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HomeMy WebLinkAbout2013 02 25 Informational 100 Current Planning Projects UpdateCOMMISSION AGENDA ITEM 100 February 25, 2013 Regular Meeting Informational X Consent Public Hearings Regular KS RS City Manager Department REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. SYNOPSIS: The City Commission has been asked to be kept informed of the status of all development projects in the City. This agenda item is an update to the Commission on the status of current planning projects and any events /changes since the last City Commission meeting. New information is highlighted. CONSIDERATIONS: The projects listed below are those with some consistent activity, although not every project has additional activity for every update report. Items listed below that have changed since the last update are shown in bold type. Items which have not and do not appear likely to generate any change are periodically dropped from this agenda item with prior notice to the City Commission. Bart Phillips/ 419 Auto & Metal — The City Attorney and staff took an ordinance to the Planning and Zoning Board in February 2010 with proposed text amendments regarding permitted uses in the City's I -1 Zoning District. The applicant indicated that, in addition to the "secondary metals recycling" operations in the proposed text amendment, he also wanted the allowance to do "recycling of non - hazardous materials ". This addition was discussed during the Planning & Zoning Board meeting in February. First reading of the text amendment for the I -1 zoning district the City Commission was approved at the Commission's February 22, 2010 meeting. The applicant submitted a request for relief of Informational 100 PAGE 1 OF 15 - February 25, 2013 the fines imposed by the Code Enforcement Board. The Code Enforcement Board recommended approval of the reduction of fine request at a special meeting on March 30, 2010. Second reading of Ordinance 2010 -03 amending the list of permitted uses in the I -1 District and the City Commission's consideration of the Code Enforcement Lien Satisfaction Agreement received Commission approval at the April 12, 2010 City Commission meeting. On April 28, 2010, Mr. Philips paid $500 necessary to satisfy the lien and submitted the executed Lien Satisfaction document. The Lien Satisfaction Agreement was recorded on May 10, 2010. City staff is working with the County on the trail swap. No permit applications have been received for the proposed wall. The property owner is currently in negotiations with the SJRWMD on the 419 Auto & Metal project. Staff has attempted to involve Congressman Mica's office in negotiating the trail ROW swap with the CSX Railroad. The applicant has requested information about permitting the buffer walls associated with the 419 Metals facility. An application has been received by staff for the permitting of the buffer walls along the SR 419 right -of -way. This application is currently under review. The aesthetic review approval for the walls has expired. An agenda item requesting the Commission consider reinstating the aesthetic review approval is on the Commission's September 12, 2011 agenda. (Trail information has been moved to "Cross Seminole Trail ") The re- approval for the aesthetic review for the buffer wall along SR 419 was approved by the City Commission at the September 12, 2011 meeting. The Building Department is reviewing the building permit application. In light of the recent movement on the CSX Railroad crossing, staff will be meeting with Mr. Bart Phillips to review the status of the trail right -of -way dedication and the screen walls along SR 419 and the eastern property line of the 419 Metals site. This project remains on hold pending the outcome of the CSX railroad crossing and the trail right -of -way swap. A Level 1 Environmental Assessment will be performed on land to be donated by Mr. Phillips. Construction of the wall along SR 419, east of Wade Street is underway with inspections on- going. Cross Seminole Trail- On March 30, 2011, Seminole County executed a design agreement with HDR (an engineering firm that CSX uses to design railroad crossings), which forwarded this agreement to CSX on April 5, 2011 (16 months elapsed between the design agreement and the construction agreement for the Environmental Center crossing). David Martin is requesting a letter of intent to issue a permit, to determine if the state Office of Greenways and Trails will move forward with the land swap (otherwise, the permit may not be issued until the construction is ready). HDR is underway with the railroad crossing engineering design on behalf of CSX. Seminole County has requested that the City provide a signed and sealed survey of the proposed trail right of way to be acquired at Magnolia Park. County request to the Office of Greenways and Trails to proceed with the land swap given the design agreement with CSX is pending. The City has been tracking the progress of the engineering agreement between CSX /HDR and Seminole County. Staff and the Mayor spoke with Tarah Harkins who is new to the area as CSX's safety officer. Their leadership team discussed the County's pending agreement last week and the 3 for 1 policy issue was raised. It has been several years since the 3 for 1 issue was reviewed by the County. The County is reviewing whether or not they are in a position to provide any public or private reductions in rail crossings in Seminole County and will provide Ms. Harkins an email or letter response after their review. Seminole County examined the public railroad crossing maps to see if any crossing could be closed to reduce the number of crossings. They were unable to find any crossings that could be closed in exchange for the requested trail crossing. The following unique features of the rail line and proposed trail crossing have been conveyed to CSX: Informational 100 PAGE 2 OF 15 - February 25, 2013 1. The proposed crossing is less than one -half mile, ± 0.43 miles, from the termination of the line. 2. The frequency of use is two trains per week. 3. The train speed through this section of track is extremely slow. 4. This crossing provides mutual benefits to one of your customers Mr. Bart Phillips, 419 Metal & Auto Recycling Center, Inc., the State, Seminole County, City of Winter Springs, and CSX Transportation, Inc. Mr. Phillips has been working with the State, County, and City on land (property) exchanges which will benefit all parties involved and he fully supports this crossing application. This crossings approval will allow Mr. Bart Phillips, 419 Metal & Auto Recycling Center, Inc., to consolidate two parcels of land to improve his operation and potentially increase his business with CSX. The State, County, and City will benefit by allowing the County to complete the Cross Seminole Trail in which all have a vested interest. If the at grade crossing is granted the land exchanges can be completed, as they are contingent on the approval of this crossing. CSX Safety Committee approval is pending and the next step will be approval by the Chief Engineer for CSX. Mayor Lacey has sent a letter to Congressman Mica requesting his assistance in gaining approval of a non - vehicular crossing from the CSX Railroad. At the November 14, 2011 City Commission meeting, an Informational item was presented by the Public Works Department which included an approval letter from CSX railroad for the "at- grade" pedestrian crossing for the Cross Seminole Trail west of SR 419 and Wade Street. This approval allows for the land swap to be completed with the State to allow for the construction of the Magnolia Park Amphitheater. Seminole County is still waiting for the executed preliminary engineering agreement from CSX for the crossing. The City has received a copy of the latest preliminary agreement which allows CSX's consultant (HDR) to proceed with the trail crossing design once the funds are received from the County. Separately, County staff is still waiting for a response from the Office of Greenways and Trails as to whether the executed preliminary agreement is sufficient for the State to proceed with the land swap that would allow Magnolia Park construction to proceed. The City has received an e -mail from Seminole County to the Office of Greenways and Trails (OGT) showing the County has executed the Preliminary Engineering Agreement with CSX. On February 2, 2012, Seminole County provided OGT with the executed Preliminary Engineering Agreement with CSX as part of their request to proceed with the land swap which is under consideration by OGT. The County Survey for the proposed trail right of way near Old Sanford Oviedo Road was received by staff on Feb 1, 2012 and comments were returned the same day. Revised survey is expected by February 24, 2012. As of March 19, 2012, the office of Greenways and Trails (OGT) provided confirmation that the Preliminary Engineering Agreement with CSX will be sufficient to proceed with the land exchange. An informational agenda item (Item # 101) is on the April 9, 2012 City Informational 100 PAGE 3 OF 15 - February 25, 2013 Commission meeting and will provide the details of a timeline for moving forward with this project. Staff met with the County Design Engineer on April 26 to review trail missing link design drawings that were 30% complete. Staff requested the trail width be increased from 12' to 14' to be consistent with the rest of the trail in the City. Exhibit attached (also posted in lobby). The land swap is under review at the State. Most recent activity is that one of the agencies has requested a Level 1 Environmental Assessment be performed on land to be donated by Mr. Phillips. Seminole County has agreed to pay for the Assessment which should be complete within 30 to 60 days. A representative from Seminole County will be present at the Commission meeting on December 10, 2012 to provide an update on the review process for the Cross Seminole Trail modification /completion. Mr. Antoine Khoury, P.E., Assistant Director, Seminole County Public Works presented an update at the December 10, 2012 City Commission meeting regarding the review process for the Cross Seminole Trail modification /completion. Grandeville at Town Center (f/k/a Villa Grande) — Staff is working with the applicant to finalize revisions to the permit plans and to finalize the address assignments for the units. A pre - construction meeting and permit issuance should be forthcoming in the next few weeks. Staff met with the applicant on September 29, 2008 to finalize the methodology for building valuation to be used in assessing the appropriate building permit fees. The applicant reports renegotiating materials prices (in light of recent price declines) in preparation for submitting for a construction permit to do the site /civil construction and obtaining building permits. The applicant met again with staff on December 23, 2008 and announced that, due to the international financial crisis, they were suspending the project indefinitely. The applicant has asked for contact information for another developer who approached the City with a proposal for an "independent living" facility for seniors. Staff met with the applicant on February 27 and again on April 16, 2009 to discuss options for modifying the proposal to 144 age- restricted apartments utilizing a site plan similar to the one previously approved. Further discussions relative to the final design and economic development incentives for this project were scheduled for June 9, 2009, but were re- scheduled for June 16, 2009. The applicant is currently working on financing for this project and the City is continuing consideration of potential economic development incentives. Staff is working with the applicant to finalize the financial package and to finish the write up to be used in marketing the project. Staff provided a letter on September 28, 2009 detailing the existing project status. This letter will be used as part of the financial package for the project. Staff met with the project representative on October 19, 2009 to discuss the schedule for consideration /approval of the project modifications as related to the conversion of the project to age- restricted apartments. Staff met with the applicant on January 26, 2010 once again to address applicable City and county impact fees. Staff has also provided local demographic and recent activity information on the Town Center to assist the developer with their HUD application. The applicant has maintained contact with staff regarding the project. As of May 14, 2010, the developer has stated that HUD is running 90 -120 days late with their invitations. The developer expects to hear from HUD within the next 50 -75 days and has indicated that they will need expedited services from the City once this invitation is received. The Developer spoke to staff on July 14, 2010 and indicated that they were two Informational 100 PAGE 4 OF 15 - February 25, 2013 (2) weeks away from a decision by HUD relative to their financing. If the financing is approved, they will need to finalize all approval with 120 days. Staff spoke to the developer on August 16, 2010 and confirmed that they are still waiting to hear from HUD. Another call from the Developer in mid November indicated that HUD is running late with their actions on projects and, therefore, the developer is still waiting to hear from HUD on financing for this project. An