HomeMy WebLinkAbout2001 06 06 Regular Item A
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PLANNING AND ZONING BOARD
REGULAR AGENDA ITEM
June 6, 2001
A. OVIEDO MARKETPLACE DRI LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS-
CPA-05-01) AND ADOPTION OF DEVELOPMENT ORDER
5T AFF REPORT
APPLICABLE LAW AND PUBLIC POLICY
Large Scale Comprehensive Plan Amendment
Chapter 15, Article II of the City Code contains the review requirements for Comprehensive Plan
amendments. The proposed amendment constitutes a "Large Scale Amendment", because the parcel
exceeds 10 acres in size. Large scale amendments can only be processed twice a year by the City.
However, Developments of Regional Impact (DR!) are exempt from that requirement (section 163.3187
F.S.).
Section 15-35 of the City Code requires that a staff review board (DRC) review the application and
submit a recommendation to the Land Planning Agency, which in Winter Springs is the Planning and
Zoning Board. The P&Z Board shall hold a public hearing to review the large scale amendment and
shall submit a recommendation to the City Commission to ap'prove or deny the application for
transmittal to the Department of Community Affairs (DCA). The City Commission holds a (first)
public hearing for the purpose of transmitting the amendment to DCA. If the City Commission decides
to accept the P&Z recommendation, then the intention to hold a second public hearing (at the adoption
stage) shall be announced at this (the first) public hearing.
The DRC reviewed the request on May 1 '\ 2001 and recommended approval of the request.
DRI Development Order
Section 380.06(19) states that any proposed change to a previously approved development which creates
a reasonable likelihood of additional regional impact, or any type of regional impact created by the
change not previously reviewed by the regional planning agency, shall constitute a substantial deviation
and shall cause the development to be subject to further development-of-regional-impact review. The
applicant is proposing to amend the original Oviedo Marketplace DRI'development order to address the
fact that Parcel 14 is now within the City of Winter Springs. The applicant is not proposing any changes
to the development program, phasing or other requirements of the original DO. Therefore, the
proposed change does not constitute a substantial deviation.
The City Commission is required to take separate actions for the adoption of the Comprehensive Plan
amendment and the DIU Development Order.
~i~- -- ..,
I.
SUMMARY OF APPLICATION
A. Applicant:
Carey S. Hayo, Principal
Glatting Jackson Kercher Anglin
Lopez Rinehart, Inc.
33 East Pine Street
Orlando, Florida 32801
Owner:
The Viera Company
7380 Murrell Road, Suite 201
Viera, Florida 32940
B. Request:
The applicant is requesting an amendment to the City's Comprehensive Plan, to change the
Future Land Use Classification on the subject property from PUD and Conservation
Overlay (Seminole County designation) to Mixed-Use (City designation). In conjunction
with the land use map amendment, the applicant has submitted a DRI Development Order
for Parcel 14, to be adopted by the City of Winter Springs. The proposed development
order is based on the DRI development order adopted by Seminole County.
C. Purpose:
The purpose of the request is to assign a City land use category to the site, similar to the
current Seminole County Planned Development designation, to allow the development of
the site consistent with the approved DRI Development Order. The purpose of the
adoption of a revised Development Order is to require compliance with City standards,
wherever it states County standards. The development order contains the approved land use
schedule, which will remain unchanged.
D. Site Information:
1. Parcel Number -17-21-31-300-001H-OOOO
2. Acreage - 49.55 acres
3. General Location - The site is located on Dovera Drive, near the intersection of
Red Bug Lake Road and the Greene Way. The site corresponds to Parcel 14 of the
Oviedo Marketplace DR!.
4. Legal Description - See attachment C
5. Chronology of Subject Property - The subject property is part of the Oviedo
Marketplace Development of Regional Impact approved in 1988. The DRI is
currently located in three jurisdictions, the City of Oviedo, the City of Winter
Springs, and Seminole County. When this site (parcel 14) was annexed into the City
of Winter Springs in 1995, a Future Land Use category was not assigned to the
property, and a DRI Development Order was not adopted by the City. In order to
develop the property, the site needs to have City land use designation and zoning,
which the applicant will apply for after the land use amendment is adopted.
6. Existing Land Use - The property is currently vacant. Adjacent existing uses,
zoning and Future Land Use (FLU) designations include:
2
,:- P&Z Board Meeting - June 6, 2001
Large Scale Comprehensive Plan Amendment - Oviedo Marketplace
- : -
Exis tin (~~U s.c " Zoning ~ FLU
f' . ~ ~~- ' ,~ -
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Subject Site Vacant PUD (SC) PD, Cons. Overlay (SC)
North SF Residential __~!:!D (\v?L____ __LD l~j~~L___________
- ,-,-- f----------,----",-",--.".-,...-..-....-.",-".,-"
South Commercial _~!dQ (SC) ________ __PD_ (S~L___________
----.------- --------_.__....~...._-_._-_..__._----
East Vacant & Commercial PUD (SC & 0) _HI~SC)____
f-----,-------.--..---.---..-..-.-- ._--,-----
Wetlands _~UQ (0)__,__ Conse~~.E.?n (0) ____
---~-- -------.------.--.---..
West FPL Easement SF Resid. R-1A (SC) LDR (SC)
(WS) Wmter Springs; (SC) Seminole County; (0) Oviedo
7. Development Trends - With the development of the Oviedo Marketplace, this
Greenway interchange has developed into a mix of commercial, office and medical
uses. The applicant is planning to develop a mix of retail and offIce development on
the site, and leaving more than half of the property as open space. The proposed
land uses are consistent with the character of the area.
8. Letters/Phone Calls In Favor Or Opposition - The applicant has held
neighborhood meetings to explain the proposal to the residents in the area. The last
meeting was scheduled for May 3rd. However, no residents attended the meeting.
II. ANALYSIS
A. Future Land Use Element/Map:
The applicant is requesting MIXED USE land use designation for the entire site. The site is
currendy shown as Planned Development and Conservation Overlay in the County's Future
Land Use Map.
The proposed Mixed Use designation would allow the applicant to later rezone the property
to a City zoning district designation. The applicant has noted that they will be requesting
rezoning to PUD as soon as the comprehensive plan amendment is adopted and effective.
