HomeMy WebLinkAbout2009 10 12 Regular 604 Request To Consider Allowing The Option Of A Continuous Care Retirement Center (CCRC) Or An Independent Living Facility (ILF) Within Parcel 14-BCITY COMMISSION
AGENDA
ITEM 604
Consent
Information
Public Hearin
Re ular X
October 12, 2009
Meeting
MGR. DEPT
` Authorizatio
REQUEST: The Community Development Department requests that the City
Commission consider allowing the option of a Continuous Care Retirement Center (CCRC) or an
Independent Living Facility (ILF) in lieu of 100 Townhouse/condominium units within Parcel
14-B of the Oviedo Marketplace PUD (and Development of Regional Impact - DRI).
PURPOSE: On August 10, 2009, the City Commission approved the allowance of up
to 100,000 square feet of personal storage/mini-warehouse. An implementation agreement to
allow this use is the subject of Agenda Item 600 on the Commission's October 12, 2009 regular
meeting. Additionally, the applicant is requesting that the remaining portion of Parcel 14-B,
currently approved for 100 townhomes/condominiums, be allowed options for a maximum of
184 independent living units or a maximum of 318 assisted living beds (CCRC). This agenda
item is to request advisability from the Commission relative to the allowance of the additional
options.
APPLICABLE ZONING & FUTURE LAND USE DESIGNATION:
Zonin :PUD
Future Land Use Desi ng ation: Mixed Use (with partial conservation overlay)
APPLICABLE LAW AND PUBLIC POLICY:
Chapter 380, Florida Statutes
Comprehensive Plan
Chapter 20 Article IV. Planned Unit Developments (PUD), Division 2. Part A. PUD
Development Order
CHRONOLOGY:
1995 -Property annexed into Winter Springs
Aug. 8, 1995- Amended Settlement Agreement between City of Winter Springs, City of Oviedo,
The Viera Company and Rouse-Orlando to provide for better intergovernmental relations and
coordination of planning efforts.
October 12, 2009
Regular Agenda Item 604
Page 2 of 8
Nov. 12, 2001- Ord. 2001 -45 changed the Future Land Use Map designation from Seminole
County "Planned Development" and "Conservation" to City of Winter Springs "Mixed Use
Nov. 12.2001- DRI Development Order approved by the Winter Springs City Commission.
Jan. 14, 2002- Ord. 2001 -58 changed the Zoning Map designation from Seminole County
"Planned Unit Development" to City of Winter Springs "Planned Unit Development
Nov. 1 2005- Notice of Proposed Change submitted to the City of Winter Springs, to the East
Central Florida Regional Planning Council, and to the Bureau of State Planning, Department of
Community Affairs.
Dec. 16. 2005- Response from the East Central Florida Regional Planning Council opining that
the proposed changes do no result in an automatic substantial deviation determination pursuant
to the threshold criteria of section 380.06(19),Florida Statutes.
Dec. 20. 2005- Public Hearing date notification sent to East Central Florida Regional Planning
Council and to the Bureau of State Planning, Department of Community Affairs per
380.06(19)(f)3 -4, Florida Statutes.
Dec. 22.2005- LPA Ad in Orlando Sentinel
Dec. 22. 2005- Response from the Bureau of State Planning, Department of Community Affairs
received with objections to the proposed request.
Dec. 22. 2005- Request from Applicant's Attorney to postpone to a date certain (Feb. 1, 2006)
the LPA public hearing.
Jan. 4, 2006- LPA hearing postponed to date certain- Feb. 1, 2006.
Feb. 1.2006- LPA heard the request for amending the DRI Development Order and was unable
to get a majority vote for recommending either approval or denial of the request. Each motion
resulted in a 2 -2 vote.
Feb. 16.2006- Public Noticing in Orlando Sentinel of Public Hearing for DRI NOPC
Feb. 27. 2006- Commission postponed consideration of the Oviedo Marketplace DRI NOPC to
Date Certain (March 27, 2006) to preserve the advertising, at the request of the Applicant.
March 22.2006- Applicant held an informal meeting with neighbors and interested persons.
March 27.2006- Commission approved NOPC for as many as 100 town homes.
January 22, 2007 Commission approved PUD amendment and lot split dividing Parcel 14.
July 1, 2007 -Any DRI under construction on July 1, 2007 is provided a 3 -year extension without
NOPC, pursuant to Subsection 380.06 (19) (c), FS (2007), as amended by HB 7203.