early January update indicated that the applicant is supplying additional information to HUD for their application package. Staff has supplied additional information relative to the Town Center to the company working with the applicant on the HUD financing. Staff spoke to the applicant on May 2, 2011 and was informed that the applicant is working with an additional funding partner on this project. Staff is working with the applicant and their financial partner to address the status of previous approvals. Staff has been told that the applicant will be pursuing development of the property with 160 units in five (5) five story buildings with structured parking on the ground floor. Staff has been contacted by the developer /property owner and they are working on a revised concept for this property. Staff continues to address several requests from the developer relative to the building architecture and site development. Staff met with the applicant and a potential financial partner to the review the project on February 2, 2012. Staff spoke to the applicant's architect on February 24, 2012 with regards to preparation of the aesthetic review submittal in conjunction with the conceptual plan submittal. On March 16, 2012 the applicant submitted a Conceptual Plan for review and final approval. The plan includes 244 apartment units. Staff review comments were sent to the applicant on April 3, 2012. A Development Review Committee meeting will be held with the applicant within the next several weeks. Review of the Conceptual Site Plan will be on the May 2, 2012 Planning and Zoning Commission meeting. The Conceptual Site Plan was approved unanimously by the Planning & Zoning Board at the May 2, 2012 meeting. The item will be presented to the City Commission for approval at the May 29, 2012 meeting. This project was also featured in an article in the Orlando Business Journal in the May 4 -10, 2012 issue. The Conceptual Plan was approved unanimously by the City Commission at the May 29, 2012 special meeting. The applicant anticipates submitting a Final Engineering Plan soon and the architect is working on the aesthetic review submittal. Staff continues to work with the applicant on several building details as well as the final fiscal analysis report for the project. On July 12, 2012, the applicant submitted the aesthetic review for final approval. This item will be presented to the Planning & Zoning Board and the City Commission for final approval following the staff review process. Staff will be meeting with the applicant on September 6, 2012 to resolve certain construction details associated with integration of the structured parking into the apartment units. The applicant has submitted a final fiscal analysis report for the project. Staff is reviewing this report. Staff met with the applicant on September 6, 2012 to discuss outstanding architectural issues. Based on the outcome of this meeting, the applicant stated that Final Engineering Plans will be submitted to the City in the next few weeks. Comment responses on the aesthetic review have been submitted by the applicant. The Aesthetic review is anticipated to be presented to the Planning & Zoning Board on November 7, 2012, and the City Commission for final approval on November 19, 2012. The Aesthetic Review was approved unanimously by the Planning & Zoning Board at the November 7, 2012 meeting. The Aesthetic Review was unanimously approved by the City Commission at the November 19, 2012 meeting. The Final Engineering Plans are currently under review. The Final Engineering Plans, Special Exception requests were presented to the Planning & Zoning Board on February 6, 2013. The Final Engineering Plans, Special Exception requests and Development Agreement will be presented for the City Commission's consideration at the February 25, 2013 meeting. Hayes Road Plaza — Staff was informed that financing had been obtained for the site. A Informational 100 PAGE 5 OF 15 - February 25, 2013 building permit was applied for and has been ready for issuance since January 25, 2011. No work has been pursued on this property. The contractor has contacted the building department to inquire about the fees associated with the building permit. City staff is working with the owner and contractor to finalize a schedule for moving forward when financing is secured which, according to the owner, is imminent. The building permit has expired and Staff is awaiting the submittal of a new permit request once financing is secured. Staff met with the owner and his banker and contractor. They are moving forward with revisions to the building plans in anticipation of making submittal for a new building permit prior to March 15, 2012, which is the effective date for the newest revision to the Florida Building Code. The owner submitted building plans on March 1, 2012 for final approval. Because of the length of time this project has been proposed and even with the building department's best efforts to move the project forward with new reviews and even issuing a slab permit, the Conditional Use approval for the convenience store and the aesthetic review approval for the building have both expired. Staff has scheduled Public Hearings for re- consideration of both items before the Planning & Zoning Board on April 4, 2012, and the City Commission on April 23, 2012. The City Commission unanimously approved both items (Conditional Use and Aesthetic Review) at the April 23, 2012 meeting. A pre - construction meeting was held with the applicant and contractor on May 21, 2012. At this meeting, the contractor indicated they intend to begin construction within the next week to two week with construction being complete within six to eight months. The first review of the building plans is complete and staff is awaiting the applicant's response to comments. The applicant is inquiring about temporary electrical power for construction purposes but no building permit has been issued to date. The applicant has supplied a response to the first comments and that response is currently under review by staff. The contractor has indicated that they will be mobilizing for site work prior to September 21, 2012. Staff is scheduled to meet with the contractor on site on September 19, 2012. The site work has commenced. Vertical construction is anticipated to commence soon. Staff is working with the applicant on an MOU relative to uses in the facility. The building department continues to reach out to the applicant to secure response to the second round of comments. Staff is working with a new contractor to finalize several changes to the architectural plans. Efforts are underway to re- initiate site construction on the property. Jesup's Landing — Mattamy