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HomeMy WebLinkAbout2006 02 27 Public Hearing Item 200 Oviedo Marketplace COMMISSION AGENDA ITEM 200 February 27.2006 Meeting Public Hearing X MGR./DEPT. Authorization REQUEST: The Community Development Department - Planning Division requests that the City Commission hold a Public Hearing to consider a Notification of Proposed Change (NOPC) to Parcel 14 of the Oviedo Marketplace Development of Regional Impact (DRI) by The Viera Company. PURPOSE: The Oviedo Marketplace DRI (formerly Oviedo Crossing and DLI Properties) is under three jurisdictions: Seminole County, City of Oviedo, and the City of Winter Springs. The only portion of the DRI within the City of Winter Springs is Parcel 14. The approved development program for Oviedo Marketplace allows residential use within the DRI, although it is not a use currently specified for Parcel 14. The NOPC seeks to convert 29,000 SF of the 160,000 SF total retail use allocated to this parcel into 132 residential units. The proposed change does not require an amendment to the Winter Springs Comprehensive Plan. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 380.06 Developments of RC2ional Impact (19) Substantial Deviations (0 (relates to the rules for submittal of proposed changes to a previously approved DRI). Florida Statute 380.06(19)(04 (The regional land planning agency shall advise the local government in writing whether it objects to the proposed change and the reasons for its objection if any.) Florida Statute 380.06(19)(05 (The local government holds a public hearing and determines whether the proposed change requires further development of regional review based on the criteria in 380.06(19)(a) - (e).) Florida Statute 380.06(19)(06 If the local government determines that the proposed change does not require further development-of-regional-impact review and is otherwise approved.. .the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change. . . Winter Sprin2s Section 20-57. Duties; general. The planning and zoning board shall serve as the planning and zoning commission. It shall be the duty of the planning and zoning board to recommend to the city commission the boundaries of the various original zoning ~. February 27, 2006 Public Hearing Item 200 districts and appropriate regulations to be enforced therein and any proposed amendments thereto and shall collect data and keep itself informed as to the best practices generally in effect in the matter of city planning and zoning to segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. The board shall recommend the boundaries of districts and appropriate regulations. In addition thereto, the planning and zoning board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state and the boar d shall commence such duties on the adoption of the comprehensive plan by the city commission. 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- DR! 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- LP A 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 date certain (Feb. 1,2006) the LP A public hearing. Jan. 4. 2006- LP A hearing postponed to date certain- Feb. 1, 2006. Feb. L 2006- LPA heard the request for amending the DR! 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. Page 2 February 27, 2006 Public Hearing Item 200 CONSIDERATIONS: Applicant - Carey Hayo, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (agent for The Viera Company); M. Rebecca Furman, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., (legal counsel) Owner- Stephen L. Johnson, President, The Viera Company; 7380 Murrell Road, Suite 201; Viera, Florida 32940 Location - Parcel 14 (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 Acreae:e- 49.5 acres, more or less. Site Information - The property (Parcel 14) is part of the Oviedo Marketplace Development of Regional Impact and was formerly known as Oviedo Crossing and DLI Properties. It is a mixed use development consisting of approximately 431.2 acres. The DR! 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 DR! 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 DR! within the City of Winter Springs is Parcel 14. The Oviedo Marketplace DR! is also in the Dovera Community Development District. Parcel 14 compliments and provides a transition between the mall and the adjacent residential neighborhoods. Parcel 14 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 and an existing settlement agreement on the DR! reduces the developable acreage from 49.5 acres to 15.1 acres. Existing Land Uses - The Winter Springs portion (Parcel 14) is included in Phase 3 and is still undeveloped. Adjacent existing land uses, zoning and FLUM designations include the following: . Existing Land l Sl'S Zoning FLl \1 Subject Sites Undeveloped PUD (WS) PUD (WS) Mixed Use (WS) North Single Family Residential Low Density Residential (WS) South East West Medical Offices PUD (SC) PD (SC) Hospital/Office; Retail/Office; PUD (OV) & PD (OV) & HIPD (SC) Single Family Residential R-IA (SC) Low Density Residential SC (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Page 3 February 27, 2006 Public Hearing Item 200 Development Trends - The majority of the DR! is built-out. The build-out date has been extended for Phase 3 (by Seminole County and Oviedo) from 2005 to 2007. Existing Winter Springs DR! Development Order - Parcel 14 is currently designated as retail/office, with a build out date of December 31, 2005. Of the 49.5 acres, only 15.1 are developable. Oviedo and Seminole County DR! Development Orders - Each were amended during 2005, extending the build out date to late 2007. Additionally, The Oviedo DR! 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. Reouested NOPC to the DR! Development Order: The applicant proposes to amend the DR! 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. LetterslPhone Calls In Favor Or Opposition - None Facilities and Services Mitigation for all traffic impacts through the current 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. 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). Seminole County currently provides water and sanitary sewer to Oviedo Marketplace and is anticipated to be the provider of these services to Parcel 14 as well. The addition of 132 townhomes to the parcel will cause an increase in water usage of approximately 0.0413 MGD and an increase in wastewater usage of approximately 0.0367 MGD as identified in the NOPC submittal materials. The County has indicated that there is sufficient capacity to serve the development without lowering the County's adopted level of service. Although 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, there are no utility easements from Duncan Drive (Tuscawilla Unit 7) to the property to give access. . 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 Page 4 February 27, 2006 Public Hearing Item 200 on Red Bug Road. The closest Winter Springs Fire Station is Station 26 on Northern Way in Tuscawilla. Compatibility with Environmental Regulations At this time there are no concerns regarding compliance with environmental regulations. Compatibility with Surrounding Development The proposed development is compatible with surrounding uses, given the Amended Settlement Agreement and DR! 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 anyone type of land use will be permitted to dominate the site [Future Land Use Element, Policy 4.2.1]). The Mixed Use designation allows a maximum density of 12.0 dwelling units per acre and a 1.0 floor area ratio. DRI Notice of Proposed Change Determination of Substantial Deviation: Section 380.06(19)(Substantial Deviations), Florida Statutes, provides in relevant part, that any change to a previously approved DR! development which creates a reasonable likelihood of additional regional impact shall constitute a substantial deviation and shall cause the development to be subject to further development-of-regional-impact review. Section 380.06(19)(c), Florida Statutes, provides that than an extension of the date of build-out of five (5) years or more but less than seven (7) years shall be presumed not to create a substantial deviation. (This presumption may be rebutted by clear and convincing evidence at the public hearing). The approval date of the current Winter Springs' DR! Development Order for the Oviedo Marketplace was November 12, 2001. The applicant is seeking to extend the build-out date from December 31, 2005 to December 30, 2007. This proposed build-out date does not exceed the seven (7) year provision of the Florida Statutes. In addition, the East Central Florida Regional Planning Council (ECFRPC) has opined that this change would not result in an automatic substantial deviation determination under the statute, and did not recommend that the proposal be submitted for additional regional review. The applicant is also requesting to add townhouses to the equivalency matrix. The equivalency matrix allows conversion of uses based on PM Peak Hour Peak directional trip generation and assures equivalent traffic impact when allowed uses are converted. The applicant is also requesting the conversion of 29,000 square feet of retail allocation into 132 owner-occupied residential units. The conversion to townhouse use accompanies a simultaneous and equivalent decrease in retail use and will not cause any net increase in total traffic generation by phase or at build out. An analysis of the potential impacts to water, sewer, solid waste, transportation and schools were included in the application. The proposed change would cause an increase in water usage of approximately 0.0413 MGD and an increase in wastewater usage of approximately 0.0367 MGD. There would be a decrease in solid waste production by approximately 2.3 CY/Day or .1 Tons/Day. The change would cause no increase in traffic generation by phase or at build out and actually reduces the PM Peak-Hour Trips by a nominal amount. The change would cause an increase of 30 students to the existing school population. The schools identified to absorb the enrollment are already over capacity. Half of the students are expected to be at the Page 5 February 27, 2006 Public Hearing Item 200 elementary level. The Applicant has indicated that they have agreed (and the Seminole County School Board has accepted) to pay an additional fee per unit