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HomeMy WebLinkAbout2001 11 26 Public Hearings A First Reading - Ordinance 2001-58 Change Zoning Map Designation COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regu lar November 26,2001 Meeting Mgrfl^t-: Attor / ~t. Authorization REQUEST: The Community Development Department requests the City Commission conduct a public hearing for the first reading of Ordinance 2001- 58, which would change the zoning map designation of a 49.55- acre parcel from "Planned Unit Development (Seminole County) to "Planned Unit Development" (Winter Springs). The subject property is located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace Development of Regional Impact (DRI). PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading of Ordinance 2001-58 to assign a City zoning map designation of "Planned Unit Development" to Parcel 14 of the Oviedo Marketplace DR!. APPLICABLE LAW AND PUBLIC POLICY: Section 20-102(e) of the City of Winter Springs Code of Ordinances states, "The city planner, or.. ..such other individuals as may be designated to perform such duties by the City Commission, shall maintain the official as well as the working zoning maps...." Section 20-104 of the City's Code of Ordinances states, "The City Commission may from time to CDDlNovember 16,2001/2:57 PM November 26,2001 PUBLIC HEARING AGENDA ITEM A Page 2 time amend, supplement, change or repeal the regulations, restrictions or district boundaries and designations as set out in this ordinance after a public hearing(s)...." Section 20-355 outlines the procedure for approval of a "Planned Unit Development" and Section 20- 356 describes the minimum identified exhibits and supporting materials that must be contained on the accompanying Preliminary Development Plan. CONSIDERA TIONS: 1. The property was in the unincorporated portion of the County until it was annexed in 1995. 2. The property was never assigned a City zoning designation, as required by Chapter 20, Article III of the City's Code of Ordinances. 3. This request was submitted concurrent with a request to change the future land use map (FLUM) designation for the same property. FINDINGS: 1. Article IV, Section 20-356 of the City's Code of Ordinances describes the requirements for PUD zoning, based on a preliminary development plan. The preliminary development plan, as submitted, meets the criteria defined by that chapter by demonstrating the following: A. Shows the name, location, legal description, acreage and type of planned unit development; B. Identifies the present owners of the land; a developer has yet to be determined; C. Identifies all consultants involved in the preparation of the preliminary development plan; D. Shows a vicinity map indicating the relationship between the planned unit development and the surrounding area; E. Shows existing topography and other natural features; F. Shows a soil survey indicating the location and description of soil types; G. Describes existing vegetation and which natural areas will be preserved, altered or eliminated; H. Shows a proposed land use plan; however, priority and phasing of development has yet to be demonstrated; and I. Shows proposed method of providing utilities and infrastructure; CDD/November 15, 2001/11:05 AM November 26,2001 PUBLIC HEARING AGENDA ITEM A Page 3 2. On October 3, 2001, the Planning and Zoning Board recommended approval of the rezoning request, subject to the conditions recommended by staff. 3. On November 12, 2001, the City Commission adopted Ordinance 2001-45, which would change the future land use designation of the property from "Planned Development" and "Conservation Overlay" (Seminole County) to "Mixed Use" (Winter Springs), should DCA find the large-scale FLUM amendment in compliance 4. On November 12, 2001, the City Commission approved the accompanying DRI development order. 5. On November 19, 2001, the City transmitted the large-scale FLUM package to DCA for compliance review; the proposed zoning is consistent with the proposed future land use designation. 6. This request to the City Commission represents the next sequential step in the approval process. FISCAL IMPACT: None. IMPLEMENTATION SCHEDULE: This rezoning request is being filed concurrent with a future land use map amendment for the subject property. The City Commission conducted a public hearing to adopt the proposed future land use amendment on November 12, 2001, and the adopted plan amendment was subsequently transmitted to DCA for compliance review. Following this review, a Notice ofIntent to find the amendment in compliance or not in compliance will be issued within 45 calendar days. Assuming there are no petitions to challenge the determination of compliance/non compliance within 21 calendar days after the publication of notice, the Notice ofIntent will become final agency action. After final agency action, the City Commission can conduct a public hearing for the second reading of Ordinance 2001-58, which would assign a City zoning designation of "Planned Unit Development" to the subject property. STAFF RECOMMENDATION: Staff recommends that the City Commission adopt Ordinance 2001-58, which would assign a City zoning designation of "Planned Unit Development" and replace the original Seminole County zoning designation of the same name. CDDlNovember IS, 2001111 :05 AM November 26,2001 PUBLIC HEARING AGENDA ITEM A Page 4 LOCAL PLANNING AGENCY RECOMMENDATION: On October 3,2001, the Planning and Zoning Board recommended that the property be rezoned from "Planned Unit Development" (Seminole County) to "Planned Unit Development" (Winter Springs), pursuant to the following conditions suggested by staff: 1. Parking by trucks, tractor trailers or similar vehicles shall be limited to 72 hours. 