Homes submitted a concept plan for 171 town house units at the Jesup's Landing site. This plan was addressed at staff review on February 8, 2011. Mattamy has a number of units at Baldwin Park. Staff received a re- submittal and has offered to meet with the development professional to make the subdivision plan compliant. This meeting took place on March 16, 2011 and the revised plan was briefly addressed at staff review on March 22, 2011. Staff has sent comments on the revised plan to the applicant. Proposed subdivision plan modifications, pursuant to staff comments were received electronically on April 12, 2011. A meeting with the applicant to address architecture and special exceptions was held on May 4, 2011. The concept plan for this project is tentatively scheduled for the June 1, 2011 P &Z Board meeting, pending the scheduling of neighborhood meetings by the applicant. On June 1, 2011, the Planning & Zoning Board recommended unanimously to approve the Conceptual Plan for 171 townhome units, and a Special Exception to Section 20- 324(5) of the Town Center Code to permit a deviation that would allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade. This item will be on the June 27, 2011 City Commission agenda. The Conceptual Plan and Special Exception to Section 20- 324(5) of the Town Center Code to permit a deviation to allow a finished first floor height of less than the required minimum of two (2) feet above sidewalk grade item was approved by the City Informational 100 PAGE 6 OF 15 - February 25, 2013 Commission at the June 27, 2011 meeting. The applicant is working to finalize the final engineering and aesthetic review submittals. A meeting regarding a stockpile agreement was held with the applicant on September 16, 2011. At the September 26, 2011 City Commission meeting, the stockpile agreement was approved. A final engineering plan was submitted on September 15, 2011. A DRC meeting will be held with the applicant on October 4, 2011 at 10:00 AM. On October 4, 2011 a DRC meeting was held with the applicant. Based on the outcome of the meeting, the applicant will be resubmitting plans that address staff's comments from the first review. On November 17, 2011, staff met with representatives of Mattamy Homes to discuss the Aesthetic Review process. Staff anticipates a submittal for the aesthetic review sometime in December 2011. Placement of the surcharge fill material has started. On December 5, 2011, the applicant submitted their response to staff's comments on the final engineering plans. This submittal is currently under review by staff. On December 20, 2011, a DRC meeting was held with the applicant. Based on the outcome of the meeting, the applicant will be resubmitting plans that address staff's comments from the second review. Placement of the surcharge material is complete. The Final Engineering Plans are scheduled to be presented to the Planning & Zoning Board on February 1, 2012 and to the City Commission on February 27, 2012 for final approval. On February 1, 2012 the Planning & Zoning Board unanimously recommended approval of the Final Engineering Plan. The Final Engineering Plans and Development Agreement will be presented to the City Commission on February 27, 2012 for approval. The Final Engineering Plans and Modified Developer's Agreement were unanimously approved by the City Commission at the February 27, 2012 meeting. Site construction is anticipated to begin soon. Site construction has commenced and is currently on- going. This project was also featured in an article in the Orlando Business Journal in the April 27 — May 3, 2012 issue. Site development continues on the project. Staff expects the aesthetic review submittal soon. The Final Plat and Aesthetic Review were submitted for review and final approval. The Final Plat is currently under review by staff to ensure consistency with the City's Code of Ordinances and applicable state laws (Florida Statute 177). The Aesthetic Review will go before the Planning & Zoning Board at the July 11, 2012 meeting, and before the City Commission at the July 23, 2012 meeting for final approval. The Planning & Zoning Board unanimously approved the aesthetic review at the July 11, 2012 meeting. The City Commission will consider final approval of this item at the July 23, 2012 meeting. The City Commission unanimously approved the Aesthetic Review at the July 23, 2012 meeting. The project engineer indicated to staff that the Final Plat will be submitted for review and final approval soon. Staff is working with the applicant on the location of a sales center. The Final Plat is currently under staff review and is tentatively scheduled for the September 24 or October 8, 2012 City Commission meeting. The Final Plat will be presented to the City Commission on September 24, 2012 for approval. The Final Plat was approved by the City Commission at the September 24, 2012 meeting. To date, no building permits for the townhome units have been submitted. The Jesup's Landing plat was conditionally approved by the City Commission on September 24, 2012. Prior to the plat being signed and recorded, the following two items are required from the developer: 1. 2. Certified letter from the platting surveyor that the PRM's have been set in accordance with Florida Statutes Receipt of the "new letter of credit" in a form acceptable to the City Attorney. The PRM's have been received and approved by City staff. Staff is still awaiting the "new letter of credit ". The plat cannot be recorded in the public records of Seminole County until this has been received. City staff has received the "new letter of credit ". The plat is Informational 100 PAGE 7 OF 15 - February 25, 2013 currently in the process of being recorded in the public records of Seminole County. The plat has been recorded in the public records of Seminole County. Vertical construction has begun on the model building and staff has issued building permits for two additional buildings. Jesup's Reserve — DR Horton submitted revised aesthetic review documents for a portion of the remaining 63 lots. This revision received a recommendation of approval at the April 6, 2011 Planning and Zoning Board meeting and was approved at the City Commission meeting on April 25, 2011. DR Horton has submitted building permit plans for another building in the development. These plans are currently under review. Staff is awaiting a response from the applicant from comments generated from the first review. The permit for the latest submittal is ready for issuance. DR Horton submitted an application for a building permit for a 6 -unit building on McLeod's Way. The application is in the process of being reviewed. Construction continues on one previously approved