HomeMy WebLinkAbout2009 08 10 Regular 604 Oviedo Marketplace PUD Change from Retail to Personal StorageCITY COMMISSION
AGENDA
ITEM 604
Consent
Information
Public Hearin
Re ular X
August 10, 2009
Meeting
MGR. DEPT
Authorizatio
REQUEST: The Community Development Department requests that the City
Commission consider allowing personal storage in lieu of a retail use within Parcel 14-B of the
Oviedo Marketplace PUD (and Development of Regional Impact - DRI).
PURPOSE: The Oviedo Marketplace DRI (formerly Oviedo Crossing) is under three
jurisdictions: Seminole County, City of Oviedo, and the City of Winter Springs. The only
portions of the DRI within the City of Winter Springs are Parcel 14A (Inwood Office site) and
the undeveloped residual Parcel 14B (3.86 acres in 14A + 45.6 acres in 14B = 49.5 total acres).
A previously approved development program for the Oviedo Marketplace DRI allowed
residential use within the DRI, although it was not specified for Parcel 14. The Notice of
Proposed Change (NOPC), as approved by the City Commission on March 27, 2006, allowed the
owner to convert 29,000 SF of the 160,000 SF total retail use allocated to this parcel into as
many as 100 residential units. An applicant has requested to be allowed to construct 100,000 SF
of personal storage in lieu of retail, on the southern-most portion of Parcel 14-B. The Viera
Company, owner of the Oviedo Marketplace, has indicated that it is considering the indoor
storage facility the same as retail. They request the Commission provide direction, before
proceeding with an NOPC to authorize the change (this is not a final decision). The
remaining developable area of Parcel 14B is still proposed for multi-family residential
development, with a maximum of 100 units. '
APPLICABLE ZONING & FUTURE LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Mixed Use (with partial conservation overlay)
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 380, Florida Statutes
Comprehensive Plan
Chanter 20. Article IV. Planned Unit Developments (PUD), Division 2. Part A. PUD
Development Order
August 10, 2009
Regular Agenda Item boa
Page 2 of 6
CHRONOLOGY:
1995- Property annexed into Winter Springs
Aug. 8, 1995- Amended Settlement Agreement between City of Winter Springs, City of Oviedo,
The Viera Company and Rouse-Orlando to provide for better intergovernmental relations and
coordination of planning efforts.
Nov. 12, 2001- Ord. 2001-45 changed the Future Land Use Map designation from Seminole
County "Planned Development" and "Conservation" to City of Winter Springs "Mixed Use".
Nov. 12, 2001- DRI Development Order approved by the Winter Springs City Commission.
Jan. 14, 2002- Ord. 2001-58 changed the Zoning Map designation from Seminole County
"Planned Unit Development" to City of Winter Springs "Planned Unit Development".
Nov. 2, 2005- Notice of Proposed Change submitted to the City of Winter Springs, to the East
Central Florida Regional Planning Council, and to the Bureau of State Planning, Department of
Community Affairs.
Dec. 16, 2005- Response from the East Central Florida Regional Planning Council opining that
the proposed changes do no result in an automatic substantial deviation determination pursuant to
the threshold criteria of section 380.06(19),Florida Statutes.
Dec. 20, 2005- Public Hearing date notification sent to East Central Florida Regional Planning
Council and to the Bureau of State Planning, Department of Community Affairs per
380.06(19)(f)3-4, Florida Statutes.
Dec. 22, 2005- LPA Ad in Orlando Sentinel
Dec. 22, 2005- Response from the Bureau of State Planning, Department of Community Affairs
received with objections to the proposed request.
Dec. 22, 2005- Request from Applicant's Attorney to postpone to a date certain (Feb. 1, 2006)
the LPA public hearing.
Jan. 4, 2006- LPA hearing postponed to date certain- Feb. 1, 2006.
Feb. 1, 2006- LPA heard the request for amending the DRI Development Order and was unable
to get a majority vote for recommending either approval or denial of the request. Each motion
resulted in a 2-2 vote.
Feb. 16, 2006- Public Noticing in Orlando Sentinel of Public Hearing for DRI NOPC
Feb. 27, 2006- Commission postponed consideration of the Oviedo Marketplace DRI NOPC to
Date Certain (March 27, 2006) to preserve the advertising, at the request of the Applicant.
March 22, 2006- Applicant held an informal meeting with neighbors and interested persons.
March 27, 2006- Commission approved NOPC for as many as 100 town-homes.
