Loading...
HomeMy WebLinkAbout2009 10 12 Regular 604 Request To Consider Allowing The Option Of A Continuous Care Retirement Center (CCRC) Or An Independent Living Facility (ILF) Within Parcel 14-BCITY COMMISSION AGENDA ITEM 604 Consent Information Public Hearin Re ular X October 12, 2009 Meeting MGR. DEPT ` Authorizatio REQUEST: The Community Development Department requests that the City Commission consider allowing the option of a Continuous Care Retirement Center (CCRC) or an Independent Living Facility (ILF) in lieu of 100 Townhouse/condominium units within Parcel 14-B of the Oviedo Marketplace PUD (and Development of Regional Impact - DRI). PURPOSE: On August 10, 2009, the City Commission approved the allowance of up to 100,000 square feet of personal storage/mini-warehouse. An implementation agreement to allow this use is the subject of Agenda Item 600 on the Commission's October 12, 2009 regular meeting. Additionally, the applicant is requesting that the remaining portion of Parcel 14-B, currently approved for 100 townhomes/condominiums, be allowed options for a maximum of 184 independent living units or a maximum of 318 assisted living beds (CCRC). This agenda item is to request advisability from the Commission relative to the allowance of the additional options. APPLICABLE ZONING & FUTURE LAND USE DESIGNATION: Zonin :PUD Future Land Use Desi ng ation: Mixed Use (with partial conservation overlay) APPLICABLE LAW AND PUBLIC POLICY: Chapter 380, Florida Statutes Comprehensive Plan Chapter 20 Article IV. Planned Unit Developments (PUD), Division 2. Part A. PUD Development Order 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. October 12, 2009 Regular Agenda Item 604 Page 2 of 8 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. 1 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. July 1, 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. August 10, 2009 Commission approved the inclusion of up to 100,000 square feet of personal storage on Parcel 14 -B in lieu of the retail use previously approved. This approval was subject to Page 2 October 12, 2009 Regular Agenda Item 604 Page 3 of 8 the approval and execution of an appropriate facilitating documentation, which has been determined to be an implementation agreement. CONSIDERATIONS: Proiect Synopsis The Oviedo Marketplace DRI (formerly Oviedo Crossing) is contained within three jurisdictions: Seminole County, the 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 (townhouses or condominiums). In August 2009, the applicant requested to be allowed to construct up to 100,000 SF of personal storage /mini warehouse in lieu of retail, on the southern- most portion of Parcel 14 -B. The Viera Company, owner of the Oviedo Marketplace, indicated that it considered the indoor storage facility the same as retail. They requested the Commission provide direction, before proceeding with an Implementation Agreement or other facilitating documentation to authorize the change. Now the applicant is requesting that the remaining developable portion of Parcel 14 -B, currently approved for 100 townhomes /condominiums, be allowed an option for a maximum of 184 independent living units or a maximum of 318 assisted living beds (CCRC). These options would be in lieu of the currently approved 100 townhouse /condominium units and are the maximum number of units allowable if the entire remaining developable portion of Parcel 14 -B were devoted to the single unit type. Any request to integrate two or more of the proposed options would require additional negotiations. Location Parcel 14B (Tax parcel ID 17-21-31-300-001H-0000) is located west of the Oviedo Marketplace Mall and Dovera Drive and north of Red Bug Lake Road. Total Acreaae- 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. As previously mentioned, the Oviedo Marketplace DRI is contained within three jurisdictions: unincorporated Seminole County (163 acres), the 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. Page 3 October 12, 2009 Regular Agenda Item 604 Page 4 of 8 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. Existine 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: Existing Land Uses Zoning FLUM Subject Sites Undeveloped North Single Family Residential PUD (WS) Medical Offices PUD (SC) Hospital /Office; Retail /Office; PUD (OV) and Stormwater Retention PUD (SC) Single Family Residential R -1A (SC) Mixed Use (WS) PUD (WS) Low Density Residential (WS) PD (SC) PD (OV) HIPD (SC) Low Density Residential (SC) (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Existine Winter Shrines DRI Development Order Parcels 14A and 14B are currently designated as retail /office, with the ability to convert 29,000 square feet of retail /office 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 (15.1 developable acres 3.86 Inwood .11.24 acres of residual developable land). Oviedo and Seminole County DRI Development Orders Each was 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. The Commission approved the concept of substituting up to 100,000 Page 4 October 12, 2009 Regular Agenda Item 604 Page 5 of 8 square feet of indoor storage for retail at its August 10, 2009 meeting. If the Commission agrees with the concept of allowing the additional options for the independent living units or the assisted living beds (Continuous Care Retirement Center), staff will work with the City Attorney to craft the appropriate methodology for allowing the additional options. 