building and one additional building has been completed. DR Horton has submitted an application for building permits for 12 more units and construction has commenced on a new 6 unit building. The first building constructed has received a Certificate of Occupancy (CO) and the second building is scheduled to receive a CO on September 19, 2011. A permit for another 6 -unit townhome building is ready for issuance. Three (3) building permits were issued the week of January 2- 6, 2012. A new 3 -unit building is currently undergoing building permit review. A new 3- unit building is currently under construction. Several of the remaining buildings are currently under construction. Building permits applications have been received for two townhome buildings. Permits for three (3) new buildings (17 units) were issued in December 2012. Vertical construction has begun on the most recently permitted buildings. Magnolia Park — Staff met with the design team on April 14, 2009 to provide initial comments on the trail land swap, site, and building design, for the amphitheater with its changing rooms and rest rooms, in preparation for formal submittals. Staff met with the consultants on May 14, 2009 to discuss the landscaping, lighting, and sound components of the design. Additional discussions were held on May 29, 2009 regarding the lighting and sound designs. Staff has received the 60% plans on July 31, 2009 and addressed these plans at the September 1, 2009 staff review. Aesthetic Review of this project was conducted as part of the October 6, 2009 staff review meeting. Staff is awaiting the resubmittal of the aesthetic review documents in response to the October 6, 2009 review. Final staff reviews of the aesthetics and final engineering were held on December 8, 2009. Staff awaits the final engineering and aesthetic plan re- submittal for the City Commission. Also, the trail swap is being delayed because the State wants to bundle the Magnolia Park Trailhead and the Bart Phillips trail right -of -way dedication along SR 419 together. Staff is working to resolve these items. The final engineering /site plan and aesthetic review received Commission approval at the March 22, 2010 Commission. The Lien Satisfaction Agreement has been executed by the both Bart Phillips and the City and will be forwarded to the City Attorney for recordation and processing for the purpose of moving forward on the various dedications for right -of -way and the swapping of trail right -of -way with the Magnolia Park Amphitheater site. Discussions are underway between Mr. Phillips, the CSX railroad, Seminole County, and the State Office of Greenways and Trails regarding the CSX railroad crossing and the trail property swap. Seminole County is working with CSX Railroad on the swap and City Staff is meeting with the County on their request for some survey work. Seminole County is making application for an easement to cross the CSX railroad with the Cross Seminole Trial. The County submitted the application for the trail to cross in the industrial park to CSX on 7/23/10. They expect a response within 60 days. The Informational 100 PAGE 8 OF 15 - February 25, 2013 land swap application is on hold at the Office of Greeneways and Trails pending receipt of the railroad crossing permit from CSX. Seminole County notified staff on October 13, 2010 that they had received a verbal confirmation that the permit application had cleared the CSX safety group (an important hurdle). The permit is currently in the CSX engineering group, which focuses on technical issues. Staff is attempting to involve Congressman Mica's office in the negotiations with CSX. Contact has been made with CSX to facilitate approval of the pedestrian crossing. Staff spoke with David Martin and the agreement will need to go the County Commission. Their agenda deadline is Friday March 4 for the April 12 County Commission meeting and March 18 for the April 26 meeting. Scheduling assumes the agreement is generally acceptable to legal which David expects it to be since they did the same process for the rail /trail crossing at Soldier Creek Park. A one year site plan and aesthetic review extension was granted at the March 14, 2011 City Commission meeting. On March 30, 2011, Seminole County executed a design agreement with HDR (an engineering firm that CSX uses to design crossings), which forwarded this agreement to CSX on April 5, 2011 (16 months elapsed between the design agreement and the construction agreement for the Environmental Center crossing). David Martin is requesting a letter of intent to issue a permit, to determine if the state Office of Greenways and Trails will move forward with the land swap (otherwise, the permit may not be issued until the construction is ready). Kip Lockcuff up -dated the Commission on the project at the April 25, 2011 City Commission meeting. Seminole County has requested that the City provide a signed and sealed survey of the proposed trail right of way to be acquired at Magnolia Park. County request to the Office of Greenways and Trails to proceed with the land swap given the design agreement with CSX is pending. At the November 14, 2011 City Commission meeting, an Informational item was presented by the Public Works Department which included an approval letter from CSX railroad for the "at- grade" pedestrian crossing for the Cross Seminole Trail west of SR 419 and Wade Street. This approval allows for the land swap to be completed with the State to allow for the construction of the Magnolia Park Amphitheater. The City has received an e -mail from Seminole County to the Office of Greenways and Trails (OGT) showing the County has executed the Preliminary Engineering Agreement with CSX. As of March 19, 2012, the office of Greenways and Trails (OGT) provided confirmation that the Preliminary Engineering Agreement with CSX will be sufficient to proceed with the land exchange. Informational agenda item (Item # 101) was presented on the April 9, 2012 City Commission Agenda and provided details of the timeline for moving forward with this project. (See update under "Cross Seminole Trail" above) Mermel property Annexation — The City has received an application from American Land Investments of Central Florida, LLC (the developer of the Weaver and Toledo properties) for annexation of approximately 4.4 acres located on the west side of DeLeon Street, east of the Weaver property. If annexed into the City, the property would be utilized as water retention in the proposed Weaver /Toledo development. The applicant has indicated the proposed name of the subdivision is "Southern Oaks ". The applicant has withdrawn the annexation request. Moss Park Apartments — This project is located on the site of the