AS AMENDED ORDINANCE NO. PROPOSED ORDINANCE ... Commission...2017/12/18  · 475.91 feet to the...

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II-A-2 DECEMBER 18, 2017 1 AS AMENDED ORDINANCE NO. ____ PROPOSED ORDINANCE NO. 17-056 AN ORDINANCE RELATING TO ZONING; AMENDING ORDINANCE 4322, AS AMENDED; PROVIDING FOR A MODIFICATION OF PUD ZONING TO ALLOW 1,350,000 SQUARE FEET OF WAREHOUSE AND DISTRIBUTION USES ON APPROXIMATELY 171.21 ACRES LOCATED SOUTH OF INTERSTATE 4 AND WEST OF STATE ROAD 33; CHANGING THE CONTEXT DISTRICT FROM SUBURBAN NEIGHBORHOOD (SNH) TO SUBURBAN SPECIAL PURPOSE (SSP) AND PRESERVATION, CONSERVATION, RECREATION (PCR); PROVIDING CONDITIONS; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board held a public hearing on October 20, 2015, to consider the request of Timothy F. Campbell, Clark, Campbell, Lancaster and Munson, P.A, on behalf of Seefried Industrial Properties, Inc., to modify the PUD zoning to allow 1,350,000 square feet of warehouse and distribution uses on approximately 171.21 acres located South of Interstate 4 and West of State Road 33, more particularly described in Attachment “A” and graphically depicted on Attachments “B”, and “C”; and WHEREAS, the City of Lakeland proposes to change the context district from Suburban Neighborhood (SNH) to Suburban Special Purpose (SSP) and Preservation, Conservation, Recreation (PCR); and WHEREAS, the Planning and Zoning Board approved the PUD zoning modifications on November 7, 2015, and recommended them to the City Commission; and

Transcript of AS AMENDED ORDINANCE NO. PROPOSED ORDINANCE ... Commission...2017/12/18  · 475.91 feet to the...

Page 1: AS AMENDED ORDINANCE NO. PROPOSED ORDINANCE ... Commission...2017/12/18  · 475.91 feet to the Southeasterly Right -of-Way line of the City of Orlando, Utilities Commission Right

II-A-2 DECEMBER 18, 2017

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AS AMENDED

ORDINANCE NO. ____ PROPOSED ORDINANCE NO. 17-056

AN ORDINANCE RELATING TO ZONING; AMENDING ORDINANCE 4322, AS AMENDED; PROVIDING FOR A MODIFICATION OF PUD ZONING TO ALLOW 1,350,000 SQUARE FEET OF WAREHOUSE AND DISTRIBUTION USES ON APPROXIMATELY 171.21 ACRES LOCATED SOUTH OF INTERSTATE 4 AND WEST OF STATE ROAD 33; CHANGING THE CONTEXT DISTRICT FROM SUBURBAN NEIGHBORHOOD (SNH) TO SUBURBAN SPECIAL PURPOSE (SSP) AND PRESERVATION, CONSERVATION, RECREATION (PCR); PROVIDING CONDITIONS; FINDING CONFORMITY WITH THE COMPREHENSIVE PLAN; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Board held a public hearing on October

20, 2015, to consider the request of Timothy F. Campbell, Clark, Campbell, Lancaster

and Munson, P.A, on behalf of Seefried Industrial Properties, Inc., to modify the PUD

zoning to allow 1,350,000 square feet of warehouse and distribution uses on

approximately 171.21 acres located South of Interstate 4 and West of State Road 33,

more particularly described in Attachment “A” and graphically depicted on Attachments

“B”, and “C”; and

WHEREAS, the City of Lakeland proposes to change the context district from

Suburban Neighborhood (SNH) to Suburban Special Purpose (SSP) and

Preservation, Conservation, Recreation (PCR); and

WHEREAS, the Planning and Zoning Board approved the PUD zoning

modifications on November 7, 2015, and recommended them to the City Commission;

and

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WHEREAS, the City Commission of the City of Lakeland, Florida, after

publication of a notice of its consideration of this ordinance, has determined that it is

in the best interests of the City of Lakeland to modify PUD zoning for property located

South of Interstate 4 and West of State Road 33 to allow for 1,350,000 square feet of

warehouse and distribution uses on approximately 171.21 acres and to change the

context district to Suburban Special Purpose (SSP) and Preservation, Conservation,

Recreation (PCR); and

WHEREAS, the City Commission, having held a public hearing pursuant to said

notice, where interested parties were given opportunity to be heard, finds the property

should be classified or zoned as recommended by the Planning and Zoning Board.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF

THE CITY OF LAKELAND, FLORIDA:

SECTION 1. The property legally described in Attachment “A”, owned by

Whitney Bank and located within the City of Lakeland, is classified or zoned PUD

(planned unit development) and changed to Suburban Special Purpose (SSP) and

Preservation, Conservation, Recreation (PCR) as set forth in Attachments “B”, and

“C”, subject to the following amended conditions:

XVII. Remaining Acreage Business Park A. Land Use Intensity: PUD-10

AB. Permitted Uses and Intensity: Wetlands conservation; passive recreation uses such as walking trails and boardwalks; a golf course, golf practice facility, and golf clubhouse; a community recreation center with community building, tennis, swimming pool, and lakefront marina; maintenance uses commonly associated with the above uses. A maximum of 1.35 million square feet of Level I and Level II warehouse and motor freight transportation uses and

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associated open space, stormwater and roadway improvements.

C. Development Regulations: In accordance with RC zoning

district regulations.

B. Site Development Plan: The project shall be developed in substantial accordance with the site development plan included as Attachment “C,” except as otherwise provided herein. With the approval of the Director of Community Development, minor adjustments, including the number of buildings, can be made at the time of site plan review without requiring a change to this PUD provided that the maximum intensity specified in Condition XVII.A. above is not exceeded.

C. Development Standards: In accordance with the I-2/Suburban

Special Purpose sub-district standards unless otherwise provided herein.

D. Architectural Standards:

1. Building facades shall be architecturally finished with materials such as stucco, brick, stone, finished or decorative cast concrete, decorative concrete masonry, and/or glass.

2. The south facing elevations of buildings 100 and 300

shall either be an office front or building “endcap” such that no truck bays shall face south.

3. Building facades facing public streets and the south

facing elevations of buildings 100 and 300 shall include fenestration, architectural relief, or both so that no portion of a façade shall have a blank area greater than 24 feet in width measured horizontally along the face of the building.

E. Parking: In accordance with Section 4.11 of the Land

Development Code and as generally shown on Attachment “C” except that semi-truck and trailer parking shall be prohibited south of buildings 100 and 300.

F. Outdoor Lighting: In accordance with Section 4.6 of the Land

Development Code, except that wall mounted lighting on the south facing elevations of buildings 100 and 300 shall be located no higher than 15 feet.

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G. Buffering and Landscaping: In accordance with Section 4.5 of

the Land Development Code except as follows: 1. A landscaped berm, as shown on Attachment “C” and

“D-1” (Conceptual Berm Plan and Cross-Section), shall be installed along the western project boundary in accordance with the following:

a. Average Berm Height: The landscaped earthen

berm shall have an average height of 13 feet and shall be no less than 10 feet in height.

b. Minimum Berm Width: 60 feet c. Landscape materials at time of planting: Live Oak: 12 feet Magnolia: 6 feet

Sweet Gum: 12 feet Slash Pine: 6 feet

2. A dense vegetative buffer, as shown on Attachment “C” and “D-2” (Conceptual Dense Vegetative Buffer Plan and Cross-Section), shall be installed along the western project boundary, beginning at the northwest terminus of the earthen berm as required by Condition G.1. and shall consist of the same plant materials specified in G.1.c. above.

3. The landscaped berm and dense vegetative buffer required by Conditions G.1. and G.2 above shall be installed within ninety days of the receipt of site plan approval by the City of Lakeland and SWFWMD permits.

4. As depicted on Attachment “C,” a 50 foot wide

landscaped buffer with a five foot high berm shall be installed along the frontage of State Road 33. The landscaping shall consist of a type A hedge and 4 type B (Medium) trees per 100 linear feet or fraction thereof.

H. Outdoor Storage: There shall be no outdoor storage of goods or

materials unless enclosed within a six foot (6’) opaque fence enclosure. In no event shall outdoor storage of goods or materials be allowed south of buildings 100 and 300 or between State Road 33 and buildings 200 and 300.

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I. Sidewalks: Each building on the development site shall be inter-connected with an ADA-compliant sidewalk, with this internal pedestrian network being directly connected to State Road 33, FirstPark Boulevard and the proposed future Bridgewater Collector Road corridor. Sidewalks shall be required along all public road frontages in compliance with the Land Development Code.

J. Transit Stop: An ADA-compliant transit stop shall be

coordinated with the planned State Road 33 four-lane improvement that is under design in 2015. This transit stop shall be designed to allow buses to utilize a southbound right-turn lane at the southern access road as a bus bay.