2. Outdoor sales shall not be permitted in vehicle accommodation areas. 3. The sales of goods and/or services from trucks, trailers, or similar equipment shall be prohibited. ATTACHMENTS: A. Ordinance 2001-58 (forthcoming) B. Proposed Master Development Plan C. Legal Description D. October 3, 2001 Local Planning Agency staff report E. October 3,2001 Local Planning Agency approved minutes COMMISSION ACTION: CDDlNovember 15, 2001/11 :05 AM ATTACHMENT A ATTACHMENTB ( ( '-." . [C GLATTING Legend: JACKSON KBRCHBR ANGLIN LOPEZ RINEHART ( ~f ') . ,~ II \ (. ,,-'>" A \( l~;, ,~}' ~'\ I''''{ $ .) : I . r' : , \, ' ,j; oviEidornarketplace r';. _. . j' \ \ I: ._ 4 .~.. C'._ ..:.~ _ _. r" .. ~ I . . --I .- oviedomarketplace ... . 1 1________ \ \ (~~ # # Retail/Office ~ ,?'~ ~ ij\~ ' '?' ~ ,7 -.,,, I".:..,:":::::' '0) >, .. .C .0 , ~', - ~" ''c> ~ 0 -_'-- - " /:.oa.o~-_--'-~'--'--='..' ~., '"7' . /' #"" ~0' . , .. ~., ",1>'..."<< '. \. ' ___________ .._ _..__..______ ____ , ~ . . ^' /~ \ --,=-='-~'._._--------------. -.- :' .-:-----,... -.---- <Q'i:>'1J , ..-- -_~ ..' .. . .. , }o." '., ' '..-~ u ' , . . o . .' . ~. - - ,-_.'"\ SCa Ie in Feet I o North 11':\ 800 \V SOurce: P.E.CJMarch 2001 ... Site Boundary - Parcel 14 - - - - Oviedo Marketplace Property _ Wetland Preservation Area :_::~:.':='-': Upland Preservation Area .', ,"", - , ~.I Upland Enhancement Area Retail/Office 160,000 Square Feet - - - - Drainage Easement -.. -. 250' Setback from Residential ma ph 2 - Parcel 14 ~,it.;::\ m~~tAr rlA\lAlnnmt:lnt nl~n 400 ATTACHMENT C Page 1-4 /- B. Legal Description .,- lEGAL DESCRIPTION A TRACT OF LAND LYING iN SECTlON 17, TO"VNSHIP 21 SO UT:-i , RANGE 31 EAST DESCR:8ED AS. FOLLOWS: ,.-. COMMENCE AT THE NORTHEAST CORNER OF LOT 12, OVIEDO CROSSiNG . FHASE 1 B, ACCORDING TO THE ?LA T THEREOF AS RECORDED IN ?LA T BOOK 47, PAGES 80, 81, 82, AND 83 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, AS THE POINT OF BEGINNING; .THENCE RUN THE FOLLOWING COURSES ALONG TIiE NORTH UNE OF SAiD LOT 12; NORTH 72046'44" WEST, 63.09 FEET; SOUTrl 63005'12" WEST, 61,20 F..J:I; Sql.JTrl 53050'30" EAST, 4.28 FEET; -SOUTH 1600S'5S" EAST,. i5.85 FEET; SOUTH 36003'21" EAST, 19.28 FEET;. SOUTH 16006'18~ weST, 18.1-5 FEET; SOUTH 11013'24" EAST, 23.03 F=EET; SOUTH 62056'25" WESr, 24.86 FEel; SOUTH 65039'42" WEST, 22.91 FEET; SOUTH 40051'22" WEST, 19.28 FEET; SOUTH 14041'54~ WEST, 39.45 FEET; SOUTrl 07028'11" WEST, 53.CO FEET; SOUTH 03054'47" EAST, 17.73 FEET; SOUTH 04032'01" WEST. 32.26 F"t:ET; SOUTH 10023'42" EAST, 27.27 FEET; SOUTH 21025'56" EAST, 25.94 FEET; SOUTH 57013'53" EAST, 26.73 FEET; SOUTH 22030"24" EAST, 30.l}2 FEET; SOUTH 17032'14" WEST, 34.51 FEET; sourrl 12034'08" WEST, 35.7,1. FEET; SOUTH. 20039'55" EAST, 50.30 FEET; SOUTH 14047'38" WEST, 33.01 FEl:I; SOUTH 38046~4r weST, 36.55 FEET; SOUTH 69023'30" WEST. 30.V FEEl:; SOUTH 83013'35" WEST, 31.96 FEET; NORTH 83026'48" WEST, :u3.09 FEET; SOUTH 86046'10" WEST, 122.80 FEET; NORTH 87033'11" WEST, 45.67 FEET; SOUTH 69<>2].'35" WEST, 21,26 FEEl; NORTH. 87032'46" WEST, 146~71 FEET; THENCE, DEPARTiNG SAID NORTH UNE OF tOT 12, RUN NOR");H 57024'04" EAST, 29.61 FE.t:I; THE.~CE RUN _ NORTH 00047'25" EAST, 484.40 FEET TO A CURVE CGNCAVE NOR11;ERlY; THENCE RUN WESTERLY AND THEN NORTHEnL Y ALONG SAm CURVE, HAVING A RADIUS lENGTH OF 750.00 FEET, A CENrnA1. ANGLE OF 138048'54", AN ARC LENGTH OF 1817.09 FEET, A OiORD LE.~GTrf OF 1404.16 FEET, AND A ~ORD BEARING OF NORTH 19016'44" WEST; THENCE RUN NCRTrl 43050'01" EAST, 413.30 FEET TO THE SOUTIiE''"\l. Y UNE OF TUSCAWILlA UNIT 7, ACCORDING TO THE PLAT THERECF, AS RECCReED.lN PlAT BOCK 22. PAGES 46 AND 47 OF THE PUBUC RECORDS OF SEMINOLE COUNTY, R.ORIDA;. THENCE RUN ALONG THE SOUTHERLY UNE CF SAID TUSKAWlUA UNIT 7; SOUTH 70000'29" EAST, 664.21 F"=l TO TrlE SOUTHEAST CORNER OF SAID' FlAT; THENCE RUN SOUTH 01007'52" EAST, 319.02 FE::I; THENCE RUN SOUTH 89037'4Q." EAST, 520.75 rt:ET; THENCE RUN sourrl 14032'19- EAST, 169.91 FEET: THENCE RUN SOUTH 71020'10" EAST, 164.74 FEET TO A POINT ON THE WESTERlY RIGHT-OF-WAY OF THE PROPOSED OVIEDO CROSSING TERRACE; THENCE RUN ALONG SAID ?ROPOSED WEST RIGHT-OF-WAY UNE TrfE FOllOWING COURSES: SOUTH 55015'44- WEST, 200.22 ;:-=, TO A CURVE CONCAVE SOUTHEASTERlY; THENCE RtJN SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 9.50.00 FEET, A CENTRAL ANGLE OF 19006'OS-, AN ARC LENGTH OF 316.71 rE::'"T, A CHORD LENGTH OF 315.25 FEET,. AND A OiORD BEARING OF SOUTH 45042'41" WEST; THENCE RUN SOUTH. 