The purpose of the Mixed Use land use classification as stated in the City's comprehensive
Plan is to allow flexibility and efficiency to development design.
The City of Winter Springs does not have a Conservation Overlay land use category. It only
has the traditional Conservation land use. The purpose for requesting Mixed Use without
Conservation is to be able to use the acreage of the wetland area to provide suffIcient
acreage of Open Space to meet the standards of the Mixed Use designation. Policy C1 of
the Future Land Use Element states, "No mixed use shall have a non-residential use
exceeding 50% of the gross land area. Open space shall not be less than 20%, and public
uses, utilities or wetland conservation easements not less than 5%". If the wetland areas
were designated as Conservation, the applicant would be allowed to develop only 50% of the
reminder of the site as retail/offIce, and would be required to provide an additional 20% of
the mixed-use portion of the property for open space use. Staff recognizes that this
requirement would be excessive given that the approved DIU master development plan
already shows that more than 50% of the entire property will be preserved for open space.
The Dcvelopment Order and master development plan (Map H) already provide sufficient
protection for the cnvironmentally sensitive areas.
3
,.
P&Z Board Meeting - June 6, 2001
Large Scale Comprehensive Plan Amendment - Oviedo Marketplace
Goal 1 of the Future Land Use Element states "To ensure that the culmination of a City to
remain predominantly a residential component of the Orlando metropolitan area is guided to
protect the quality of life by defIning the perimeters of residential, conservation, mixed use,
and commercial lands with spatial buffers so each use may function optimally". The subject
site will abut residential areas to the north and west. However, the adopted Map H, which is
the Master Development Plan for the entire Oviedo Marketplace DRI, shows approximately
34 acres adjacent to the residential uses as wetland/upland conservation areas. The
proposed Map H2, a Master Development Plan specific to the DRI area within the City of
Winter Springs, shows all areas adjacent to residential (north and west) as preservation areas,
through a conservation easement dedicated to the Dovera Community Development
District. Therefore, the proposed land use for the subject site, in conjunction with the
Development Order and Map H, is consistent with the goals and objectives of the Future
Land Use Element and will not have a detrimental effect on the adjacent land uses.
B. DRI Development Order
The applicant has submitted a proposed Development Order and Master Development Plan
for Parcel 14, consistent with the overall DRI development order and development plan
approved by Seminole County. The applicant is requesting approval and adoption by the
City Commission. The development plan is as follows:
Land Usc - Acrcs 'Yc, Sq. ~t. Parking
l - I
~ . I
Development - Retail/Office 15.1 30.5 160,000 800
Wetland Conservation 29.2 59.0 N/A N/A
Upland Conservation 5.2 10.5 N/A N/A
TOTAL 49.5 100.0 160,000 800
Any development on this site will need to be consistent with the Development Order and
the City's Comprehensive Plan and Zoning regulations.
C. Public Facilities:
1. Roads/Transportation - The subject site will be accessed from Dovera Drive,
which connects the subject site with the mall parcel to the north, and with Red Bug
Lake Road to the south. When the DRI was originally reviewed, the impact of the
proposed uses on the road network was analyzed in great detail.' Monitoring and
traffIc impact studies have been prepared. The DRI development order lists the
required improvements and mitigation that are required prior to the commencement
of Phase 3, which includes the subject site. They include:
4
P'&Z Board Meeting - June 6, 2001
Large Scale Comprehensive Plan Amendment - Oviedo Marketplace
. Red Bug Lake and S.R436: Prior to the development of Phase 3a, the developer
was required to pay proportionate share for intersection improvement study.
This requirement was already taken care of by the developer.
. S.R 434 and S.R 426: Prior to 3a, the developer will be required to extend
Division Street from Michelle Hammock Road to C.R. 419 in a 2-lane
configuration. Also, the developer will be required to provide 5 acres for
wetland mitigation.
. S.R 426: Prior to the development of Phase 3b (subject site), the developer will
be required to widen S.R.426 from Mitchell Hammock Road to Winter Springs
Boulevard to four lanes.
The Oviedo Marketplace mall is currently served by LYNX Bus Route 4. The TDP
for LYNX shows that new service and re-alignment of routes is scheduled for 2002.
At that time there will be three routes serving the Oviedo Marketplace, providing
expanded capacity.
2. Sanitary Sewer, Potable Water, Solid Waste, Stormwater Management-
. Sanitary Sewer and Potable Water: Seminole County is currently providing water
and sanitary sewer service 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. Based on the projected service demand for Parcel 14, there is
suffIcient capacity to serve the development without lowering the County's
adopted level of service. The applicant has submitted a letter from the Seminole
County Environmental Services Department stating their ability to continue
water and sewer service for the Oviedo marketplace.
. Solid Waste: No hazardous wastes are expected. However, the Development
Order states "the Developer shall prepare and submit a Draft Hazardous
Materials Management Plan to the Florida Department of Environmental
Protection (FDEP) for review and approval." The FDEP ensures that adequate
hazardous materials and waste management and disposal procedures are used.
. Stormwater Management: The DRI has a master drainage system that was designed
and permitted through the St. John's Water Management District (S]WMD) and
Seminole County, and is maintained by the Dovera Community Development
District (DCDD). The stormwater management for the subject site will meet the
standards of FDEP, SJRMWD and the LOS established by the City.
3. Recreation and Open Space - The proposed development does not include a
residential component. Therefore, there is not a requirement for recreational
facilities. The development, however, will provide approximately 34 acres (over 50%
of the site) of open space, to be preserved through a conservation easement
dedicated to the DCDD.
5
{... p&Z Board Meeting - June 6, 2001
Large Scale Comprehensive Plan Amendment - Oviedo Marketplace
4. Police and Fire - The proposed land use classification will not create a negative
impact on the current level of service of City Police and Fire facilities.
