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1 STAFF REPORT SUBJECT: PRS PLANNING AREA: Town & Country REQUEST: Minor Modification to an Approved PD SECTOR Northwest APPLICANT: Sunforest Holdings, LLC Existing Zoning & Density/Intensity : PD Comp Plan Category: UMU-20 PROJECT LOCATION -- Prepared: 10/25/2012 PRS Page 1 of 15

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3 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP 1.0 Summary Application Review Summary and Recommendation 1.1 Project Narrative Proposed District Development Standards The subject property is a acre property located on the west side of Eisenhower Boulevard, 500 feet south of Hillsborough Avenue. The site was originally approved as PD-MU (Planned Development Mixed Use) # during the County s Zoning Conformance process. The PD-MU# encompasses three parcels with previous zoning designations: Parcel I, previously zoned as AP-5 (Special Public Interest Airport). Parcel II, previously zoned as PD-RP (Planned Development-Research Park) #87-98, Parcel III, previously zoned C-3 (Light Industrial) PD-MU approved SPI-AP-5 uses in Parcel 1 and PD-RP uses in Parcels II and III. The property has several buildings which include an office park containing three multi-story buildings (5130, 5110 and 5104 Eisenhower Boulevard known as Sunforest) and the Mainsail Suites Hotel and Conference Center. Parcel I is limited SPI-AP-5 uses, which does not permit colleges, universities or technical schools (which includes business, trade, vocational schools). The applicant is requesting to allow the use of colleges, universities, trade, technical, business and vocational schools in the area covered by Parcel I. Prior to the rezoning of Parcel I into PD-MU , it was zoned SPI-AP-5 under rezoning The surrounding parcels of II and III already permit these uses and do not require any modifications. Parcels II and II permit PD-RP uses, which allow colleges, universities and technical schools (formerly referred to as business, trade and vocational schools). Strayer University is currently operating in Parcel in II at 5130 Eisenhower Boulevard. The International Academy of Design & Technology is operating at 5104 Eisenhower Boulevard, which is located west of the subject building. The property is within the Sunforest Development of Regional Impact (DRI #105) originally approved on February 9, The Sunforest DRI Development Order is approved for hotel suites, office, restaurant, specialty retail, and vocational/trade school spaces. Staff has determined that the addition of the college/university use will not require a Notice of Proposed Change (NOPC) for DRI #105 due to the proposed size of the anticipated user (National Louis University). Three modifications to this Planned Development have been approved: MM approved multi-family residential in the area shown as Tract A, which would allow the conversion of a hotel into multi-family. PRS Page 2 of 15

4 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP PRS approved two access points along the southern boundary of the PD. PRS approved the removal of 0.05 acres out of PD-MU (Parcel III) and into the newly created PD Compliance Overview with Codes and Technical Manuals Site Plan Element Regulating Document Site will comply with site development requirements(y/n) Planned Development Variation for Site Design (Y/N) Concurrent Variance Submitted (Y/N) Subdivision and Site LDC Development Parking LDC Y N N Access Technical Manual Buffering LDC Y N N Screening LDC Y N N Transportation ROW Technical Manual Yes Access Management Technical Manual Yes Off-site Improvements Technical Manual Yes Natural Resources Grand Trees LDC Yes Wetlands LDC Yes ELAPP/Habitat LDC Yes Utilities Potable Water LDC Yes Wastewater LDC Yes Wellhead Protection LDC Yes Stormwater LDC Yes Public Safety/Welfare School Capacity LDC Fire LDC Yes Yes Evacuation LDC Yes 1.3 Analysis of Non-Compliance and Proposed Alternatives Not applicable. Project is a Planned Development with site specific conditions. 1.4 Evaluation of Existing and Planned Public Facilities The site is located within the Urban Service Area. The overall property is accessed via Hillsborough Avenue and/or George Road. Hillsborough Avenue is a State Principal Arterial roadway. George Road is a County collector roadway. 1.5 Comprehensive Plan Consistency The Planning Commission has reviewed the request and stated that per Future Land Use Element Policy 9.6, development must meet or exceed all airport regulations established by the Land Development Code and Airport Authority. PRS Page 3 of 15

