of permitting. All utilities, including street light poles, shall be kept out of the pedestrian path. Light-emitting diode (LED) lamps are encouraged. 5. Lighting under awnings, canopies, porte-cocheres, should be recessed. If not recessed, the box type or other lighting fixture shall be opaque on all sides (no light shall emanate from any side of the fixture). All utilities, including street light poles, shall be kept out of the pedestrian path. 6. All dumpsters and trash compactors must be screened with solid walls to match the principal structure. Decorative gates must be installed to coordinate with principal structure. Landscape screen including low hedge and groundcover is required to soften the view from the public ROW. Recycling containers are not required but always encouraged 7. Street trees are required within established rights-of-way along public and private streets 8. Row end landscape island required Transportation 1. Bicycle Parking. Bicycle parking shall be provided in accordance with the standards of Chapter 61, Part 3D of the Orlando Land Development Code, and shall be made available prior to the issuance of any Certificate of Occupancy for the use being served. 2. On-Site Sidewalks. All on-site sidewalks adjacent to and paralleling driving surfaces must be a minimum of 6 ft. wide. 3. Pedestrian Access. The pedestrian path to the Millenia Bv sidewalk should turn south before the driveway and cross to the building pad south of the 20 ft. driveway to minimize the number of crosswalks needed. 4. Parking Stalls. Sidewalk in front of parking stalls must be 7 ft. wide. Stall depth for these stalls may be reduced to 16.5 ft. Fire 1. There are no objections to this request. 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. 2. Be advised that any new construction must adhere to the requirements of the Florida Fire Prevention Code, Fifth Edition, and The City of Orlando Fire Prevention Code. 3. Design of buildings must account for fire department access. The access road itself must extend 50ft. from at least one exterior doorway to allow access to the building s interior. Any portion of the building or exterior wall of the first story shall be located not more than 150 ft. from the fire department access road as measured by an approved route around the exterior of the building or facility. The distance can be increased to 450ft. if the building is protected by an automatic sprinkler system. [NFPA and NFPA An approved turnaround shall be provided for fire apparatus where an access road is a dead end in access of 150 ft., and roadways shall have all-weather driving surface, capable of supporting the load of fire apparatus, a minimum 20 ft. in width, and a minimum vertical clearance of at least 13 ft. 6 in. [NFPA and NFPA ] 5. The plan indicates fire hydrants will be required. Because building information is not provided, fire hydrant location and spacing will be reviewed at the time of building permitting. All portions of an unsprinklered building must be with-

15 Page 13 Page 13 in 300 ft. hose lay distance of a fire hydrant. All portions of a sprinklered building must be within 500 ft. hose lay distance of a fire hydrant. City Code ch 24.27(f) Building 1. Building Plan Review is not applicable to this case at this time. 2. The building design will be reviewed for code compliance during the design development and construction documents phase. This project shall comply with the 2017 Florida Building Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code, Florida Plumbing Code, Florida Accessibility Code, and NEC 2011 Water Reclamation 1. The Water Reclamation Division has no objections with the proposed Master Plan subject to the following conditions: The new sanitary sewer to be serve the proposed building shall be privately owned and maintained. 2. During Construction Plan Review provide verification of a Commercial Owners Association (COA) or other joint use agreement that establishes rights of sewer pipe crossing onto adjacent properties and establishes maintenance responsibilities of the private sewer collection system. 3. Contact Steven Howe (407) or steven.howe@cityoforlando.net Informational Comments Police 1. The Orlando Police Department has reviewed the plans for FSER Millenia located at 4050 Millenia Blvd, applying 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. 2. CPTED conditions will be ed to the client by the Project Manager with the City. For questions regarding the Orlando Police Department plan review, please contact Audra Rigby at or Audra.Rigby@cityoforlando.net. Growth Management 1. Recommend for Approval Parks 1. No Review Required Transportation Impact Fees 1. Any new construction, change in use, addition, or redevelopment of a site or structure shall be subject to a review for Transportation Impact Fees. These will be due at the time of building permit issuance, and based upon final permit plan review. For a copy of the complete ordinance or impact fee rate chart, you may reference our website at: Rate_Schedule.pdf 2. Any exemptions or credits against the Transportation Impact Fee must be reviewed prior to permit issuance. All Transportation Impact Fee Credits shall be initiated and processed by the Transportation Impact Fee Coordinator. Credit may be available for the previous active uses being removed for the construction of the new building(s). 3. 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, and that the potential impacts on public facilities and services are mitigated. 4. All new construction, changes in use, additions or redevelopment are required to submit a Concurrency Management application as a part of the building plan review process.

16 Page Contact Information Growth Management For questions regarding Growth Management plan review, please contact Mary-Stewart Droege at (407) or Land Development For questions regarding Land Development review, please contact TeNeika Neasman at (407) or Urban Design For questions regarding Urban Design plan review, please contact Terrence Miller, at or Transportation For questions regarding Transportation Planning plan review, please contact John Rhoades at or Engineering/Zoning For questions regarding Concurrency Management contact Keith Grayson at or To obtain plan review status, schedule/cancel an inspection and obtain inspection results, please call PROMPT, our Interactive Response System at Water Reclamation For questions regarding Water Reclamation plan review, please contact David Breitrick at or Public Works For questions regarding Public Works plan review, please contact Richard Lee at Police For questions regarding the Orlando Police Department plan review, please contact Audra Rigby at or Fire For any questions regarding fire issues, please contact Charles Howard at or at Building For questions regarding Building Plan Review issues contact Don Fields at (407) or Parks For questions regarding Parks Plan Review issues contact Justin Garber at (407) or Transportation Impact Fees For questions and information regarding Transportation Impact Fee rates you may contact Nancy Ottini at (407) or Review/Approval Process Next Steps 1. MPB minutes scheduled for review and approval by City Council on February 12, Any applicable permits may be requested prior to the City Council approval of the MPB meeting minutes, but these permits may not be issued until the MPB minutes are approved.