July 23. 2007 Commission approved Inwood final engineering /site plan and draft wholesale
water sewer agreement with Seminole County.
September 25, 2007 Seminole County BCC approved wholesale water and sewer agreement.
August 10, 2009 Commission approved the inclusion of up to 100,000 square feet of personal
storage on Parcel 14 -B in lieu of the retail use previously approved. This approval was subject to
Page 2
October 12, 2009
Regular Agenda Item 604
Page 3 of 8
the approval and execution of an appropriate facilitating documentation, which has been
determined to be an implementation agreement.
CONSIDERATIONS:
Proiect Synopsis
The Oviedo Marketplace DRI (formerly Oviedo Crossing) is contained within three jurisdictions:
Seminole County, the City of Oviedo, and the City of Winter Springs. The only portions of the
DRI within the City of Winter Springs are Parcel 14A (Inwood Office site) and the undeveloped
residual Parcel 14B (3.86 acres in 14A 45.6 acres in 14B 49.5 total acres). A previously
approved development program for the Oviedo Marketplace DRI allowed residential use within
the DRI, although it was not specified for Parcel 14. The Notice of Proposed Change (NOPC),
as approved by the City Commission on March 27, 2006, allowed the owner to convert 29,000
SF of the 160,000 SF total retail use allocated to this parcel into as many as 100 residential units
(townhouses or condominiums). In August 2009, the applicant requested to be allowed to
construct up to 100,000 SF of personal storage /mini warehouse in lieu of retail, on the southern-
most portion of Parcel 14 -B. The Viera Company, owner of the Oviedo Marketplace, indicated
that it considered the indoor storage facility the same as retail. They requested the Commission
provide direction, before proceeding with an Implementation Agreement or other facilitating
documentation to authorize the change. Now the applicant is requesting that the remaining
developable portion of Parcel 14 -B, currently approved for 100 townhomes /condominiums, be
allowed an option for a maximum of 184 independent living units or a maximum of 318 assisted
living beds (CCRC). These options would be in lieu of the currently approved 100
townhouse /condominium units and are the maximum number of units allowable if the entire
remaining developable portion of Parcel 14 -B were devoted to the single unit type. Any request
to integrate two or more of the proposed options would require additional negotiations.
Location Parcel 14B (Tax parcel ID 17-21-31-300-001H-0000) is located west of the Oviedo
Marketplace Mall and Dovera Drive and north of Red Bug Lake Road.
Total Acreaae- 45.6 acres more or less (approximately 11.24 developable acres).
Site Information The property (Parcel 14B) is part of the Oviedo Marketplace Development of
Regional Impact and was formerly known as Oviedo Crossing and DLI Properties. The overall
DRI is a mixed use development consisting of approximately 431.2 acres. The DRI which is
located in Seminole County at the intersection of the Central Florida Greeneway and Red Bug
Lake Road includes a large regional shopping center, a medical campus and wellness center, and
several small parcels with retail, office and residential uses.
As previously mentioned, the Oviedo Marketplace DRI is contained within three jurisdictions:
unincorporated Seminole County (163 acres), the City of Oviedo (218.6 acres), and the City of
Winter Springs (49.5 acres). The only portion of the DRI within the City of Winter Springs
consists of parcels 14A and 14B. It is the only DRI within the City of Winter Springs.
Parcel 14B compliments and provides a transition between the mall and the adjacent residential
neighborhoods. Parcel 14B has a "Mixed Use" Future Land Use and a "Planned Unit
Development" Zoning designation. The parcel is vegetated primarily with wetland hardwoods.
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October 12, 2009
Regular Agenda Item 604
Page 4 of 8
Existing wetlands on the site, in conjunction with an existing settlement agreement on the DRI
reduces the developable acreage from 45.6 acres to about 11.24 acres.
Existine Land Uses Of the 49.5 acre Winter Springs portion of the Oviedo Marketplace DRI,
Parcel 14B is still undeveloped. The Inwood office building was constructed on the 3.81 acre
parcel 14A in 2007, after Parcel 14 was divided via a lot split. Adjacent existing land uses,
zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Undeveloped
North
Single Family Residential
PUD (WS)
Medical Offices PUD (SC)
Hospital /Office; Retail /Office; PUD (OV)
and Stormwater Retention PUD (SC)
Single Family Residential R -1A (SC)
Mixed Use (WS)
PUD (WS) Low Density Residential
(WS)
PD (SC)
PD (OV) HIPD (SC)
Low Density Residential
(SC)
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Existine Winter Shrines DRI Development Order Parcels 14A and 14B are currently
designated as retail /office, with the ability to convert 29,000 square feet of retail /office to as
many as 100 town -house dwelling units, with a "build -out" date of December 31, 2007. Of the
49.5 acres, only 15.1 are stated to be developable (15.1 developable acres 3.86 Inwood .11.24
acres of residual developable land).