D. Nuisance Potential Of Proposed Use To Surrounding Land Uses:
The development of the site under the Mixed Use land use designation will not have an
adverse impact on the surrounding properties. The City's Comprehensive Plan requires a
minimum buffer of 25 feet between adjacent residential and commercial uses. However, a
Settlement Agreement (August 1995) between the City of Oviedo, the City of Winter
Springs and the owner of the Oviedo Marketplace property, requires that development,
including roads, parking, buildings and active uses, be located no closer than 250 feet from
the boundary between the project and adjacent residential uses. There are also restrictions
on building height, and the provision of a wall where existing natural vegetation does not
exist along the boundary. As noted above, over 50% of the site will be preserved as open
space, providing a natural and visual buffer between the non-residential uses and the
residential neighborhoods to the west and north. Also, access to the site will be from a road
that leads to the Oviedo marketplace mall. No commercial traffic will be directed to any
residential streets.
E. Natural Lands Compatibility:
1. Soils - There are two distinct soil areas on the subject property: swamp, which
corresponds to the wetlands to be preserved, and ftne sand, on the developable
portion of the site. These are generally associated with transitional soils, and are
often found in nearly level tracts, adjacent to wet areas of flatwoods, and connected
to low lands. The soils on the eastern portion of the site are adequate for
development.
2. Topography - The site is generally flat, with a variation of 5 feet between the lowest
and highest grades.
3. Flood Prone Areas - The subject site is not within the 1 DO-year flood prone area.
4. Natural Resources - The developer will be required to protect the wetlands on the
site. A conservation easement has already been dedicated to the DCDD. There are
no endangered plants on the property.
5. Wildlife - The bald eagle nest originally identified on the property was abandoned
for more than five years. The Florida Game and Fresh Water Commission has
determined that the restrictions relating to the nest no longer apply. The proposed
Development Order to be adopted by the City of Winter Springs does no have any
references to the nest. There are no other endangered, threatened or special concern
species on the site. The Development Order states that if any other endangered,
threatened or special concern species are found on the site, development will need to
cease, and the Florida Game and Fresh Water Commission would need to be
notified.
6. Historic/Archaeological Resources - Therc are no known significant historical or
archacological resources located on thc sitc.
(i
!'&Z Board Meeting - June 6, 2001
Large Scale Comprehensive Plan Amendment - Oviedo Marketplace
F. Consistency With The Comprehensive Plan:
The proposed large Scale Comprehensive Plan amendment changing the land use
designation on the subject site from Seminole County's PD designation to the City's Mixed
Use designation is consistent with the goals, objectives and policies of the City's
comprehensive plan.
III. FINDINGS
Section 15-36 of the Code lists the review criteria for Comprehensive Plan amendments. The
application meets the criteria as follows:
1. The proposed amendment will not have an effect on the City budget, and will have a
favorable effect on the economy of the City and the region.
2. The proposed amendment will not diminish the adopted level of service of public facilities.
3. Based on the master development plan, there will not be a negative impact on the
environment and natural resources on the site.
4. The proposed amendment is consistent with the goals, objectives and policies of the State
Comprehensive Plan, and the East Central Florida Regional Policy Plan.
5. The County will provide water and sewer service to the subject site. The City will be able to
provide all other public services to the development. The amendment will promote the
cost-effective use of public facilities.
6. The requested land use designation is consistent with the surrounding existing development
and future land use.
7. The amendment will not cause the comprehensive plan to be internally inconsistent.
8. The proposed amendment will promote the public health, safety, welfare, economic order,
and aesthetics of the City and the region.
9. The amendment is consistent with the previously adopted Evaluation and Appraisal Report
(found suffIcient by DCA on March 26, 1999).
10. The development is outside an area of critical State Concern.
11. The proposed changes to the DRI Development Order do not constitute a substantial
deviation.
IV. STAFF RECOMMENDATION
Staff recommends approval of the request to change the Future Land Use classification on
Parcel 14 of the Oviedo Marketplace DRI from PUD and Conservation Overlay (Seminole
County) to Mixed Use (Winter Springs), and the adoption of the proposed DRI development
order, which contains specific development requirements for Parcel 14.
V. ATTACHMENTS
A. Maps
B. Legal Description
C. Application
D. Seminole County Developmcnt Order
E. Proposed Winter Springs Developmcnt Order
7
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City of Winter Springs
Oviedo Marketplace DRI - Parcel 14
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Oviedo Marketplace DRI - Parcel 14
Source: Seminole County, Land Design Innovations, Inc., May 2001
Future Land Use
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Municipal Boundary
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Source: Seminole County, City of Oviedo, City of Winter Springs, Land Design Innovations, Inc., May 2001
Zoning
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JACKSON
K.BRCHBR
ANGLIN
LOPEZ
RINBHART
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, Date Flown: 01.00
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Oviedo Marketplace Property
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- - - - Oviedo Marketplace Property
liliiii Wetland Preservation Area
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- ", Upland Enhancement Area
Retail/Office 160,000 Square Feet
Scale in Feet
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Page 1-4
B.
Legal Description
LEGAL DESCRIPTiON
A TRACT OF U<NO LYING iN SECTION 17, TOVv'NSHIP 21 SOUT:~, RANGE 31 :AST DESc.~:aED
AS' FOLLOWS:
"