K. Transportation Concurrency Determinations:

a. A binding transportation concurrency determination shall be made at the time of each site plan submittal. Cumulative analyses shall be conducted in compliance with the City’s Concurrency Management Ordinance and a methodology that is approved by City staff. To allow for a favorable concurrency determination, the property owner/applicant shall purchase reserved trips from existing parties to the Bridgewater DRI Development Agreement through a written agreement that is executed shall be amended to accommodate the purchase of reserved trips from existing parties to this agreement prior to the first site plan submittal on the development site.

b. Prior to first construction plan and/or plat submittal, the property owner/applicant shall execute a Declaration of Reservation Agreement with the City of Lakeland to support the future dedication of a right-of-way corridor for the Bridgewater Collector Road that is planned to flyover Interstate 4 to Walt Williams Road. Execution of this Agreement shall also address the expiration of existing Declaration of Reservation Agreements on the Golf Course and adjacent properties.

L. Internal Road Network

a. The design of the southern access road depicted in Attachment “C” shall be approved by the City Public Works Department and shall be placed within a 100-foot wide right-of-way envelope to accommodate future

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improvements associated with the Bridgewater Collector Road.

b. The commercial local road connection between the southern access road/Bridgewater Collector Road corridor and FirstPark Boulevard South shall be constructed within a 60-foot wide right-of-way with a design that is approved by the City Public Works Department.

M. Site Access:

a. Proposed access onto State Road 33 shall be approved by the Florida Department of Transportation and be coordinated with the planned four-lane project that is under design as of 2015.

b. Proposed driveway connections to the Bridgewater Collector Road and commercial local road connection to FirstPark Boulevard South shall be approved by the City Public Works Department.

c. In the event that a traffic signal is warranted on State Road 33 at the southern driveway and the Bridgewater Collector Road across Interstate 4 is determined to not-be-feasible, then the applicant/property owner shall be solely responsible for all design and construction costs associated with this signal.

N. Truck Access: Semi-trucks shall be prohibited from accessing

the site via the southern driveway between the hours of 10 PM and 6 AM daily. The developer shall be required to install appropriate signage on new public roadways to effectuate the limited hours of truck access in accordance with the City’s Traffic Operations rules and MUTCD standards.

O. Property Maintenance: The developer shall establish a property

owners association prior to the first site plan approval or issuance of building permit, which ever should come first, for the entire property in order to provide a mechanism for maintenance of all common areas and the open space buffer area in perpetuity.

SECTION 2. The City Commission does hereby expressly find that the

provisions of this ordinance are in conformity with the Comprehensive Plan of the City

of Lakeland adopted by Ordinance 5188.

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SECTION 3. This ordinance shall take effect immediately upon the effective

date of Large Scale Amendment #LUL15-003 to the Future Land Use Map, as

provided in Ordinance No. _____.

SECTION 4. All ordinances or parts of ordinances in conflict herewith are

hereby repealed.

SECTION 5. If any word, sentence, clause, phrase, or provision of this

ordinance, for any reason, is held to be unconstitutional, void, or invalid, the validity of

the remainder of this ordinance shall not be affected thereby.

SECTION 6. This ordinance shall take effect immediately upon its passage.

PASSED AND CERTIFIED AS TO PASSAGE this 18th day of December, A.D.

2017.

___________________________ R. HOWARD WIGGS, MAYOR ATTEST: ____________________________ KELLY S. KOOS, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ________________________ TIMOTHY J. McCAUSLAND CITY ATTORNEY

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ATTACHMENT “A”