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 property 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. 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 including the Florida Hospital Sports Medicine and Rehabilitation Facility. 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]). Financial Analysis The applicant is requesting that the remaining portion of Parcel 14-B, currently approved for 100 townhomes/condominiums, also be allowed an option for a maximum of 184 independent living units or a maximum of 318 assisted living beds. These numbers represent the maximum allowance for each unit type if the entire remaining portion of parcel 14-B were used. Any proposed integration of two or more of these unit types would require a negotiation based on, but not limited to, traffic generation numbers and a modified financial analysis of any proposed integration. Page 5 October 12, 2009 Regular Agenda Item 604 Page 6 of 8 The potential tax revenue of the three proposed development scenarios is as follows: Townhouse/condominium (100 units Units (1845 square feet) -assessed at $90/square foot: $16,605,000 assessed tax value $16,605,000/1000 = 16,605 16,605 (2.5814) _ $42,864.15 $42,864.15 (less the 4% statutory discount) _ $41,149.58 tax revenue Independent livin fg acility (184 units) 210,893 square feet -assessed at $70/square foot: $14,762,510 assessed tax value $14,762,510/1000 = 14,762.51 14,762.51 (2.5814) _ $38,107.94 $38,107.94 (less the 4% statutory discount) _ $36,583.63 tax revenue Assisted livin facility~318 beds), aka: Continuous care retirement center 283,195 square feet -assessed at $70/square foot: $19,823,650 assessed tax value $19,823,650/1000 = 19,823.65 19,823.65 (2.5814) _ $$51,172.77 $51,172.77 (less the 4% statutory discount) _ $49,125.86 tax revenue Traffic Analysis Parcel 14 of the Oviedo Marketplace Development of Regional Impact originally allowed a retail/office land use of up to 160,000 square feet (SF). A Notice of Proposed Change (NOPC) was approved by the City Commission on March 27, 2006 allowing 29,000 SF of the 160,000 SF of retail/office use on Parcel 14 to be converted to a maximum of 100 residential townhome units. Of the remaining 131,000 SF of retail/office, 45,000 SF has been consumed by the existing Inwood office building, leaving 86,000 SF of available retail/office use on Parcel 14. The current proposal would substitute up to 100,000 SF of storage /mini-warehouse for the remaining 86,000 SF of retail/office, and it allows the 100 residential townhome units to be developed as either 100 residential units (townhome or condominium), 184 senior adult independent living units, 318 assisted living beds, or some equivalent combination. As shown in the table below, the proposed land use change to storage /mini-warehouse results in a significant reduction in the potential daily trip generation for Parcel 14. Page 6 October 12, 2009 Regular Agenda Item 604 Page 7 of 8 Land Use Size Daily Trip Generation (ITE) Original Plan Retail Office 160,000 SF 9,218 NOPC Update March 2006 Retail Office Townhome Condo Current Plan Inwood Office Building Retail Office Townhome Condo LPronosed Plan Inwood Office Building Mini Warehouse Residential* Total Total Total 131,000 SF 100 units 45,000 SF 86,000 SF 100 units 45,000 SF 100,000 SF 100 units 8,094 642 8,736 721 6,157 642 7,520 721 250 642 1,613 Residential units may consist of either 100 townhouse /condominium units, 184 senior adult housing units (Independent living facility), or 318 beds (Continuous Care Retirement Center). Residential unit types may be mixed as long as the total daily residential trip generation does not exceed 642. FINDINGS: 1 The proposed uses are consistent with the City's Comprehensive Plan. 2. Staff has received multiple inquiries over the past several years relative to the need for and possible provision of senior care and housing facilities in the City of Winter Springs. 3. The proposed uses will be compatible with surrounding development, including the Florida Hospital Sports Medicine and Rehabilitation facility. 4. The proposed use options significantly reduce the potential trip generation for Parcel 14. 5. The preliminary financial analysis indicates a potential reduction in tax revenues of $4,500 if the independent living facility were fully developed and a potential increase in tax revenues of $8,000 if the continuous care retirement center were fully developed. RECOMMENDATION: Staff recommends the City Commission consider the allowance of an independent living facility (up to 184 units) or a continuous care retirement center (up to 318 beds) on the remainder of Parcel 14 -B as options to the currently approved 100 Page 7 October 12, 2009 Regular Agenda Item 604 Page 8 of 8 townhouse/condominiums and provide direction to staff as the Commission deems appropriate. If the City Commission determines that it wants to pursue the allowance of the proposed options, staff requests the Commission authorize staff and the City Attorney to research the appropriate process and prepare the necessary documents to facilitate the allowance. ATTACHMENTS: A- Locale Maps CITY COMMISSION ACTION: Page 8 ATTACHMENT A • iii, 1rt i v 4t Si t• M i f'r r ,r a 1