beyond the required impact fee to compensate for any possible reduction in level of service. This analysis demonstrates that these changes would not generate any additional regional impacts or types of regional impact not previously reviewed by the East Central Regional Planning Council. On December 15, 2005 the East Central Florida Regional Planning Council (ECFRPC) issued a letter regarding the Notice of Proposed Change (NOPC). The letter referred to comments made by the Florida Department of Transportation (FOOT), including that the developer ensure that the units would be owner occupied. The applicant has responded to the FOOT's concerns and DCA has withdrawn their objection. Staff has made the following fmdings: FINDINGS: 1. The proposed change to the Oviedo Marketplace DRl Development Order (Development Order) is compatible with environmental regulations; 2. The proposed change to the Development Order is compatible with surrounding development; 3. The proposed change to the Development Order is compatible with the City's Comprehensive Plan; 4. The proposed change to the Development Order (as required under 9J-5.0055), ensures that the new development will not result in a reduction in the level of service below the City's adopted level of service standards; 5. The applicant is not proposing a build out greater than seven (7) years beyond 2000, which is the base date of the current substantial deviation development order for this development; 6. Although the State of Florida Department of Community Affairs originally objected to the proposed change based on the comments from the ECFRPC and FOOT, the applicant has provided additional information which has addressed all agency concerns and the DCA has withdrawn their objection (see attached letter from the DCA); and 7. The East Central Florida Regional Planning Council has determined (see attached letter, dated December 15, 2005) that the changes do not result in an automatic substantial deviation determination pursuant to the threshold criteria of section 380.06(19), Florida Statutes. And that these changes are not expected to cause new or increased impacts to regional resources or facilities when considered independently or cumulatively with prior project changes. Therefore additional regional review is not required. Page 6 February 27, 2006 Public Hearing Item 200 PLANNING AND ZONING BOARD RECOMMENDATION: At its regular meeting on February I, 2006, the Planning and Zoning Board made a motion to recommend Approval which failed 2-2. Subsequently, a motion was made to recommend Denial which also failed 2-2. [The minutes are attached for your review.] Primary issues of concern related to additional townhome development and the resulting school impact, as well as some environmental concerns. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing and Approve the First Amendment to the Winter Springs' DRI Development Order for Oviedo Marketplace (formerly Oviedo Crossing) with Finding that the DRI Notice of Proposed Change (NOPC) is not a substantial deviation and that no additional DRI review is required. IMPLEMENTATION SCHEDULE: Feb. 16, 2006- Public Noticing in Orlando Sentinel of Public Hearing for DRI NOPC Feb. 27,2006- Commission consideration of the Oviedo Marketplace DRI NOPC ATTACHMENTS: A- Correspondence: · East Central Florida Regional Planning Council letter of November 2,2005 · East Central Florida Regional Planning Council letter of December 15, 2005 · Dept. of Community Affairs letter of December 16, 2005 with attachments (FDOT, Seminole County) noting objections from FDOT · Seminole County School Board email of January 3, 2006 · Glatting Jackson letter of response of January 4,2006 to DCA · E-mail indicating objections have been satisfied, January 13,2006 B- Future Land Use Map and Zoning Map C- P&Z/LPA Minutes from Feb. 1,2006 D- Noticing to ECFRPC and Ads in Orlando Sentinel E- Oviedo Marketplace DRI NOPC Submittal (including First Amendment to the DR! Development Order Application and Justification for Request) COMMISSION ACTION: Page 7 East Central Florida REGIONAL PLANNING C O U N C I L ATTACHMENT A MEMORANDUM TO: DRI Reviewers Jon Weiss, FOOT wlo enc. Stephanie Vena"FOOT Dan Matthys, Seminole County Eloise Sahlstrom, City of Winter Springs, wlo enc Bryan Cobb, City of Oviedo Bret Blackadar, Seminole County James Stansbury, FDCA w/oenc. GlendlS Clements, Seminole County Schools Fadlities FROM: Fred Milch, AICP DATE: November 2, 2005 SUB: Proposed Change to Oviedo Marketplace/NOPC# 5416 Jurisdiction: City of Winter Springs We have received the attached Notice of a Proposed Change to the above referenced Development of Regional Impact. The City of Winter Springs has received the same material directly from the applicant. The ECFRPC and the Florida Department of Community Affairs must have written comments to the local government of jurisdiction within 45 days of our receipt of this NOPC. Therefore, your timely review of this project Is essential and appreciated. It may be helpful if the lines of communication are kept open during this tlmeframe In order to clarify any issues regarding this change proposal. Please review this proposal for any concerns or Informational needs that your agency may have and transmit your comments to us in writing by Monday, November 28, 2005. Your comments are important in determining whether the change should be examined in greater detail and If the chang~ should be determined to be a substantial deviation of the development order by the local government. We also request that the City of Winter Springs Planning Department notify us when a public hearing date forthe project is set. Per 380.06(19)(f) 3-4, F.S. 1996, this hearing should be set no sooner than 30 days but no later than 45 days after submittal of this NOPe request and the notice needs to give 15 days notice of the hearing date. The public hearing date must oCcur within 60 days after NOPC submittal, unless a time frame extension is agreed to by the applicant. Your response to us should be directed to Mr. Jeff Jones at the above address. Please send a copy of your comments to DCA and the City of Winter Springs: James Stansbury FDCA 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Eloise Sahlstrom City of Winter Springs 1126 E. SR 434 Winter Springs, FL 32708 Thank you for your assistance in making this a thorough and expeditious review. c: Carey Hayo, Glattlng Jackson Steve Johnson, The Viera Company George Kramer, Glatting Jackson December 15, 2005 Eas Central Florida REGIONAL PLANNING C O U N C I L Ms. Eloise Sahlstrom City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708 RE: Oviedo Marketplace Notification of a Proposed Change (NOPC) ECFRPC # 5416 Jurisdiction: City of Winter Springs We have reviewed the Oviedo Marketplace NOCP which we received on November 2, 2005 and it is our understanding that the following changes are proposed: . 1. Add Townhouse to the equivalency matrix. . 2. Convert 131.000 square feet of retail to townhouses on Parcel 14, the only parcel in the City of Winter Springs. 3. Extend the bulldout date from 12131/05 to 12130107, an extension to two years, less one day. We offer the following comments regarding these proposed changes: A. The addition of the townhouse use to the matrix should not increase the external peak hour directional trip ends. However we have received a letter from the Florida Department of Transportation (FDOT) which indicates there are some problems not only with the specific rate used for this proposed conversion, but that there are errors in the existing conversion matrix for the project. Regarding the specific rate for the townhouse conversion, it was assumed that the Townhomes would be owned by individual residents, and if this is the case,there would be no problem. However, if the units will be rental apartments, then the rate should be changed to reflectthe higher rate for rental apartments. Please see the additional comments from the FDOT regarding the remainder of the equivalency matrix. If the city were to allow other conversions. then these errors must be addressed and corrected. B. The bulldout date extension is addressed in Section 380.06(19) (c), F.S., An extension of the date of buildout of a development, or any phase thereof, by 7 or more years shall be presumed to create a substaritial deviation subject to further development-of- regional-impact review. An extension of the date of buildout, .ecfrpc.org paper or any phase thereof. of 5 years or more but less than 7 years shall be presumed not to create a substantial deviation. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of less than 5 years is not a substantial deviation. For the purpose of calculating when a buildout, phase or termination date has been exceeded. the time shall be tolled during the pendency of administrative or judicial proceedings relating to development permits. Any extension of the buildout date of a project or a phase lhereof shall automatically extend the commencement date of the project, the termination date of the development order. the expiration date of the development of regional impact. and the phases thereof by a like period of time. Since this extension is for 7 years, less one day, the extension is presumed not to create additional regional impacts. We do not have a problem with this extension, particularly since it is bringing the CitY of Winter Springs Development Order in line with those in the City of Oviedo and Seminole County. In conclusion. it is our opinion that these proposed changes. with the suggested changes and recommendations contained above. do not result in an automatic substantial deviation determination pursuant to the threshold criteria of section 380.06(19), Florida Statutes. These changes are not expected to cause new or increased impacts to regional resources or facilities when considered independently or cumulatively with prior project changes. We therefore do not recommend that this proposal be submitted for additional regional review by this agency. H you have any questions or if we can be of further assistance, please call Fred Milch at 407/623-1075. We appreciate the opportunity to comment on this NOPC. Sincerely, Jeffrey Jones Acting Executive Director c: James Stansbury, FDCA Stephanie Vena. FDOT Jon Weiss. FDOT Steve Johnson, The Viera