Staff Report to the Municipal Planning Board (MPB) November 15, 2016 CUP2016-00023 Item #2 CULVER S RESTAURANT MILLENIA BLVD. UNINCORPORATED ORANGE COUNTY Costco Academy Sports & Hobby Lobby Millenia Gardens Elem. School Millenia Blvd. Wawa Location Map S UMMARY Subject Site Applicant Chris McGuire McCon Bldg. Corp. for Culver s, Inc. Property Owner Andrew Meran, VP Heartwood 21, LLC Project Planner Jim Burnett, AICP Updated: November 3, 2016 Property Location: Millenia Blvd. (northeast corner of Millenia Blvd. and Power Center Ln., west of S. John Young Pkwy.) (parcel #09-23-29-2952-00-007) (±0.98 acres, District 4). Applicant s Request: The applicant requests a Conditional Use Permit (CUP) to develop a 4,218 sq. ft. sit-down restaurant and drive-through as part of the Gardens on Millenia commercial development. The property is zoned AC-1 and is in the northeast portion of the Millenia neighborhood. Staff Recommendation: Approval of the proposed Conditional Use Permit, per the conditions in the staff report. Public Comment: Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of October 31, 2016. As of the mail-out of the staff report, staff has received no public inquiries to the CUP request.
Page 2 FUTURE LAND USE MAP UR-AC UNINCORPORATED ORANGE COUNTY SUBJECT PROPERTY Millenia Blvd. OFFICE-LOW OFFICE-LOW/ RES-PRO Z ONING MAP UNINCORPORATED ORANGE COUNTY AC-2 SUBJECT PROPERTY Millenia Blvd.
Page 3 P ROJECT ANALYSIS Project Description The applicant is requesting Conditional Use Permit (CUP) approval to develop a 4,218 sq. ft. sit-down restaurant and drive-through as part of the Gardens on Millenia commercial development. Drive-through uses require a CUP under AC-1 zoning. Previous Actions 6/2000: Subject property annexed into City of Orlando (City Doc. #32952), with subsequent approval of an annexation agreement (City Doc. #33144). 1/2013: Subject property acquired by current owners. 12/2013: New Master Plan (MPL2013-00033) approved for Gardens on Millenia (±292-unit multi-family apartment complex, ±324,000 sq. ft. of commercial/retail space and future ±37-acre parcel for commercial/retail use), subject to GMP and zoning amendments (see next entry). 2/2014: City Council approved GMP amendments (GMP2013-00020, Doc. #1401271202) changing the future land use to Community Activity Center and Conservation, and amending Future Land Use Subarea Policy S.24.7, removing the expired PD development program, and also approved rezoning (ZON2013-00022, Doc. #1402241203) the property to AC-1 (Community Activity Center). Project Context The 0.98-acre property is located on the south side of Millenia Blvd., west of S. John Young Pkwy. and adjacent to the new Millenia Gardens Elementary School (to the east). Adjacent uses, zoning and future land use designations are shown in Table 1 on the following page. 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 (CUP) applications: 1. Purpose and Intent. The purpose and intent of the use and all other requirements of the LDC. A ERIAL PHOTO Academy Sports & Hobby Lobby Costco SUBJECT SITE New Elem. School Millenia Blvd. OFD Fire Station
Page 4 Direction Future Land Use Zoning Adjacent Uses North (across Gardens Ridge Way) Community AC-1 (Community Academy Sports Activity Center (COMM-AC) Activity Center) & Hobby Lobby East South T ABLE 1 - PROJECT CONTEXT Office Low Intensity (OFFICE-LOW) (across Millenia Blvd.) OFFICE-LOW PD (Wesco Square Planned Development) O-1 (Low Intensity Office - Residential) Millenia Gardens Elementary School Heritage on Millenia Apartments West (across Power Center Ln.) COMM-AC AC-1 Vacant Parcel 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 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 62 and the proposed use must also be compatible with surrounding land uses and the general character of the neighborhood, including building height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting and general appearance. 5. Public Facilities and Services. Ensure that 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. Conformance with Growth Management Plan and Zoning As previously noted, the property has Community Activity Center future land use and is zoned AC-1 (Community Activity Center). The proposed restaurant with a drive-through/pick-up window requires approval of a Conditional Use Permit in the AC-1 zoning district. Proposed development standards for the proposed use are shown in Table 2 below. Table 2 - Development Standards (AC-1 zoning) (0.98 ac.) Proposed Use Setbacks (Min. Max./Proposed (P)) (ft.) Max. FAR / Front Street Side Side Rear Proposed (P) (Millenia Blvd.) (W) (E) (N) Restaurant with Drive-Through 0 / ±46 P 0 / 76 P 0 or 3 / 76 P 10 / ±79 P 0.7 (29,882 sq. ft.) ±0.09 (4,218 sq. ft.) P Max. ISR/ Proposed 85% / 84% P Max. Bldg. Ht. /Proposed 75 ft. / ±20 ft. P The proposed restaurant with a drive-through is consistent with the Growth Management Plan (GMP) and with AC-1 zoning. The request is also consistent with all portions of the Land Development Code (see