HomeMy WebLinkAbout2007 01 03 Public Hearing 200 Oviedo Marketplace Parcel 14
P & Z AGENDA
ITEM 200
January 3. 2007
Meeting
Consent
Information
Public Hearing
Regular
MGR
DEPT
Authorization
REQUEST:
The Community Development Department - Planning Division requests that the Planning and
Zoning Board hold a Public Hearing to consider a PUD amendment for Parcel 14 of the Oviedo
Marketplace PUD (and 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 (49.5 acres). The previously
approved development program for the Oviedo Marketplace DRI allowed residential use within
the DRI, although it was not specified for Parcel 14. The 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. This PUD amendment
serves as the preliminary development plan, which is the set of documents delineated in Section
20-356 of the City Code. These documents serve as the general development standard for the
PUD district. The PUD amendment depicts the initial division of the property and primary
roadway, sanitary sewer, and potable water stub-outs.
The City Attorney has opined that the amendment should proceed through the process set forth in
Part A of the PUD section and that we might bear in mind that some of the PUD issues in the
Code have already been addressed through the DRI process. The issues that have already been
addressed through the DRI process include, but are not limited to, the following: the DRI master-
plan, storm-water management, and phasing; maximum height; the maximum number of
residential units; and setbacks from the existing Tuscawilla residential development (Unit 7).
Some specific issues related to the future development of this site are unknown at this time. The
first portion of Parcel 14 to develop will establish a portion of the pattern to which the rest of
Parcel 14 must be designed to accommodate.
APPLICABLE LAW AND PUBLIC POLICY
Chapter 380. Florida Statutes
January 3, 2007
Public Hearing Item 200
Page 2 of5
Chapter 20. Article IV. Planned Unit Developments. Division 2. Part A. Planned Unit
Development
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- 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. 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 3 80.06( 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)(t)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 a date certain (Feb. 1, 2006)
the LP A public hearing.
Jan. 4. 2006- LP A hearing postponed to date certain- Feb. 1, 2006.
Feb. 1. 2006- LP A 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.
Page 2
January 3,2007
Public Hearing Item 200
Page 3 of5
CONSIDERATIONS:
Location - Parcel 14 (Tax parcel ID # 17-21-31-300-00lH-0000) is located west of the Oviedo
Marketplace Mall and Dovera Drive and north of Red Bug Lake Road.
Total Acreage- 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. 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.
The Oviedo Marketplace DRI 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 DRI
within the City of Winter Springs is Parcel 14. The Oviedo Marketplace DRI 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 DRI reduces the
developable acreage from 49.5 acres to 15.1 acres. Part of the 15.1 acres designated for
development through the DRI approvals are comprised of mixed wetland hardwoods (see sheet 6
of 12) - the applicant needs to demonstrate adequate mitigation has been or will be accomplished
for those wetlands that are to be developed.
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 Uses Zoning FLUM
Subject Sites Undeveloped
PUD (WS)
Mixed Use (WS)
North
Single Family Residential
PUD(WS)
Low Density Residential
(WS)
South
East
. ....... .... ............................ ..........m............."..._................................"................................... .............. ................-.................... ....
Medical Offices PUD (SC)
. ................................. .......................__............,............. .........................._.... ......... .......,,_....................m.......................
Hospital/Office; Retail/Office; PUD (OV)
and S to~~~!~~~C?!~~!i.~J:lwmwww?gp(~gl......
Single Family Residential R-IA (SC)
.................................
PD (SC)
...~........ .. ....-..........................-............ ................................... ..
& PD (OV) & HIPD (SC)
West
Low
(SC)
Density Residential
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The majority of the DRI is built-out. The build-out date has been
extended for Phase 3 (by Seminole County, Oviedo, & Winter Springs) from 2005 to 2007.
Page 3
January 3, 2007
Public Hearing Item 200
Page 4 of 5
Existing Winter Springs DRI Development Order - Parcel 14 is 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 developable.
Oviedo and Seminole County DRI Development Orders - Each were 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 oftwo years, less one day.
The City Commission approved the request, but allowed a maximum of 100 residential town-
home units.
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 ofthe 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 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. City staff
recommends this approach - an agreement for the County to wholesale water and sewer services
to the City to serve Parcel 14. Indeed, there are no utility easements from Duncan Drive
(Tuscawilla Unit 7) to the property to allow access to the City's water and sanitary sewer
infrastructure. 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.