36009'39" WEST, 275.09 FEET TO A CURVE CCNCAVE SOUTHEASTERLY; THENCE RUN SCUTHWESTE.~L:V ALONG SAID CURVE HAVING A RADIUS LENGTrl OF 800.00 FE..t:T, A CENTRAL A....GLE . OF 17048'35-' AN. ARC LENGTH OF 248.57 FEET~ A OiORD L8':1~ OF 247.57 FEET, AND A OiORD BEAR1NG OF SOUTrl 270'1-5'22- WEST TO TnE AFORESAID NORTHEAST CORNEa OF LOT 12 ANO mE. POINT OF BEGINNING. TrfE ABOVE DESCRIBED TRACT OF LAND UES IN SEMINOLE COUNTY, R.ORlDA AND CCNT~lNS 49.551 ACRES, MORE OR LESS. City of Winter Springs - Oviedo Marketplace Comprehensive Plan Amendment March 200/ ATTACHMENTD PLANNING AND ZONING BOARD - LOCAL PLANNING AGENCY REGULAR AGENDA ITEM October 3, 2001 B. Oviedo Marketplace Zoning Map Amendment STAFF REPORT APPLICABLE LAW AND PUBLIC POLICY Oflicial Zoning Map Amendment Chapter 20, Article IV contains the review requirements for PUD (Planned Unit Development) zoning. Section 20-355 requires that the staff Development Review Committee (ORe) review a PUD application and submit a recommendation to the Local Planning Agency (LPA). The LPA is required to conduct a public hearing to consider the change of zoning request, along with the preliminary development plan required for PUD zoning. 111e LPA will recommend approval, approval with modifications, or denial of the request to the City Commission, who will subsequently conduct a public hearing to review the preliminary development plan and consider recommendations from staff and the LP A. Based on the City Commission's decision, the applicant will submit a final development plan that will be subject to staff review and LP A action, prior to final approval by the City Commission. I. SUMMARY OF APPLICATION A. Applicant: Carey S. Hayo, Principal Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 Owner: The Viera Company 7380 J\1[urrell Road, Suite 201 Viera, Florida 32940 B. Request: The applicants request an amendment to the City's Official Zoning Map, to change the Future Land Use Classification on the subject property from (Seminole County) PUD and Conservation Overlay to (Winter Springs) PUD. Prior to this request, the applicants submitted a request to amend the Future Land Use Map (FLU:NQ, along with a revision to the adopted (Seminole County) Development of Regional Impact (DIU) Development Order for Parcel 14 of Oviedo Marketplace. 111e comprehensive plan amendment is currently under review by the Florida Department of Community Affairs (DCA). 1 P&Z Board Meeting - October 3, 2001 Zoning Map Amendment - Oviedo Marketplace C. Purpose: The purpose of the request is to assign a City zoning classification to the site, similar to the current Seminole County Planned Development designation, which would allow the site to be developed in a manner consistent with the DIU Development Order and future land use classification currently under review. D. Site Information: 1. Parcel Number -17-21-31-300-00lT-I-0000 2. Acreage - 49.55 acres 3. General Location - The site is located on Dovera Drive, near the intersection of Red Bug Lake Road and the Central Florida Greeneway. The site corresponds to Parcel 14 of the Oviedo Marketplace DIU. 4. Legal Description - See attachment C 5. Chronology of Subject Property - The subject property is palt of the Oviedo Marketplace DRI, which was approved in 1988. The DRI is currently located in three jurisdictions, which include the City of Oviedo, the City of Winter Springs, and Seminole County. When the subject property (parcel 14) was annexed into the City of Winter Springs in 1995, neither a FLUM or zoning classification was assigned to the property. For development purposes, the site is required to have City FLUM and zoning categories. 6. Existing Land Use -111e property is currently vacant. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site V acan t PUD (SC) PD, Cons. Overlay (SC) North Single-Family Residential PUD (\"\1S) LD R (\"\1S) South Commercial P UD (SC) PD (SC) East Vacant & Commercial PUD (SC & 0) HIP (SC) Wetlands P UD (0) Conservation (0) West FPL Easement & Single- R-11\ (SC) LD R (SC) Family Residential (WS) Winter Springs; (SC) Seminole County; (0) Oviedo 7. Development Trends - With the development of the Oviedo Marketplace, tllis area of Red Bug Lake Road has developed into a combination of commercial, office and medical uses. The applicant is planning to develop a mixture of retail and office uses on the site, while leaving more than half of the property as open space. The proposed land uses are consistent with the general character of the area. 8. Letters/Phone Calls In Favor Or Opposition - Prior to initiating tlle comprehensive plan amendment and DIU Development Order requests, the applicant held neighborhood meetings in j\hy 2001 to explain the proposal to neighboring residents. However, no residents attended the meetings. 