Legal Description

A parcel of land lying in Sections 15, 16, 21 & 22, Township 27 South, Range 24 East, Polk County, Florida, being more particularly described as follows: Commence at the Southwest corner of the SE 1/4 of the SW 1/4 of said Section 16, thence N00º20'09"W along the West line of said SE 1/4 of the SW 1/4, a distance of 263.42 feet to the POINT OF BEGINNING, thence continue N00°20'09"W, still along said West line 475.91 feet to the Southeasterly Right-of-Way line of the City of Orlando, Utilities Commission Right-of-Way, as recorded in OR Book 2070, Page 1834 of the Public Records of Polk County, Florida, thence N47°23'12"E along said Southeasterly Right-of Way line 339.82 feet to the Point of Curvature of a curve to the right having a Radius of 11,144.16 feet, a Central Angle of 06°30'35", a Chord Bearing of N50º38'30"E and a Chord Distance of 1265.49 feet, thence along said curve 1,266.17 feet, to the Southwesterly corner of FIRST PARK AT BRIDGEWATER PHASE THREE, as recorded in Plat Book 132, Page 30 of the Public records of Polk County, Florida, thence Southeasterly along the Southwesterly line of said FIRST PARK AT BRIDGEWATER PHASE THREE the following three (3) calls, (1) thence S36º06’09”E 890.28 feet, (2) thence S62°43'51"E 1,157.75 feet, (3) thence N60°42'36"E 903.46 feet to the Southerly Right-of-Way line of First Park Boulevard as shown on the plat of FIRST PARK AT BRIDGEWATER PHASE TWO, as recorded in Plat Book 127, Page 38, of the Public Records of Polk County, Florida, thence Southeasterly along the said Southerly Right-of-Way line the following three (3) calls, (1) thence S29°52'55"E 407.30 feet to the Point of Curvature of a curve to the left having a Radius of 222.50 feet, a Central Angle of 39º34'56". a Chord Bearing of S49º40'23"E and a Chord Distance of 150.67 feet, (2) thence along said curve 153.71 feet to the Point of Tangency, (3) thence S69°27'51"E 724.12 feet to the Westerly Right-of Way line of State Road #33, thence S20°31'55"W along said Westerly Right-of-Way line 2,640.11 feet, thence N69°28'05"W 140.00 feet, thence S20°31'55"W 58.42 feet, thence N85°37'30"W 140.55 feet, thence S20°31'55"W 46.49 feet, thence S69°28'05"E 275.00 feet again to said Westerly Right-of-Way line, thence S20°31'55"W along said Westerly Right of way line 224.13 feet, thence N69º09’42”W 678.56’ to the Northeasterly line of VILLAGES AT BRIDGEWATER as recorded in Plat Book 136, Page 29 of the Public Records of Polk County, Florida, thence Northwesterly along the said Northeasterly line the following nineteen (19) calls, (1) thence N08°36'21"E 5.30 feet, (2) thence N13°24'24"E 284.85 feet, (3) thence N31°56'40"E 72.84 feet, (4) thence N74°25'51"W 113.40 feet, (5) thence N88°33'41"W 122.48 feet, (6) thence N65°39'29"W 162.71 feet to the Point of Curvature of a curve to the right having a Radius of 270.00 feet, a Central Angle of 50°46'31", a Chord Bearing of N40º16'13"W and a Chord Distance of 231.52 feet, (7) thence along said curve 239.27 feet to the Point of Tangency, (8) thence N14°52'58"W 251.77 feet to the Point of Curvature of a curve to the left having a Radius of 224.00 feet, a Central Angle of 32°35'08", a Chord Bearing of N31º10'32"W and a Chord Distance of 125.68 feet, (9) thence along said curve 127.39 feet to the Point of Tangency, (10) thence N47°28'05"W 247.71 feet to the Point of Curvature of a curve to the right having a Radius of 275.00 feet, a Central Angle of 25°26'28", a Chord Bearing of N34º44'51"W and a Chord Distance of 121.11 feet, (11) thence along said curve 122.11 feet

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to a point on a curve concaved to the Southwesterly having a Radius of 54.00 feet, a Central Angle of 120°10'03", a Chord Bearing of N14°48'21"W and a Chord Distance of 93.61 feet, (12) thence along said curve 113.26 feet, (13) thence N12°28'05"W 706.95 feet, (14) thence N33°13'45"W 1,281.61 feet, (15) thence N80°36'48"W 407.65 feet, (16) thence S53°58'24"W 232.89 feet, (17) thence S05°20'28"W 26.83 feet, (18) thence S37°12'03"W 519.08 feet, (19) thence S89°39'51"W 282.80 feet to the POINT OF BEGINNING.

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ATTACHMENT “B”

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ATTACHMENT “C”

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ATTACHMENT “D-1”

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ATTACHMENT “D-2”

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MEMORANDUM DATE: DECEMBER 7, 2015 (REVISED OCTOBER 16, 2017) TO: MAYOR & CITY COMMISSION FROM: L. BURL WILSON, JR., CHAIRMAN PLANNING & ZONING BOARD SUBJECT: MAJOR MODIFICATION OF PLANNED UNIT

DEVELOPMENT (PUD) ZONING TO ALLOW 1,350,000 SQUARE FEET OF WAREHOUSE AND DISTRIBUTION USES ON APPROXIMATELY 171.21 ACRES LOCATED SOUTH OF INTERSTATE 4 AND WEST OF STATE ROAD 33. IN A RELATED REQUEST, THE CITY OF LAKELAND PROPOSES TO CHANGE THE CONTEXT DISTRICT FROM SUBURBAN NEIGHBORHOOD (SNH) TO SUBURBAN SPECIAL PURPOSE (SSP) AND PRESERVATION, CONSERVATION, RECREATION (PCR).

CASE NUMBER: PUD15-020/ ZON15-007 OWNER: WHITNEY BANK APPLICANT: TIMOTHY F. CAMPBELL, CLARK, CAMPBELL,

LANCASETER AND MUNSON P.A. P&Z HEARING: OCTOBER 20, 2015 P&Z FINAL DECISION: NOVEMBER 17, 2015 LEGAL DESCRIPTION: A legal description of the subject property is included as Attachment “A.”