COMMENCE AT THE NORTHEAST CORNER OF LOT 12. OVIEDO CROSSiNG -
PHASE 1 S, ACCORDING TO THE PlAT THEREOF AS RECORDED IN ?LA T SOOK
47, PAGES 80, 81, 82, AND 83 OF THE PUBUC RECORDS OF SEMINOLE
COUNTY, AS TnE POINT OF BEGiNNING; . THENCE RUN ThE FOLLOWING
COURSES ALONG THE NORTH UNE OF SAiD lOT 12: NORTH 72046'44" WEST,
63.09 FEET; SOUTH 63005!12" WEST, 61.20 FEcI; SOum 53050'30" EAST,
423 Fi::i:T;SOUTH, 16008'Sa" EAST, is.as FEET; SCI..'TH 36003'21" EAST,
19.28 FEET;. SOUTH 16006'18" WEST. 18.lS FEET; SOUTH 17013'24" EAST,
23.03 FEET; SOUTH 6205€)~25. WEST, 24.8.6 FEJ:I; SOlITH 65"39'42. WEST,
22.91 FEET; SOUTH 40051'22" WEST,19.28FEET; SOUTH 14041'54~ WEST.
39.45 FEET; SOUTH 07023'''. WEST,53.CO FEET; SOUTH 03054.'47" EAST,
17.73 FEET; SOUTH 04032'01" WEST, 32.26 F"t:ET; SOUTH 10023'42. EAST,
27.27 FEET; SOUTH 21 "25'5€)" EAST, 25.94 FEET; SOUTrI 57013'53. EAST,
26.73 FEET; SOUTH 22030'24. EAST, 30.62 FEET; SOUTH 17"32'14. WEST,
34.51 Fi::ET; SOUTrl 12"34'08. WEST"35.71 FEET; SOUTrI, 20039'55. EAST,
.50.30 FEET; SOUTH 1404738. WEST, 33.01 FEel; SOUTH 38046'47. wEsT,
36.55 FEET; SOUTH 69023~30. WEST, 30.n FEET; SOUTH 83"13'35" WEST,
31.96 FEET; NORTH 83026'48. WEST, 23.09 FEET; SOUTrI 86046'10. WEST,
122.80 FEET; NORTH 87033'11. WEST, 45.67 FEET: SOUTH 69021'35. WEsT,
21.26 FEEl; NORl}-t 87032'46. WEST, 146~,71 FEET; THENCE, DE?ART.NG SAID
NORTH UNE OF toT 12. RUN NORTH 57024'04. EAST, 29.61 FE::--r; THS"JCE
RUN _ NORTH 00047'25" EAST, 484.40 FEET TO A CURVE CCNcivE
NORTHERLY; THENCE RUN WESTERLY AND THEN NCAl1;SL Y ALONG SA:D
CURVE, HAVING A RADIUS .l.ENGTHOF 750.00 FEET. A C3flnAl ANGt.: CF
138048!54.. AN ARC LENGTH OF 1817.09.FEET, A CHORD LE."CGTrI OF 1404.16
FEET, AND A Q-!ORD EEAR1NG OF NORTH 19'" 16' 44. WEST; Trl6'lCE RuN
NORTri 43050'01. EAST, 41S.30 Fi::i:T TO THE SOUTIiE"""11.Y UNE OF
ruSCAWlUA UNIT 7, ACCORDING tv THE PlAT ThER~F, AS RECCRCED IN
PlAT BOOK 22. PAGES 46 AND 47 OF THE PU6UC RECORDS OF SEMINOLE
COUNtY, FLORIDA; THENCE RUN ALONG THE. SOliTHERl Y UNE Of: SAiD
TUSKAWlllA UNIT 7; SOUTH 700CO'2S- EAST, 664.21 r=l TO TriE
SOUTHEAST CORNER OF SAID' PlAT; THENCE RUN SOUTrl 01007'52. EAST,
319.02 FEci; THENCE RUN SOUTH, 89037'4Q.. EAST, 520.75 r::ET; THENCE RUN
SOUTrI 14032'19. EAST, 169.91 FE: THENCE RUN SOUTH 71020'10. EAST,
164.74 FEET TO A ?OINT 'ON THE WESTERlY RlGHT..QF-WAY OF THE
PROPOSED OVIEDO CROSSING TERRACE; THENCE RUN ALONG SAID PROPOSED
WEST RIGHT-OF-WAY UNE TrlE FOllOWING COURSE'S; SOUTH 55015'44"
WEST, 200.22 r=1 TO A CURVE CONCAVE SOUTHEASTERlY: THENCE RUN
SOUTHWESTERLY ALONG SAID ,CURVE HAVING A RADiUS LENGTH OF 9.50.00
Fa:T, A CS'lTRAl ANGLE OF 19006'05", AN ARC lENGTH OF 316.71 r::=I, A
CHORD LENGTH OF 315.25 I-~::I, AND A CHORD SEARING OF sourri
45042'41. WEST; THENCE RUN SOUTH 36"09'39" WEST, 275.09 1"=1 TO A
CURVE CCNCAVE SOUTHEASTERLY; TriENCE_ RUN SOUTHWESTERLY' ALONG
SAID CURVE HAVING A RADIUS LENGTH OF 800.00 F"=--r, A CENTRAl ANGLE,
OF 17048'35-. A;I~. ARC L..!:NGTH OF 248.57 F""::ET, A Q-iORD LEN~ Of 247.S7
FEET, AND A CHORD BEARING OF sourrl i7o:l!iu. WEST TO 'THE AFORESAID
NORTHEAST CORNE.q OF LOT 12 AND Th"E POINT OF BEGINNING.
TriE A30'lE DESCRIBED TRACT OF L4.ND UES iN SE.1ItllNOLE COUNTY, FLORIDA AND CCNT~INS,
49.551 ACRES. MeRE OR LESS.
City of Winter Springs - Oviedo ivlarketplace
Comprehensive Plan Amendment
,I"larch 200 I
.'
CITY OF WINTER SPRINGS, FLORIDA
, 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning OivisiooAPPLlCATION FOR COMPREHENSIVE PLAN AMENDMENT
(TO THE FUTURE LAND USE MAP - 2010)
APPLICANT : H:Iyo Carey s.
Last First Middle
Gl.attin::J .Jad<s=n Fert::tEr Arglin I.q;ez RiIHErt, In::.
ADDRESS: . 33 E. P:ire5treet
PHONE:
Or1arrl:J
City
(4J7) 843-6552
Florida
State
32001
Zip Code
If applicant does not own the property, provide the following:
OWNER:
'llE Viera 0::np3ny
Last
~
First
Middle
ADDRESS: 7E M1rrel1 R:ad, s.Ii.te 2)1
PHONE:
Viera
City
(321) 242-lZO
Florida
State
32940
Zip Code
This is a request
P1.anrB:1 ~
(S3rd.ml.e Cbnty J
described below.
Tax Parcel Number:
for change of Future Land Use designation from
ito MiJ<ej u:e on the property
(City of Wint:eL ~)
17-21-31-:ID-OOlH-CXXX)
Size of Parcel:
49.5
sq. ft /acres.
Address of Property proposed for change of Future Land Use
Designation:
ADDRESS: D:Jvera :crive
Winter Sprin;js Florida 3Z7fi5
Cicy StaLe Zip Code
..