below for further details on needed adjustments to the site plan for the proposed use). Drive-In Facilities (LDC Chapter 58 Part 4E) All Drive-in Facilities shall provide on-site waiting areas for vehicles awaiting drive-in service, in accordance with the following standards: Location - Ordering areas shall provide convenient or continuous access to the drive-in facility, and must be located at or before any speaker box or the like, if included in the Drive-in Facility. By-Pass Aisle - Is required. Design - All waiting spaces, aisles and other related vehicular use areas must be designed in accordance with the applicable off-street parking design requirements of LDC Chapter 61, Part 3. Minimum Number of Waiting Spaces - Shall be as follows (including the vehicle being served): (a) Financial Institution: 6 spaces for each teller.
Page 5 (b) Car Wash: 5 spaces for each service bay. (c) Church or Religious Institution: 5 spaces. (d) Restaurant: 6 spaces minimum. (e) Drive-in Theater: 20 spaces. (f) Other uses: As determined by the Zoning Official. The following additional drive-in criteria are provided, with staff responses following, in italics: Any Drive-in Facility located along an arterial street shall be subject to the unified access and circulation requirements of LDC Chapter 61, Part 1. The parcel in question fronts on Millenia Blvd., which is a collector roadway per the City s Revised Thoroughfare Plan. However, unified access and circulation is being provided within the overall Gardens on Millenia develop ment site. The subject use will not have a direct curbcut onto Millenia Blvd. but will have access via a side street (Power Center Ln.), which connects to Millenia Blvd. and also to other retail uses within Gardens on Millenia. All speaker boxes located within 300 ft. of any residential use shall be oriented away from the residential use. The nearest residential use (multi-family) is located +280 ft. to the south, across Millenia Blvd. The speaker box for the restaurant will be located on the north side of the building, with the building and roadway noise blocking any speaker noise. All Drive-in Facilities shall be so located and designed that they will not create a traffic hazard or nuisance in relation to similar uses, buildings or proposed buildings on or adjacent to the building site, and the traffic patterns from such uses or buildings. In addition, Drive-in Facilities shall be so located and designed as to minimize turning movements in relation to their driveway access to streets and intersections, and to minimize turning movements across sidewalks and pedestrian access ways, which may disrupt pedestrian circulation within activity centers. The site plan for the proposed restaurant with drive-through has gone through many iterations, all geared toward elimination of pedestrian/traffic conflicts. The restaurant is being located on its own parcel and is designed to not create traffic hazards or nuisances relative to adjacent uses (retail uses to the north and an elementary school to the east). Transportation As previously noted, vehicular access to the proposed restaurant with drive-through will be from Power Center Dr., which is accessed from Millenia Blvd., with additional access to other parts of the overall Gardens on Millenia property via Gardens Ridge Way. Per the approved Gardens on Millenia master plan, minimum 5 ft. wide sidewalks are required parallel to all streets and an interior sidewalk needs to be extended from the proposed restaurant southward, across the front drive aisle, to connect to Millenia Blvd. Parking. A minimum 21 spaces are required, per Table 3 at right, with 57 spaces proposed. The site is also required to provide no less than five (5) short-term bicycle parking spaces, with location to be verified during permitting of the project. Transportation Impact Fees. A Transportation Impact Fee of $176,720.44 will be due at the Ratio - Min./Max. (spaces per 1,000 sq. ft. of gross floor area (GFA)) Table 3 - Parking Requirements (per LDC Section 61.322, Figure 27)) Restaurant - min. 5 sp. / 1000 sq. ft. GFA; max. 20 sp./1000 sq. ft. GFA Area (sq. ft.) Required Spaces (min./max.) Proposed Spaces ±4,218 21 / 84 57 time of building permit issuance, subject to change upon final permit plan review. Any additional impact fees will also be due at time of building permit issuance. Urban Design/Phasing The subject parcel is vacant and ready for development. The overall Gardens on Millenia site is being developed on a parcel by parcel basis, with this parcel and a similarly sized parcel to the west being the next to last pieces of the overall development site. The applicant provided building elevations and a landscape plan (see pages 9 & 10). Landscaping. Per the AC-1 zoning, the overall site impervious surface ratio (ISR) must not exceed 85% (is proposed to be 84%). Required perimeter landscaping for the proposed restaurant site is shown in Table 4 (on the following page) and will be installed per LDC Sections 60.221 & 61.312.