Co. John Moore, GlattingJackson Brett Blackadar. Seminole County Public Works Debbie Pierre, Oviedo Planning Department Carey Hayo. Glatting Jackson George Kramer, Glatting Jackson John Baker, City of Winter Springs 2 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor THADDEUS L. COHEN, AlA Secretary December 16, 2005 RECEIVED DEC 22 2005 City of Winter Springs Community Development Ms. Eloise Sahlstrom, AICP, ASLA City of Winter Springs 1126 E. SR 434 Winter Springs, Florida 32708 RE: NOPC for Oviedo Marketplace DRI, File No. ADA-0689-004 Dear Ms. Sahlstrom: The Department received a Notification of Proposed Change (NOPe) to the Oviedo Marketplace Development of Regional Impact (DRI) on November 7, 2005, from Ms. Carey Hayo, authorized representative of The Viera Company. The applicant proposes to amend the DRI development order as follows: (1) add townhouse to the equivalency matrix; (2) convert 131,000 square feet of retail to townhouses on Parcel 14; and (3) extend the buildout date from 12/31/05 to 12/30/07, an extension of two years, less one day. The East Central Florida Regional Planning Council (ECFRPC) and Florida Department of Transportation (FOOl) have raised concerns regarding the NOPC. Please see the enclosed comments from the review agencies. Based on the review of the proposed changes by the ECFRPC and FOOT, the Department objects to the proposed changes. The Department reconunends the applicant coordinate with the ECFRPC and FOOT to address all agency concerns. If additional information is provided to adequately address the objection, the Department will reconsider its position. If you have any questions concerning this matter, please call Scott Rogers, Principal Planner, at (850)922-1809. JS/sr cc: Fred Milch, DRI Coordinator, ECFRPC John Weiss, FDOT Carey Hayo, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.07811Suncom 291.0781 Inlernet address: htlD:llwww.dca.stale.fl.us CRITICAl. STATE CONCERN FIELD OFFICE 2796 Overseas Highway Suite 212 Marathan. Fl 33050-2227 (305)289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard 0ak Boulevard Tallahassee, Fl32399-2100 (850)413-9989 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 JEB BUSH GOVERNOR Florida Department of Transportation DENVER J. STUTLER, JR SECRETARY Intermodal Systems Development 133 South Semoran Boulevard Orlando, FL 32801 November 28, 2005 Mr. Jeff Jones, Acting Executive Director East Central Florida Regional Planning Council 631 North Wymore Road, Suite 100 Maitland. Florida 32751-4246 SUBJECT: LOCAL GOVERNMENT: ECFRPC REFERENCE NUMBER: OVIEDO MARKETPLACE DRI, COMMENTS ON NOPC CITY OF WINTER SPRINGS 5416 Dear Mr. Jones: The Department of Transportation has completed its review of the Oviedo Marketplace DRI, Comments on NOPC, dated November 2005. Please find our enclosed comments for your consideration. We appreciate the opportunity to participate in this review process and if you have any questions. please contact me at your earliest convenience at 407-482-7881 or Suncom: 335- 7881 or email ation.weiss@dot.state.f1.us Sincerely, Jon V. Weiss, P.E. Growth Management Coordinator Attachment C: James Stansbury, DCA Eloise Sahlstrom, City of Winter Springs Fred Milch, ECFRPC Clif Tate. Kimrey-Horn Brad Choi, Kimley-Horn Florida Department of Transportation Intennodal Systems Development Technical Applications Section Page 1 of 2 DEVELOPMENT OF REGIONAL IMPACT REVIEW FORM DRI NAME: SUBJECT: LOCAL GOV'T./JURISDICTION: ECFRPC IDENTIFICATION #: REVIEW COMMENTS DEADLINE: lODAY'S DATE: OVIEDO MARKETPLACE DRI COMMENTS ON NOPC, DATED OCTOBER 28, 2005 WINTER SPRINGS NOPC# 5416 NOVEMBER 28, 2005 NOVEMBER 28, 2005 Comment Page(s) General Areas Specific Review Comment(s) Number of Concern 1 Page 3 Missing Information The NOPC does not include the required Substantial Deviation Determination Chart. The chart should identify the proposed change, the original plan, and previous development order changes and date of change. Please provide the chart in the specified format per FORM-RPM- BSP-PROPCHANTE-1 2 Exhibit 4, Type of proposed The applicant has based their calculation on ITE Land Use Code 230 page 4 residential (Residential CondominiumlTownhouse) instead of ITE Land Use development Code 220 (Apartment). If the proposed residential units will be owned by the individual residents, it will be appropriate to use the Townhouse trip generation rate. If the residential units are to be rental units, the trip generation should be based on Apartments. Recognizing that the Townhouse trip generation rate is lower than the Apartment trip generation rate, if the applicant cannot commit to the residential units being individually owned, the calculation should be based on Apartments. The Summary of Land Use contained in the City of Winter Springs should include a footnote to clarify that the 132 residential units will be individually owned and will not be rental apartments. FDOT Contact: Telephone: Fax E-mail Stephanie Vena 407-482-7887 407-275-4188 sleohanie.vena@dotslate.n us Reviewed By: Company: Telephone: Email: Clif Tate. P.E. Kimley-Hom & Associates 407-898-1511 clif.tate@kimley-hom.com Florlda Department of Transportation Intermodal Systems Development Technical Applications Section Page 2 of 2 DEVELOPMENT OF REGIONAL IMPACT REVIEW FORM DRI NAME: SUBJECT: LOCAL GOV'T./JURISDICTION: ECFRPC IDENTIFICATION #: REVIEW COMMENTS DEADLINE: TODAY'S DATE: OVIEDO MARKETPLACE DRI COMMENTS ON NOPC, DATED OCTOBER 28, 2005 WINTER SPRINGS NOPC# 5416 NOVEMBER 28, 2005 NOVEMBER 28, 2005 Comment Page(s) General Areas Specific Review Comment(s) Number of Concern 3 Exhibit 4, Equivalency Matrix The applicant is proposing to change the Equivalency Matrix and add page 5 several land uses, including Medical Office, Sil"!gle Family, and Townhouse, ACLF and Movie Theater. Exhibit C There appears to be errors in the Equivalency Matrix which result in unacceptable trade-offs in land uses. The errors come from inaccurate values in the PM Peak-Hour Peak-Direction table located below the Equivalency Matrix. The rate for Office (50-99 KSF) appears to be low. It should be greater than the rate for Office (100- 199 KSF), not less. The rate for Medical Office appears to be very low. It appears that the rate is for inbound trips when it should be for outbound trips. These errors result in inaccurate equivalencies in the matrix. For example, The matrix will allow the conversion of 1 KSF of Office (50-99 KSF) to 5.09 KSF Medical Office. This is not an equivalent trade-off. Additional detail describing the proposed ACLF should be provided to justify the proposed trip rate. The applicant appears to be using ITE Land Use Code 253, Congregate Care Facility (which is for individual dwelling units), instead of other similar land uses which are quantified by the number of beds provided. Therefore, the amended development order should specify that ACLF identified in the equivalency matrix only applies to a land use consistent with that described for Land Use Code 253 in the ITE Trip Generation, th Edition. The Equivalency Matrix should be corrected and more detail should be added to describe the ACLF use. FOOT Contact: Telephone: Fax. E-mail Stephanie Vena 407-462-7867 407-275-4188 steohanie vena@dot.state.f1.us Reviewed By: Company: Telephone: Email: Clif Tate. P.E. Kimley-Hom & Associates 407-898-1511 c1if.tate@kimlev-horn.com PLANNING AND DEVELOPMENT DEPARTMENT PLANNING DIVISION VIA Email 28 November 2005 Mr. Fred Milch East Central Florida Regional Planning Council 631 North Wymore Road Suite 100 Maitland, Florida 32751 Subject: Oviedo Marketplace DRI NOPC (ECFRPC #5416) Dear Mr. Milch: We understand Winter Springs is requesting an NOPC to amend the City's portion of the Oviedo Marketplace DRI Development Order to extend the buildout date through 2007, and to include residential as an allowable use within Parcel 14 of DRI Map H. We do not have any comments regarding the subject NOpe. If you have any questions, please contact me at 407-665-7936. Sincerely, Tony Matthews Principal Planner TM:tm Carey Hayo, Glatting Jackson James Stansbury, Department of Community Affairs Eloise Sahlstrom, City of Winter Springs 1:\pl\projects\developlT'ents of regional impact\oviedo marketplace\fred milch.11_28_05.doc 1101 EAST FIRST STREET SANFORD Fl32771.1468 TElEPHONE (407) 665-7371, (407)665-7444 FAX (407) 665-7385 Eloise Sahlstrom From: Sent: To: Cc: Subject: Furman. Rebecca [rebecca.furman@lowndes-law.com] Wednesday, January 04, 2006 1 0:30 AM Eloise Sahlstrom Raphael F. Hanley; Carey Hayo; George Kramer FW: Oviedo Marketplace School Projections Eloise, Below please find the response from the School Board with respect to the proposed townhomes for the OViedo Marketplace DRI. Please let me know if you have any questions. Becky -----Original Message----- From: Scott_Stegall@scps.k12.fl.us [mailto:Scott_Stegall@scps.k12.fl.us] Sent: Tuesday, January 03, 2006 5:08 PM To: Furman, Rebecca Cc: Glenda_Clements@scps.k12.fl.uSi George_Kosmac@scps.k12.fl.us Subject: RE: OViedo Marketplace School projections Rebecca, I hope you had an enjoyable holiday and I apologize for the delay in response with the district office having been closed last week. I do not see any reason why the same mitigation proposal in excess of adopted public school impact fees cannot be accepted by the school district for your Winter Springs DR! application. Based upon the proposed 132 multi-family units and the mitigation model, the amount calculated would be $163,084.68. As you've noted, this would be in addition to the estimated public school impact fees in the amount of $84,348. As I will be away from the office the remainder of the week, please feel free to contact George Kosmac at 407-320-0071 if you have any further questions. Thank you. Scott Scott Stegall, mailto:scott_stegall@scps.k12.fl.us Seminole County Public Schools 400 East Lake Mary Blvd. Sanford, FL 32773 407-320-0072 Fax 407-320-0292 -----Original Message----- From: rebecca.furman [mailto:rebecca.furman@lowndes-law.com] Sent: Tuesday, December 27, 2005 2:08 PM To: Scott Stegall Cc: GKrameri CHayoi rfh; Hal.Kantor Subject: FW: OViedo Marketplace School Projections Scott, I represent the Developer with respect to the above referenced project consisting of approximately 130 multi-family residential units. I understand, pursuant to the