former Saratoga Condominiums project, which was approved by the City Commission on April 24, 2006. Construction for the condominium project commenced soon thereafter and ceased in 2008, with the property remaining in a partially developed state. The 9.1 acre site is located at the southeast corner of the intersection of N. Moss Road and Rhoden Lane behind the Bank of America. As a result of the settlement agreement between the City and Atlantic Housing Partners, the Town Park Apartments which were originally proposed in the Town Center Informational 100 PAGE 9 OF 15 - February 25, 2013 will be developed on this property. City staff met with a representative from Atlantic Housing Partners on February 24, 2012 to discuss issues related to the site plan review for this project. Per the terms of the settlement agreement, final permitting will be handled by City Staff. Wall and fence permits were applied for on March 1, 2012. Review of the initial building permit submittal has been completed. On March 15, 2012, staff had a pre - application meeting with a representative from Atlantic Housing Partners in regards to the potential development of the commercial parcel adjacent to SR 434 that would potentially contain a mixed use building with 15 residential units and 6,000 square feet of commercial uses. The property is zoned C -1 (Neighborhood Commercial). The applicant was informed that apartment units in this zoning district require a Conditional Use approval from the City Commission. On March 30, 2012 staff review comments were sent to the applicant in regards to the Final Engineering Plan for the apartment units. A Development Review Committee meeting will be held with the applicant within the next several weeks. The Conditional Use request for the mixed use commercial and residential on the 434 frontage property will be heard by the Planning and Zoning Board on May 2, 2012. The Conditional Use for the mixed use proposal along the SR 434 frontage was approved unanimously by the Planning & Zoning Board at the May 2, 2012 meeting. The item will be presented to the City Commission for approval at the May 29, 2012 meeting. At the May 29, 2012 meeting, the City Commission voted to continue the item to the June 11, 2012 meeting to allow staff and the applicant additional time to resolve issues relating to the parking quantities and layout. At the June 11, 2012 meeting, the City Commission voted to continue this item to the June 25, 2012 meeting. At the June 25, 2012 City Commission meeting, no action was taken on the mixed use conditional use request. This item will be brought before the City Commission for final approval or denial at the July 23, 2012 meeting. The City Commission approved the Conditional Use for the mixed use portion of the project as well as the waiver of the two -car garage element of the code at the July 23, 2012 meeting. The site engineering and architectural plans for the mixed use portion of this project are being finalized. The engineering should be submitted to the City in late September, 2012. To date, the engineering plans for the mixed use section of this project have not been submitted to the City for review. The project manager has indicated to City staff that they intend to obtain Certificate of Occupancies for the apartment complex on October 12, 2012. Final engineering plans for the mixed use building have been received and are currently under review by staff. At the November 7, 2012 Planning & Zoning Board meeting, the Aesthetic Review for the mixed use section of the project that abuts SR 434 was unanimously approved. The Final Engineering Plan will be presented to the Planning & Zoning Board for approval at the December 5, 2012 meeting. The Final Engineering Plan and the Aesthetic Review will be presented to the City Commission for final approval at the December 10, 2012 meeting. The City Commission approved the Final Engineering Plan and Aesthetic Review at the December 10, 2012 meeting. On February 1, 2013, City Staff held a pre - construction meeting with the project contractor of the mixed use building. The site construction of the mixed use building will commence once the Development Agreement has been executed by the City Attorney and the City Manager and is recorded in the public records of Seminole County. The Development Agreement is in the process of being recorded by the applicant. RaceTrac (former Hess station site) - Staff is working with the RaceTrac Company to redevelop the abandoned Hess station site located at the intersection of SR 419 and U.S. Highway 17 -92. The project will involve the annexation of three (3) additional parcels of land south of the existing site. The applicant has submitted an application requesting the annexation, rezoning, and small -scale future land use map amemdment for three (3) parcels of land south of the former Hess gas station site. This Informational 100 PAGE 10 OF 15 - February 25, 2013 application requests annexation, rezoning of the parcels to City of Winter Springs C -2 (General Commercial), and small -scale future land use amendment to City of Winter Springs Commercial. These items will be presented to the Planning & Zoning Board on February 6, 2013, and to the City Commssion for first reading on February 25, 2013, and second reading on March 11, 2013. On January 30, 2013, City Staff met with representatives of RaceTrac to discuss details of an Annexation Agreement which will be presented to the City Commission for approval. On February 6, 2013, the Planning & Zoning Board unanimously approved the Annexation, Small-Scale future land use amendment, and Rezoning. These items will be presented to the City Commission for first reading on February 25, 2013, and second reading on March 11, 2013. Town Center Phase I (previously referred to as JDC Calhoun I) — Staff continues to monitor activity and to meet with potential occupants on vacant retail /office space within Phase 1 of the Town Center. Quest Diagnostics has entered into a lease to be located in Building 8 in the Town Center. Wendy's last day of operation will be June 30, 2012. Staff has provided as -built drawings for the old Beef O'Brady's and Bijoux Jewelers locations for use in working on an interior build -out plan for a new restaurant. No formal plans have been submitted to the City. Quest Diagnostics is underway with an interior build -out in Building # 8 (1132 East State Road 434). Completion of the Quest Diagnostics build -out is nearing completion. Staff is discussing the location of a pizzeria/take out restaurant in the former Uncle Al's location. Quest Diagnostics has received a Certificate of Completion. The buildout for Mango Spice restaurant is currently under review. Mango Spice will