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HomeMy WebLinkAbout2006 10 09 Regular 300 Jetta Point Park COMMISSION AGENDA ITEM 300 October 9,2006 Meeting Regular MGR./ DEPT. REQUEST: Subsequent to the Community Meeting held by the City Commission on October 2, 2006, the Community Development Department and City Attorney request that the City Commission provide formal direction to Staff regarding the processing of Seminole County's request to permit and construct Jetta Point Park located adjacent to the Black Hammock trail head. PURPOSE: To formally resolve the appropriate course of action for Staff to pursue related to processing the county's request to permit and construct Jetta Point Park. The County is pursuing a Florida Communities Trust Grant and has stated that some construction must commence before the end ofthe year to receive the grant. APPLICABLE LAW & PUBLIC POLICY: Chapter 163, Florida Statutes Comprehensive Plan Development Agreement Settlement Agreement Chapter 20, Division 7, C-I Neighborhood Commercial Districts Sec. 20-261. Conditional Uses. Sec. 20-82. Duties and powers, general. Sec. 20-33. Procedures. Sec. 20-103. Restrictions upon lands, buildings and structures. CONSIDERA TIONS: Seminole County has acquired approximately 45 acres along the west side of the Greeneway (SR 417), south of SR 434 and wishes to develop the land into a County Park with both active and passive recreational areas. October 9, 2006 REGULAR ITEM 300 About 35.5 acres are under the City of Winter Springs' jurisdiction and about 9.5 acres are within the City of Oviedo. Most of the subject property within Winter Springs has a Commercial Future Land Use (FLU) designation - the small triangular-shaped property surrounded by the trail has a Medium Density Residential FLU. Current FUTURE LAND USE. Sept. 2006 Current ZONING, Sept. 2006 C About one third ofthe subject property within Winter Springs is within the Tuscawilla Planned Unit Development (PUD) and the remaining portion is within the C-l Neighborhood Commercial zoning district. The portion within the Tuscawilla PUD is subject to a development agreement and a court settlement agreement. These documents restrict the uses within the commercial portion ofthe PUD and do not list park use as a permissible or as a conditional use. Therefore is a Conditional Use Permit is granted, it will only be applicable to a portion of the site. The Conditional Use Permit can not address park development within the PUD portion ofthe site. In initial discussions about the project with the County, Staff had opined that a Conditional Use would be the fastest method to get park use approval for the site. The County indicated a need to expedite the process, in order to meet requirements associated with their application for a Florida Communities Trust Grant and felt that the lengthy process associated with a large scale land use amendment would exceed their deadline. Discussion of the most appropriate process was without details ofthe parcels involved. Staff did not realize that the subject property was larger than just the area with "C-I Neighborhood Commercial" zoning. After the County made application for the Conditional Use Permit, staff identified the problem and notified the City Attorney immediately. . October 9,2006 REGULAR ITEM 300 The City Attorney prescnbed an efficient alternative to provide the park in both the PUD and C-l portions of the property. He prescribed an administrative FLU amendment and joint planning agreement (JP A) that would also address the approval process, as well as construction and operation of the park. The change ofland use is appropriate given that the land is intended to be placed in perpetuity for public recreational purposes and given the future goals and objectives of the City as expressed through the Comprehensive Plan. [Lands identified in the Park and Recreation Element as "Parks" shall perpetually be held in public ownership for recreation purposes (Park and Recreation Element, Policy 1.1.9).] As a result, the City commenced an administrative comprehensive plan to change the FLU of both the PUD and C-l portions of the site from Commercial and Medium Density Residential to the Recreation and Open Space designation. It is scheduled for a public hearing at the Local Planning Agency/Planning and Zoning Board meeting on October 4 and for the City Commission on October 23. However, since then, the Count has requested that the City change its zoning code to allow Public Parks as a permitted use in the C-l and PUD zoning districts. On October 2, 2006, the City Commission at a community meeting involving Jetta Pointe Park informally indicated that they would like the City Attorney and staff to prepare an ordinance to amend the zoning code per the County's request. The City Attorney indicated that such an ordinance can be prepared, but he would still recommend that the FLU designation be changed as well to accommodate the County's Park project. The Commission also informally requested that the permitting ofthe Park be expedited to the extent permitted by law. The City Attorney has already prepared the zoning ordinance to amend the zoning code. At the writing of this agenda item, staff is working on scheduling a special P&Z meeting so that they can review and make a recommendation on the proposed ordinance. Although the City has administratively commenced the FLU amendment process to expedite the County's request, the City is unsure whether the County desire to complete the amendment during this cycle or wait to the Spring 2007 comprehensive planning cycle. CHRONOLOGY & IMPLEMENTATION SCHEDULE: Aug. 14.2006- Application for a Conditional Use Permit (CUP) submitted by Seminole County. Aug. 31. 2006- Joint meeting of City/County Staff to address CUP application. City Attorney in attendance. Sept. 07. 2006- BOA consideration ofthe CUP. County requests the item be Postponed until Oct. 5. Oct. 02.2006- City-County Workshop with adjacent residents Oct. 04. 2006- LP A to make recommendation regarding the Large Scale Comprehensive Plan Amendment to change the Future Land Use to Recreation and Open Space [Ordinance 2006-14] Oct. 05.2006- BOA to make recommendation regarding the Conditional Use Permit on the C-1 Neighborhood Commercial portion of the property. Oct. 09.2006- City Commission to discuss and determine the best method for resolving the land use and zoning conflicts and make final decision. Oct. 23.2006- City Commission consideration of the Large Scale Comprehensive Amendment [if utilized] Oct. 23.2006- City Commission consideration of the Conditional Use Permit [if utilized] Oct. 23.2006- City Commission consideration of the JPA [if utilized] Jan. 22. 2006- Anticipated Adoption of the Large Scale Comprehensive Amendment [if utilized] . October 9, 2006 REGULAR ITEM 300 STAFF RECOMMENDATION: Based on the October 2,2006 community meeting and the Commission's informal direction, the City Staff and City Attorney recommend that the City Commission formalize the following direction: 1. Expedite the public hearing process to amend the City's zoning Code to allow Public Recreational Areas and Facilities as a permitted use in the C-l and pun zoning districts. 2. If the County desires to construct a Public Recreational Facility at Jetta Pointe, the City shall administratively amend the Future land Use map designation for the Property to "Open Space and Recreation." The amendment can be transmitted during this cycle in October or the Spring 2007 cycle. The timing of the transmittal depends on how quickly the County believes they can complete final engineering, but the City should strive to adopt the amendment on or before the date that Final Engineering for the Park is approved by the City Commission. 3. While the Comprehensive Plan amendment is pending, the City shall review and consider approval ofthe County's Final Engineering plans at such time the plans are submitted by the County. 4. Seminole County shall completely release the City from the Settlement Agreement which requires commercial uses on the Property. The release shall be a condition of Final Engineering approval. COMMISSION ACTION: