Interoffice Memorandum
DATE: October 15, 2024
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Renée H. Parker, LEP, Manager, Environmental Protection Officer
PHONE: (407) 836-1420
DIVISION: Environmental Protection Division
ACTION REQUESTED:
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Acceptance of the findings and recommendation of the Environmental Protection Division staff and approval of Conservation Area Impact Permit CAI-24-05-026 for Alafaya COM Tract 7 LLC and CJD Property Hold Co. LLC. District 4. (Environmental Protection Division)
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PROJECT: Request for Conservation Area Impact Permit for Alafaya COM Tract 7 LLC and CJD Property Hold Co. LLC (CAI-24-05-026)
PURPOSE: The applicants, Alafaya COM Tract 7 LLC and CJD Property Hold Co. LLC, are requesting a Conservation Area Impact Permit to construct a mixed-use development phase of the overall Reserve at Alafaya PD within Tract 7 and the associated CJD Hold parcel. The property is located adjacent to S. Alafaya Trail, Orlando, FL 32826 (Parcel ID Nos.: 12-23-31-0000-00-006 and 12-23-31-0000-00-012) in District 4.
The project is located within the Econlockhatchee River Protection Area and is therefore subject to Chapter 15, Article XI, Econlockhatchee River Protection Ordinance in addition to Article X, Wetland Conservation Areas Ordinance. The project is being reviewed under the prior version of Article X, adopted in 1987, since the application was received May 16, 2024 when the previous version of the Code was still in effect. Additionally, the overall Reserve at Alafaya PD has received previous approvals for other tracts pursuant to the prior version of Article X. The project area for this phase of the Reserve at Alafaya PD is 34.66 acres in size. The site contains 0.60 acres of Class I wetlands and 1.90 acres of Class II wetlands. The wetlands are of moderate to high quality. Pursuant to Chapter 15, Article XI, Section 15-442(f), upland buffers averaging fifty feet in width with a minimum of twenty-five feet in width shall be required for all Class I and II conservation areas. There are a total of 2.07 acres of required upland buffers onsite.
The applicants are requesting to impact 1.67 acres of the required upland buffer and all 1.90 acres of Class II wetlands in order to construct a mixed-use development phase of the overall Reserve at Alafaya PD. The development includes infrastructure, residential and commercial/retail buildings, park amenities, and stormwater management systems. The applicants are not proposing any impacts to Class I wetlands or their associated upland buffers within the project area and are proposing to install conservation area signage along the remaining upland buffer boundary.
As mitigation for the upland buffer and direct wetland impacts, the applicants propose to utilize a portion of the excess functional gain, which was provided by a Conservation Easement (Document #20160435593) recorded on August 19, 2016, for previous phases of the Reserve at Alafaya PD. The Conservation Easement included preservation of 140.81 acres of on-site wetlands and associated upland buffers and resulted in a total relative functional gain of 23.59 mitigation units. Conservation Area Impact (CAI) permits CAI 06-030 (Tract 4) and CAI 09-030 (Tracts 1, 2, 3, and 5) were issued for previous phases of the Reserve at Alafaya PD and utilized the same Conservation Easement as mitigation to offset the authorized impacts. Accounting for the previously permitted impacts of previous phases, the Conservation Easement still provides a relative functional gain of 17.22 units. The functional loss of the currently proposed impacts is 2.79 units; therefore, the existing recorded Conservation Easement fully offsets the adverse impacts.
Staff Analysis:
Environmental Protection Division (EPD) staff has evaluated the proposed impacts and site plan with the review criteria in Orange County Code, Chapter 15, Articles X and XI. Pursuant to Article X, Section 15-362(5), where wetlands serve a significant and productive environmental function, the public health, safety, and welfare require that any alteration or development affecting such lands should be so designed and regulated so as to minimize or eliminate any impact upon the beneficial environmental productivity of such lands, consistent with the development rights of property owners. Additionally, pursuant to Article X, Section 15-396(3)(b), habitat compensation for Class II conservation areas should be presumed to be allowed unless habitat compensation is contrary to the public interest. The applicant has developed the site plan to result in the least amount of direct wetland impacts and preservation of the greatest remaining upland buffer area adjacent to the onsite Class I wetlands. EPD has determined that the mitigation is appropriate, not contrary to the public interest and sufficient to offset adverse impacts to wetlands that will occur as a result of the proposed project.
No imperiled species were identified within the project area during cursory site visits. In accordance with Chapter 15, Article XI, Section 15-442(a), as a condition of the permit the applicant will be required to conduct a 100 percent survey of the property for the presence of imperiled species prior to mass grading.
EPD staff has evaluated the Conservation Area Impact Permit Application and required documentation and has made a finding that the request is consistent with Chapter 15, Article X, Wetland Conservation Areas Ordinance (effective 1987) and Article XI, Econlockhatchee River Protection Ordinance.
BUDGET: N/A