METROWEST DRI DO RESCISSION

Transcription

1 June 20, 2017 Staff Report to the Municipal Planning Board C A S E # D R I I t e m # 5 METROWEST DRI DO RESCISSION DRI Subject Property Boundary Conroy-Windermere Rd. Location Map Subject Site S U M M A R Y Owner MetroWest Master Association, Inc. (MWMA) Applicant Tara Tedrow, Esq., Lowndes, Drosdick, Doster, Kantor and Reed, PA Project Planner Mary-Stewart Droege, AICP Property Location: The Metrowest Development of Regional Impact (DRI) property is generally located north and east of the Florida Turnpike, south of Old Winter Garden Rd., east of S. Apopka Vineland Rd., and west of S. Kirkman Rd. (+/- 1,781 ac.; District 6). Applicant s Request: The applicant is requesting to: 1) Rescind the Metrowest Development of Regional Impact (DRI) Development Order (DO). Staff s Recommendation: Approval of the request, subject to the conditions in the staff report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property on June 8, As of the published date of this report, staff has received 7 inquiries from the public concerning this request. Information about the proposed rescission has also been provided under announcements on the planning website at: Updated: June 13, 2017

2 Page 2 Development of Regional Impact (DRI) Development Order (DO) Subject Area Maps Existing Proposed Removal of the DRI

3 Page 3 Project Analysis Project Description The Metrowest DRI is generally located north of the Florida Turnpike, south of Old Winter Garden Road, east of S. Apopka Vineland Road and west of S. Kirkman Road (+/-1,781 gross acres; net developable area of +/-1,362 acres; see map on first page). First approved in 1983, as Project Debra, the Metrowest DRI has evolved from a large golf course community to a quality, mixed-use development. Representing the Metrowest Master Association (MWMA), which became the master developer in 2015; the applicant has submitted a request to rescind the DRI Development Order, consistent with Section , Florida Statutes. A copy of the current request for Rescission of Metrowest DRI Development Order and the Order Approving Rescission of Metrowest DRI Development Order, submitted by the applicant, is included in Appendix A of the staff report. Previous Actions: February 28, Project Debra (now known as Metrowest ) DRI Development Order was adopted pursuant to section , Florida Statutes, and constituted development approval for a Development of Regional Impact, then consisting of approximately 1,785 acres of land and proposing a mixture of land uses ranging from 4,525 residential dwelling units to an "Agriplex," an international agribusiness trade mart (Official Records Book 3354, Page 2364); February 11, "Project Debra DRI Development Order Amendment 1," a non-substantial deviation amendment to the Metrowest DRI DO was adopted, and the development program was modified; March 12, 1990-"Amendment No. 2 to Project Debra Development Order" (hereinafter the "Metrowest DRI DO"), a nonsubstantial deviation to the Metrowest DRI DO was adopted (O.R. Bk 4168, Page 2722). Changes to the DO included adding signalization criteria, removal of land use designations on the Master Plan, and identifying vehicular trips per zone; September 15, 2015 Third Amendment to the Metrowest Development of Regional Impact (DRI) Development Order was adopted. Recorded on September 1, 2016 (Doc. No ), this amendment, upon request of the Veranda Park property owner, removed the ac. property, comprised of 852 multifamily residential dwelling units and up to 207,830 square feet of office and commercial uses, from the DRI. The amendment also recognized that the DO was temporarily suspended due to a lack of annual reporting. The amendment also detailed that the Metrowest DRI was virtually built-out. Moreover, all necessary public or private infrastructure required by the Metrowest DRI DO had been provided or was no longer needed; and that the Growth Management Plan and Land Development Code adequately regulate the use of land and development within the Metrowest DRI, without the need for the Metrowest DRI Development Order. I D e v e l o p m e n t O r d e r ( D O ) R e s c i s s i o n R e q u i r e m e n t s Overview Section (b), Florida Statutes According to Section (b) of the Florida Statutes, If requested by the developer or landowner, the development-of-regional- impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed r an existing permit or equivalent authorization issued by a governmental agency as defined in s (6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies. Growth Management Plan Future Land Use Policy According to Future Land Use Policy 1.3.6, (f)or applicants wishing to rescind an adopted development of regional impact (DRI) development order consistent with state statutes, the following criteria shall apply: 1. The applicant shall demonstrate that all mitigation related to the amount of development that exists on the date of the rescission has been completed consistent with section (b), Florida Statutes. 2. If the remaining development program exceeds 120% of DRI thresholds, an application for a local development order shall be required pursuant to Policy The local development order shall be approved prior to or concurrent with, the rescission of the DRI development order. 3. If the remaining development program does not exceed 120% of DRI thresholds, the City shall have the right to