Present Zoning of the Parcel:
Fill (S3.nirn1e' Cb.1nty)
Reason for request of change of Future Land Use Designation:
'llE ParcEl vas CII1l'BS1 into th: City an:j n:e:E a City of Winter.Sfrin;Js 1an:l u:e dssigratim.
'llE M:ba:1 U3e cat:.a;pry will a1Ja.l fer tre prq;:axrl rrriJ<Erl u:e ~.
- -
TO BE SUP)?LIED AT TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the sUbject
, property.
*
A copy of the legal description.
*
Notarized authorization of the owner (if applicant is
other than owner or attorney for owner) .
*
Comprehensive Plan Amendment Application Fee.
COMPREHENS IVE PLAN AMENDMENTS ARE SUBJECT TO THE APPROVAL OF THE .
CITY COMMISSION AS WELL AS APPROVAL BY THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS. THE AMENDMENT IS NOT EFFECTIVE UNTIL THE
DEPARTMENT OF COMMUNITY AFFAIRS ISSUES A "NOTICE OF INTENT" TO FIND
THE COMPREHENS IVE' PLAN AMENDMENT IN COMPLIANCE WITH THE
REQUIREMENTS OF 163.3184 AND 163.3187, FLORIDA STATUES AND 9J-11
FLORIDA ADMINISTRATIVE CODE.
APPLICANTS ARE ADVISED,. THAT IF THEY DECIDE TO APPEAL ANY DECISIONS
MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER
CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSES" THEY WILL NEED TO INSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, II_T THEIR COST,
WHICH INCLUDES TF~ TESTIMO~{ AND EVIDENCE UPON WHICH THE APPEF~ IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
Appendix A
Seminole County Development Order
City 0/ Winter Springs - Oviedo Marketplace
Comprehensive Plan Amendment
March 2001
SEMINOLE COUNTY
t..c!Q~o~\
~ c&-
~
THIRD AMENDED AND RESTATED
SUBSTANTIAL DEVIATION DEVELOPMENT ORDER
OVIEDO MARKETPLACE (FORMERL Y Kl'lOWN AS OVIEDO CROSSING)
WHEREAS, it is the intent of the State of Florida, as expressed in Chapter380. Florida Statutes, to protect
the natural resources and environment of the state, facilitate orderly and well planned development, and protect the
health. welfare, safety and quality of life of the residents of the state; and
WHEREAS, the State of Florida has established land and water management policies to guide and
coordinate local decisions relating to growth and development, and has determined that such policies should, to the
ma"(imum possible extent, be implemented by local governments through existing processes for the guidance of
growth and development, and has also determined that all the existing rights of private property shall be preserved in
accord with the constitalions of the State of Florida and the United States; and
WHEREAS, the Development of Regional Impact review program has been established by the Stare of
Florida in recognition that certain development projects will, because of their character, magnitude or location, have
a substantial effect on the health. safety. or welfare of the citizens of more than one county; and
WHEREAS, DLI Properties, Inc., a Florida corporation, filed an original Application for Development
Approval entitled the "DLl Properties ADA" dated July 15, 1988 ~d additional information dated October 3, 1988
and December 12. 1988 (hereinafter together referred to as the "Original ADA"); and
WHEREAS, Seminole County (hereinafter sometimes referred to as the "County") issued a development
order in cOMection with the Original ADA dated March 10, 1990, and recorded M~h 20, 1990, in Official Records
Book 2162, Page 1612, Public Rccords of Seminole County, Florida (hereinafter referred to as the "Original
Development Order"); and
WHEREAS, ttre Project as described in the Original ADA was modified in cOMcction with the filing of a
Notification of Proposed Change in 1993 and pursuant to which the County issued the First Amendment to
Development Order dated June 2, 1993 and recorded June 30, 1993 in Official Records Book 2608, Page 117,
Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment"); and
E\034S&\ColTeslnopc-tinaJ clean eounry J" amend do-November
WHEREAS, the Original Development Order and the First Amendment shall be jointly referred 10 as the
"First Development Order;" and
/~
J i
'< J
WHEREAS, the First Development Order set forth certain conditions with respect to the development of
certain property in Seminole County as described on Exhibit "A" (hereinafter referred to as the "Property"); and
WHEREAS. the First Development Order contemplated that the Property would be developed into a mixed
use project as contemplated in the Original ADA (which. as modified herein shall hereinafter be referred to as the
"Oviedo Marketplace Project" or the "Project", as generally reflected on Map H (Master Development Plan)
attached hereto as Exhibit "S"); and
WHEREAS, the Viera Company, a Florida corporation (hereinafter referred to as "Developer") whose
address is Post Office Sox 257, Oviedo, Florida 32765 is the successor in interest to DLI Properties, Inc. and had the
authority to and did seek a substantial deviation of the First Development Order with respect to the Project on the
Property, all in accordance with Section 380.06( 19), Florida Statutes; and
WHEREAS. the County issued a Substantial Deviation Development Order for Oviedo Crossing dated
September 12, 1995 and recorded October 27, 1995 in Official Records Book 2985, Page 1730, of the Public
Records of Seminole County, Florida (the "Substantial Deviation Development Order"); and
WHEREAS, subsequently, the Developer annexed a portion of me Project into the City of Oviedo; and
WHEREAS, with respect to that portion of the Project annexed into the City of Oviedo, the City of Oviedo
issued that certain City of Oviedo Substantial Deviation Development Order for Oviedo Crossing dated June J, 1996
and recorded September 18,1996 in Official Records Soak 3131, Page 1610, of the Public Records of Seminole
County, Florida (the "City Development Order''); and
WHEREAS, the Developer has the authority and in August 1997 did file a Notification of Proposed
Change to a Previously Approved Development of Regional Impact with respect to the Project on the Property in
accordance with SectionJ 80.06( 19), Florida Statutes; and
WHEREAS, the County issued a First Amended and Restated Substantial Deviation Development Order
for Oviedo Marketplace (fonnerly Oviedo Crossing) daled December 16, 1997 and recorded February [1. 1998 in
Official Records Book 3369, Page l077, of me Public Records of Seminole County. Florida; and
E'.O)4S8\CofTes\nopc-fin~1 c1e:lI1 county)" amend do-,"Jovember
WHEREAS, the Developer has the authority and in April 1998 did file a Notification of Proposed Change
to a Previously Approved Development of Regional Impact with respect to the Project on the Property in accordance
with Section 380.06( 19), Florida Statutes; and
WHEREAS, the County issued a Second Amended and Restated Substantial Deviation Order for Oviedo
Marketplace (formerly Oviedo Crossing) dated August 31,1998 and recorded October 15,1998 in Official Records
Book 3516. Page 1671. of the public records of Seminole County, Florida; and
WHEREAS, the Developer has the authority and in August of 1999 did file a Notification of Proposed
Change to a Previously Approved Development of Regional Impact with respect to the Project on the Property in
accordance with Section 3 80.06( 19), Florida Statutes: for the purpose of adopting this Third Amended and Restated
Substantial Deviation Development Order (the "County Development Order"); and
WHEREAS, the Developer's signators below are authorized agents of the Developer,
NOW, THEREFORE. it is hereby ordered and resolved by the Board of County Commissioners of
Seminole County that, based upon the Findings of Fact and Conclusions of Law, the Oviedo Marketplace Project is
approved pursuant to Section 380.06, Florida Statutes, subject to the following Cenns and conditions to which the
Developer agrees:
SECTION L ,RECITALS
The above recitals are true and correct and fonn a material part of this Development Order.
SECTION II. FINDINGS OF FACT
1. In November, 1994, the Developer filed the Application for Development Appro~l for a
Substantial Deviation DRl then known as the Oviedo Crossing Project pursuant to Section 380.06, Florida Statutes,
relating to the Property. In December, 1994, the Developer filed a FirSt Sufficiency Response. The Application for
Development Approval and First Sufficiency Response are incorporated herein by reference.
2. In August 1997, the Developer filed a Notification of a Proposed Change to a Previously
Approved Development of Regional Impact with respect to the Project on the Property in accordance with Section
380.06( 19). Florida Statutes.
3, In April. 1998, the Developer filed a Notification of a Proposed Change to a Previously Approved
Development of Regional Impact with respect to the Project on the Property in accordance with Section::; 80.06 (19),
E\OJ458\Com:slnopc.final clean county J" amend do-November
j
Flonda Statutes.
4. In August, 1999, the Developer' filed a Notification of a Proposed Change to a Previously
Approved Development of Regional Impact with respect to the Project on the Property in accordance with Section
(J"".
~ '
,............;..
380.06 (19), Florida Statutes.
5. " The Developer is the Owner and has the authority to file the ADA (as hereinafter deftned) and
obtain a Development Order with respect to the Property in accordance with Section 380.06, Florida StaNtes.
6. The Project shall be developed in accordance with the infonnation, data, plans and commianents
contained in the Oviedo Crossing Development of Regional Impact Application for Development Approval and
supplemental infonnation incorporated herein by reference unless otherwise directed by the conditions enumerated
below. For the purpose of this condition, the Application for Development Approval ("ADA") shall consist of the
following items:
a. DLI Properties Application for Development Approval and Transportation Appendix
dated July 15, 1988 and Drainage Appendix dated June, 1988; and
DLI Properties Additional infonnation dated September, 1988, and December 12, 1988;
Oviedo Crossing Application for Development Approval dated November, 1994; and
Oviedo Crossing Response to Request for Additional Information dated December, 1994;
Additional information provided by letter from John Rinehart of Glatting Jackson
Kercher Anglin Lopez Rinehart dated February 24, 1995;
f. Technical Memorandum - Oviedo Crossing Access to State Road 426 dated May, 1995;
g. Notification of a Proposed Change dated August, 1997;
h. Notification ofa Proposed Change dated April, 1998; and
I. Notification of a Proposed Change dated August, 1999.
7, The Property does not lie within an Area of Critical State Concern.
8, The development of the Oviedo Marketplace Project will not unreasonably interfere with the
E\O)458\Com::slnopc.tinal clean counry ).. amend do-November 4
achie'vement of the objectives of the State und Development Plan applicable to the area. Further, the development
of the Oviedo Marketplace Project is consistent with the State Comprehensive Plan.
9. The development of the Oviedo Marketplace Project is consistent with the Seminole County
Comprehensive Plan and will be consistent with the Land Development Code of Seminole County.
10. The ADA has been reviewed by and recommendations for approval have been received from the
East Central Florida Regional Planning Council (the "ECFRPC"), pursuant to Section 380.06, Florida Statutes,
which after balancing the identified regionally significant impacts associated. with each of the six criteria of
subsection 380.06(12)(a), Florida Statutes, recommended to the County that the Oviedo Marketplace Substantial
Deviation DRl be approved subject to specific conditions.
I]. The ADA has' been reviewed by and recommendations for approval have been received from the
Seminole County Planning and Zoning Commission sitting as the Local Planning Agency.
12. All public hearings as required by Section 380.06, Florida Statutes, have been duly noticed and
held.
13.' Simultaneously with submittal of the Application for Development Approval, the Developer
submined to Seminole County a proposed amendment to the Seminole County Comprehensive Plan to change a
portion of the future land use element from Higher [ntensity Planned Development (transitional) to Higher [ntensity
Planned Development (Core).
14. The proposed development consists of the following:
E\0J458\Correslnopc.final clean coumy J" amend do-November
SUMMARY OF APPROVEDfPROPOSED DEVELOPMENT
Oviedo Marketplace Substantial Deviation
~
;~ ")'.\\C
'(;.-- .
Retail Services/Office
419.000 SF
46.0
1.750
Hos ital 4)
o to 120 Beds
240
Residential
4 DU
1.3
N/A
Note:
(I) Ineludes a hospital related wel!ness center.
(2) Includes, but not limited to, Office, Clinical Facilities, and up to 120-bed Hospital.
(3) Phase 2 includes a Regional Shopping Center with approximately 1,200,000 SF of gross leasable area. This is
approximately equivalent to 1,450,000 SF of gross floor area.
(4) The hospital structure for 120 beds may contain approximately 170,000 square feet. The 120-bed hospital may
be exchanged with office/clinical use in Phase 2 based upon traffic impact with a like amount of development
transferred into Phase 3.
Retail Services/Office 1.909.197 SF 176.5 10,950
Office 126,800 SF 12.9 600
Hospital/Office 104,98 I SF 15.6 650
o to 120 Beds 240
Residential 4 DU 1.3
Storm water Ponds/ Borrow Pits 48.6
Wetland Conservation 89.3
Canals and Canal Easements 20.2
Open Space 36.0 -
Right-of-Way 30.8
TOTAL .;./-431.2 12,440
E'.OJ<l 5 g\CllrTcs'.nopc -linal clean cnunry 3" amcnd do-"Jovember 6
a. Estimated Total Gross Daily Trip Ends
I. Phase I - 23,420 ADT
11. Phase 2 - 43,502 ADT
III. Phase 3 - 26,632 ADT
TOTAL 93,554 ADT
Estimated Total Net External Daily Trips Ends (including caprure) - 82,341 ADT
b. Water supply provided by Seminole County
c. Wastewater service provided by Seminole County
d. Solid waste disposal provided by Seminole County
e. -. Fire and police protection provided by the City of Oviedo
The foregoing land uses shall be subject to substitution for alternate land uses in accordance with the
Equivalency Matrix set forth on Exhibit "C' attached hereto and incorporated herein by this referenced (the
"Equivalency Matrix"). At least thirty (30) days before the Developer proposes to make an allowable land use
locational exchange between approved office use and retail use pursuant to the Equivalency Matrix. the Developer
shall notify the City of Oviedo, Seminole County, the East Central Florida Regional Planning Council and the
Florida Department of Community Affairs of said election and provide each party with cumulative infonnation
concerning any such exchanges to date and confinnation that office uses and retail uses have not exceeded the
maximum allowable by phase and cumulatively for each use. In addition. the DRl Annual Report shall include
infonnation indicating the cumulative use of this land use loeational exchange pursuant to the Equivalency Matrix.
Notwithstanding anything set forth herein to the contrary, total office square footage and retail square footage
exchanged pursuant to the Equivalency Matrix shall not exceed the maximum allowed as specified in the Substantial
Deviation Criteria set forth in Chapter 3 80( 19), Flori~ Statutes.
SECTION III. CONCLUSIONS OF LAW
Based upon the Findings of Fact and the Conditions of Approval hereinafter set forth, the County
Commission makes the following Conclusions of Law:
E\034S8\Corres\nopc-final clean counly 3" amend do-November 7
1. The development of the Oviedo Marketplace Project is consistent with the achievement of the
objectives of the State Comprehensive Plan and the State Land Development Plan and therefore will not
unnecessarily interfere with those objectives.
o
2. The development pennined by this Development Order is substantially consistent with the report
and recommendations of the ECFRPC.
J. The development of the Oviedo Marketplace Project is consistent with the Seminole County
Comprehensive Plan. as amended. and with the Seminole County Land Development Code, and adequate public
facilities are available for Phase I, Phase 2 and Phase 3 of the Project.
SECTION IV. TERMS AND CONDITIONS OF DEVELOPMENT RECOMMENDED
BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNOL
I. General Conditions.
a. Development of Phases la and Ib of the Oviedo Marketplace Project was previously
approved development pursuant to Development Order 89-312. Portions of those phases are under constrUction and
portions of those phases have already been completed. all in accordance with the Original ADA. Development of
Phases I a and Ib shall be completed in accordance with the conditions of approval set forth in the Original ADA and
the First Development Order.
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,
b. Development of Phase 2 and Phase 3 of the Oviedo Marketplace Project shall proceed in
accordance with the ADA. subject to the tenns and conditions for approval contlined in this Development Order.
The terms and conditions of the ADA are incorporated herein by this reference and made a part hereof as if fully set
forth herein; provided, however, if the tenns or conditions of the ADA conflict in any way with the terms or
conditions of this Development Order, then the tenns and conditions in this Development Order shall prevail as to
Phases 2 and 3.
c. Development of PhasesZ and 3 of the Oviedo Marketplace Project shall proceed in
accordance with the Notice of Concurrency Review Test Results #95-0008 issued by Seminole County.
Specifically:
As to Phase 2, the Developer recognizes that an unconditional Certificate of Concurrency will not be issued
without payment of facility fees and that failure to pay said fees for some or all of Phase 2 within two (2) y,ears from
the date of the Substantial Deviation Development Order adoption by the County shall result in a loss of facility
E\OJ458\ClJ~\nopc.final clean county J" amend do-November 8
reservation rights under the Seminole Counry Concurrency Management System for such unpaid portiones) of Phase
2. In the event of loss of faciliry reservation rights, the unpaid portions of Phase 2 shall be subject to meeting the
requirements of Seminole Counry's Concurrency 'Management System prior to issuance of any further Development
Orders or pennits by the Counry for such continued development.
As to Phase 3, following issuance of a Certificate of Occupancy for the Phase 2 Regional Shopping Center,
~
and prior to initiation of any constrUction a<:tiviry within Phase 3, the Developer shall conduct traffic monitoring and
-- . --..-- .
modeling and pot~ble water/sanitary h~e~~.I:.-.9~l'!l~g,_and h~ulic evaluations for the cwnulative completed
__. ____.__.. ._._,~,,' ....._..____.. .._. u.~_'"
development at that time. Such stUdies. including results, recommendations and updated projection$ of Phase j
. .--- '. ----.-- ~
impacts shall be submined to Seminole Counry along with an application for an updated/amended Concurrency
Review for Phase j. Seminole County acknowledges receipt "fthe for:egQ!~g items. The Developer recognizes that
---~
an unconditional Certificate of Concurrency will not be issued without payment of facility fees and that failure to
pay said fees for some or all of Phase 3 within [wo (2) years from the adoption of this County Development Order
by the County shall .:result in a loss of facility reservation rights under the Seminole County Concurrency
Management System for such unpaid portiones) of Phase 3. In the event of loss of facility reservation rights, the
unpaid portions of Phase 3 shall be subject to meeting the requirements of Seminole County's Concurrency
Management System prior to issuance of any further Development Orders or permits by the County for such
continued development.
d. The Developer shall comply with any and all impact fee ordinances in place at the rime of
any 'application for a building permit.
e. Certain portions of the Oviedo Marketplace Project including, without limitation. Parcels
12, 13 and 34 as identified on Map H (Master Development Plan) attached hereto as Exhibit "8", are contained
within the boundaries of the City of Oviedo. The City Development Order issued by the City of Oviedo as the
government of jurisdiction controls the development of said Parc~ls 12, 13 and 34. This Development Order applies
only to those portions of the Oviedo Marketplace Project .vhich are contained within unincorporated Seminole
County.