2 P&Z Board Meeting - October 3, 2001 Zoning Map Amendment - Oviedo Marketplace II. ANALYSIS A. Official Zoning Map: The applicant is requesting PUD zoning for the entire site. The site is currently shown as PUD on the Seminole County Official Zoning Map. Assuming the Comprehensive Plan Amendment is approved by DCA, the proposed PUD zoning, along with the Mixed Use FLUM designation would allow flexibility and efficiency in the design of future development. B. Public Facilities: 1. Roads/Transportation - 11le subject property will be accessed from Dovera Drive, which connects with the mall parcel to tJle north and Red Bug Lake Road to tJle SOUtJl. When tJle DRI was originally reviewed, the impact of the proposed uses on the road network was analyzed in great detail. Monitoring and traffic impact studies have also been prepared. The DRI development order lists transp01tation improvements and mitigation measures that are required for the subject property, prior to its construction as a part of Phase 3. They include the following: · Red Bllg Lake and .r.R436: Prior to the development of Phase 3a, the developer is rel1uired to pay a proportionate share for an intersection improvement study. This requirement has been met by the developer. . S.R 434 alld S.R 426: Prior to the development of Phase 3a, the developer is required to extend Division Street from lVlichelle Hammock Road to C.R. 419 in a 2-lane configuration. Also, the developer will be required to provide 5 acres for wetland mitigation. . S.R 426: Prior to the development of Phase 3b (subject site), the developer is required to widen S.R.426 to four lanes, from "Mitchell Hammock Road to Winter Springs Boulevard. The Oviedo Marketplace mall is currently served by LYNX Bus Route 4. The TDP for LYNX shows that new service and the re-alignment of routes are scheduled for 2002. At that time, there will be three routes serving the Oviedo J'vlarketplace, which will expand existing capacity. 2. Sanitary Sewer, Potable Water, Solid Waste, Stonnwater Management - . Sanitary .reuleI' and Potable Water: Seminole County currently provides water and sanitary sewer service to Oviedo marketplace and is anticipated to be tlle provider of these services to Parcel 14 as well. The Settlement Agreement states that it may be possible for the services to be assigned to the City of Winter Springs via a utility service agreement between Seminole County and the City of Winter Springs. Based on the projected service demand for Parcel 14, there is sufficient capacity to serve the development without lowering the County's adopted level of service. 'l1le applicant has submitted a letter from the Seminole County Environmental Services Department stating the County's ability to provide water and sewer service to the subject property. 3 P&Z Board Meeting - October 3, 2001 Zoning Map Amendment - Oviedo Marketplace . Solid Waste: No hazardous wastes are expected to occur on the subject property. However, the Development Order states, "the Developer shall prepare and submit a Draft Hazardous Materials ~I[anagement Plan to the Florida Department of Environmental Protection (FDEP) for review and approval." The FDEP ensures that adequate hazardous materials and waste management and disposal procedures are implemented. . Stor7J1Jl!ater Management: The DRI has a master drainage system, designed and permitted through the St. John's Water Management District (S]WMD) and Seminole County, and is maintained by the Dovera Community Development District (DCDD). The stormwater management, for the subject property will meet the standards of FDEP, SJRJ\I[WD and the level of service established by tJ1e City. 3. Recreation and Open Space - The proposed development docs not include a residential component. Therefore, there is not a requirement for recreational facilities. The developmcnt, howevcr, will provide approximatcly 34 acres (over 50% of the site) of open spacc, to be prcserved through a conservation easement dedicated to the DCDD. 4. Police and Fire - The proposed land use classification will not create a negative impact on the current level of service for City Police and Fire facilities. C. Nuisance Potential Of Proposed Use To Surrounding Land Uses: The development of the site under the PUD zoning designation will not have an adverse impact on surrounding properties. The City's Comprehensive Plan requires a minimum buffer of 25 feet between adjacent residential and commercial uses. However, a Settlement Agreement (August 1995) between the City of Oviedo, tJ1e City of \\linter Springs and tJ1e owner of the Oviedo Marketplace property, requires that development be no closer than 250 feet from tJ1e boundary of Ovideo Marketplace development and adjacent residential uses. This includes roads, parking, buildings and active uses. There are also restrictions on building height anq a wall provided where existing natural vegetation does not exist along the boundary. As noted above, over 5011'0 of the site will be preserved as open space, providing a natural and visual buffer between non-residential uses and residential uses to the west and north. Also, the subject property will be accessed from a road that leads to the Oviedo Marketplace mall. No commercial traftlc will be directed toward or onto any residential streets. D. Natural Lands Compatibility: 1. Soils - There are two distinct soil types on the subject property, which include swamp and sand. Swamp corresponds to the wetlands to be preserved, and fine sand comprises the developable portion of the site. These are generally associated with transitional soils, and are often found in nearly level tracts, adjacent to wet areas of flatwoods connected to low lands. The soils on the eastern portion of the site are adequate for development. 