Page 6 Signage. All signs must be consistent with LDC Sections 64.201 &.202, General Sign Standards. Based on building frontages on three streets, the proposed restaurant with drive-through will be allowed ±260 sq. ft. of total sign area. A sign master plan was approved as part of the Gardens on Millenia development in 2014 (see LDC2015-00407). Per the approved master plan, the proposed restaurant with drive-through is allowed a monument sign not to exceed 8 ft. in height and maximum 37.5 sq. ft. per sign face. All signs must be issued a building permit prior to fabrication and installation. Table 6 - Landscaping Requirements - LDC Section 60.222 Yard Landscaping - Minimum ; Proposed Front (Milllenia Blvd.) East Side (Elem. School) West Side (Power Ctr. Dr.) Rear (North, Gardens Ridge Way) Minimum 7.5 ft. buffer between front drive aisle and lot/r-o-w line; 7.5-ft. landscaped buffer proposed Minimum 7.5 ft. between parking & adjacent property line; 7.5 ft. buffer proposed Minimum 7.5 ft. between parking and west lot/r-o-w line; 7.5 ft. wide buffer proposed Minimum 7.5 ft. between rear parking and adjacent lot/r-o-w line; 7.5 ft. buffer proposed Solid Waste. A dumpster to serve the proposed restaurant use is shown at the northwest corner of the lot, where it can be readily accessed by solid waste trucks without interfering with the ingress and egress. The dumpster will be in a corral/enclosure matching the materials being used for the restaurant, with landscaping around said enclosure. School Impacts The proposed restaurant with drive-through will be a non-residential use. No further school concurrency/capacity analysis is needed. FINDINGS Staff finds that the proposed Culver 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 proposed request is consistent with the City s Growth Management Plan and Land Development Code; 2. The proposed request meets the standards for a drive-in use (Section 58 Part 4E) and is consistent with the AC-1 zoning district; 3. The proposed use conforms to all applicable performance and design standards within the LDC and will be compatible with the general character of the neighborhood; and 4. Existing public facilities, infrastructure and services are adequate to serve the proposed restaurant with a drivethrough. Staff Recommendation Based on the information provided in the staff report and the findings noted above, staff recommends approval of the Culver s Restaurant with Drive-Through CUP, per the conditions beginning on page 11 of this report. S ITE PHOTO SUBJECT SITE, LOOKING NORTHWEST, WITH ACADEMY SPORTS IN BACKGROUND.
Page 7 A PPROVED GARDENS ON MILLENIA MASTER PLAN Vacant Lake Amanda Home Depot 292-unit multi-family development (under construction) Cathy St. extended to S. John Young Pkwy. Costco Academy Sports & Hobby Lobby Cross-access Cross-access to new elem. school to the east. Parking Gas Station Strip Center Strip Center Vacant CULVER S SUBJECT PARCEL MILLENIA BLVD.