have their grand opening celebration on December 1, 2012. Town Center Phase II — Staff met with a potential developer for part of Phase II in late March 2012. No plans or concepts have been submitted to date. Staff has provided engineering information on Phase II of the Town Center to a potential developer but has not received any development proposals as of February 16, 2013. The Greens at Tuskawilla - Staff is working with the new owners of the Tuskawilla Greens parcel to finalize an update to the Development Agreement (DA) to accommodate 60 townhouse units on the same layout as the approved condominium plan. Staff will bring forward the new concept plan for the townhouses once they have reviewed the proposed changes to the plan and the DA. On July 6, the new owners submitted a combined Preliminary /Final Engineering Plan to modify the approved condominium plan. Staff review has been scheduled for August 2 at 9:30 a.m. The applicant requested the staff review meeting be re- scheduled for August 9, at 9:30 a.m. A Development Review Committee (DRC) meeting was held with the applicant on August 9, 2011. At this meeting, the applicant had an opportunity to review and ask questions of staff related to comments on the project. The applicant indicated he will be re- submitting plans based on staff's comments in the near future. A DRC meeting was held with the applicant on August 30, 2011 to address several minor issues related to the previous submittal. Based on the outcome of the meeting, the Preliminary /Final Engineering Plan and Aesthetic Review will be presented to the Planning & Zoning Board on September 7, 2011 and to the City Commission on September 26, 2011. The Planning & Zoning Board approved this item at the September 7, 2011 meeting. Consideration of the Final Engineering plans and the Aesthetic Review documents is scheduled for the September 26, 2011 City Commission meeting. The City Commission continued this item until the October 10, 2011 meeting to allow more time to understand the terms of the Fifth Settlement Agreement. On September 8, 2011 the applicant submitted a plat for the 60 townhome units. On September 27, 2011 a DRC meeting was held between the applicant and staff related to staff comments on the Informational 100 PAGE 11 OF 15 - February 25, 2013 plat. The Fifth Settlement Agreement, the Final Engineering Plans, Development Agreement, and the Aesthetic Review were approved at the October 10, 2011 City Commission meeting. The plat will be presented to the City Commission for approval at the October 24, 2011 City Commission meeting. The plat was approved by the City Commission at the October 24, 2011 meeting. Building permits for a sales trailer and townhome units are currently under review. A building permit has been issued for the sales trailer. Permit applications have been received for two buildings (8 units) in this development and have proceeded through the first review. Comments have been issued and the applicant delivered their response to comments on January 17, 2012. On January 25, 2012, the plat was recorded in the public records of Seminole County. The building permit for the first 4 -unit building is ready for issuance as of February 12, 2012. Construction of the first building (4 townhome units) is underway. An official groundbreaking ceremony is scheduled for April 18, 2012 at 3:00 PM. The official groundbreaking ceremony was held on April 18, 2012 at 3:00 PM. Construction on the townhome units continues. Final site acceptance is scheduled for the Commission's June 25, 2012 meeting. On June 29, 2012, the developer submitted building permits for the second building consisting of four (4) townhome units. Construction of the second building is nearing completion. A Certificate of occupancy has been issued for the second building. Weaver and Toledo properties — Staff is in receipt of an application for a rezoning and future land use map amendments for the Weaver and Toledo properties. The properties are located on the north side of SR 434, west of the intersection of DeLeon Street and SR 434. A rezoning for the Toledo property from C -1 (Neighborhood Commercial) to R -1A (One family dwelling district) is proposed. A small -scale future land use map amendment for the Toledo property is proposed to re- designate the property from Commercial, Conservation, and Conservation Overlay to Low Density Residential, Conservation, and Conservation Overlay. A rezoning for the Weaver property from R -Cl (Single - family dwelling district) to R -1A (One family dwelling district) is proposed. A large -scale future land use map amendment for the Weaver property is proposed to re- designate the property from Rural Residential, Conservation, and Conservation Overlay to Low Density Residential, Conservation, and Conservation Overlay. The applicant is proposing the construction of a single - family residential subdivision that will be constructed on portions of the two properties and portions of adjacent properties which are in the City of Oviedo. On November 5, 2012, staff met with representatives of the City of Oviedo to discuss issues related to project. On November 7, 2012, the Planning & Zoning Board unanimously approved the rezoning and future land use map amendments for both properties. This item was continued to a date certain of December 10, 2012 at the request of the applicant at the November 19, 2012 City Commission meeting. This item will be presented for first reading and transmittal of the large -scale future land use amendment to the State of Florida at the December 10, 2012 City Commission meeting. The City Commission unanimously approved first reading and transmittal of the large -scale future land use amendment to the State of Florida at the December 10, 2012 meeting. The second reading of the Toledo small - scale future land use amendment and rezoning will be presented for final approval at the January 28, 2013 City Commission meeting. These items were approved by the City Commission at the January 28, 2013 meeting. The adoption package of the large -scale future land use amendment for Weaver property is in the process of being sent to the Florida Department of Economic Opportunity for final review and approval. The applicant has indicated the proposed name of the subdivision is "Southern Oaks ". Winter Springs Village (previously known as Sonesta Pointe) — On October 12, 2011, Meritage Homes submitted 11 single - family residential building permits for review. The Informational 100 PAGE 12 OF 15 - February 25, 2013 building plans should be ready for issuance by October 21, 2011. The building plans are ready for issuance contingent upon issues regarding addressing being resolved. The applicant has