Oviedo and Seminole County DRI Development Orders Each was amended during 2005,
extending the build out date to late 2007. Additionally, The Oviedo DRI Development Order
removed 10,000 SF of retail space from Parcel 13 (which is adjacent to Tuscawilla Units 7 13
in Winter Springs) and replaced it with 180 townhouses.
Amended Settlement Agreement- The Amended Settlement Agreement of 1995 prohibits
development within 250' of the boundary of the project, requires stepping the height of buildings
depending upon the setback distance, and requires a buffer to the residential areas. Bike Paths
and Pedestrian Walkways are required as alternative forms of transportation on the project site.
Winter Springs may, but is not required to provide municipal services to Parcel 14.
NOPC to the DRI Development Order: The applicant proposed to amend the DRI Development
Order for Parcel 14 as follows: 1) add townhouse to the equivalency matrix; 2) convert 29,000
SF (of the 160,000 SF total retail use allocated to this parcel) into 132 residential units; and 3)
extend the build out date from 12/31/05 to 12/30/07, an extension of two years, less one day.
The City Commission approved the request, but allowed a maximum of 100 residential town
home units. In 2007, the Florida legislature passed HB 7203, which amended Chapter 380, FS
(Subsection 380.06 (19) (c), FS), to extend any DRI under active construction as of July 1, 2007
(the word "construction" was not defined) was extended for three (3) years free and clear without
any need for an NOPC. The Commission approved the concept of substituting up to 100,000
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October 12, 2009
Regular Agenda Item 604
Page 5 of 8
square feet of indoor storage for retail at its August 10, 2009 meeting. If the Commission agrees
with the concept of allowing the additional options for the independent living units or the
assisted living beds (Continuous Care Retirement Center), staff will work with the City Attorney
to craft the appropriate methodology for allowing the additional options.
Facilities and Services
Mitigation for all traffic impacts through the build out date has been completed. As stated in the
Seminole County Development Order, the Seminole County Commission has determined that
"adequate public facilities are available for Phase 1, Phase 2, and Phase 3 of the Project." Phase
3 of the development plan includes development of Parcel 14 (parcels 14A and 14B).
Major access to the site is by way of Red Bug Lake Road, a 6-laned minor arterial roadway,
currently operating at Level of Service "B", between Slavia Road and SR 417. The
Development Order is required to not reduce the levels of service below the adopted level of
service standards (9J-5.0055, FAC). The site has direct access to Dovera Drive and there is a
recorded cross-access easement between Parcel 14B and the adjacent property to the south along
Dovera Drive (Lot 12). Personal storage facilities have very low traffic generation rates, in
comparison to retail, office, or residential and peak hours of traffic generation are typically
different than those of retail, office, or residential.
Seminole County currently provides water and sanitary sewer via a utility service agreement
between Seminole County and the City of Winter Springs. The County has indicated that there
is sufficient capacity to serve the development without lowering the County's adopted level of
service.
Fire and Police have in place a First Responder Agreement, which means that the closest station
responds to the emergency. The closest station to Parcel 14 is Seminole County Fire Station 27
on Red Bug Road. The closest Winter Springs Fire Station is Station 26 on Northern Way in
Tuscawilla.
Compatibility with Surrounding Development
The proposed development is compatible with surrounding uses including the Florida Hospital
Sports Medicine and Rehabilitation Facility.
Compatibility with Comprehensive Plan
The proposed change is consistent with the adopted future land use designation of Mixed Use
(which allows residential along with retail and office commercial and which stipulates that no
more than 75% of any one type of land use will be permitted to dominate the site [Future Land
Use Element, Policy 4.2.1]).
Financial Analysis
The applicant is requesting that the remaining portion of Parcel 14-B, currently approved for 100
townhomes/condominiums, also be allowed an option for a maximum of 184 independent living
units or a maximum of 318 assisted living beds. These numbers represent the maximum
allowance for each unit type if the entire remaining portion of parcel 14-B were used. Any
proposed integration of two or more of these unit types would require a negotiation based on, but
not limited to, traffic generation numbers and a modified financial analysis of any proposed
integration.
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October 12, 2009
Regular Agenda Item 604
Page 6 of 8
The potential tax revenue of the three proposed development scenarios is as follows:
Townhouse/condominium (100 units
Units (1845 square feet) -assessed at $90/square foot: $16,605,000 assessed tax value
$16,605,000/1000 = 16,605
16,605 (2.5814) _ $42,864.15
$42,864.15 (less the 4% statutory discount) _ $41,149.58 tax revenue
Independent livin fg acility (184 units)
210,893 square feet -assessed at $70/square foot: $14,762,510 assessed tax value
$14,762,510/1000 = 14,762.51
14,762.51 (2.5814) _ $38,107.94
$38,107.94 (less the 4% statutory discount) _ $36,583.63 tax revenue
Assisted livin facility~318 beds), aka: Continuous care retirement center
283,195 square feet -assessed at $70/square foot: $19,823,650 assessed tax value
$19,823,650/1000 = 19,823.65
19,823.65 (2.5814) _ $$51,172.77
$51,172.77 (less the 4% statutory discount) _ $49,125.86 tax revenue
Traffic Analysis
Parcel 14 of the Oviedo Marketplace Development of Regional Impact originally allowed a
retail/office land use of up to 160,000 square feet (SF). A Notice of Proposed Change (NOPC)
was approved by the City Commission on March 27, 2006 allowing 29,000 SF of the 160,000 SF
of retail/office use on Parcel 14 to be converted to a maximum of 100 residential townhome
units. Of the remaining 131,000 SF of retail/office, 45,000 SF has been consumed by the
existing Inwood office building, leaving 86,000 SF of available retail/office use on Parcel 14.
The current proposal would substitute up to 100,000 SF of storage /mini-warehouse for the
remaining 86,000 SF of retail/office, and it allows the 100 residential townhome units to be
developed as either 100 residential units (townhome or condominium), 184 senior adult
independent living units, 318 assisted living beds, or some equivalent combination.
As shown in the table below, the proposed land use change to storage /mini-warehouse results in
a significant reduction in the potential daily trip generation for Parcel 14.
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October 12, 2009
Regular Agenda Item 604
Page 7 of 8
Land Use Size Daily Trip
Generation
(ITE)
Original Plan
Retail Office 160,000 SF 9,218
NOPC Update March
2006
Retail Office
Townhome Condo
Current Plan
Inwood Office Building
Retail Office
Townhome Condo
LPronosed Plan
Inwood Office Building
Mini Warehouse
Residential*
Total
Total
Total
131,000 SF
100 units
45,000 SF
86,000 SF
100 units
45,000 SF
100,000 SF
100 units
8,094
642
8,736
721
6,157
642
7,520
721
250
642
1,613
Residential units may consist of either 100 townhouse /condominium units, 184 senior adult
housing units (Independent living facility), or 318 beds (Continuous Care Retirement Center).
Residential unit types may be mixed as long as the total daily residential trip generation does not
exceed 642.
FINDINGS:
1 The proposed uses are consistent with the City's Comprehensive Plan.
2. Staff has received multiple inquiries over the past several years relative to the need for and
possible provision of senior care and housing facilities in the City of Winter Springs.
3. The proposed uses will be compatible with surrounding development, including the Florida
Hospital Sports Medicine and Rehabilitation facility.
4. The proposed use options significantly reduce the potential trip generation for Parcel 14.
5. The preliminary financial analysis indicates a potential reduction in tax revenues of $4,500 if
the independent living facility were fully developed and a potential increase in tax revenues
of $8,000 if the continuous care retirement center were fully developed.
RECOMMENDATION: Staff recommends the City Commission consider the
allowance of an independent living facility (up to 184 units) or a continuous care retirement
center (up to 318 beds) on the remainder of Parcel 14 -B as options to the currently approved 100
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October 12, 2009
Regular Agenda Item 604
Page 8 of 8
townhouse/condominiums and provide direction to staff as the Commission deems appropriate.
If the City Commission determines that it wants to pursue the allowance of the proposed options,
staff requests the Commission authorize staff and the City Attorney to research the appropriate
process and prepare the necessary documents to facilitate the allowance.
ATTACHMENTS:
A- Locale Maps
CITY COMMISSION ACTION:
Page 8
ATTACHMENT A
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