Background Timothy F. Campbell, Clark, Campbell, Lancaster and Munson, P.A., on behalf of Seefried Industrial Properties, Inc., requests a major modification of PUD (Planned Unit Development) zoning to allow 1,350,000 square feet of warehouse and distribution uses on approximately 171.21 acres located south of Interstate 4 and west of State Road 33. In a related request, the City of Lakeland proposes to change the context district from Suburban Neighborhood (SNH) to Suburban Special

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Purpose (SSP) and Preservation, Conservation, Recreation (PCR). A map of the subject property is included as Attachment “B.” The subject property is part of the Villages at Bridgewater PUD (Ordinance No. 4322, as amended) originally approved in January 2002. The PUD allows for 1,284 dwelling units with a mix of single-family detached, single-family attached and multi-family housing types, an 18-hole golf course and a neighborhood convenience center. Construction of residential units commenced in 2006 and to-date 412 units have been permitted and/or constructed. The subject property consists of approximately 171.21 acres comprising the former Bridgewater golf course. The Bridgewater golf course opened in 2007 and closed in 2011 before being foreclosed on by Whitney Bank. According to the Declaration of Covenants and Restrictions for the golf course executed in February 2005, the subject property was obligated to be maintained as a golf course for a ten year period ending in February 2015. The applicant proposes to develop approximately 84.27 acres of the subject property as a business park with warehouse and distribution uses with the remaining 86.94 acres set aside for use as open space, a landscape buffer, a future public roadway corridor and stormwater areas. A site development plan is included as Attachment “C.” A conceptual landscaped berm and vegetative buffer are included as Attachments “D-1” and “D-2.” The subject property has both Residential Low (RL) and Business Park (BP) future land use designations at 115.54 and 55.67 acres respectively. Concurrent with this request, the applicant is requesting a large scale future land use map amendment (LUL15-003) to change 86.94 acres from RL to Recreation (R) and 28.60 acres from RL to Business Park (BP) land use. In a related request, the City proposes to change the context district from Suburban Neighborhood (SNH) to Suburban Special Purpose (SSP) for the proposed business park expansion and Preservation, Conservation, Recreation (PCR) for the open space, buffer, roadway and stormwater areas. Since the property is part of the larger Bridgewater Development of Regional Impact (DRI), the proposed changes are subject to the Chapter 380.06 Florida Statutes Notice of Proposed Change (NOPC) determination which will occur in tandem with this proposed PUD modification.

Existing Land Use, FLUM and Zoning/Context of Adjacent Properties

Adjacent to

Existing Land Use

FLUM Zoning/Context

South Vacant Residential Medium PUD/SNH East Vacant Conservation &

Business Park LD/PCR

West Residential Single Family & Vacant

Residential Medium & Residential Low

PUD/SNH

North Warehouse and Distribution

Business Park PUD/SSP

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Discussion The proposed expansion of the adjacent business park uses and creation of an open space buffer between the Villages at Bridgewater residential community to the southwest and the warehouse and distribution uses to the northeast is a balanced redevelopment approach for the now defunct and foreclosed golf course property. The site development plan is reflective of input the applicant received from both residents and property owners in the immediate area. The buildings have been oriented to direct truck bays away from the residential uses and a significant buffer with a landscaped berm is proposed to provide additional visual screening and sound attenuation. In addition, the business park uses are proposed to be limited to Level I and II Warehouse and Motor Freight Transportation uses as defined by the by the City’s Land Development Code. This does not allow the storage or distribution of bulk petroleum or chemical cargo. The location proximate to the Interstate 4 interchange at State Road 33 and the adjacent FirstPark business park is ideal for warehouse and distribution uses to move goods expediently to larger regional markets via the State’s intermodal transportation system. The current request originally proposed 133.4 acres of new warehouse and distribution to accommodate five buildings with a total of 1.53 million square feet and 37.78 acres of open space buffer. However the request was revised to reduce the intensity and layout of the project in response to staff concerns and comments received by surrounding residents and property owners at a community meeting held by the applicant on September 10, 2015. The revised layout (Attachment “C”) proposes three new buildings totaling a maximum of 1.35 million square feet of high-cube warehouse and distribution uses with a direct connection to the existing First Park Boulevard and a second access point to State Road 33 from a proposed public roadway corridor. The buildings will be setback no less than 580 feet from the property line of the Villages at Bridgewater residential subdivision and maximum building heights will not exceed 50 feet. The recommended conditions prohibit truck loading bays on the south facing elevations of the buildings closest to the Villages at Bridgewater residential subdivision (buildings 100 and 300) and wall pack security lighting shall not exceed 15 feet to limit light intrusion. Additionally, the south facing elevations of buildings 100 and 300 shall be designed with finished building materials, ground floor transparency, and façade variation such as fenestration and/or building relief to ensure minimal architectural features. Semi-truck and trailer parking will be prohibited south of buildings 100 and 300 and truck access by way of the southern driveways from the new proposed roadway identified on the site development plan shall be restricted between the hours of 10:00 PM and 6:00 AM. The developer shall be responsible for installing sufficient signage on the future public right-of-way to warn truck operators of the prohibition. A 50 foot landscape buffer along the State Road 33 frontage between FirstPark Boulevard and the proposed roadway corridor will be provided as shown on Attachment “C.” Other development standards not