Page 4
January 3,2007
Public Hearing Item 200
Page 5 of5
Compatibility with Environmental Regulations
At this time, there are still questions regarding what mayor may not have been vested from the
overall DRI approvals and the applicability of the City's Comprehensive Plan (e.g. 25' upland
wetland buffer requirement and demonstration that the existing wetlands within the 15.1 acres
were previously mitigated for development). Staff believes that if wetland mitigation and/or
buffers were already approved for the entire site, the applicant must demonstrate approvals and
vesting. Staff believes that a listed species survey will be required with the specific site and/or
subdivision plan submittals.
Compatibility with Surrounding Development
The proposed development is compatible with surrounding uses, given the Amended Settlement
Agreement and DRI 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. Staff has inquired of the applicability of
several of the Comprehensive Plan environmental requirements to the City Attorney. It appears
that the applicant must demonstrate prior approvals from the regulatory agencies and show
vesting before any actual construction may occur.
Staff has made the following findings:
FINDINGS:
1. The proposed PUD amendment for the Oviedo Marketplace Parcel 14 is compatible with
state and federal environmental regulations;
2. The proposed PUD amendment is compatible with surrounding development;
3. The proposed PUD amendment is compatible with the City's Comprehensive Plan;
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend the City Commission
approved the proposed PUD amendment, subject to the applicant demonstrating that the wetlands
depicted within the 15.1 acres have been mitigated through the appropriate agency and that
upland buffers have been previously approved for the site. Otherwise, the applicant must
preserve wetlands and provide the 25' minimum upland buffer or mitigate for the wetlands
within the 15 acres through the subdivision process.
ATTACHMENTS:
A- Oviedo Marketplace PUD amendment submittal
P&Z ACTION:
Page 5
Community:
Unincorporated Are
Seminole County,
CERTItIED MAIL
RETURNRECElPT REQUESTED
IN REPLY REFER TO:
Case No: 914004
(102A)
:.
The Honorable Sandra Glenn .
Chairman, Seminole County Board
of Commissioners
101 East First Street
Sanford, Florida 32771
Map Panel Affected:
120289
Effective Date:
MAR 25 I99I RECEIVED
DEe 2 6 2006
CITY OF WINTER SPRINGS..J'
Permitting & Licensing ,
"This is in response to a letter. dated September 27, 1990 from
Jofr. Richard D. Merkel. P.E., of Professional Engineering Consultants, Inc.
to the Federal Emergency Management Agency (FEMA) regarding the Flood
InsuranceStudy (FIS) for the Unincorporated Areas of Seminole County,
,Florida. Mr. Merkel requested that FEMA revise the effective FIS to modify
the Special Flood Hazard Area (SFHA) associated with D.L.I. Properties north
of Red Bug Lake Road in the vicinity of Bear Gully Canal, based on more
detailed topography and hydrologic and hydraulic analyses. All data required
to suppor this request were submitted by Mr. Merkel with his letters ,dated
September' 27 and December 21, 1990. The data submitted included Technical
Publication SJ,84-9 (Volumes I and II), titled "Howells Branch Basin Study,"
prepared by the St. Johns River Water Management District. dat~d August 1984;
and a topographic map~ "titled "D.L.I. Properties, Inc.," prepared by
Professional" Engineering ",:Consultants., . Inc., .at a. ,scale of 1: 2400. dated
December 21,1990.
Dear Ms. Glenn:
We have reviewed the information submitted by Mr. Merkel and agree that the
Flood Insurance Rate Map (FIRM) for Seminole County should be revised. Based
on the more detailed topographic data,' and the hydrologic and hydraulic
analyses submitted. tbe SFHA along Bear Gully Canal increases by as much as
1.250 feet at a point .about 600 feet upstre'am of Red Bug Lake Road. In
addition an SFHA located: about , 3,400 'feet' west of the confluence of
Lightwood Knox Canal with Bear Gully Canal has been. revised to Zone C. The
SFHA increases are located on the D.L.I. Properties. The revised SFHAs are
shown on the enclosed annotated copy of FIRM Panel 0165D.
This Letter of Map Revision (LOMR) officially revises the effective FIRM
Panel 0165D for the Unincorporated Areas of Seminole' County" Florida dated
December 5,1989', .. The 'revised SFHAb is, effective as of the date of this
letter. Any requests for further modifications to the community's FIRM, or
for reconsideration of this LOMR. must be based on scientific or technical
data.
The FIS for the Unincorporated Areas of Seminole County, Florida, is
currently being revised. This LOMR will be incorporated in a Preliminary FIS
anticipated to be mailed to you by April 1991.
Since this LOMR will not be printed and distributed at this time to primary
map users such as local insurance agents and mortgage lenders, the community
will serve as a repository for this new data. We encourage you to
disseminate widely throughout the community the information reflected by this
LOMR in order that interested persons such as property owners. insurance
agents and mortgage lenders may benefit from this information. We also
encourage you to give consideration to preparing an article for publication
in the community's local newspaper. This article should describe the changes
that have been made and what assistance the community will provide in serving
as a clearinghouse for this data and interpreting National Flood Insurance
Program (NFIP) maps.
;~:
This LOMR is based on mJ.nJ.mum criteria established. by FEMA. for floodplain
management regulation and has been issued pursuant to Section 206 of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) and in accordance with
the National Flood Insurance Act of 1968, as amended (Title XIII of the
Housing and Urban Development Act of 1968, P.L. 90-448) 42 U.S.C. 4001-4128
and Title 44, Part 65, of the Code of Federal Regulations (CFR). Community
officials, in response to local conditions and in the interest of human
safety, may set higher standards for construction in the floodplain than the
minimum criteria establi~hed by FEMA. If the State of Florida or Seminole
County has adopted more restrictive or comprehensive floodplain management
criteria, those criteria take preceden,ce over the minimum Federal criteria
for the purpose of regulating development in the floodplain. This policy is
set forth in Section 60.1(d) of the NFIP regulations (Title 44, Part 60, of
the CFR).
Should you have any questions regarding the revised SFHA, please contact
Mr. Glenn C. Woodard, Chief, Natural and Technological Hazards Division of
FEMA in Atlanta, Georgia, at (404) 853-4444, or Mr. James Walke of our
Central Office staff in Washington, D.C., at (202) 646-2751.
Sincerely,
vJ JJllcS< ~k--
William R. Locke
Acting Chief, Risk Studies Division
Federal Insurance Administration
Enclosure
cc: . Mr. Richard D. Merkel, P.E.
Professional Engineering Consultants, Inc.
Local Map Repository
Federal Emergency Management Agency
Washington, D.C. 20472
MAR 2 5 1991
Community No.:
120289
The Honorable Sandra Glenn
Chairman, Seminole County Board of
Commissioners
1101 East First Street
Sanford, Florida 32771
RE: Flood Insurance Study for the Unincorporated Areas of Seminole County,
Florida
Dear Ms. Glenn:
The Federal Emergency Management Agency previously supplied your community
with Flood Insurance Study (FIS) data to ,aid in your efforts to accomplish
sound floodplain management. At that time, it was requested that you
maintain the data in a repository where they would be available for use as
needed. Since that time, additional data have become available, which we are
now transmitting to you. Please include these data in your repository so
they are available for use. Anyone requesting published data pertaining to
your community will be advised that additional data may be available through
the community map repository.
~
To assist in your efforts to maintain a current listing of additional data
supplied to you at various times, we have enclosed an inventory of current
FIS data entitled, "List of Current FIS Data." Any future transmittal of
additional and/or revised data for your community will be accompanied by a
revision to this inventory until a physical map revision is warranted. At
that time, all additional and/or 'revised data previously submitted to your
community would be incorporated in the physical map revision, and the List
of Current FIS Data would be superseded.
If you have any questions, please call our Central Office staff in
Washington, D.C., at (202) 646-2767.
Sincerely,
v.~\.~. Lr~
William R. Locke
Acting Chief, Risk Studies Division
Federal Insurance Administration
Enclosure
Date Prepared: MAR 25 1991
LIST OF CURRENT FLOOD INSURANCE STUDY (FIS) DATA
Unincorporated Areas of Seminole County, Florida
Community ID No: 120289
This list replaces previous list dated: February 8, 1991
DATA DATE OF CURRENTLY EFFECTIVE DATA
o Flood Insurance Rate Map:
Index:
Panel(s) :
December 5; 1989
0010B, 0030B, 0035B, 0045B, 0055B,
0065B, 0105B, 0110B, 0115B, 0120B,
0130B, 0135B, 0140B, 0145B, 0155B,
0210B, 0255B
May 5, 1981
0020C, 0040C
January 16, 1987
0070D, 0080D, 0090D, 0095D, 0160D,
0165D, 0170D, 0180D, 0185D, 0190D,
0195D, 0230D, 0235D, 0260D
December 5, 1989
~
Panel(s) affected by Letter of
Map Revision: 0040C
February 8, 1991
0165D
MAR 2 5 1991
o Flood Boundary and Floodway Map:
Index:
Panel(s):
May 5, 1981
0045, OlIO, 0120, 0130, 0135,
0140, 0145, 0155
May 5, 1981
Panel(s) affected by Letter of
Map Revision: NIA
o FIS Text: December 5, 1989
o Other Data: None
Flood Insurance Rate Map
Seminole County, Florida
Panel 165 of 260
~<If1,to ~ V~ o/~/~'1.