2. Topography - The site is generally flat, with a variation of 5 feet between the lowest and highest grades. 4 P&Z Board Meeting - October 3,2001 Zoning Map Amendment - Oviedo Marketplace 3. Flood Prone Areas - The subject site is not within the 100-year Hood prone area. 4. Natural Resources - The developer will be required to protect the wetlands on the site. A conservation easement has already been dedicated to the DCDD. ll1ere are no endangered plants on the property. 5. Wildlife - The bald eagle nest originally identitied on the property was abandoned for more than five years. The Florida Game and Fresh Water Commission has determined that the restrictions previously related to the ncst no longcr apply. ll1e proposcd Development Order to bc adoptcd by the City of Winter Springs does not make any rcferences to the ncst. There are no othcr endangered, threatened or species of spccial concern known to occur on the site. The Development Order states that if any other endangered, thrcatened or special concern species are found on thc site, development will cease, and thc Florida Game and Fresh \Vater Commission would be notified. 6. Historic/ Archaeological Resources - There are no known significant historical or archaeological resources locatcd on thc sitc. E. Consistency With The Comprehensive Plan: The proposed PUD zoning classification is consistcnt with thc Mixed Use large scalc Comprehensive Plan amendment previously considered and recommended for approved by the LP A. The request to change thc existing (Seminole County) PUD zoning designation to the City's PUD zoning designation is also consistent with the goals, objectives and policies of the City's comprehensive plan. III. FINDINGS 1. Article IV, Section 20-355 of the City's Code of Ordinances describes the requirements for PUD zoning, based on a preliminary development plan. This application meets the criteria defined by this chapter. 2. On June 6, 2001, the LP A recommcndcd approval of thc largc scale comprehcnsivc plan amendment request for transmittal to DCA, which would change the FLUM designation from (Seminole County) PUD and Conservation Ovcrlay to (Wintcr Springs) Mixed Use if approved. The requested zoning would be consistent with this recommendation. 3. On August 13, 2001, the City Commission followed the recommendations of staff and the LP A and approved transmittal of the large scale comprehensive plan amendment request to DCA for review. IV. STAFF RECOMMENDATION Even though the request to change the zoning of the subject property is being reviewed concurrent with a request to change the FLUM designation for the same property, final action on the rezoning request would not precede DCA's final decision on the large scale comprehensive plan (FLUM) amendment. Final approval of the rezoning request (by the City Commission) could only occur after approval of thc large scalc comprchensive plan amendment by DCA. In light of this information, staff recommends approval of the request to change the 5 P&Z Board Meeting - October 3, 2001 Zoning Map Amendment - Oviedo Marketplace zoning classification of Parcel 14 of the Oviedo l'vfarkctplacc DR1 from (Scminolc County) PUD to (Winter Springs) PUD, with thc following conditions: A. Parking by trucks, tractor trailcrs or similar vchiclcs shall bc Iimitcd to 72 hours. B. Outdoor sales shall not be pcrmittcd in vchiclc accommodation arcas. C. The sales of goods and lor scrvices from trucks, trailers, or similar cquipmcnt shall be prohibited. V. ATTACHMENTS A. Maps B. Legal Description C. Transmittal Lctter and Application D. (proposed) Winter Springs Development Order E. July 6, 2001 LP A Staff Report for Large Scale Comprchensive Plan Amcndmcnt 6 ATTACHMENT E CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDfLOCAL PLANNING AGENCY REGULAR MEETING OCTOBER 3,2001 I. CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, October 3, 2001, at 7:05 p.m. by Chairman Bill Fernandez in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Bill Fernandez, present Vice Chairman Tom Brown, present Board Member Brent Gregory, present Board Member Rosanne Karr, present Board Member Carl Stephens, Jr., present The Pledge of Allegiance followed. The Members of the Board discussed Agenda changes. With consensus of the Board, it was agreed that Regular Agenda Item "B" would be heard first following the Consent Agenda. II. CONSENT CONSENT A. Approval of the August 1,2001 Regular Meeting Minutes. MOTION BY BOARD MEMBER STEPHENS. "I MOTION THAT WE ACCEPT THE MINUTES." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CONSENT B. Approval of the August 7, 2001 Special Meeting Minutes. MOTION BY VICE CHAIRMAN BROWN. "I MOVE THAT WE ACCEPT THE MINUTES." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING 80ARD/LOCAL PLANNING AGENCY REGULAR !