5 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP 1.6 Compatibility The modification request is to add educational uses into Parcel I, which does not permit these uses and is limited only to SPI-AP-5 uses. Two existing educational facilities (Strayer University and the International Academy of Design and Technology) are located within this the existing PD (office park, Sunforest). Strayer University is located in Parcel III at 5130 Eisenhower Boulevard. This parcel allows PD-RP uses, which allows educational facilities. The International Academy of Design and Technology is located within both Parcel II and Parcel I at 5104 Eisenhower Boulevard. Only Parcel II allows PD-RP uses. Both of these facilities were operating prior to the 2010 enactment of the Airport Zoning Regulations and are deemed by the Aviation Authority to be legally nonconforming to the Airport Zoning Regulations. The Airport Authority has reviewed this application (educational uses on Parcel I) and offered comments on September 9, 2012 and October 16, Both reviews by the Aviation Authority have found this use to be incompatible (see attached letter to this report). The Airport Authority has found that the subject property is located within the 65-Day Night Level noise contour for Runway 1 Left 19 Right (to the west of Tampa International Airport) as shown on the 2005 Noise Exposure Map for the Tampa International Airport. An evaluation of the use was done by the Aviation Authority using Table 1-Land Use Compatibility with Yearly Day-Night Average Sound Levels of 14 CFR Part 150. The property falls within the decibel area of the overall contour. Uses in this area of the contour are deemed not compatible, with a note that if the community determines residential or school uses must be allowed, noise reduction measures shall be taken in construction methods that exceed noise reduction that occurs with standard construction. SPI-AP-5 zoning placed on Parcel I, does not allow colleges, universities or technical schools (which includes business, trade, vocational schools). PRS Page 4 of 15

6 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP 2.0 Recommendation The SPI-AP-5 zoning condition was placed in the Planned Development zoning to provide compatibility with airport uses. There is no compelling reason provided to justify a change to the existing zoning limitations in the light of the Airport Authority s objection (based on incompatibility with the airport). Accordingly, staff does not support the modification to PD- MU Staff's Recommendation: Non-support Thu Oct 25 13:09: Zoning Administrator Sign-off: PRS Page 5 of 15

7 AVIATION AUTHORITY LAND USE REVIEW TO: FROM: Michelle Heinrich, AICP, Senior Planner, Development Services Department, Hillsborough County Nadine S. Jones, Planning and Development DATE: September 5, 2012 PROPOSED USE INFORMATION: Petition No.: Minor Modification to PD (formerly ) Location: 5110 and 5130 Eisenhower Blvd. Folio: and Current Zoning/Zoning Sought: PD (Commercial/MU) to PD (Add schools as a permitted use) COMMENTS: Compatible without conditions _X Not compatible (comments): This minor modification to add schools to an existing PD is situated in the County s SPI- AP 5 airport zone; schools are not a compatible land use in this zoning. The building located at 5110 Eisenhower Blvd. is situated in the 65 Day-Night Level (DNL) noise contour shown on the 2005 FAA approved Noise Exposure Map (NEM) for Tampa International Airport. Schools are not a compatible land use in the 65 DNL noise contour. The property located at 5130 Eisenhower Blvd. is situated in the Chapter 333 FL Statute (Airport Zoning) school prohibition area for runway 1R-19L at Tampa International Airport. Compatible with conditions (comments) Legal review: DSK Date: 9/5/12 cc: Aviation Authority Zoning Director/Legal/Records Management/Central Records PRS Page 6 of 15 PD- 58

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15 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP Aerial PRS Page 11 of 15

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17 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP General Area Map PRS Page 12 of 15

18 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP Existing General Development Plan PRS Page 13 of 15

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21 APPLICATION: PRS TNC/NW ZHM HEARING DATE: N/A BOCC MEETING DATE: November 1, 2012 CASE REVIEWER: Michelle Heinrich, AICP Noise Contour Map PRS Page 15 of 15

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