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addressed in the conditions will be in accordance with the I-2/Suburban Special Purpose context sub-district. The proposed 86.94 acre open space/buffer area will include the proposed public roadway corridor, wetlands, stormwater management areas, and a landscaped earthen berm as shown on Attachment “D-1.” The landscaped earthen berm is generally located between the property’s western boundary and the eastern boundary of the nearest residential uses. The berm shall have an average height of 13 feet tall and will vary in width between 60 and 100 feet. The berm terminates at a point where it intersects with a wetland area and at this point transitions to a dense vegetative buffer (Attachment “D-2”). The landscaped berm and dense vegetative buffer exceed the standards of the City’s Land Development Code for buffers and will be installed prior to construction of the buildings within the business park. To ensure proper management and maintenance of the open space area and landscaping as well as common areas such as stormwater facilities, driveways, and signage serving the business park, the developer will be required to establish a Property Owners Association. At buildout, the proposed 1.35 million square feet of high-cube warehouse and distribution uses (Institute of Transportation Engineers’ Land Use Code 152) are estimated to generate 126 additional PM Peak Hour trips beyond the traffic generated by an 18-hole golf course. Binding transportation concurrency determinations will be made with each site plan submittal for each building, based on cumulative analyses that are conducted in accordance with the City’s Concurrency Management Ordinance and an approved traffic study methodology. At this time, the applicant is proposing to purchase existing reserved trips that have been allocated to the Gateway Lakeland Commercial Park project through the Bridgewater DRI Development Agreement that was last amended in 2009 to offset any expected external impacts associated with this development proposal. This purchase of reserved trips will require an amendment to the Development Agreement through a separate public hearing process outlined in Florida Statutes. The development is located on State Road 33, which is identified as a Type I Roadway and Primary Intermodal Access Route in the Comprehensive Plan since it provides high-capacity access to Interstate 4 from nearby truck terminals and distribution centers. These designations require strict access controls and cross-connectivity to adjacent uses through the construction of service roads or other similar means. The Lakeland Area Mass Transit District (Citrus Connection) operates Route #3X (Polytechnic Circuit Express) with 90-minute frequencies on State Road 33 adjacent to the Bridgewater DRI. State Road 33 between Old Combee Road/Deeson Pointe Boulevard and Interstate 4 (Exit 38) is projected to operate at a failing level of service due to trips that have been approved through the existing Bridgewater Development Agreement, Williams Development of Regional Impact Development Order (Phases I and IIA) and Florida Polytechnic University. To accommodate growth in the State Road 33 corridor, the Florida Department of Transportation (DOT) has begun the design phases of a four-lane project from Old

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Combee Road and University Boulevard/FirstPark Boulevard North and an interchange reconstruction project at Interstate 4 (Exit 38). Through existing agreements with nearby developers and transportation impact fees, the City has programmed over $2 million to match funding available from Florida DOT for State Road 33 south of University Boulevard and at Interstate 4. At this time, construction is not programmed for the State Road 33 four-lane project south of University Boulevard; right-of-way acquisition for the interchange reconstruction at Interstate 4 is programmed in Florida DOT’s Five-Year Work Program with no construction funding currently programmed. To reduce the amount of local traffic using State Road 33, particularly in the vicinity of the Interstate 4 interchange at Exit 38, a collector road corridor between State Road 33 near Combee Road and Walt Williams Road through the Bridgewater DRI was identified as a transportation improvement need in the Polk Transportation Planning Organization’s 2020 Long-Range Transportation Plan that was adopted in 1995. While no specific alignment was depicted in the Bridgewater DRI Master Plan, a condition was added to the DRI Development Order in 2000 to generally identify a corridor located between the business park and residential land uses north of State Road 33. In 2006, the City began executing Declaration of Reservation agreements with adjacent property owners along one potential, albeit circuitous, route along the northeastern boundary of the Bridgewater golf course to accommodate a connection to FirstPark Boulevard opposite University Boulevard. As part of a DRI Development Order amendment that was adopted in 2007, a sketch and legal for the “Bridgewater Collector” along the Golf Course boundary were incorporated into the Development Order with a sunset date of July 31, 2021. In the event that the road was determined to not be feasible, a more constrained corridor could be considered for a multi-use trail that has been identified as a Priority Pathways Corridor in the Comprehensive Plan. As part of a proposed overall mitigation package to address expected transportation concurrency deficiencies in the State Road 33 corridor, the applicant is showing a portion of the Bridgewater Collector road in its overall master plan. The master plan also includes a connection to FirstPark Boulevard to distribute traffic to the FirstPark/University Boulevard signal in addition to a new signalized intersection on State Road 33 should warrants be met in the future. Through the TPO’s Momentum 2040 long-range transportation plan update that is scheduled for adoption in December, a refined the conceptual alignment of the collector road “need” is being shown to be consistent with what is being proposed for incorporation into the DRI and zoning modifications should they be ultimately approved. An alignment study for the Bridgewater Collector Road has been programmed in the City’s Capital Improvement Program and is expected to begin in early 2016. At the October 20, 2015 Planning and Zoning Board public hearing, several residents expressed concerns about decreased property values, increased traffic, truck parking, demand for warehouse space, hours of operation, noise, stormwater retention, air pollution, maintenance of open space areas and landscaping and

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impacts on wildlife. A representative of Green Pointe Homes, a residential developer and owner of undeveloped residential tracts in the Villages at Bridgewater subdivision immediately abutting the subject property, stated that they have no objection to the proposed PUD modification contingent upon the applicant’s proposed conditions being included in the conditions of approval. The developer shall be required to construct all drainage improvements associated with approved development consistent with City stormwater engineering standards for flood protection and issues of water quality. Permits from the water management district regarding the applicant’s proposed stormwater management system will be required prior to commencement of construction. The stormwater management system shall be designed pursuant to City of Lakeland and Southwest Florida Water Management District (SWFWMD) design standards, such that there will be no increase in stormwater runoff to adjacent properties. The open space will provide ample area to accommodate onsite stormwater retention that may also serve as an area for migrating wildlife from the adjacent conservation area to the east. All other concerns raised at the public hearing are addressed in the above discussion. The Community Development Department and the Board reviewed this request for compliance with Lakeland Comprehensive Plan: 2010-2020 and it is our opinion that the request is consistent with the Comprehensive Plan. All roadway levels of service are acceptable. Other essential services are presently available to provide concurrency for the proposed use. Actual construction is subject to final concurrency determinations at the time of site plan approval. The Community Development Department reviewed this request and recommended the modification of the PUD. Letters of notification were mailed to 376 property owners within 500 feet of the subject property. Several objections were received raising the concerns that have been addressed above. This recommendation was approved by a 4–0 vote of the Board. Recommendation It is recommended that the request for a major modification of PUD zoning, as described above and in Attachments “A”, “B,” “C,” “D-1” and “D-2,” be approved, subject to the following conditions:

XVII. Remaining Acreage Business Park A. Land Use Intensity: PUD-10

AB. Permitted Uses and Intensity: Wetlands conservation; passive recreation uses such as walking trails and boardwalks; a golf course, golf practice facility, and golf clubhouse; a community recreation center with community building, tennis, swimming

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pool, and lakefront marina; maintenance uses commonly associated with the above uses. A maximum of 1.35 million square feet of Level I and Level II warehouse and motor freight transportation uses and associated open space, stormwater and roadway improvements.

C. Development Regulations: In accordance with RC zoning

district regulations.

B. Site Development Plan: The project shall be developed in substantial accordance with the site development plan included as Attachment “C,” except as otherwise provided herein. With the approval of the Director of Community Development, minor adjustments, including the number of buildings, can be made at the time of site plan review without requiring a change to this PUD provided that the maximum intensity specified in Condition XVII.A. above is not exceeded.

C. Development Standards: In accordance with the I-2/Suburban

Special Purpose sub-district standards unless otherwise provided herein.

D. Architectural Standards:

1. Building facades shall be architecturally finished with materials such as stucco, brick, stone, finished or decorative cast concrete, decorative concrete masonry, and/or glass.

2. The south facing elevations of buildings 100 and 300

shall either be an office front or building “endcap” such that no truck bays shall face south.

3. Building facades facing public streets and the south

facing elevations of buildings 100 and 300 shall include fenestration, architectural relief, or both so that no portion of a façade shall have a blank area greater than 24 feet in width measured horizontally along the face of the building.

E. Parking: In accordance with Section 4.11 of the Land

Development Code and as generally shown on Attachment “C” except that semi-truck and trailer parking shall be prohibited south of buildings 100 and 300.