4 Page 4 require planned development (PD) zoning if no alternative zoning district is determined to be sufficient to address site development, phasing or the adequate provision of public facilities. The PD zoning application shall be reviewed according to the procedures identified in the Land Development Code (LDC). Regional coordination is not required. If the City does not require PD zoning, the proposed development must meet the standard development review procedures identified in the LDC. Analysis The following analysis addresses the requirements of Section (b), Florida Statutes and Future Land Use Policy 1.3.6: M e t r o w e s t D R I D O A m e n d m e n t R e s e a r c h ( D R I ) The 2015 Third Amendment to the Metrowest Development of Regional Impact (DRI) Development Order (DO) identified that the Metrowest DRI is nearly built-out and all necessary public or private infrastructure required by the Metrowest DRI Development Order has been provided or is no longer needed. As detailed in the 2015 MPB DRI DO amendment staff report, the original Metrowest DRI development program consisted of a single phase, comprised of three geographic zones (Zones 1, 2 & 3). Development and associated vehicular trips were allocated to each zone along with prescribed mitigation, such as new roadways and utility infrastructure. City Transportation Planning identified that development had generally been tracked via transportation trips at specific ITE trip rates ( a s provided in the development order). A total 138,242 average daily trips were assigned to the entire DRI. This assignment was based on a total development program of 6,037,500 square feet of commercial uses (which included office square feet), 4,348 residential units (single and multifamily dwellings), 1,850 hotel rooms and 25,000 square feet of public use. Based on the 2012 DRI trip tracking summary report, approximately 2,100,067 square feet of commercial uses, 9,117 residential units and 9,131 square feet of civic use have been built. The 2012 analysis also identified that the residential component had exceeded the assigned maximum by approximately 200%, which has been counterbalanced by the built commercial component that is an estimated one third of the original assignment of 6 million square feet. Moreover, given that the average trip rate for commercial is approximately 12 trips per 1,000 square feet, and that the average trip rate for residential is around 7 trips per unit, the DRI is under the maximum trips allowed for tracking purposes. As part of the review, a total of acres (+/-15 parcels) were identified as vacant; which is less than 4% of the Metrowest DRI total net area of +1,362 acres. A recent vacant land analysis in 2017 by Transportation Planning supported this finding, indicating that +/-49.2 ac. remain vacant and the DRI is essentially built out. The remaining development (program) does not trip the 120% of DRI thresholds (per (3)(f) State Statues) Annual Metrowest DRI DO Report Findings The DRI Development Order requires that as part of the larger development, certain development obligations (terms and conditions) are to be met by the Master Developer. These terms and conditions addressed a broad range of development requirements from Historical and Archeological Conditions to Transportation Services. The 2004 Annual Metrowest DRI DO Report, which had been reviewed and accepted by City staff, stated that all necessary obligations (conditions) had been met. The Metrowest Development of Regional Impact DO has no expiry date, which is typical in most recent DRI s, and thus requires rescission. Metrowest Master Association Responsibilities In the 1990 Metrowest DRI DO Amendment 2, Condition 3.1.3, the Metrowest Master Association, Inc. (MWMA), a non-profit corporation, was established for the Metrowest Project and given various powers and responsibilities through certain Master Declaration of Protective Covenants and Restrictions (OR Book 3759, Page 2756). In particular, the MWMA has been vested with the authority to assess and collect fees for the operation and maintenance of common facilities. While the DRI DO will be rescinded, the MWMA, due to the covenants and responsibilities, will continue in its present role. Standard Development Review Procedures In the most recent 2015 DO amendment, under subpart 3, The City s existing Growth Management Plan (the GMP ) and the Land Development Code (the LDC ) adequately regulate the development and use of land within the Metrowest DRI without the need for the Metrowest DRI DO. Accordingly, the removal of the DRI DO will not adversely impact property owner s development rights and all land development and related uses will be regulated by the City s Land Development Code (LDC).

5 Page 5 Site and Area Photos Google View of entry at Metrowest Blvd. and Kirkman Rd. Google View looking north across Turkey Lake at development within Metrowest. Google Looking west: View along Westgate Drive at typical multifamily development. Google Looking north: View of Metrowest Golf Course from Hiawasse Rd. Lake Hiawassee in far distance. Google Google Typical view of retail near Metropolis Way. View south along Westpoint Blvd. single family housing to either side.