attached, that the schools for which the property is zoned are above their permanent capacity. We discussed this project, along with the townhomes in OViedo, several months ago. At that time we agreed to pay a mitigation amount in addition to the school impact fees and are doing so for the approved project in Oviedo. My assumption is that the offer is still available for the Winter Springs site also. Please let me know. Becky Furman M. Rebecca Furman 1 Jack F. Glatting, Founder WilliamJ. AngIin.Jr. David L. Barth Gregory A. BryIa Frances E. Chandler-Marino Charles P. Cobble Jay H. Emm Carey S. Hayo Jay R. Hood Timothy T.Jaclaoo William C. Kercher, Jr. Walter M. KuIash BrentA. Lacy Sharon K. Lamantia Ian M. Lockwood Thomas J. McMacken,Jr. John H. Percy Troy P. Russ Peter C. Sechler Donald G. Wishart Geoffrey L. Allen Charles M. Atkins Dan B. Burden Karen T. Campblin Nate L. Clair David R. Claus ToddD. Clemenes MichaeI R. Cochran A. Blake Drury Douglas V. Gaines John T. Griffin III Michael D. Green Bruce C. Hall David M. Hoppes Patricia Sepulveda-Hurd Gail D. Lacey Laurence V. Lewis Jane Lim- Yap William D. Lira Kok Wan Mah Jeffrey F. Manuel EdwardJ. McKinney Randall S. Mejeur Douglas A. Meteger Balraj N. Mohabeer John J. Moore III Paul J. Moore Jonathan M. Mugmon Karen D. Nelson Kathleen S. O'Sullivan Kelley Samuels Peterman Andrea D. Peterson Heather J. Phiel Mary Taylor Raulenon Nancy M. Roberts Tara L. Salmieri Craig A. Shadrix Andrew B. Shepphard Mike P. Sobczak Jeff M. Sugar Paul A. Taylor Ronald L. Urbaniak Gary B. Warner JosephJ. Webb John Paul Weesner Community Planning & Design 33 East Pine Street Orlando, Florida 32801 P: 407 843 6552 P: 407 839 1789 www.glatting.com Atlanta * Orlando West Palm Beach GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART' January 4,2006 RECEIVED JAN 10 2005 City of Winer Springs Community Development Mr. Jon V. Weiss, P.E. Florida Department of Transportation Intermodal Systems Development 133 South Semoran Boulevard Orlando, Florida 32801 Dear Mr. Weiss, This letter is to address your review comments for the Oviedo Marketplace DR! NOpe dated November 28, 2005. Please see our responses to the comments below. FDOT Comment: The applicant has based their calculation on ITE Land Use Code 230 (residential Condominium/Townhouse) instead of ITE Land Use code 220 (Apartment). If the proposed residential units will be owned by the individual residents, it will be appropriate to use the townhouse trip generation rate. If the residential units are to be rental units, the trip generation should be based on Apartments. Recognizing that Townhouse generation rate is lower than the Apartment trip generation rate, if the applicant cannot commit to the residential units being individually owned, the calculation should be based on Apartments. The Summary of Land Use contained in the City of Winter Springs should include a footnote to clarify that the 132 residential units will be individually owned and will not be rental apartments. RespoDse: The proposed 132 residential units are to be individually owned and will Dot be for-rent units. FDOT Comment: The applicant is proposing to change the Equivalency Matrix and add several land uses, including Medical Office, Single Family, Townhouse, ACLF and Movie Theater. There appears to be e"ors in the Equivalency Matrix which result in unacceptable trade-offs in land uses. The errors come from inaccurate values in the PM Peak-Hour Peak-Direction table located below the Equivalency Matrix. The rate for Office (50-99 KSF) appears to be low. It should be greater than the rate for Office (100-199 KSF), not less. The rate for Medical Office appears to be very low. It appears that the rate is for inbound trips when it should be for outbound trips. These errors result in inaccurate equivalencies in the Office (50- 99 KSF) to 5.09 KSF Medical Office. This is not an equivalent trade-off. Additional detail describing the proposed AC~F should be provided to justify the trip rate. The applicant appears to be using ITE Land Use Code 253, Congregate Care facility (which is for individual dwelling units), instead of other similar land uses which are quantified by the number of beds provided. Therefore the amended development order should specify that ACLF identified in the equivalency matrix only applies to a land use consistent with that describedfor Land Use Code 253 in the ITE Trip Generation, 1h Edition. The Equivalency Matrix should be corrected and more detail should be added to describe the ACLF use. Response: The rate for Office (50-99 KSF) has been changed to 1.80IKSF. The rate for Medical Office has been changed to 2.71S6/KSF. The ACLF rate has been changed to Assisted Living (ITE Code 254.) A revised equivalency matrix reflecting the aforementioned changes is attached herein. We are scheduled for a public hearing on this matter on February I, 2006. If this information satisfies FDOT's concerns, we respectfully request that you notify James Stansbury at DCA in writing by January 13th and copy all appropriate parties included on this correspondence. Thank you in advance for your timely assistance in this matter and please give me a call should you have any questions. Fred Milch, ECFRPC Eloise Sahlstrom, City of Winter Springs James Stansbury, DCA Stephanie Vena, FDOT Cliff Tate, Kimley Horn Raphael Hanley, The Viera Company Carey Hayo, Glatting Jackson Brent Lacy, Glatting Jackson John Moore, Glatting Jackson Rebecca Furman, LDDKR EXHIBIT C Oviedo Marketplace DRI Equlvlency Matrix From: Stephanie. Vena@dot.state.f1.us [mailto:Stephanie. Vena@dot.state.f1.us] Sent: Friday, January 13, 2006 9:43 AM To: George Kramer; james.stansbury@dca.state.f1.us Cc: fmilch@ecfrpc.org; Jon.Weiss@dot.state.f1.us; c1if.tate@kimley-horn.com; Brent Lacy; Carey Hayo; John Moore; brad.choi@kimley-horn.com; rebeccaJurman@lowndes-law.com; esahlstrom@winterspringsfl.org Subject: FDOT Response to Comments - Oviedo Marketplace NOPe George/James: We have reviewed the responses to the Oviedo Marketplace DRI NOpe comments dated January 4, 2006 and found the following two issues: - In the response to the second comment, the applicant stated that the rate for Office (50-99 KSF) has been changed to 1.80/KSF. However, the table still shows a rate of 1.1813 for Office (50-99 KSF) while the rate for Office (O-49 KSF) is now 1.80 instead of the previous 3.56. This seems to be a data entry error. The rate for Office (O-49 KSF) should be 3.56 and that for Office (50-99 KSF) should be 1.80. - The applicant used a rate of 2.7156/KSF for Medical Office which seems high. It appears that the applicant has used the total trip generation instead of just the peak direction (outbound) to generate this rate. The correct rate should be around 1.9/KSF. Thank you, Stephanie A. Vena D5 - Intermodal Systems Development Florida Department of Transportation p 407.482.7887 sc 335.7887 From: "John Moore" <JMoore@Glatting.com> Sent: Friday, January 13, 2006 11:17 AM To: Stephanie. Vena@dot.state.f1.us [mailto:Stephanie. Vena@dot.state.f1.us] Subject: Fw: FOOT Response to Comments - Oviedo Marketplace NOPe You are correct, were entered the 1.80 on the wrong line. This has been corrected. The medical office was based on the average rate for the PM peak-hour from ITE (3.72) multiplied by 73% (peak-direction percentage) to arrive at 2.7156. The matrix has been revised and is attached. Please call to advise if you are ok with these revisions or if you have further questions/comments. Thanks, John J. Moore III Senior Transportation Planner Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 E. Pine Street Orlando, Florida 32801 Phone 407-843-6552 F}0( 407-839-1789 jmoore@glatting.com Exhibit "C" Oviedo Marketplace DRI Equlvalency Matrix From: Stephanie. Vena@dot.state.f1.us [mailto:Stephanie. Vena@dot.state.f1.us] Sent: Friday, January 13, 2006 11:17 AM To: Choi, Brad; Tate, Clif Subject: Fw: FOOT Response to Comments - Oviedo Marketplace NOPe Review and let me know asap if everything is good to go.... Stephanie A. Vena D5 - Intermodal Systems Development Florida Department of Transportation p 407.482.7887 sc 335.7887 From: Stephanie. Vena lO>.dot. state. fl. us Sent: Friday, January 13, 2006 11:34 AM To: "John Moore" <JMoore@Glatting.com> Subject: FW: RE: FDOT Response to Comments - Oviedo Marketplace NOPC From: <Brad.Choi@kimley-horn.com> Sent: Friday, January 13, 2006 11:33 AM To: <Stephanie. Vena@dot.state.fl.us>. <Clif. T ate@kimley-hom.com> Subject: RE: FOOT Response to Comments - Oviedo Marketplace NOPe Yes Stephanie. The table looks good. Brad KIMlEY-HORN AND ASSOCIATES, INC. Brad Chai, E.I. suite 200, 3660 maguire boulevard orlando, florida 32803 tel 407.898.1511 dir 407.427.1612 fax 407.894.4791 brad. choi@kimlev-horn.com www.kimlev-horn.com February 27, 2006 Public Hearing Item 200 ATTACHMENT B FUTURE LAND USE MAP-FEB 2006 ZONING MAP. FEB. 2006 LAND USE CLASSIFICATION LEGEND SUBJECT PROPERTY Page 11 February 27, 2006 Public Hearing Item 200 ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 1,2006 I. CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, February 1, 2006, was called to order at 7:01 p.m. by Vice Chairperson Linda Tillis in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, absent Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member William H. Poe, present Board Member Ned Voska, present After a moment of silence, Board Member William H. Poe led the Pledge of Allegiance. PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. None Page 12 February 27, 2006 Public Hearing Item 200 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests That The Local Planning Agency Hold A Public Hearing To Consider A Notification Of Proposed Change (NOPC) To Parcel 14 Of The Oviedo Marketplace Development Of Regional Impact (ORI) By The Viera Company. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and said, "Staff does support this Request. We believe that it is in Compliance - that it is not a substantial deviation and that no additional DRl (Development of Regional Impact) review is required." Mr. George Kramer, Planner, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., 33 East Pine Street, Orlando, Florida: spoke regarding this parcel of property. Board Member Poe asked, "Based upon the number of residential units - is that going to put it as a high density medium - or low density residential?" Ms. Sahlstrom said, "The Mixed Use Future Land Use (FLU) Designation stipulates how many units can be put in per square acre - and I believe that is ten (10). I would have to check that." Mr. George Kosmac, Deputy Superintendent, Seminole County School Board, 400 East Lake Mary Boulevard, Sanford, Florida: Mr. Kosmac distributed a "School Capacity Analysis" Report for discussion. Mr. Kosmac said, "We were approached by [Ms.] Rebecca Furman [Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A.] - the attorney for [The] Viera [Company] with an offer to provide some mitigation for the situation we have with the 'Over Capacity'. They have agreed to provide a donation to handle this mitigation and that would obviously be used to handle portables or bus transportation - for this particular development." Vice Chairperson Tillis opened the "Public Input" portion of this Agenda Item. Mr. Brian Caukin, 902 Kerwood Circle, Oviedo, Florida: spoke regarding getting clarification of the building site and was opposed to this Agenda Item. Mr. Eric Bagwell, 1133 Duncan Drive, Winter Springs, Florida: spoke of his concerns regarding wetlands, schools, and wildlife. Also noted his concerns about drainage. Mr. Bagwell displayed a Satellite picture of the area for viewing. Mr. Raphael (Raph) F. Hanley, Associate Division Counsel, The Viera Company, 7380 Murrell Road, Suite 201, Viera, Florida: stated that "Whatever goes in here will be Fee Simple ownership either condo [minium] or townhome. It will not be apartments." Mr. Hanley said, "It probably would end up being gated. It is not going to be a low-end product." Page 13 February 27, 2006 Public Hearing Item 200 Reiterating a few other items, Mr. Kramer pointed out, "These are going to be Fee Simple units- there generally is a lower student generation rate on Fee Simple versus rental that is not necessarily reflected in the school generation rates." Mr. Kramer said, "We did meet as was discussed with School Board Staff to discuss capacity mitigation funding. The number that was developed between School Board Staff and our Attorney was One Thousand Two Hundred and Fifty Two Dollars ($1,252.00) per unit." Tape l/Side B Regarding the environmental aspects, Mr. Kramer said, "There are species in this Habitat. We recognize that." Mr. Kramer added, "Any Development - would need an updated Master Plan through the PUD [Planned Unit Development] process and additional Site Plan approval." Vice Chairperson Tillis closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL OF WINTER SPRINGS FIRST AMENDMENT TO THE DRI [DEVELOPMENT OF REGIONAL IMPACT) DEVELOPMENT ORDER FOR OVIEDO MARKETPLACE FORMERLY OVIEDO CROSSING TO THE CITY COMMISSION WITH FINDING THAT THE DRI [DEVELOPMENT OF REGIONAL IMPACT) NOTICE OF PROPOSED CHANGE [NOPC) IS NOT A SUBSTANTIAL DEVIATION THAT NO ADDITIONAL DRI [DEVELOPMENT OF REGIONAL IMPACT) REVIEW IS REQUIRED. RECOMMEND APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER POE: AYE BOARDMEMBERBROWN: NAY MOTION DID NOT CARRY. VICE CHAIRPERSON TILLIS SAID, "THAT MOTION DOES NOT CARRY. ARE THERE ANY OTHER MOTIONS? THEN I WOULD LIKE TO PROPOSE ONE MYSELF." "I WOULD LIKE TO MOVE THAT THE PLANNING AND ZONING BOARD RECOMMEND THAT THE COMMISSION DO NOT APPROVE THIS CHANGE TO PARCEL 14 IN THE OVIEDO MARKETPLACE DRI [DEVELOPMENT OF REGIONAL IMPACT)." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: NAY Page 14 February 27, 2006 Public Hearing Item 200 BOARD MEMBER VOSKA: NAY MOTION DID NOT CARRY. "I CAN MAKE A MOTION THAT WE WOULD 'TABLE' THIS UNTIL WE RECEIVE SIMILAR INFORMATION ON THE PROJECTION OF THE 2.25 [SCHOOL RATIO) BASED ON THE HOMES THAT HAVE NOT COME IN FRONT OF US - TOWN CENTER HOMES AND THE OTHER HOMES THAT HAVE COME IN FRONT OF US - WE HAVE GOT THE SITE GOING IN NEXT TO THE WINTER SPRINGS GOLF COURSE, WE GOT A PROPOSED SITE THAT IS COMING UP - COMMISSION MEETING, THAT IS TOWN CENTER WHERE THE FIRST BAPTIST CHURCH IS, THEY WANT TO PUT IN CONDOS THERE ALSO RIGHT WHERE THE ECKERDS WAS ACROSS THE STREET. THEY GOT 400 GOING BEHIND MC DONALDS. THEY GOT TWO HUNDRED - ACROSS THE STREET AND THEN THEY GOT ANOTHER 180 ON THE OTHER SIDE OF THE BRIDGE AND I WOULD LIKE TO SEE WHERE ALL THOSE CHILDREN ARE GOING TO GO TO SCHOOL." MOTION BY BOARD MEMBER BROWN. MOTION FAILED FOR LACK OF A SECOND. Discussion. Ms. Sahlstrom said, "I believe that the City Commission does need to take it forward at this point." Ms. Sahlstrom added, "I think it is appropriate for this Board to address the Commission or to put into writing - their objections to the proposed change and the reasons for those objections." Ms. Sahlstrom stated, "I would highly recommend that you attend the Meeting of the Commission so that you can address - as to what your concerns were." Discussion. As suggested, Vice Chairperson Tillis stated, "We will either be III attendance for the Commission Meeting or submit our concerns in writing." Page 15 February 27, 2006 Public Hearing Item 200 ATTACHMENT D Noticing CITV OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WI"lTER SPRI~GS, FL 32708 407-327-5967 FAXA07-327-6695 .January 5. 2006 Mr. Fred Milch East Central Florida RPC 631 North Wyman Road Suite 100 Maitland, Florida 32751 Subject: Oviedo Marketplaco- DRI Nope ECFRPC #5416 Dear Mr. Milch: This letter will senle as a REVISED notice of Public Hearings to be held related to the Oviedo Marketplace DRI NOPC: The Winter Springs Local Planning Agency held a Public Hearing on January 4, 2006, at which time the item was postponed to date certain for February 1, 2006, preserving the advertising. Therefore. the Winter Springs Local Planning Agency will hold a Public Hearing and make recommendation on the subject NOPC to the City Commission: February 1, 2006 7:00 PM or soon thereafter City Hall, Commission Chambers 1126 E. SR 434 Winter Springs, Florida 32708 The Winter Springs' City Commission will conduct a Public Hearing on the subject NOPC February 27.2006 6:30 PM or soon thereafter Page 16 February 27, 2006 Public Hearing Item 200 City Hall. Commission Chambers 1126 E. SR 434 Winter Springs, Florida 32708 The City Commission Agenda and Agenda Item will be posted website at http://www. winterspringsfl.org/mayorcommission.html If you have any questions, please give me a call at 407-327-5967 Sincerely. Eloise Sahlstrom Sr. Planner Carey Hayo, Authorized Agent. Glatttng Jackson George Kramer, Glatting Jackson Raphael Hanley. Applicant. The Viera Company Rebecca Furman, Lowndes Drosdick Doster Kantor & Reed James Stansbury, Florida Dcpt of Community Affairs Jon V. Weis~, PE , Florida Dept of Transportation Debra PIerre, City of Oviedo Planning Division Tony Mathews, Seminole County Planning Division Anthony Garganese. Winter Springs City Attorney Page 17 February 27, 2006 Public Hearing Item 200 - NOTICE OF PROPOSED CHANGE TO THE OVIEDO MARKETPLACE DEVELOPMENT OF REGIONAL IMPACT PARCEL 14 CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT TtE CITY COMMISSION OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT. FIRST AMENDMENT TO THE DEVELOPMENT ORDER FOR OVIEDO MARKETPLACE PARCEL 14 (FORMERLY OVIEDO CROSSING) WITH THE FINDING THAT THE DEVELDPMENT OF REGIONAL IMPACT (DRI) NOTICE OF PROPOSED CHANGE (NOPC) IS NOT A SUBSTANTIAl DEVIATION AND THAT NO ADDITIONAL DRI REVIEW IS REQUIRED. THE AMENDMENT INCLUDES THE FOLLOWING CHANGES: 1- ADD TOWNHOUSE USE TO THE EQUIVALENCY MATRIX; 2- ADD RESIDENTIAL AS AN ALLOWED USE AND CONVERT 29.000 SF OF RETAIL TO 132 RESIDENTIAL UNITS; AND 3- EXTEND THE BUlLD-OUT. . DATE TO DECEMBER 30, 2007. PUBLIC HEARING WILL BE HELD ON MONDAY, FEBRUARY 27, 2006 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed amendment may be obtained by interested parties between 8 a.m. and 5 p.rn.. Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs. Florida. For more information. CaII (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800. #236. This is a public hearing. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed amendment.If you decide to appeal any recommemdation of decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Page 18 Oviedo marketplace DRI NOPC City of Winter Springs Submitted: November 2005 Jack F. GIatting, Founder William J. Anglin, Jr. DJvid L. Barth Gregory A. Bryla Frances E. Chandler-Marino CharIe- P. Cobble Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher,Jr. Walter M. Kulash Brent A. Lacy Sharon K. Lamamia Thomas J. McMacken, Jr. John H. Percy John F. Rinehart Troy P. Russ Pete C. Sechler Dan E. Burden KJren T. Campblin Nate L. Clair David R. Claus Todd D. Clements Michael R. Cochran Tin.l L. Demo~[cnc A. Blake Drury Christi B. Elflein Douglas V. Gaines John T. Griffin III Bruce C. Hall Jonathan W. Hoffman David M. Hoppes Patricia Sepulveda-Hurd Gail D. Lacey William D. Lites Ian M. Lockwood Kok WJn Mah Jeffrey F. MJnuel Edward J. McKinney Randall S. Mejeur DouglJS A. Metzger JohnJ. Moore III Balraj N. Mohabeer Jonathan M. Mugmon Karen D. Nelson Kathleen S. O'Sullivan Kelley Samuels Peterman Heather J. Phie\ MJry Taylor Raulerson Nancy M. Roberts Tara L. Salmieri Andrew B. Sheppard Mike P. Sobczak Jeff M. Sugar Ronald L. Urbaniak G. Wade Walker Gary E. Warner John Paul Weesner Donald G. Wishart 33 East Pine Street Orlando, Florida 3280 I P: 407 843 6552 F: 407 839 1789 www.glatting.com GLATTING JACKS ON KERCHER ANGLIN LOPEZ RINEHART November 2, 2005 Via Hand Delivery Ms. Eloise Sahlstrom, AICP, ASLA City of Winter Springs 1126 E. State Road 434 Winter Springs, Florida 32708 Re: Oviedo Marketplace DRI, Notice of Proposed Change GJ Project #18237 Dear Ms. Sahlstrom: On behalf of The Viera Company, we are pleased to submit this Notice of Proposed Change for the Oviedo Marketplace DRI in Winter Springs, Florida. Enclosed are twenty (20) copies of the application and a review fee check for $1,500. The purpose of this amendment is to allow residential development on Parcel 14 and extend the existing buildout date. Additional information concerning the project is contained in the enclosed application package. We look forward to your review comments. Please feel free to call if there are any questions. Thank you. Sincerely, George M. Kramer Encl. cc: Fred Milch Raphael Hanley Carey Hayo Rick Merkel Rebecca Furman P:\18118237 - Winter Springs 2004 NOPCINOPCIFINAL NOPClcover letter. doc Table of Contents Application Exhibit 1 - Legal Description Exhibit 2 - Description of Proposed Change Jurisdiction Map & Aerial Exhibit 3 - Map H Exhibit 4 - Development Order and Exhibits Exhibit 5 - Water, Sewer, and Solid Waste Projections Exhibit 6 - Transportation Analysis Exhibit 7 - School Impact Analysis FORM RPM-BSP-PROPCHANGE-l STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DR! be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Carey S. Hayo. Principal of. Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. , the undersigned owner/authorized representative of The Viera Company , hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Oviedo Marketplace DR! (formerly Oviedo Crossing and DLI Properties) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification 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. IO-28-05 (Date) Carey S. Hayo (Signature) Oviedo Marketplace DRI/City of Winter Springs November 2005 Applicationfor NOPC 1 2. Applicant (name, address, phone). The Viera Company 7380 Murrell Road, Suite 201 Viera, Florida 32940 (321) 242-1200 Contact: Mr. Raphael Hanley 3. Authorized Agent (name, address, phone). Carey S. Hayo Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 33 East Pine Street Orlando, Florida 32801 (407) 843-6552 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. The DR! is located in Seminole County, the City of Oviedo and the City of Winter Springs. The proposed change is located in the City of Winter Springs. The DR! is located in portions of Sections 16, 17 and 20, Township 21 South, Range 31 East. The legal description is attached as composite Exhibit 1. An aerial photograph is also attached showing the site. 5. Provide a complete description ofthe proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Please see Exhibit 2, Description of Proposed Change. Exhibit 3 is Map H as proposed for this amendment. The draft amended and restated Development Order is included as Exhibit 4 of this document. Exhibit 5 provides an analysis of water, sewer and solid waste projections. Exhibit 6 is a supporting traffic analysis for the proposed change. A School Impact Analysis is included as Exhibit 7. Oviedo Marketplace DRl/City of Winter Springs November 2005 Applicationfor NOPC 2 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. Please see Exhibit 2. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description ofthe previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion ofthe development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Jurisdiction Amendment # Date Resolution # Seminole County Application for July 15, 1988; Not Applicable Development October 3, 1988; Approval December 12, 1988 Seminole County DRI Development March 10, 1990 March 20, 1990 Order (2162/1612) Seminole County Amendment #1 (DRI June 02, 1993 June 30, 1993 Development Order) (2608/117) Seminole County Substantial Deviation September 12,1995 October 27, 1995 Development Order (2985/1730) City of Oviedo Substantial Deviation June 03, 1996 September 18, 1996 Development Order (3131/1610) City of Oviedo Amendment #1 (First December 01, 1997 February 13, 1998 Amended & (3370/1449) Restated) Seminole County Amendment #1 (First December 16,1997 February 11, 1998 Amended and (3369/1077) Restated) Seminole County Amendment #2 August 31,1998. October 15, 1998 (Second Amended (3516/1672) and Restated) City of Oviedo Amendment #2 June 19, 2000 February 12, 2001 (Second Amended & (4006/670) Restated) City of Oviedo Amendment #3 November 27,2000 June 22, 2001 (Third Amended & (4108/1281 ) Restated) Oviedo Marketplace DRI/City o/Winter Springs November 2005 Application/or NOPC 3 Seminole County Amendment #3 May 07, 2001 May 11, 2001 (Third Amended & (4075/0478) Restated) City of Winter DRI Development November 12, 2001 January 17, 2002 Springs Order (4298/1855) City of Oviedo Amendment #4 May 20, 2002 October 25, 2002 (Fourth Amended & (4571/1283) Restated) Seminole County Amendment #4 July 26, 2005 August11,2005 (Fourth Amended & Restated) City of Oviedo Amendment #5 September 19, 2005 Not yet recorded (Fifth Amended & Restated) 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y2 mile on a project master site plan or other map. No additional lands have been purchased or optioned within 1/4 mile of the DR! site. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2, F.S. YES NO X 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new build out or phasing dates. Via this NOPC the applicant is requesting an extension of the buildout date through 2007. Since a majority ofthe development is already built out and this extension is cumulatively 7 years or less, this is assumed to be a non-substantial change (in accordance with Ch. 380.06 (18).) 11. Will the proposed change require an amendment to the local government comprehensive plan? No, this proposed change will not require an amendment to the local government comprehensive plan Oviedo Marketplace DRI/City of Winter Springs November 2005 Application for NOPC 4 Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. A revised Master Development Plan (Map H) is attached as Exhibit 3. Currently retail/office use is allowed on Parcel 14. It is proposed to add Residential as an allowed use on Map H to Parcel 14. The Land Use Summary Charts on Map H are updated to include the new unit allocations for this parcel. All associated changes are clarified in Exhibit 2 of this document. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for the annual report, . including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. Please refer to the proposed First Amendment to Fourth Development Order for Oviedo Marketplace, Exhibit 4. Oviedo Marketplace DR//City of Winter Springs November 2005 Applicationfor NOPC 5 Distribution List: City of Winter Springs (20 copies) Florida Dept. of Community Affairs (6 copies) East Central Florida Regional Planning Council (2 copies) The Viera Company (5 copies) Lowndes Drosdick Doster Kantor & Reed (3 copies) Professional Engineering Consultants P:\/8\18237 - WINTER SPRINGS 2004 NOPC\NOPC\FlNAL NOPC\NOPC\WINTERSPRINGS-NOPC.DOC LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTlON 17, TOWNSHIP 21 SOUTH, RANGE 31 EAST DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 12, OVIEDO CROSSING - PHASE 1 B, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGES 80, 81, 82. AND 83 OF THE PUBLIC. RECORDS OF SEMINOLE COUNTY, AS THE POINT OF. BEGINING; THENCE RUN THE FOLLOWING COURSES ALONG THE NORTH LINE OF SAID LOT 12; NORTH 72 46 44 WEST, 53.0s 1'"=1; SOUTrI 63005-'12- WEST, '61.20 r:ET; 5ql:Trl 53050'30" EAST, 4.2.S r=I;"SOUTH 16"Q8.'S8" ~-r.r is.SS.tt=I; SOlJ1ri36"Q3'21" EAST, 19.28 FEET~. SOUTH '6006"18~ ~, taTS. F:Ef; SCUT.-i 17013'24" EAST, 23.03 FEET;.SOuTrl 520~z5;> 'N.ESJ, 2.4..8.& 1"':::1; S.OUTH ES039'4Z- WEST, 22.9.1 FEET; SOUTH 4QoSf'22" WES"Ji.,.1g.za FEET; SO\JTH 14041'S4~ WEST, :39.45 r-=.I; SOUTrl 070'28'1'1- wesr, .53.00 1"'=.1; SOUTH 0305.4.'47 EAST, 17.7;3 1'"=1; SOUTH 04"32'01- WEST. 32-26 ~-J:I; SOUTH 10023'42" EASr, 27.27 1-=1; SOUTH 2; 025'56'" EAST, 25..94 r=EE!; SOUTH 57"4'3"53" EAST, 26.73 FEE"; SOI:J11i 22030"24.- CAST, 30.0.2 1""=1; SOUTH 17"32'14" WEST, 34.51 FEET; SOUTH 12"~ca- WEST.. 35.~1 FET; SOUTH. 20039-55" EAST., 50.30 FEET;' SOlmi 14047"38- WEST, 33.Q1' FEET; SOLIni 38046"47- wErr, 36.55 F.:ET; SOUTIi 63023'30- WEST. 30.77 1"'=1.; SOUTH 83013"35" WEST, 31.96 FEET;. NOErni 8302.5"48- WEST. 29..09 FET; SOIJTri 86"46"10" WEST, , T22-80 'Fi3:T; Nontli ai0J3'l r" WEST, 45.57 ......~I; SClITli 69~5. wEsT, 21.26 1"'=.; NORijt. 87 "32'4&" WEST, t4&.71 FEET; THeK:E.. D5' AiIT"tNG SAID NOR.TH UNE OF toT 12. RUN NORi;H 57.024'04" EAST, 29.61 "=1; Tli8;iCE RUN _N.CRTrl. 000';7'25" EAST, 434.40 ......-=1 TO A C'.JR'IE ~liicAVE NCRTI;SlY; Th'ENCE RUN W=IEnlY Aa.~D 'THEN NORTri~:u..y ALC."~ SAID CURVE. HAVING A RAQI~S .~GTrl OF 750.00 r--J:1, A C3lT:'-.)J. ANGI...: or: 138048-'54-, AN ARC 13.'GTH OF ta17...G9.n:E7, A OiOCID ~GTri OF r404.15 1"'=1, AND A C-iCno ~"!lG OF NORTIi 19-"15'44" \V-:Si; Tr!eiCE Rb"N NORtH' 43050"01- Ek::.-:r, 4i3..3.0 .-=1 ,0 iHE SO(]'j;-tEi1.Y l:ll-I.E OF ~W.u.A 1.rr-.1T 7, ACCCROlt>JG To;)- THE Pl...A.T TIO..EnECf, AS r:t=~F.CE)."lN PlA, BCO.J< 2.2. PAGES 48 AND 4-7 OF 11iE ?t:EI.;C RECORCS CF SEMll'.JCtl: COt.'NTY.. FLORlDA;" rf!ENCE aUN. ALONG TJ-l.E. SCli'i1iE=lLY IJNE Ot:.SAlO 11.lS<A.WiU.A UNiT 7; sOtmi 700Qo-29~ EAST, SS4.2i .;::EEj TO To-i: SOlIT"riEA..c:'T eORNS OF SAID" ?tAT; 'i'HENc:E Rt;"N SCt;Tri 01007''52" :AST, 31S.02 ;:s:r; THENCERl.'N SQIJ'Tl;. 89~7'40-- ~I, 52f)~75 1"'=1; Tri~ RUN SqUTri 14032'19" EA";)I, lS-S1 c=l; iHS\I€E RUN scurrl 71-L<1.10" EAST, 164.74 F:ET TO A ?OINT ON lHE WC...;)--rE:;LY FJGhT-CF-WA'f OF TrlE PROPCSEU eVEO CROSSING T:?RACE:; T-r'.a<<:E RUN ALONG SAID rnOPOSEJ WEST RIGhT-OF-WAY UNE TrlE ;:CUO~G COllRSES: sourrl 550'15'44- .WET, 200.22 r-:::T TO A CURVE CCNCAVE SOlTt"riEASTE?i.Y; IHENc;' R~ SOUTH'NESTERLY ALONG SAID .CURVE HA'tlNG A RAC1US LENGTrI OF 950.00 r=I, A cENTRAL ANGLE. OF 19,006"05-, AN ARC LENGiH Oe: 316.71 r--:I, A CHORD LENGiH OF 3i5.25 1-=1, AMO A CHORD EEARi....,G OF SOUTrl 45042'4' ":WEST; THENCE RUN SOUTH 350~39. WS'i, 275.09 n=r TO A CURVE CONCAVE SCUTI!EASiELY.~ T~ENc::E.. RUN SCUTr!WES"T";:!LY' ALONG SAID CURVE HAVING A BADIUS l.SGTH OF 800.00 ~= I , A CS'fT"RAL AbiGLE . or: 17043'35", A:i.AAC.L.ENG"i'H OF 243..57 ~-=I. A CHORD l..3lGTIi CF 247.fi7 . H::C". , AND A OiORD SEAffiNG or: SCUTri i'1.oJ5~22- '/IlE.:)-r TO T:~ Ai=ORSAID NORTHEAST CORNER OF LOT 12 A..'JD" TI-:'"E. POlNT OF :a:=iNNING. THE ABOVE DESCRIBED TRACT OF LAND USE IN SEMINOLE COUNTY, FLORIDA AND CONTAlNS. 