Page 8 R EVISED SITE PLAN (MID-OCTOBER 2016) GARDENS RIDGE WAY -> Elem. School Dumpster Culver s Pick-up Parking Outdoor Patio Mon. Sign
Page 9 P ROPOSED BUILDING ELEVATIONS BUILDING FRONT, FACING MILLENIA BLVD. EAST ELEVATION, FACING ELEMENTARY SCHOOL WEST ELEVATION, FACING POWER CTR. LN. REAR ELEVATION, FACING GARDENS RIDGE WAY
Page 10 P ROPOSED LANDSCAPE PLAN GARDENS RIDGE WAY POWER CENTER LN. C U L V E R S MILLENIA BLVD. S ITE PHOTO SUBJECT PARCEL, LOOKING SOUTHEAST FROM GARDENS RIDGE WAY TOWARDS MILLENIA BLVD.
Page 11 C ONDITIONS OF APPROVAL - REQUIRED Growth Management (no issues) Land Development 1. Impervious Surface Ratio (ISR) - Maximum ISR for the parcel is limited to 85%. 2. Floor Area Ratio (FAR) - Maximum intensity for the parcel must not exceed 0.70 FAR, per the corresponding Community Activity Center (COMM-AC) future land use designation and AC-1 zoning. 3. Building Height: A maximum building height of 75 ft. is allowed within the AC-1 zoning district. 4. Parking - A minimum 21 spaces are required for the proposed restaurant with drive-in. 5. Signs - Maximum sign area must not exceed 260 sq. ft., based on building frontages on Millenia Blvd., Power Center Ln. and Gardens Ridge Way. The proposed monument sign must comply with the approved Gardens on Millenia Sign Master Plan. Digital signs are prohibited for this site. All signs must receive permits prior to fabrication and installation. 6. Phasing - The proposed restaurant with drive-in will be developed in a single phase. 7. CUP Expiration - A building permit must be obtained for the work requiring said CUP within two (2) years of approval of said CUP, or the CUP will expire (the applicant would then need to apply for a new CUP). If a building permit for the work requiring the CUP expires before a certificate of occupancy (CO) or certificate of completion (CC) is issued for the work requiring said CUP, then the CUP will no longer be valid and the appli cant must apply for a new CUP. The Planning Official may extend the time limit for the CUP for one period of up to 12 months for good cause shown, upon written application filed 30 days prior to the expiration date of said CUP.. 8. 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. 9. 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. Appearance review will be required at time of permitting. 2. The dumpster enclosure must have exterior finishes, including the watertable and capstone/trim, to match those of the principal building, and must also be landscaped around the base. Gates must be decorative and opaque. 3. The patio area must include a tree, as required in Chapter 61, Part 3B, of City Code. 4. A streetwall, 3 to 5-ft. in height, must be installed along the Millenia Blvd. street frontage. 5. All exterior glazing must be clear glass, minimum 80% light transmittance; OR low-e glass with a minimum light transmittance of 60%. The south and west elevations must have at least 15% transparency, and the transparency must be placed within 2 to 8-ft. above the exterior grade. 6. A sidewalk at least 5-ft. wide must be installed along the Millenia Blvd. frontage, either within the right-of-way or on the site within a dedicated City-services easement. 7. Street trees must be provided, per Section 60.216 of City Code, along the north, west, and south frontages. 8. Site lighting must comply with Chapter 63, Part 2M, of City Code. Transportation Planning 1. Bicycle Parking: Per LDC Sec 61.333, five (5) bike racks must be installed on the site. The racks must conform
Page 12 R EQUIRED CONDITIONS - CONTINUED to City standards and be located on an impervious surface so as not to interfere with pedestrian or other vehicular movements. 2. Transportation Impact Fees a. Any new construction, change in use, addition, or redevelopment of a site or structure is subject to a review for Transportation Impact Fees. Transportation impact fees in the amount of $176,720.44 will be due at the time of building permit issuance, subject to change upon final permit plan review. For a copy of the complete ordinance or impact fee rate chart, you may reference our website at: http://www.cityoforlando.net/planning/transportation/ifees.htm. b. The applicant shall comply with all applicable requirements of LDC Chapter 59, Concurrency Management, 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. c. All new construction projects 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 web site at: http://www.cityoforlando.net/permits/forms/concurrency.htm. Transportation Engineering 1. Parking lot and parking space dimensions must comply with Orlando LDC and ESM. 2. On-site sidewalks must be a minimum of 5 wide if adjacent to a drive aisle and 6 wide if adjacent to parking stalls. 