6 Page 6 6 Map H-Master Development Plan (1990 Development Order, as amended) Findings Subject to the conditions contained herein, the Development of Regional Impact Development Order (DO) rescission (proposal) is consistent with the requirements for approval of DRI rescission pplications contained in Section , of the Land Development Code (LDC): 1. The proposal is consistent with Chapters 163, 187, and 380, Florida Statutes. 2. The proposal is consistent with the East Central Florida Strategic Regional Policy Plan. 3. The proposal is consistent with the objectives and policies of the City s adopted Growth Management Plan (GMP); particularly, Future Land Use Policy The proposal is consistent with the purpose and intent of the requirements of the Land Development Code. 5. The proposal is compatible with the surrounding development pattern. 6. The necessary public facilities will be adequate to serve existing and possible future uses. Recommendation Staff recommends approval of the DRI DO rescission (DRI ). Informational Comments 1. Transportation: The Transportation Dept. has no outstanding conditions of development, concurrency, or impact fees items that remain unresolved for this DRI. Any unmet roadway network changes are no longer considered viable or desired by the City. This Department supports the rescission of this DRI. 2. Solid Waste: No review required. Contact Information 1. City Planning: Growth Management and Land Development For questions regarding Growth Management Plan and Land Development review, please contact Mary-Stewart Droege at (407) or mary-stewart.droege@cityoforlando.net. 2. Transportation For questions regarding Transportation Planning plan review, please contact John Rhoades at or john.rhoades@cityoforlando.net. 3. Solid Waste For questions regarding Solid Waste plan review, please contact Jonathan Guilliam at or jonathan.guilliam@cityoforlando.net.

7 Page 7 7 Review/Approval Process Next Steps 1. MPB minutes scheduled for review and approval by City Council on July 24, 2017; 2. Request for Metrowest DRI Development Order (DO) Rescission forwarded to City Attorney s Office during July 2017; 3. Rescission Order Public Hearing at City Council in August 2017; 4. Staff forwards DRI DO rescission package to State Planning Agency (DEO) during August 2017; and 5. DRI DO rescission becomes effective pursuant to DEO requirements. The above schedule is tentative and subject to change.

8 Page 8 8 Appendix A

9 REQUEST FOR RESCISSION OF METROWEST DRI DEVELOPMENT ORDER THIS REQUEST FOR RESCISSION OF METROWEST DRI DEVELOPMENT ORDER (this Request ) is submitted on behalf of METROWEST MASTER ASSOCIATION, INC., a Florida non-profit corporation ( Metrowest Association ) whose address is 2121 S. Hiawassee Road, Suite 132, Orlando, Florida 32835, by and through its undersigned attorney, Miranda F. Fitzgerald, c/o Lowndes, Drosdick, Doster, Kantor & Reed, P.A., 215 N. Eola Drive, Orlando, Florida Factual Background 1. Pursuant to that certain Assignment of Rights recorded on May 13, 2015 in Official Records Book 10919, Page 628 of the Public Records of Orange County, Florida, the Metrowest Association was assigned the rights, obligations and duties of the master developer for that certain property located in the City of Orlando that is commonly known as the MetroWest Development of Regional Impact (the Metrowest DRI ), which is more particularly described in Attachment 1 hereto and in the Metrowest DRI Development Order (as hereinafter defined). 2. The Metrowest DRI was formerly known as Project Debra, adopted by the City Council of the City of Orlando (the City ) on February 28, 1983, and noticed under that certain Notice of Adoption of Development Order recorded March 4, 1983 in Official Records Book 3354, Page 2364 of the Public Records of Orange County, Florida (as thereafter amended, collectively the Metrowest DRI Development Order ). 3. The Metrowest DRI Development Order specifies the required mitigation for the development of the Metrowest DRI. 4. Pursuant to Section , Florida Statutes, [i]f requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s (6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies. (Emphasis added). 5. Pursuant to that certain Third Amendment to the Metrowest DRI Development Order, dated September 21, 2015, and recorded September 1, 2016, with document number , in the Public Records of Orange County, Florida, the City concluded that: (i) all necessary public or private infrastructure required by the Metrowest DRI Development Order has been provided or is no longer needed, and \045093\ \2 1