~ U Henry De.n, e~'r.\)t1'8 Dlre~IOr
Mildred G. Horton, A..1.1ant executive Director
John R. Wehle, Aulltant Executlvl DllIc10r
POST OFFICE BOX 1429 . PALATKA. FLORIDA 32078-1429
9041328-8321
AJ:.r I I 8, 19f3'~
.:J 7115 a.a""".dcwI Way
BlOit.'02 .
Jacklonvlll., FL. 322M
(900' 7~270
o at8 e. SOUlft 91.
Otllnoo. fL 32801
IA07) f;AoiAU
DUDA ~ANDS, INC.
P.O. BOX Z:67
OVIEDO, F~ 32765
Legal & J ~j~l t~atB
ReCldtF
Rt::, P.rmit
GoV&rnlns Bt;liLrd
(.n .January .1.0,
ThiS pennlt 1$ a I&sal documen"C iLnd ihclulcl be kept
with your other ImportiLnt documents. The attached Comple"C'on
Report should be '1 I led In and returned to the Pal atka olllce
Within thirty days after the work I. completed. ~y so oOlng, you
wil I enable UlI to schedule it. prompt inspection 0' "Che perml"Cteo
activity.
In addition to the completion report, your permit also
contiL.ns conditions which require submittal 0' additional
In' (. I'm. t lor, . ..' Bll_.l.D..f.ar.ml!.ii.!.!ul_.1Y.2ml!:!!.l,g_!,L~2.!D2l.!.~!:!~.!_:!!2_2!.!:!!l.L:L
~2ngl!.L2n~_!!lY~!_2!._AY~m~!1~g_1a_:!!h.!_e~l~!~~_2.f..f..l.~.!_~2,gC2~~.
Permit ilsu~nce doe. not relieve you frQm the responslbiilty
~f obtalnlns permits from any Federal, state, and/or local
agencIes .ssertlna concurrent .JuriSdiction 'or this work.
In tne event you sei I your proper"Cy, the permit wi I I pe
trans'erred to the new owner, i' we are notifIed by you within
ninety days of the s~le. Please iLssist ~s In thiS matter so .s
to maIntain a valid permit 'or the new property owner.
Th.ok you '01'" your cooperation and if thiS office can be of
any further assistance to you, please do not helita~e to ~ontact
us.
Srncerely,
DTK; I h
Enclosures. Perm~t With Completion Report"
c c. .;cHPu /j"lt~1 c t Perm ..cLLIt.. .oar". JR.
Cha.,man . V,ro Bl&c" Vie. Chairman. Pal.lkl
SAUNDRA H. QRAY
Stcrttlrv . OISary
RALPH It SIMMONS
Trllsurer. h'l'1If\d!nl alien
VAl. M. STEELE
M',bo&orn. B.aol\
TkOMA9 ~. DURRANCE
Ho:.Y' Hill
~CE E. "'L~
luaeur;
SAM L. SWEr.
Jlcklonvlllt
"Lie. J. WEINBERG
Lor-.gwoocI
ST JOHN RIVER WATER MANAGEMENT DISTRICT
A PERMIT AUTHORIZING:
JEFF ELLEDGE
HENRY DEAN
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
FORM EN-l
PERMIT NUMBER:
4-117 -Q213C
PERMITTEE:
DUDA LANDS. INC.
Name
P.O. BOX 2S7
Address
OVIEDO, FL 32765
Phone Number
KAME OF PERSON TO BE CONTACTED IN REFERENCE TO PERMIT CONDITION&
FOR PERMITTEE
Form EN-l
Name
Address
Phone Number
Position
: I
.0" .~'.~
,.
i.
\
\
POST DEVELOPMENT DRAINAGE CONDITIONS
EXHIBIT A
CONDITIONS FOR
DUDA LANDS INC
DATED JANUARY 10, 1989
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G"''l'E !.!>.NDS cORP./G.t... Ai'PLICATION NO. 12-031-000"1'" /i1.lrJ~ f'1tclr"" s::rnwf""O
HARRY DUXE, "PPLICATION NO. 12-031-0008'" f.>oM\.O ....---', "F.!!' Pj...Ji
wOODSIDE REALTY :NVESTMENTS, "'PPLICATION NO. 12-095-0001A "'~''- ,~_.
~~~L~O~~/~~iRrk~t~~Es~~Pk~iti2~~I~~' N~:0~:o~~~6~~~~NT C~,.I(,,(+, f6(tm,r
I.e. NORRIS, Ai'PLICATION NO. 2-109-0239ANT
40C-l.07 Den~!!ls
BARNETT BANKS. TRUST CO. NA, AP?~ICA'l'ION NO. 2-069-0572AU~
STONE BRO~HERS FUNERAL HOME. APPL1CAT~ON NO. 42-061-0223A1
Mr. Elledge noted that Apolieation No. 2-009-0019AURM, H & S. Groves.
Inc. and Application No. 2-009-0023AUMR. Brevara Groves, Inc. on the
Consent Agenda had been ehanged from two years to seven years.
Mr. Smitn declared a conflict of interest on "'pplicat1on No. 4-019-
0015~~4, Union Camp Corporat1on.
MO'l'ION BY MR. HIL~. SECONDED BY MR. DURRANCE, THAT THE BOARD APPROVE THE
CONSENT AGENDA AS CONTAINED IN THE REGULATORY FOLDER AND AS AMENDED IN
THE ADDENDUM. MOTION CARRIED UNANIMOUSLY ON ALL APPLICA'l'IONS, WITH THE
EX:EPTION OF APi'LICATIDN NO. 4-019-0015AM4, UNION CAMP CORPORATION, ON
wHICH MR. SM!TH ABSTAINED FROM VOTING DUE TO A CONFL::T OF INT~RES~.
Ouda Lands. Inc.. Appl..cn.ion No. 4-117-0213AC
~~. Elledge expl.a.~ed that this is for a development ~n Sem1nole county.
He, noted that the ,4pplicant had some concern over Other Condltion 6
wh.ch. requ~re. thim to record a conservat.on easement for the areas they
are prelerv.nQ pr or to any construction. The applicant has suggested
that we add a sentence to the end of Other Condit.on 6 to state, "The
permittee may modify this condition .as part of the construction permit
process." . Staff recommends' approval with thh change.
After a short discussion. MOTION WAS MADE BY MRS. GRAY. SECONDED BY MR.
SMITH, THAT THE BOARD APPROVE APPLICATION NO. ~-117-0213AC, DUOA LANDS,
INC. WITH THE CONDITIONS AS STATED IN THE REGULATORY FOLDER AND WI'l'H
OTHER CONDITION NO.6 BEING'AMENDED AS READ BY MR. ELLEDGE. MOTION
CARRIED UNANIMOUSLY.
wash.ngton Golf Joint Venture. Application NO. 12-009-0003A
Mr. Elledge expla1ned that this was an app11cat1on for a Dredge and Fill
perm~t and that a letter had just heen received from the Divis.on of
Hlstorlcal. Resources requesting that a professional arcnaeoloQical
survey be performed before any ground dlsturbance occurs. To address
their concerns. staff has proposed the following condition be added,
"Pr1or to any constructlon, the site must be surveyed by an ar- .
chaeologlst for the presence of historical. artifacts and the results of
the survey submitted to the Florida Divis10n of Historicai Resources for
review. I'
Respondin9 to Mr. Simmons, Mr. Elledge explained that one of the
cr.teria as part of the public i~tGrest test on dredge and fill 18 thst
you not adver.e~y affect archaeoloq1eal resources.
Mr. Denn~s Sheppard, washlngton Joint Venture, stated that there is
already a section ~n the permit recommended hy staff which says if any
archaeolog1cal artifacts are found that they must stop and not1!y at
that po.nt. He stated that they would much rather go wlth that than to
have an archaeoloq1st Come out and deiay the pro)ect. He added that in
their letter they even state that the Florida Master Slte File does not
.ndicate that there are any archaeological sites in the area.
Respondlng to a question hy Mr. Slmmons regarding OCR'!! requirements on
surveys. ~r. Ernest Frey. Dept. of Env1ronmental Regulat10n stated that
they generally put the same condition as the Distr1ct'S unless something
was found on site, then they would go into more detail.
~r, Ou=rance asked if the condit~on could.be modified Where they could
do a survey and oeg1n construct1on simultaneous.y.
Mr. Smith commented that .f he was a deve"~rer, It ~i9ht pay to do it
beforehand because it might reeonflgure th~ entLre project.
.
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Oviedo Marketplace PUD 3
Oviedo Marketplace PUD 4
Oviedo Marketplace PUD 5
Oviedo Marketplace PUD 6
Oviedo Marketplace PUD 7
Oviedo Marketplace PUD 8
Oviedo Marketplace PUD 9
Oviedo Marketplace PUD 10
Oviedo Marketplace PUD 11
Oviedo Marketplace PUD 12