\mETING - OCTOBER 3,2001 PAGE 2 OF 10 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED AS DOCUMENTED. .:. .:. III. REGULAR REGULAR B. Oviedo Marketplace, Parcel 14 Rezoning. The Agenda Item was presented by Mr. Earnest McDonald, AICP, Advance Planning Coordinator, Community Development Department. Mr. McDonald stated, "The request is consistent with the recommendations of the Comprehensive Plan as well as the Future Use Land Map Amendment approved by both this body and the City Commission. The Development Review Committee had an opportunity to review this Preliminary Development Plan and recommends approval with the following conditions. Those conditions are as follows: that parking by trucks, tractor truck or similar larger commercial vehicles be limited to seventy-two (72) hours on site; that outdoor sales not be permitted in parking areas; and lastly that the sales of goods and lor of services from semi-trucks trailers or similar equipment be prohibited." Discussion. The Board discussed the responsibility of emergency response. Chairman Fernandez said, "My recommendation at least, whether it's in the minutes or not, should be that the City Attorney ought to look over these lnterlocal Agreements to see what our exposure is and if we have any exposure to make sure we've got enough adequate insurance to cover it and that of course there's something in those agreements that says when they're in the City of Winter Springs and one of our representatives shows up, that they've got to listen to us and they've got to take their orders from us. Because I want their policemen and their safety employees and who ever else it is - listening to our guys. And if we make a mistake we're responsible for it, but if they make a mistake and they are going against what we want, then let their insurance pick it up. In any event I think it's an issue that should be brought up and it's a legal issue and I think that ought to be addressed to the City Attorney or our City Attorneys as to those agreements and if it has not been previously addressed then it has to been addressed." Discussion ensued regarding City limit signs; and the Large Scale Plan Amendment. Tape I/Side B Ms. Carrie Hayo, Planner, 33 East Pine Street, Orlando, Florida: addressed the Board's concerns. Vice Chairman Brown stated, "I would like - there's no more than twelve (12) homes that are actually on the property if it's that many, I'd like the City to consider notifying those CITY OF WINTER SPRINGS I\HNUTES PLANNING AN)) ZONING nOAR))/I.OCAL !'LANNING AGI~NCY REGULAR I\mETING - OCTOBER 3.2001 PAGE 3 OF 10 twelve (12) people, twelve (12) homes. I don't think that's such a big thing to do when we're going to proceed with this because I'm certainly going to be looking for buffers and things of that sort no matter what's going in there unless it was going to be residential." Ms. Mayo spoke of having notified all adjacent property owners and Tuscawilla Homeowner's Associations of a Special Meeting regarding the development and no one attended. Vice Chairman Brown requested that the homeowners be notified in the future "When you do know who is going to build." MOTION BY VICE CHAIRMAN BROWN. "MR. CHAIRMAN, I'D LIKE TO MAKE A MOTION. BASED ON THE STAFF REPORT OF OCTOBER 3RD 2001 ON THE OVIEDO MARKETPLACE REZONING, THAT WE RECOMMEND TO THE CITY COMMISSION APPROVAL BASED ON THE FINDINGS WHICH IS ITEM ill. UNDER THIS REPORT AND THE STAFF RECOMMENDATION THAT THE REQUEST TO CHANGE THE ZONING CLASSIFICATION FOR PARCEL 14 OF THE OVIEDO MARKETPLACE DR! FROM SEMINOLE COUNTY PUD TO WINTER SPRINGS PUD." CHAIRMAN FERNANDEZ ASKED, "SO YOUR MOTION IS BASED ON THOSE FINDINGS THA T WE RECOMMEND TO THE CITY COMMISSION..." "RIGHT, TO THE STAFF REPORT, YES SIR." WAS SAID BY VICE CHAIRMAN BROWN. CHAIRMAN FERNANDEZ CONTINUED, "ARE THERE ANY ADDITIONAL LIMITATIONS THAT YOU WISH TO ADD TO THAT MOTION?" BOARD MEMBER GREGORY SAID, "POINT OF CLARIFICATION. ARE YOU INCLUDING THE THREE (3) RECOMMENDATIONS THAT EARNEST MADE?" VICE CHAIRMAN REPLIED, "I WOULD REQUEST THAT THEY WOULD BE ADDED TO THE FINDINGS ALSO. THA T THE FINDINGS AND YOUR RECOMMENDATION AS STATED, I LEFT OUT ALL THIS ZONING THING. IT'S UNDERSTANDABLE WITHOUT THE APPROVAL, I'M NOT GOING TO MAKE ALL OF THAT PART OF THE MOTION, BUT THAT WILL BE PART OF THE MOTION. IN OTHER WORDS, ITEM ill., THE FINDINGS PLUS THE OTHER ITEMS THAT YOU BROUGHT UP AND OF COURSE - THIS WON'T COME BACK TO US - IF DCA HAVE OTHER CHANGES, RIGHT? SHE [MS. MAYO] MENTIONED THAT THERE'D BE SOME OTHER POSSmLE CHANGES. I DON'T THINK THAT'S NECESSARY ON MY MOTION. MY MOTION IS THESE FINDINGS PLUS YOUR STATEMENTS THIS EVENING AND I RECOMMEND NUMBER IV. WHICH IS THE STAFF RECOMMENDATION WITHOUT TALKING ABOUT ALL THIS STUFF HERE AND THEN JUST GOING INTO THE APPROVAL OF THE REQUEST THAT CITY OF WINTER SPRINGS MINUTES PLANNING ANI> ZONING HOARD/LOCAL PLANNING AGENCY REGULAR rvlEETING - OCTOBER 3, 200 I PAGE 4 OF 10 THEY CHANGE THE ZONING FOR THE PARCEL." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. CHAIRMAN FERNANDEZ REITERATED, "I BELIEVE THE MOTION ]S THAT BASED ON THE STAFF'S FINDINGS UNDER ROMAN NUMERAL III.