10 (ii) the City s existing Growth Management Plan and Land Development Code adequately regulate the development and use of land within the Metrowest DRI without the need for the Metrowest DRI Development Order. 6. Since all required development and mitigation under the Metrowest DRI Development Order has been completed or is no longer needed for the amount of development that exists in the Metrowest DRI, Metrowest Association hereby requests that the City rescind the Metrowest DRI. Request for Rescission 1. Factual Background Incorporated. The facts set forth in the Factual Background above are true and correct and are hereby incorporated into this Request by this reference. 2. Metrowest DRI Rescission. Based on the information presented herein, Metrowest Association hereby requests rescission of the Metrowest DRI Development Order. 3. Proposed Order Approving DRI Rescission. Attachment 2 sets forth a proposed form of an Order Approving Rescission of Metrowest DRI Development Order that the City may wish to use once it has confirmed that all of the required mitigation for the amount of existing development has been completed. DATED: Respectfully submitted, Miranda F. Fitzgerald, Esq. Lowndes, Drosdick Doster, Kantor & Reed, P.A. 215 N. Eola Drive, Orlando, FL (407) As Attorney for: METROWEST MASTER ASSOCIATION, INC., a Florida non-profit corporation \045093\ \2 2

11 Attachment 1 LEGAL DESCRIPTION To be provided at time of review by the City's Attorney's Office \045093\ \2

12 Attachment 2 ORDER APPROVING RESCISSION OF METROWEST DRI DEVELOPMENT ORDER THIS ORDER APPROVING RESCISSION OF METROWEST DRI DEVELOPMENT ORDER is issued by the City of Orlando, a municipal corporation organized and existing under the laws of the State of Florida, whose address is 400 S. Orange Avenue, Orlando, Florida Factual Background 1. Pursuant to that certain Assignment of Rights recorded on May 13, 2015 in Official Records Book 10919, Page 628 of the Public Records of Orange County, Florida, the Metrowest Association was assigned the rights, obligations and duties of the master developer for that certain property located in the City of Orlando that is commonly known as the Metrowest Development of Regional Impact (the Metrowest DRI ), which is more particularly described in Exhibit A hereto and in the Metrowest DRI Development Order (as hereinafter defined). 2. The Metrowest DRI was formerly known as Project Debra, adopted by the City Council of the City of Orlando (the City ) on February 28, 1983, and noticed under that certain Notice of Adoption of Development Order recorded March 4, 1983 in Official Records Book 3354, Page 2364 of the Public Records of Orange County, Florida (as thereafter amended, collectively the Metrowest DRI Development Order ). 3. The Metrowest DRI Development Order specifies the required mitigation for the development of the Metrowest DRI. 4. Pursuant to Section , Florida Statutes, [i]f requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s (6), provided such permit or authorization is subject to enforcement through administrative or judicial remedies. (Emphasis added). 5. Pursuant to that certain Third Amendment to the Metrowest DRI Development Order, dated September 21, 2015, and recorded September 1, 2016, with document number , in the Public Records of Orange County, Florida, the City concluded that: (i) all necessary public or private infrastructure required by the Metrowest DRI Development Order has been provided or is no longer needed, and \045093\ \2 1

13 (ii) the City s existing Growth Management Plan and Land Development Code adequately regulate the development and use of land within the Metrowest DRI without the need for the Metrowest DRI Development Order. 1. A Request for Rescission of the Metrowest DRI Development Order (the Request ) dated, 2017, was submitted to the City on behalf of Metrowest Association. A copy of the Request is attached hereto as Exhibit B. 2. Based on the information contained in the Request, the City has confirmed that the required mitigation has occurred within the Metrowest DRI as of the date of this Order. NOW THEREFORE, based on the information presented herein, the City hereby rescinds the Metrowest DRI Development Order and acknowledges that the terms Metrowest Development of Regional Impact or Metrowest DRI as used in any applicable approval, agreement, development order, document or permit shall mean and refer to the parcels comprising the Metrowest DRI as described herein. The City hereby confirms that that each of the parcels within the Metrowest DRI shall have all rights and entitlements authorized under the specific Future Land Use and zoning designations assigned to the parcel as set forth in the applicable provisions of the City s Growth Management Plan and Land Development Code. ATTEST: Mayor/Pro Tem Denise Aldridge, City Clerk APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Orlando, Florida, only. Assistant City Attorney CERTIFICATE OF SERVICE A certified copy of this Order Approving Rescission of the Metrowest DRI Development Order has been sent by U.S. Mail to the Florida Department of Economic Opportunity, Division of Community Development, 107 East Madison Street, Caldwell Building, MSC 160, Tallahassee, FL and to the East Central Florida Regional Planning Council at 309 Cranes Roost Boulevard, Suite 2000, Altamonte Springs, FL this day of, \045093\ \2 2

14 Exhibit A Legal Description To be provided at time of review by the City's Attorney's Office \045093\ \2 3

15 Exhibit B Copy of Rescission Request To be added at time of review by the City's Attorney's Office \045093\ \2 4