January 22, 2007-Commission approved PUD amendment and lot split dividing Parcel 14.
Page 2
August 10, 2009
Regular Agenda Item 604
Page 3 of 6
Julyl, 2007-Any DRI under construction on July 1, 2007 is provided a 3-year extension without
NOPC, pursuant to Subsection 380.06 (19) (c), FS (2007), as amended by HB 7203.
July 23, 2007-Commission approved Inwood final engineering/site plan and draft wholesale
water & sewer agreement with Seminole County.
September 25, 2007-Seminole County BCC approved wholesale water and sewer agreement.
CONSIDERATIONS:
Location -Parcel 14B (Tax parcel ID # 17-21-31-300-001 H-0000) is located west of the Oviedo
Marketplace Mall and Dovera Drive and north of Red Bug Lake Road.
Total Acreage- 45.6 acres more or less (approximately 11.24 developable acres).
Site Information -The property (Parcel 14B) is part of the Oviedo Marketplace Development of
Regional Impact and was formerly known as Oviedo Crossing and DLI Properties. The overall
DRI is a mixed use development consisting of approximately 431.2 acres. The DRI which is
located in Seminole County at the intersection of the Central Florida Greeneway and Red Bug
Lake Road, includes a large regional shopping center, a medical campus and wellness center, and
several small parcels with retail, office and residential uses.
The Oviedo Marketplace DRI is under three jurisdictions: Seminole County (163 acres), City of
Oviedo (218.6 acres), and the City of Winter Springs (49.5 acres). The only portion of the DRI
within the City of Winter Springs consists of parcels 14A and 14B. It is the only DRI within the
City of Winter Springs.
Parcel 14B compliments and provides a transition between the mall and the adjacent residential
neighborhoods. Parcel 14B has a "Mixed Use" Future Land Use and a "Planned Unit
Development" Zoning designation. The parcel is vegetated primarily with wetland hardwoods.
Existing wetlands on the site, in conjunction with an existing settlement agreement on the DRI
reduces the developable acreage from 45.6 acres to about 11.24 acres.
Existing Land Uses - Of the 49.5 acre Winter Springs portion of the Oviedo Marketplace DRI,
Parcel 14B is still undeveloped. The Inwood office building was constructed on the 3.81 acre
parcel 14A in 2007, after Parcel 14 was divided via a lot split. Adjacent existing land uses,
zoning and FLUM designations include the following:
Subject Sites Undeveloped PUD (WS) Mixed Use (WS)
North Single Family Residential PUD (WS) Low Density Residential
(WS)
SOUth Medical Offices PUD (SC) PD (SC)
East HospitaUOffice; RetaiUOffice; PUD (OV) & PD (OV) & HIPD (SC)
and Stormwater Retention PUD (SC
WCSt Single Family Residential R-lA (SC) Low Density Residential
(SC)
Page 3
August 10, 2009
Regular Agenda Item boa
Page 4 of 6
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Existing Winter Springs DRI Development Order -Parcels 14A and 14B are currently
designated as retaiUoffice, with the ability to convert 29,000 square feet of retaiUoffice to as
many as 100 town-house dwelling units, with a "build-out" date of December 31, 2007. Of the
49.5 acres, only 15.1 are stated to be developable (15.ldevelopable acres - 3.86 Inwood = .11.24
acres of residual developable land).
Oviedo and Seminole County DRI Development Orders -Each were amended during 2005,
extending the build out date to late 2007. Additionally, The Oviedo DRI Development Order
removed 10,000 SF of retail space from Parcel 13 (which is adjacent to Tuscawilla Units 7 & 13
in Winter Springs) and replaced it with 180 townhouses.
Amended Settlement Agreement- The Amended Settlement Agreement of 1995 prohibits
development within 250' of the boundary of the project, requires stepping the height of buildings
depending upon the setback distance, and requires a buffer to the residential areas. Bike Paths
and Pedestrian Walkways are required as alternative forms of transportation on the project site.
Winter Springs may, but is not required to provide municipal services to Parcel 14.
NOPC to the DRI Development Order: The applicant proposed to amend the DRI Development
Order for Parcel 14 as follows: 1) add townhouse to the equivalency matrix; 2) convert 29,000
SF (of the 160,000 SF total retail use allocated to this parcel) into 132 residential units; and 3)
extend the build out date from 12/31/05 to 12/30/07, an extension of two years, less one day.