49.551 ACRES, MORE OR LESS. EXHIBIT 2 DESCRIPTION OF PROPOSED CHANGE History The Oviedo Marketplace DR!, formerly known as Oviedo Crossing and DLI Properties, is a multi-use development consisting of approximately 431.2 acres. The DR!, which is located in Seminole County at the intersection of the Central Florida Greenway 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. Since portions of the property have been annexed into the City of Oviedo and the City of Winter Springs, the DR! is located in three (3) local jurisdictions; The City of Oviedo annexed 22.7 acres on November 9, 1994, and 195.9 acres between 1995 and 1996. The City of Winter Springs annexed 49.6 acres on March 5,1996. Accordingly, 163 acres of the project remain in unincorporated Seminole County. Separate DR! Development Orders exist for the project in each of the three jurisdictions. The DR! Development Orders in Seminole County and the City of Oviedo have been amended to include a buildout date of December 30, 2007. The City of Winter Springs currently has a buildout date of2005. Introduction An aerial photograph IS included showing the Oviedo Marketplace project and surrounding development. Also included is a map showing the local jurisdictional boundaries of the City of Oviedo, the City of Winter Springs, and Seminole County. This NOPC is for Parcel 14, which is located in the City of Winter Springs. The approved development program for Oviedo Marketplace allows residential use within the DR!, although it is not a use currently specified for Parcel 14. This NOPC seeks to convert 29,000 square feet of the retail use allocated to this Parcel into 132 residential units as detailed below. As the project has progressed, it has become increasingly evident that Parcel 14 (located at the north end of Oviedo Marketplace Boulevard) is not well suited for commercial or office development. The visibility of the Parcel from Oviedo Marketplace Boulevard is extremely limited and the Parcel's irregular shape reduces its marketability for non- residential uses. In addition, the setback and buffer requirements placed on the Parcel effectively preclude the development of the Parcel into a viable sole commercial use. Parcel 14 is adjacent to the rear of a number of existing single family residences. Development of Parcel 14 as mixed-use to include residential use will allow a transition between the existing single family homes and the commercial uses on the south side of Oviedo Marketplace Boulevard. Several builders have expressed interest in this Parcel and this has led The Viera Company to pursue this Notice of Proposed Change to allow Oviedo Marketplace DRI/City of Winter Springs October 2005 NOPC Page 2-1 additional residential units within the City of Winter Springs portion of The Oviedo Marketplace DR!. Proposed Changes 1. Add Townhouse use to the Equivalency Matrix. This NOPC seeks to add townhouse use to the currently approved Equivalency Matrix to allow the conversion of retail and office uses to residential uses. The Equivalency Matrix allows conversion of uses based on PM Peak-Hour Peak- Directional trip generation and assures equivalent traffic impact when allowed uses are converted. 2. Parcel 14: Add Residential as an allowed use and convert 29,000 square feet of Retail to 132 Residential Units. The applicant seeks to convert 29,000 square feet of retail allocations into 132 residential units on Parcel 14 within the City of Winter Springs. This change will cause no net increase in total traffic trip generation by phase or at buildout. City of Winter Springs Parcel 14 Land Use Allocation Commercial (SF) 160,000 - 29,000 Residential (DU) + 132 131,000 132 (1) Change in land use has equal trip generation, based on PM Peak Hour, 7th Edition, ITE Trip Generation Manual The conversion to townhouse use in Parcel 14 accompanies a simultaneous and equivalent decrease in retail use (based on PM Peak-hour Peak-Directional trip generation.) 3. Extend the Buildout Date At this time, Parcel 14 remains undeveloped. It is unlikely that building permits will be issued for the parcel prior to December 31, 2005- the current buildout date. Therefore, the applicant requests to extend the buildout date to December 30,2007. Oviedo Marketplace DRl/City of Winter Springs October 2005 NOPC Page 2-2 Mitigation for all traffic impacts through the current buildout date have been completed either by the developer or by associated jurisdictions as part of their past or current work programs. Summary No changes were made to the overall developable acreage, open space or wetlands of this project. A thorough analysis has been completed to analyze the potential impacts of the proposed changes. They are included in this application as: . Exhibit 5: Water, Sewer and Solid Waste . Exhibit 6: Transportation . Exhibit 7: School Impact These analyses demonstrate that these changes would not generate any additional regional impacts or type of regional impact not previously reviewed by the East Central Florida Regional Planning Council. Oviedo Marketplace DRI/City of Winter Springs October 2005 NOPC Page 2-3 Oviedo Marketplace DRI Date Flown: November 2003 GJ # 18236 \ January 2005 Oviedo marketplace Local Jurisdictional Boundaries Revised August 2005 Exhibit B Land Use By Phase THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURN Rebecca Furman, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, FL 32802-2809 (407) 843-4600 CITY OF WINTER SPRINGS FIRST AMENDMENT TO THE DRI DEVELOPMENT ORDER FOR OVIEDO MARKETPLACE (FORMERLY KNOWN AS OVIEDO CROSSING) WHEREAS, DLI Properties, Inc., a Florida corporation, filed an original Application for Development Approval entitled the "DLI Properties ADA" dated July 15, 1988 and additional information dated October 3, 1988 and December 12, 1988 (hereinafter together referred to as the "Original ADA") with Seminole County; and WHEREAS, Seminole County (hereinafter sometimes referred to as the "County") issued a development order in connection with the Original ADA dated March 10, 1990, and recorded March 20, 1990, in Official Records Book 2162, Page 1612, Public Records of Seminole County, Florida (hereinafter referred to as the "Original Development Order"); and WHEREAS, the Project as described in the Original ADA was modified in connection with the filing of a Notification of Proposed Change in 1993 and pursuant to which the County issued the First Amendment to Development Order dated June 2, 1993 and recorded June 30, 1993 in Official Records Book 2608, Page 117, Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment"); and WHEREAS, the Original Development Order and the First Amendment shall be jointly referred to as the "First Development Order;" and WHEREAS, the First Development Order set forth certain conditions with respect to the development of certain property in Seminole County as described therein (hereinafter referred to as the "Seminole County Property"); and WHEREAS, the First Development Order contemplated that the Seminole County Property would be developed into a mixed use project as contemplated in the Original ADA (which, as modified herein shall hereinafter be referred to as the "Oviedo Marketplace Project" or the "Project"); and WHEREAS, The Viera Company, a Florida corporation (hereinafter referred to as the "Developer") whose address is 7380 Murrell Road, Suite 201 Viera, Florida 32940 is the successor in interest to DLI Properties, Inc. and had the authority to and did seek a substantial deviation of the First Development Order with respect to the Project on the Seminole County Property, all in accordance with Section 380.06(19), Florida Statutes; and WHEREAS, the County issued a Substantial Deviation Development Order for Oviedo Crossing dated September 1995 and recorded October 27, 1995 in Official Records Book 2985, Page 1730, as amended and superceded pursuant to that certain First Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated December 16, 1997 and recorded February 11, 1998 in Official Records Book 3369, Page 1077, as further amended and superceded pursuant to that certain Second Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated August 31, 1998 and recorded October 15, 1998 in Official Records Book 3516, Page 1672, as further amended and superceded pursuant to that certain Third Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated May 7, 2001 and recorded May 11,2001 in Official Records Book 4075, Page 0478, all of the Public Records of Seminole County, Florida (hereinafter referred to as the "County Substantial Deviation Development Order"); and WHEREAS, subsequently, the Developer annexed a portion of the Project into the City of Winter Springs; and WHEREAS, in accordance with Section 380.06(15)(h), Florida Statutes, in May, 2001 the Developer filed the County Substantial Deviation Development Order for approval by the City of Winter Springs; and WHEREAS, with respect to that portion of the Project annexed in to the City of Winter Springs, the City of Winter Springs issued that certain City of Winter Springs DRI Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated November 12, 2001 and recorded January 17, 2002 in Official Records Book 4298, Page 1855 of the Public Records of Seminole County, Florida (the "Winter Springs DO"); and WHEREAS, the Developer in November 2005 filed a Notification of Proposed Change to a Previously Approved Development of Regional Impact with respect to the Project on the Property in accordance with Section 380.06(19), Florida Statutes, for the purpose of, among other things: (a) changing the build out date of Phase III; (b) including residential units on Parcel 14; and (c) reducing the amount of retail; and WHEREAS, the City of Winter Springs has reviewed the Developer's request and finds that the extension of the build out dates is not a substantial deviation under the criteria set forth in Section 380.06(19), Florida Statutes; and WHEREAS, the City of Winter Springs has reviewed the Developer's request and finds that the inclusion of residential units is not a substantial deviation under the criteria set forth in - 2 - Section 380.06(19), Florida Statutes, and the statutory presumption has been rebutted by the information submitted in support of the NOPC; and NOW, THEREFORE, IT IS HEREBY ORDERED AND RESOLVED by the City that 1. The Project's Summary of Approved/Proposed Development as found in Section II, paragraph 15 of the Winter Springs DO shall be deleted and replaced with the following: Retail Services 316,400 SF 4.1 386 Office 79,000 SF 7.5 300 Hospital (4) o to 120 Beds 240 Residential 316 DU 34.9 N/A Note: (1) Includes a hospital related wellness center. (2) Includes, but not limited to, Office, Clinical Facilities, and up to 120-bed Hospital. (3) Phase 2 includes a Regional Shopping Center with approximately 1,200,000 SF of gross leasable area. This is approximately equivalent to 1,450,000 SF of gross floor area. A . portion of the Regional Shopping Center may include a multi-screen movie theater. (4) The hospital structure for 120 beds may contain approximately 170,000 square feet. The 120- bed hospital may be exchanged with office/clinical use in Phase 2 based upon traffic impact with a like amount of development transferred into Phase 3. - 3 - 0009771 \1 03718\829957\2 Retail Services/Office Office Hospital/Office 1,835,597 SF 205,800 SF 104,981 SF o to 120 Beds 316 DU 135.4 20.4 15.6 34.9 48.6 9,886 600 650 240 89.3 20.2 36.0 30.8 431.2 11,376 The dates reflected in the above tables extend the build out date of Phase 3 by two (2) years, any dates in the Winter Springs DO shall be deemed to conform, including but not limited to those dates found in Section IV, paragraphs 12 and 15. 