- ON PAGE FIVE (5) THAT THIS BODY IS RECOMMENDING TO THE CITY COMMISSION THAT WE APPROVE THE CHANGE OF ZONING FROM THE COUNTY ZONING OF, SEMINOLE COUNTYPUD, TO WINTER SPRINGS PUD WITH LIMITATION OF NO PARKING BY TRUCKS, TRACTORS OR OTHER SIMILAR COMMERCIAL VEHICLES, THAT]T BE L]MITED - NOT NO PARKING BUT THOSE VEHICLES BE LIMITED TO SEVENTY-TWO (72) HOURS ON SITE; THAT OUTDOOR SALES NOT BE PERMITTED IN VEHICLES IN ACCOMMODATION AREAS, AND THAT THE SALES OF GOODS AND/OR OF SERVICES FROM TRUCKS, TRAILERS OR OTHER COMMERCIAL VEHICLES SHALL BE PROHIBITED. IS THAT MY UNDERSTANDING OF THE MOTION MR. BROWN?" "EXACTLY." REPLIED VICE CHAIRMAN BROWN. CHAIRMAN FERNANDEZ ASKED, "IS THAT MY UNDERSTANDING OF YOUR SECOND MR. GREGORY?" "YES." REPLIED BOARD MEMBER GREGORY. CHAIRMAN FERNANDEZ CONTINUED, "DO YOU HAVE ANY DESIRE TO ADD OR AMEND TO IT THAT WHEN THE PRELIMINARY ENGINEERING PLANS FOR THE PUD OR SUBDIVISION PLANS COME IN THAT THE STAFF BRING TO US ANY - WHAT IS THE CITY OF WINTER SPRINGS POLICY AS IT RELATES TO THE PLACEMENT OF 'CITY LIMIT SIGNS AND AS TO THE CITY LOOKING INTO ANY LIABILITY FOR - BORROWED EMPLOYEES OF THE CITY OF OVIEDO OR SEMINOLE COUNTY ON A FrRST RESPONSE BASIS?" VICE CHAIRMAN BROWN SAID, "NO, I ASSUME THE CITY WILL BE ABLE TO HANDLE IT." CHAIRMAN FERNANDEZ SAID, "HE [MR. McDONALD] SAID HE WOULDN'T UNLESS WE REQUESTED IT. OKAY." VOTE: BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY: AYE CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 3. 200] PAGE 5 OF 10 VICE CHAIRMAN BROWN: AYE CHAIRMAN FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR A. Torcaso Park (As Presented By The Parks And Recreation Department). Mr. Chuck Pula, Parks and Recreation Department Director introduced the Agenda Item. The Board and Mr. Pula discussed the splash playground; the various types of surfaces under playgrounds; the construction of the soccer/football; and the water supply for the splash playground. MOTION BY BOARD MEMBERS STEPHENS. "I RECOMMEND THAT WE APPROVE THE TORCASO PARK EXPANSION .PROJECT TO COINCIDE WITH THE FRDAP (FLORIDA RECREA TIONAL DEVELOPMENT ASSISTANCE PROGRAM) GRANT APPLICATION." SECONDED BY VICE CHAIRMAN BROWN. DISCUSSION. VOTE: BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE MOTION CARRIED. REGULAR B. Capital Improvements. Mr. Charles Carrington, AICP, Community Development Department Director introduced the Agenda Item. Mr. Carrington informed the Board that Land Design Innovations, Inc. (with all Departments) prepared the "Draft Document". Discussion. Tape 2/Side A Mr. Pula requested that the following corrections be made: Page VI-l CITY OF WINTER SPRINGS MINUTES PLANNING ANI> ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 3, 2001 PAGE 6 OF 10 . On the line of "Neighborhood Center and Pool" remove the word "Pool" and the fund source should be CDBG/FRDAP (Community Development Block Grant/ Florida Recreational Development Assistance Program) For $700,000.00 In The FY 2004- 2005. · Under CWP and Improvements (the first one) under FY 2001-2002, $250,000.00 should be listed and under FY 2003-2004 the $2,500,000.00 should be moved to FY 2005-2006. . The second CWP and Improvements Bonds the word "Bonds" should be replaced with "Grants"; in the FY 2002-2003 column put $200,000.002; in the FY 2003-2004 column put $400,000.00; and delete $2,500,000.00 under FY 2004-2005. . "Park Land Acquisition" should be "Park Land AcquisitionlCWP Expansion and Improvements"; under Fund Source eliminate the word Grants; in the FY 2001-2002 column submit $2,950,000.00; and eliminate $1,000,000.00 under FY 2005-2006. . Change the Senior/Civic Center Improvements' amount to $500,000.00; and remove the words FRDAP Grant. . On the Torcaso Park Expansion line, remove FRDAP Grant and change $400,000.00 to $485,000.00. . Mr. Pula stated, "Then again these changes would be made also on Page VI-9 where it's basically it's a duplicate, but breaks it out into Bonds and Grants so it would still be the same changes. There wouldn't be any other changes other than what you have made. " Mr. Pula departed at 8:53 p.m. Mr. Kipton D. Lockcuff, P.E., Public Works Department Director said, "A lot of these changes are just to accurately reflect the Budget that was adopted last Monday night." . On Page VI-9, Transportation Impact Fee Fund all project should begin with 02 and not 01: and S.R. 419/434 Signal Upgrades change $175,000.00 to $215,000.00. . On page VI -10 the first project numbers should begin with "02 and not 0 I "; Bahama Road Paving project number should begin with "03 and not 02": and under One Cent Infrastructure Sales Tax, Fisher Road should be stricken and reinserted under Main Street in Transportation and the projected cost should be changed to $600,000.00. Discussion. CITY OF WINTER SPRINGS MINUTES I'LANNING ANI) ZONING nOAR))/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 3, 200 I PAGE 7 OF IO . Mr. Lockcuff recommended that Tractor/Bushhog under Local Gas Tax be completely removed; that with the removal of Tractor/Bushhog the following project numbers would change; and George Street's project number should be 02/06-0104-08. . Under One Cent