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F. Outdoor Lighting: In accordance with Section 4.6 of the Land Development Code, except that wall mounted lighting on the south facing elevations of buildings 100 and 300 shall be located no higher than 15 feet.

G. Buffering and Landscaping: In accordance with Section 4.5 of

the Land Development Code except as follows: 1. A landscaped berm, as shown on Attachment “C” and

“D-1” (Conceptual Berm Plan and Cross-Section), shall be installed along the western project boundary in accordance with the following:

a. Average Berm Height: The landscaped earthen

berm shall have an average height of 13 feet and shall be no less than 10 feet in height.

b. Minimum Berm Width: 60 feet c. Landscape materials at time of planting: Live Oak: 12 feet Magnolia: 6 feet

Sweet Gum: 12 feet Slash Pine: 6 feet

2. A dense vegetative buffer, as shown on Attachment “C” and “D-2” (Conceptual Dense Vegetative Buffer Plan and Cross-Section), shall be installed along the western project boundary, beginning at the northwest terminus of the earthen berm as required by Condition G.1. and shall consist of the same plant materials specified in G.1.c. above.

3. The landscaped berm and dense vegetative buffer required by Conditions G.1. and G.2 above shall be installed within ninety days of the receipt of site plan approval by the City of Lakeland and SWFWMD permits.

4. As depicted on Attachment “C,” a 50 foot wide

landscaped buffer with a five foot high berm shall be installed along the frontage of State Road 33. The landscaping shall consist of a type A hedge and 4 type B (Medium) trees per 100 linear feet or fraction thereof.

H. Outdoor Storage: There shall be no outdoor storage of goods or

materials unless enclosed within a six foot (6’) opaque fence

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enclosure. In no event shall outdoor storage of goods or materials be allowed south of buildings 100 and 300 or between State Road 33 and buildings 200 and 300.

I. Sidewalks: Each building on the development site shall be inter-

connected with an ADA-compliant sidewalk, with this internal pedestrian network being directly connected to State Road 33, FirstPark Boulevard and the proposed future Bridgewater Collector Road corridor. Sidewalks shall be required along all public road frontages in compliance with the Land Development Code.

J. Transit Stop: An ADA-compliant transit stop shall be

coordinated with the planned State Road 33 four-lane improvement that is under design in 2015. This transit stop shall be designed to allow buses to utilize a southbound right-turn lane at the southern access road as a bus bay.

K. Transportation Concurrency Determinations:

a. A binding transportation concurrency determination shall be made at the time of each site plan submittal. Cumulative analyses shall be conducted in compliance with the City’s Concurrency Management Ordinance and a methodology that is approved by City staff. To allow for a favorable concurrency determination, the Bridgewater DRI Development Agreement shall be amended to accommodate the purchase of reserved trips from existing parties to this agreement prior to the first site plan submittal on the development site.

b. Prior to first construction plan and/or plat submittal, the property owner/applicant shall execute a Declaration of Reservation Agreement with the City of Lakeland to support the future dedication of a right-of-way corridor for the Bridgewater Collector Road that is planned to flyover Interstate 4 to Walt Williams Road. Execution of this Agreement shall also address the expiration of existing Declaration of Reservation Agreements on the Golf Course and adjacent properties.

L. Internal Road Network

a. The design of the southern access road depicted in Attachment “C” shall be approved by the City Public Works Department and shall be placed within a 100-foot wide right-of-way envelope to accommodate future

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improvements associated with the Bridgewater Collector Road.

b. The commercial local road connection between the southern access road/Bridgewater Collector Road corridor and FirstPark Boulevard South shall be constructed within a 60-foot wide right-of-way with a design that is approved by the City Public Works Department.

M. Site Access:

a. Proposed access onto State Road 33 shall be approved by the Florida Department of Transportation and be coordinated with the planned four-lane project that is under design as of 2015.

b. Proposed driveway connections to the Bridgewater Collector Road and commercial local road connection to FirstPark Boulevard South shall be approved by the City Public Works Department.

c. In the event that a traffic signal is warranted on State Road 33 at the southern driveway and the Bridgewater Collector Road across Interstate 4 is determined to not-be-feasible, then the applicant/property owner shall be solely responsible for all design and construction costs associated with this signal.

N. Truck Access: Semi-trucks shall be prohibited from accessing

the site via the southern driveway between the hours of 10 PM and 6 AM daily. The developer shall be required to install appropriate signage on new public roadways to effectuate the limited hours of truck access in accordance with the City’s Traffic Operations rules and MUTCD standards.

O. Property Maintenance: The developer shall establish a property

owners association prior to the first site plan approval or issuance of building permit, which ever should come first, for the entire property in order to provide a mechanism for maintenance of all common areas and the open space buffer area in perpetuity.