The City Commission approved the request, but allowed a maximum of 100 residential town-
home units. In 2007, the Florida legislature passed HB 7203, which amended Chapter 380, FS
(Subsection 380.06 (19) (c), FS), to extend any DRI under active construction as of July 1, 2007
(the word "construction" was not defined) was extended for three (3) years free and clear without
any need for an NOPC. Staff and the City Attorney have discussed whether or not allowing
storage will require an NOPC and the possible ramifications of recent legislation (e.g. SB 360,
which was signed by Gov. Crist on June 1, 2009). If the Commission agrees with the concept
of substituting indoor storage for retail, the applicant will proceed with an NOPC to
formalize the change.
Facilities and Services
Mitigation for all traffic impacts through the build out date has been completed. As stated in the
Seminole County Development Order, the Seminole County Commission has determined that
"adequate public facilities are available for Phase 1, Phase 2, and Phase 3 of the Project." Phase
3 of the development plan includes development of Parcel 14 (parcels 14A and 14B).
Major access to the site is by way of Red Bug Lake Road, a 6-laned minor arterial roadway,
currently operating at Level of Service "B", between Slavia Road and SR 417. The Development
Order is required to not reduce the levels of service below the adopted level of service standards
(9J-5.0055, FAC). The site has direct access to Dovera Drive and there is a recorded cross-
access easement between Parcel 14B and the adjacent properly to the south along Dovera Drive
(Lot 12). Personal storage facilities have very low traffic generation rates, in comparison to
retail, office, or residential and peak hours of traffic generation are typically different than those
of retail, office, or residential.
Page 4
August 10, 2009
Regular Agenda Item boa
Page 5 of 6
Seminole County currently provides water and sanitary sewer via a utility service agreement
between Seminole County and the City of Winter Springs. The County has indicated that there is
sufficient capacity to serve the development without lowering the County's adopted level of
service.
Fire and Police have in place a First Responder Agreement, which means that the closest station
responds to the emergency. The closest station to Parcel 14 is Seminole County Fire Station 27
on Red Bug Road. The closest Winter Springs Fire Station is Station 26 on Northern Way in
Tuscawilla.
Compatibility with Surrounding Development
The proposed development is compatible with surrounding uses, given the topography, Amended
Settlement Agreement, and DRI Development Order.
Compatibility with Comprehensive Plan
The proposed change is consistent with the adopted future land use designation of Mixed Use
(which allows residential along with retail and office commercial and which stipulates that no
more than 75% of any one type of land use will be permitted to dominate the site [Future Land
Use Element, Policy 4.2.1]).
Storage as a Use
Indoor storage is a permissible use in the Commerce Center (CC) and C-3 Highway Commercial
District as well as in the I-1 Light Industrial District. It is allowed only within the portion of the
C-2 zoning district adjacent to the railroad tracks and north of SR 419. It is not a permissible C-1
or C-2 use otherwise, within the City, although there is an established personal storage facility in
the C-1 zoning district on the south side of SR 434, just west of South Moss Road. A number of
local government regulations list personal indoor storage as a light industrial use, while others
include it within more intense commercial zoning districts. Personal storage is often used as a
temporary land use, eventually replaced by a "highest and best use" of a subject property.
FINDINGS:
1. The proposed storage use is consistent with the City's Comprehensive Plan.
2. The proposed storage use will likely be compatible with surrounding development.
3. Personal enclosed/indoor storage is sometimes a temporary or transitional use, followed by a
use considered to be more of a "highest and best use."
4. Personal enclosed/indoor storage is not a permitted use in the City's C-1 and C-2 uses. It is
allowed in one area of C-2, within the City(north of SR 419, adjacent to the railroad line), as
well as within the Commerce Center and C-3 Highway Commercial districts and the I-1 Light
Industrial zoning district. However, there are personal storage facilities in and near the City
which are located within commercial, rather than industrial areas.
RECOMMENDATION: Staff recommends the City Commission consider provision
of personal storage at the southern end of parcel 14B, in lieu of retaiUoff~ce, subject to any
conditions the City Attorney may provide or the City Commission feels is appropriate..
Page 5
August 10, 2009
Regular Agenda Item boa
Page 6 of 6
ATTACHMENTS:
A- Location Map
B- Parcel 14 Master Plan
C- Initial Concept Sketch (for discussion of use, only - it has not been reviewed by staff for
code compliance)
CITY COMMISSION ACTION:
Page 6
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