Infrastructure Sales Tax, "Stamped Asphalt" should be removed. . The project number for Little Lake Howell RCP Culvert should begin with "03" and the $30,000.00 would be moved to the FY 2003-2004 column. . On Page VI-II, Little Lake Howell Box Culvert, the $126,000.00 should be under FY 2002-2003. . Gee Creek Sedimentation Pond should begin "04" and the $122,000.00 will shift to FY 2003-2004. . Mr. Lockcuff recommended that since the first two projects under Potable Water have been completed that they be removed. . On Page VI-12 the first project (Install Liner in Reject Storage Pond at WWRF) should be removed because of completion. . Reclaimed Water System - Convert Meter will become a "03" project, therefore shift $210,000.00 to FY 2002-2003. . Under Equipment, the "Sewer Cleaner", remove $100,000.00. · On the BackhoelFront Loader line, remove all of the $18,333.00. . On Page VI-13 remove the whole FY 2000-2001 column. . The Pump Replacement and Hydrant/Valve Replacement project numbers should begin with "03". . Under the Utility 2000 Construction Fund, the first 434 project should be stricken completely . The West Town Center Gravity Sewer Extension is now a FY 2001-2002 project. . The Lift Station 5E upgrade becomes an "03" project and instead of the cost being $150,000.00 it will be $50,000.00 in the FY 2002-2003 column. . $450,000.00 should be $250,000.00 under project WTP #1 Main to Tuskawilla Road- 16"/12" . CITY or WINTER SPRINGS MINUTES PLANNING ANI> ZONING ROARI>/IJOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 3,2001 rAGE 8 OF IO · The Lift Station Upgrades to Force Main project needs to be deleted. · On Page VI-14 the Reclaimed Water Augmentation Pump Station's figure should be $500,000.00; under the Utility 1997 Construction Fund the first project should be stricken; and the Utility Operations Facility should be listed as a FY 2001-2002 project. Discussion. MOTION BY VICE CHAIRMAN BROWN. "I'D LIKE TO MAKE A RECOMMENDATION THAT WE APPROVE THE CAPITAL IMPROVEMENTS PROGRAM WITH THE CHANGES TO THE COMMISSION." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. Vice Chairman Tom Brown requested that each Board Member receive updated pages of the Capital Improvements when available. Chairman Fernandez asked, "Is it part of our function - for example under the Police Budget under on Roman numeral VI-2 he's got two (2) Items here 'Headquarter Expansion' and 'Vehicle Replacement'. I personally happen to like those little radar things that they set out on the road that turn red when you go over the speed limit and so on. I think the City's got at least one (1) but I'm not sure that they have more, they've got just the one, that's what I thought. And we've got at least the east half of the city and the west half of the City and it can't be in two places at once. Is it appropriate for us as a Board to be, through you [Mr. Carrrington] I guess suggesting that maybe the Police Department consider getting more of those radar units?" Mr. Carrington replied, "I think your comment was exactly on target to consider. Make that part of your Motion if you would, that the Commission considers adding to the Capital Improvements Program either during the year 2001-2002 or 2002-2003. We won't make that change but I'll make sure that is part of the recommendation to the City Commission for consideration and if they elect to put it in whatever year and then we'll make that adaptation." CHAIRMAN FERNANDEZ ASKED, "MR. BROWN MADE THE MOTION WOULD YOU CONSIDER THAT AMENDMENT." VICE CHAIRMAN BROWN SAID, "I HAVE NO PROBLEM WITH THAT." AMENDMENT BY VICE CHAIRMAN BROWN. SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. CHAIRMAN FERNANDEZ SAID, "THE MOTION HAS BEEN AMENDED TO CAPITAL IMPROVEMENTS PROGRAM 2001-2006 INCLUDING A RECOMMENDATION THAT THE POLICE DEPARTMENT AT SOMEWHERE IN THAT FIVE (5) YEAR PERIOD CONSIDER ADDING RADAR TRAFFIC TRAILERS. " CITY OF WINTER SPRINGS MINUTES PLANNING ANI> ZONING BOARI>/LOCAL PLANNING AGENCY REGULAR MEETING - OCTOBER 3,2001 PAGE 9 OF 10 VOTE: (ON THE AMENDMENT) BOARD MEMBER BROWN: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY : AYE MOTION CARRIED. VOTE: (ON THE MAIN MOTION AS AMENDED) VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON MEMBER KARR: AYE BOARD MEMBER STEPHENS: AYE BOARD MEMBER GREGORY : AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Item was not discussed. V. REPORTS Chairman Fernandez presented a plaque to Board Member Karr for chairing the Board over the past year. VI. ADJOURNMENT MOTION BY BOARD MEMBER STEPHENS. "MOVE TO ADJOURN." SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Tape 2/Side B Chairman Fernandez adjourned the Meeting at 9:20 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING ANI> ZONING nOARI>/LOCAL PLANNING AGENCY REGULAR l\.JEETING - OCTOBER 3, 200 I PAGE 10 OF 10 RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: BILL FERNANDEZ, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY Docsl WordlBOARDSIPLANNINGlallllMINUTESl200 I 1100301 REGULAR. doc NOTE: These minutes were approved at the , 200 I Planning And Zoning Board/Local Planning Agency l\oleeting.