3. The combination drive thru lane and drive aisle must be a minimum 24-ft. wide to allow for two lanes. If the drive thru lane is separate from parking lot drive aisles, it must be a minimum 16-ft. wide to allow for a bypass lane. 4. At all project entrances, clear sight distances for drivers and pedestrians must 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 must be shown and noted on construction plans and any future site plan submittals. The applicant must design the site plan as necessary to comply with the Florida Greenbook and the FDOT Design Standards Index. Sight lines must be provided on both site plans and landscape plans. 5. The final site plan must show the location and size of the on-site solid waste compactor(s) / dumpster(s) with concrete pads, and enclosures with doors. The solid waste container(s) must not be located adjacent to any single family houses or directly adjacent to the public street. Dumpsters must be located to provide a minimum 50 feet of clear backup space and constructed per Orlando Engineering Standards Manual (ESM) requirements, OR documentation must be provided from the City's Solid Waste Division indicating curb pick-up or other approved arrangement. Sewer/Stormwater - The proposed development lies outside of the City sewer service area. Reclaimed water components must be reviewed by the Wastewater Division at time of permitting. Parks - Clearing/Tree Removal: There appears to be no trees on-site, therefore a tree removal/encroachment permit will not be necessary unless any trees whose caliper is equal to or greater than four (4) inches are proposed to be removed. Please contact Justin Garber at 407-246-4047 to obtain a tree removal/encroachment permit. I NFORMATIONAL COMMENTS Orlando Police CPTED Review - The Orlando Police Department has reviewed the plans for the Culver s restaurant with drivethrough, to be located on the north side of Millenia Blvd., west of S. John Young Pkwy., utilizing CPTED (Crime Prevention Through Environmental Design) principles. CPTED emphasizes the proper design and effective use of the built environment to reduce crime and enhance the quality of life. There are four (4) overlapping strategies in CPTED that apply to any development: Natural Surveillance, Natural Access Control, Territorial Reinforcement
Page 13 I NFORMATIONAL COMMENTS - CONTINUED and Target Hardening. CPTED conditions will be emailed to the client by the Project Planner. Orlando Utilities Commission (OUC) Submit detailed water utility plans to Orlando Utilities Commission Development Services. See our Website for submittal information http://www.ouc.com/business/water-services. CONTACT INFORMATION Land Development For questions, contact Jim Burnett at 407-246-3609 or at james.burnett@cityoforlando.net. Growth Management For questions, contact Mary-Stewart Droege at (407) 246-3276 or at mary-stewart.droege@cityoforlando.net. Engineering/Zoning For questions, contact Keith Grayson at 407-246-3234 or at keith.grayson@cityoforlando.net. To obtain plan review status, please call PROMPT, our Interactive Response System at 407.246.4444. Urban Design For questions, contact Ken Pelham at 407-246-3235 or at Kenneth.pelham@cityoforlando.net. Transportation Planning For questions, contact John Rhoades at 407-246-2293 or at john.rhoades@cityoforlando.net. Transportation Engineering For questions, contact Jeremy Crowe at 407-246-3262 or at Jeremy.crowe@cityoforlando.net. Transportation Impact Fees For questions, contact Nancy Jurus-Ottini at 407-246-3529 or at nancy.ottini@cityoforlando.net. Police For questions, contact Audra Nordaby at 407-246-2454 or at audra.nordaby@cityoforlando.net. Parks (Tree Removal/Trimming) For questions, contact Justin Garber at 407-246-4047 or at justin.garber@cityoforlando.net. Stormwater For questions, contact Vince Genco at 407-246-3722 or at vince.genco@cityoforlando.net. R EVIEW/APPROVAL PROCESS-NEXT STEPS 1. Following the MPB meeting, the minutes will go to the December 12, 2016 City Council for review and approval (item will be on the consent agenda, unless pulled by any of the Commissioners or Mayor for further discussion). The time for the City Council meeting is 2pm, to be held in the City Council Chambers, 2nd floor, City Hall. 2. Building permits may be submitted following the MPB recommendation of approval but cannot be approved until the City Council approves the MPB meeting minutes.