submitted 11 building permits which are currently under review. All permits applications have been resubmitted with responses to staff comments. Four (4) permits are ready for issuance, three (3) permits have been sent for additional revisions, and four (4) permits are still being re- reviewed. Four (4) permits have been issued and vertical construction has commenced. Several building permits per week continue to be issued. Staff conducted an open meeting with the applicants on January 17, 2012. This meeting was the first of what will probably become a recurring meeting to discuss project progress, process improvement, assess priorities, and to work out any concerns with the project before they can cause schedule delays or increased review time necessitated by a lack of data or a misunderstanding of application requirements. The applicant has submitted a total of 32 permit packages. These submittals are in various stages ranging from construction to review, comment response, and ready to issue. On February 6, 2012, staff and representatives from Meritage Homes had a pre - construction meeting relating to the construction of infrastructure for Phase 2. Construction continues on various homes in Phase I of the project. Site work has begun on Phase II of the project. The plat for Phase 2 was submitted March 12, 2012 for approval. The first review is currently underway. An official groundbreaking ceremony was held on March 24, 2012. The Phase 2 plat is undergoing staff review and the Phase 2 site construction is underway. Aesthetic review for the clubhouse facility is on the City Commission's April 23, 2012 agenda. The City Commission unanimously approved the Aesthetic Review for the clubhouse facility at the April 23, 2012 meeting. Issuance of new permits for the development continues as does construction of the units. Site work continues on Phase 2 of the project. At the May 14, 2012 City Commission meeting, the plat for Phase 2 of the project was approved. The applicant and staff met at the Seminole County records center on May 31, 2012 to record the Phase 2 plat in the public records of Seminole County. Staff is currently finalizing the addressing for Phase 2 of this project. Building permits for homes in Phase 2 have been submitted for approval and construction on these Phase 2 units should begin in the near future. Construction of the Phase 2 units continues. Staff issued 34 certificates of occupancy in December 2012. Additional building permits continue to be issued as the project moves toward completion. Potential projects under discussion with staff — The following are items that have been discussed with staff but are not formal applications for development at this time. Staff will continue to advise the Commission on the status of the discussions: • Dittmer Property - Staff is in preliminary discussions with the engineer relative to a potential new proposal for this property. Staff has not received any plans as of November 29, 2012. On January 3, 2013, staff met with a potential developer of the property. • Mobil /7 -11 located at the southeastern comer of SR 434 and Tuskawilla Road. Staff has been discussing overall changes to this property to conform to the Town Center Code. This is an extremely important piece of property in terms of the road frontage for the T -5 section of the Town Center. While staff has been discussing a total redevelopment of the site, the applicant has also applied for signage changes to reflect the new ownership. Staff met with Mobil /7 -11 representatives on November 2, 2012 to discuss proposed renovations to the site. Staff awaits resubmittal of the proposal. To date, staff has not received any resubmittals of the proposal. Informational 100 PAGE 13 OF 15 - February 25, 2013 • A pre - application meeting is scheduled with representatives of 7 -11 on Wednesday, October 17, 2012 to discuss the potential construction of a convenience store with gas pumps on property located at the northeast comer of the intersection of SR 434 and SR 417 /Greeneway. Staff will continue to monitor this proposal but has no t received any formal submittals as of January 22, 2013. On January 31, 2013, Staff met again with the representatives of 7 -11 to discuss potential development of this project. On February 12, 2013, staff sent a letter to the applicant stating that the proposed project appeared to be inconsistent with the general purpose and spirit of the GID zoning district. Staff also had concerns over the project's access to SR 434 and the adjacent property to the west. Staff is looking into these items and will relay any additional information to the applicant. • On November 28, 2012, staff had a pre - application meeting for a property located at 820 W. State Road 434, west of Barclay Reserve Townhomes. The applicant proposed the development of two (2), 20,000 square foot office /commercial buildings on the property. Staff will continue to monitor this proposal but has not received any formal submittals as of February 15, 2013. • A proposal has been presented to staff for the property west of Barclay Reserve that is currently in Seminole County. The proposal is for the development of 67 townhome units. This would require annexation of the property into the City. Staff is assessing the request. • On January 24, 2013, Staff met with representatives of Primrose School to discuss potential construction of a daycare center on the commercial parcel adjacent to the Heritage Park townhome development. Negotiations are ongoing. • Staff has met with the land owner and an applicant who wants to construct The Learning Experience (a daycare facility) on the Stone Gable commercial parcel. Staff is working with the City Attorney to structure a new Development Agreement (DA) for the parcel that would allow C -1 uses only. The original DA was never recorded. On February 12, 2013, staff sent a letter to the property owner indicating the Master Plan for the Stone Gable PUD which was approved unanimously by the City Commission on March 10, 1997 permits all C-1 (Neighborhood Commercial) uses by right. This includes daycare centers. Therefore, staff will not be processing a Development Agreement for this property. This letter also informed the applicant that all development proposals are required to obtain City Commission approval in a Public Hearing. FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: Informational 100 PAGE 14 OF 15 - February 25, 2013 This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations /Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff requests the City Commission receive and review the information provided in this Agenda Item. ATTACHMENTS: None Informational 100 PAGE 15 OF 15 - February 25, 2013