2. The Project's Summary of Land Use contained in the City of Winter Springs as found in Section II, paragraph 16 shall be deleted and replaced with the following: Retail/Office 131,000 SF 14 15.1 655 Residential 132 units Open Space - Upland Conservation 5.2 Open Space - Wetland Conservation 29.2 Total :l: 49.51 131,000 SF 655 132 units Notes: 1 Parcel acres shown are approximate and, during final planning and platting, parcel size may vary -4- Source: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., July 1999. 3. Exhibit "C" of the Winter Springs DO, the Equivalency Matrix, shall be deleted in its entirety and replaced with the following Exhibit "C" attached hereto. 4. The Winter Springs DO shall continue in full force and effect as heretofore except as expressly amended hereby. of ADOPTED and approved subject to the conditions set forth herein on this day of ,2005 by the City Council of the City of Winter Springs, Florida. - 5 - ATTEST: CITY COUNCIL OF CITY OF WINTER SPRINGS, FLORIDA By: Name: By: Its: City Clerk Date: For the use and reliance of Winter Springs City As authorized for execution by the City Council only. Approved as to form and legal Council, City of Winter Springs, at their sufficiency. ,2005 regular meeting. City Attorney / / / - 6- Exhibit "A" LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTION 17, TOWNSHIP 21 SOUTH RANGE 31 EAST DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTrlEAST CORNEr! OF LOT 12; OVIEDO CROSSiNG . PHASE' la, ACCORDING. TO THE ?tAT THEr!EOF AS RECCRDED IN i"'..AT BOOK 47, PAGES SO, al, 82. At'IJD a:3 OF THE pueuc. RECOP.cS OF SEMINOLE COUNTY. AS r.":.E. POINT OF. BEGINNING: THENCE RUN THE FOLLOWING COURSES .ALONG TFiE NORTH UNE. CF SAiD l.o:r 1..2: NORi'H 72 046~44" WC..ST, 63.0s 1"'=:1; SOUTH 63"05-'12" WESr, '61.20 rEEl; SOLiTH 53050'30" EAST, 4..2..S r=i; .SOUTH 16008-'58'" ~-r.r 2s.S5. ~I; SClJ1H '36003'21" EAST, 19..28 FEET;..SOtJTH 16"Os.-1.a~ WEST, ta:.Hi. F.:ET; SOUTH 17013'24" EAST, 23,03 FEET; SOU11i 520~zS7 vEsr, 24.8.& 1":::1; SOU'IH S5"39'42" WEST, 22.91 FEET;' SOUTH 4Q05f'2r WESlt,.1lJ-2S -FEET; S'Ou"TH 14041'54:" WEST, 39.45 r-=.I; SOUT" 070"28''''" WEST, .53.00 1"c:.J; sourri 030!W4T EAST, 17.73 r==l; SOUTH 04"32'01" WEST.. 32..2"6 1"'--t:1; SOUTH 10023'42" EASr, 27.27 1'"=1; SOUI1i 21025'50- EAST, 25..94 r=.t.; SOlfrri 57'"13'53" EAST. 26.73 FEET; SCIJTH 22030"24" EAST, 30.0-2 H:l:I; SOlJiH 17"32'i~" WEST, 34.51 FEET; SOlJTH 12"34"'ca- WEST.. 35..~1 FET; SOlfrri 20039-55" &;Sr., 50.30 FEET;' SCu:rH 14047"38" WEST, 33.01' FEET; scurti 38046"4T wEsT, 36.55 F.:ET; SOUTIi 69023'30" WEST. 30.77 1"'-"':1.: SOUIH 83013'35" WEST, 31.96 F.:ET;. NOErrH 83026'48" WEST, 2.9...09 F.::T; SOlmi 86"46"10" WEST, , T22..80 'RET; NOFmi aio33'lT- wesT, 45.57 t"'-~I: SOUTH 69~5-.WEsT., 21..26 1"= f; NORTH. 87 "32'4&" WEST, \4-&71 FEET: THeK:E. DE?An.ILNG SAID NORTH UNE OF toT '12. RUN NORi;H 57.0'2.4'04" EAST, 29.01 M:::I: THE.iCE RUN . NCRTH' 00047'25" EAST, 4g4.40 F!:ET TO A CUi{'JE ccliiCAiIE NORTHERlY; niENCE Rlu"i W:::.lcnl.Y A..~D "THEN NORTriELY ~ SAm C1..'RVE. HAVING A RArlI~S .L.:NGTrl OF 75Q.OO 1-"::1, A C3f'i':""'\Al. ANGL..: OF 138048-'"54", AN ARC LENGTH OF la17.G9.r=J.. A OiOftD lE'CGTrf OF T4C4.15 1-=1, AND A C":.DRD E~"!lG Of NOR11i 19'"15'44" \V'":Si; TrlENCE Rb"N NC!U:-i. 43050'01" E.4..::l-:r, 413.30 r=1 TO THE SOtrrrl:S1..Y I:.m.c OF nisCAW.uA I..'NIT 7, ACCCRDING m"THE P\..A.T no.EMECF, AS R:~F.CED..lN PLAT BCO.l< 22. PAGES 46 AND 47 .OF THE pt.rs.;c RECCf\l:4S CF SEM1l'../OtE COUN"(Y.. FLORIDA;. rtlENCE aUN. Al..ONG .THE. SOliTI:iEU.Y CNE O~.SAID TUS<A.'Nil.U. UNIT 7. sOtrni 70000-29" EAST, 564.2. .;:cr TO TnE SOlJTHEAST e:ORNS OF SAlO" FlAT; 'i'HENci: fn;"N SClJ.'T'ri 0'110752" EAST, 319.02 fEET; TIiE'iCE.i=\I..'N SOUT'H.89"37'4E)." ~I, 52a75 1-=1; TriENCE RUN SQUT'ri 1-4032'19- EA::il. lSS.31 =1: THEN€E RUN SCUTri 71 '"'2l7.10" EAST, 164.74 FEET TO A ?OINT C~ THE W=...;)Ic.-iI;.Y FJGhT-CF-WAY OF THE PROPCSEiJ eVEC c::\CSSiNG ~CE"; "Ffl.ENCE RI..'N ALONG SAID ?ROPqscD W-cST RIGHT-OF-WAY UNE TrlE ;:cuoW1tilG COURSES: SOUTH 5~0'1S'44" .'NEST. 200.2.2 r:ET TO A CURVE CONCAVE SOlFrHEA.S'T'E?i.. Y; THEN~ Rt3li SOUTHWESTERLY ALONG SAID OJRYE liA'ItING A RAC1US LENGTrl OF 350,00 i"=I, A c91TMAL ANGLE. OF 19,006"05-, AN ARC lENG"iH at: 315."1 1"";:-1, A CHORD LENGlH Of 315.25 1-"'::1, AND A 04.DRD EEARl."IG OF SCUTri 45"42'41 r' WEST; THENCE RUN SOIJTH 350QS'39" WSi, 275.09 F.:S" TO A CURVE CONCAVE SOUTIlI:AS"i"EU.Y.; TrlENc::E.. Rim SClt7nwEST;lLY' Al.ONG SAID CURVE HAVING A BADIUS LENGTrl OF 800.00 1-=1, A C3't'InAL AbiGU: . OF 17"48'35-, A:-i.ARC.~G7H OF 243..57 1--=1, A O-:ORO L3Il.G1li OF 247.'S] . r'-..t:.. , AND A OiGRD eEAR4NG OF SCUTri i""0).5~22" ~-r TO T:.-iE Ai=ORSAID NORTHEAST CORNS OF LOT 12 A.,'oJ0" 7J-:"E. POINT QF 3EGiNNING. THE ABOVE DESCIBED TRACT OF LAND LIES IN SEMINOLE COUNTY, FLORIDA AND CONTAINS. 49.551 ACRES, MORE OR LESS. EXHIBIT B EXHIBIT "C" OVIEDO MARKETPLACE DRI EQUIVALENCY MATRIX EXHIBIT 5 Water & Sewer Projections The following tables reflect the previously approved water and sewer projections as well as the proposed water and sewer projections based on the proposed NOPC and the conversion from retail to residential use. Previously Approved Parcel 14 Water & Sewer Projections 14 Retail 160,000 0.1 GPO/SF 0.0160 MGO 0.1 GPO/SF 0.0160 MGD 0.0160 MGO 0.0160 MGD Total Projected Usage: Proposed Parcel 14 Water & Sewer Projections parcel 132 units 0.1 GPO/SF 335 GPO/ UNIT 0.0131 MGO 0.1 GPO/SF 300 GPO/ UNIT 0.0131 MGO 14 Retail 131,000 14 Townhouse Residential 0.0442 MGO 0.0396 MGO Based on the conversion of 29,000 square feet of retail use into 132 townhouse residential units, the proposed change would cause an increase in water usage of approximately 0.0413 MGD and an increase in wastewater usage of approximately 0.0367 MGD. Oviedo Marketplace DRl/City of Winter Springs October 2005 NOPC Page 5-1 Solid Waste Projections The following tables reflect the previously approved solid waste projections as well as the proposed solid waste projections based on the proposed NOPC and the conversion from retail to residential use. Previously Approved Parcel 14 Solid Waste Projections 14 Proposed Parcel 14 Solid Waste Projections 14B Retail 131,000 SF 4 LBS/lOO 5.240 LBS/Day 10 LBS/CF 7.41 CY/Ton 19.4 CY/Day 2.6 TonslDay SF/Day 14A Townhouse 132 DU 8 LBS/ DU 1,056 LBS/Day 20 LBS/CF 3.7 CY/Ton 2.0 CY/Day 0.5 Tons/Day Residential /Day Total Projected Usage: 21.4 CY /Day 3.1 TonslDay Based on the conversion of 29,000 square feet of retail use into 132 townhouse residential units, there would be a decrease in solid waste production by approximately 2.3 CYIDay or.l Tons/Day. 1':\18\/8237. Winter Spnngs 2004 NOPC\PUD/WinterSprings-E5.doc Oviedo Marketplace DRl/City of Winter Springs October 2005 Nope Page 5-2 EXHIBIT 6 TRANSPORTATION ANALYSIS Methodology The development program has been modified to add 132 townhouse units to Parcel 14. This was accomplished by converting equivalent square feet of the previously approved retail allocation using the trip Equivalency Matrix. The Equivalency Matrix, which is found on tlie last page of this Exhibit, was prepared using ITE Trip Generation Report, 7th Edition, 2004. This Equivalency Matrix is also included as Exhibit C of the Oviedo Marketplace DR! Development Order. Summary One-hundred and thirty-two (132) townhouse units have the comparable trip generation rate/impact of 29,000 square feet of commercial use. The charts on the next page demonstrate the difference in trip production by comparing the approved and proposed development programs for Parcel 14. The proposed change in development program on Parcel 14, which adds 132 townhouses units while eliminating 29,000 square feet of retail use, causes no increase in traffic generation by phase or at buildout and actually reduces PM Peak-Hour Trips by a nominal amount (30). P: 18'18237.. Wintersprings:004 NOPC"NOPC:FTVALNOPC:WinterSprings.E6.doc Oviedo Marketplace DRI/City of Winter Springs October 2005 NOPC Page 6-1 Oviedo Marketplace DRI City of Winter Springs Current Entitlements ITE Daily PM Peak-Hour Trip Ends land Use Parcel Intensity Code Trip Ends Total In out Retail 14 160,000 GlA 820 9,218 854 410 444 TOTAL 9,218 854 410 444 Proposed Entitlements ITE Daily PM Peak-Hour Trip Ends land Use Parcel Intensity Code Trip Ends Total In out Townhouse 14 132 DU 230 813 75 51 25 Commerical 14 131,000 GLA 820 8,094 748 359 389 TOTAL 8,907 824 410 414 current proposed Net Reduction in Trips Daily PM Peak-Hour Trip Ends Trip Ends Total In out 9,218 854 410 444 8,907 824 410 414 311 30 0 30 Exhibit "C" Oviedo Marketplace DRI Equlvalency Matrix EXHIBIT 7 SCHOOL IMPACT ANALYSIS In the portion of the DR! within the City of Winter Springs, the applicant proposes to add a maximum of 132 residential units. Seminole County Public Schools uses the following multipliers to determine the number of students generated by each household: .225 students per household. · .115 Elementary School Students · .053 Middle School Students · .057 High School Students Using this methodology, the total students generated by school type would be as follows: City of Winter Springs (Parcel 14) 132 15 8 30 Based on the December 2004 school assignments, capacity and enrollment data provided by Seminole County Public Schools, the 30 new students generated by the project would attend the following schools. The current enrollment and current capacity is provided. SCHOOL NAME CURRENT CURRENT ENROLLMENT CAPACITY Rainbow Elementary School 864 750 Indian Trails Middle School 1456 1350 Winter Springs High School 2626 2500 Oviedo Marketplace DRl/City of Winter Springs October 2005 NOPC Page 7-1