.,
Archaeological Protection Requirements. Project consttUction personnel shall be notified, through
posted advisories or other methods. of the potential for artifact discoveries on the site and to report suspected
findings to the Project manager. In the event of discovery of artifacts of historical or archaeological significance
E\OJ458\Correslnopc-linal c1C:1l1 county J" amcnd do-November 9
,
during Project construction. the Developer shall Stop construction at the site of discovery and notify the County and
the Division of Historic Resources of the Florida Deparonent of State. From the date of notification, construction
shall be suspended within a 100 foot radius of the site of discovery for a period of up to 120 days to allow evaluation
~
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'-.
of the site.
~. "0dlifeProtection. Except as otherwise allowable by this Development Order, site development
related activities shall not result in the hanning, pursuit or harassment of wildlife species classified as endangered,
threatened or a species of special concern by either the state or federal government in contravention of applicable
state or federal laws. Should such species be determined to be residing on, or be otherwise significantly dependent
upon, the Project site, the Developer shall cease all activities which might negatively affect that individual or
population and immediately notify the Florida Game and Fresh Water Fish Commission, the United States Fish and
Wildlife Service, the DCA, the ECFRPC and Seminole ~ounty. Proper protection and habitat management, to the
satisfaction of the above agencies, shall be provided by the Developer. "Hanning" and "harassment" as used in this
condition shall be defined in the same manner as "hann" and "harass" respectively are defined in 50 CFR Section
-
-.
17.3.
4. Gopher Tortoise Protection. Mitigation of gopher tortoise impacts has heretofore been
.--.
\
accomplished by relocation to another site in a manner that is acceptable to the Florida Game and Fresh Water Fish
Commission and consistent with their applicable guidelines. Said plan is embodied in that certain Gopher Tortoise
Relocation Agreement between A. Duda & Sons, (nc. and the St Johns River Water Management District dated
November 13, 1991, which is incorporated herein by reference.
5. Eagle Management Plan. The conditions set forth in Section II, Paragraph 4(g) of the Origina!
Development Order with respect to the eagle management plan are hereby deleted in their entirety. The nest was
destroyed by natural occurrence and the eagles have abandoned the nest and the nest has been inactive for a period
of time as judged by the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife
Service to formally declare the nest abandoned.
6. Nonpotable Water Needs. To meet the Qonpotable water use demands of the Property, the Project
shall use, in order of priority:
a. all treated wastewater made available to the site which meets state criteria for reuse, up to
the entire nonpotable water demand;
b, rreated stormwater; and
E\Oj458\Correslnopc./inaJ cle:lt1 county ).. amend do-November 10
c. nonpoGlble quality groundwater unless otherwise directed by the County, Florida
Department of Environmental Protection. the St. Johns River Water Management District, or other jurisdictional
regulatory agency. If lower quality welter is not available to meet the entire irrigation needs of the site, then potable
water may be used for those portions of the site having a deficient source so long as the use of potable water
otherwise complies with all applicable government restrictions.
7. Irrigation. Irrigation shall be perfonned in accordance with applicable County ordinClIlces and
policies and the Florida Department of Environmental Protection and the St Johns River Water Management
District rules and regulations.
8. Surface Water Man~K~m~m_..sm~J~l. In order to assure the accomplishment of the intended
objectives of the proposed stonnwater management program and compliance with the objectives set fonh in Chapter
29-F-19.00 I, Florida Administrative Code, the Dovera Community Development District ("COD") has been fonned
by the Developer pursuant to Chapter 190, Florida Statutes, and has, as part of its responsibilities, caused the
implementation of an wpection and maintenance program for all components of the surface water management
system for the Project site to assure that the components continue to operate at their design capacities for the life of
the Project. The COD shall be responsible for all applicable pertnit conditions imposed with respect to the surface
water management system by the St Johns River Water Management District. This inspection and maintenance
program shall include, but not necessarily be limited to:
a. Stonnwater facility operating inspections on a regular basis and following major rainfall
events for the removal of excessive sediment, debris or other flow obstrUctions;
b. Routine maintenance activities (e,g., mowing, trash removal, etc.);
c. Ongoing educational programs for maintenance staff personnel regarding the correct
usage of and application rates for fertilizers and chemicals (e.g. herbicides) within common areas that contribute
runoff to the stortnwater management facilities, the removal of noxious weeds and retention of desirable aquatic
vegetation, and correct procedures for other maintenance/landscaping-related activities which have the potential for
adversely affecting water..quality conditions on the Project site.
9. Affordable Housing.
a. The Developer has demonstrated that there is an adequate housing supply to meet the
demand for the very low and low income employee households for this Project. In order to ensure that an adequate
E\O)458\Corres1nopc./inal c1C:ll1 county ).. amcnd do-Novcmber II
j'
supply of housing continues to exist or is provided during the life of the Project, prior to the start of development of
Phase Ja. the Developer shall recalculate the demand for affordable housing based upon actual employees hired in
all previous phases and estimated employees for the phase to be entered. The Developer shall also re-inventory the
,l~..'..':
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available housing supply. Both analyses shall use methodologies that are adopted by rule by the Florida Department
of Community Affairs ("FDCA" or "DCA") at the time of the analyses. If no such rule has been adopted, the
Developer shall use a housing methodology approved by the DCA, the ECFRPC and Seminole County.
The Developer shall be responsible for mitigating any deficiencies for Phases 2 and J, as determined by the
analysis done prior to beginning Phase 3. Mitigation for each phase shall reflect any cumulative surplus housing
provided by the Developer as well as cumulative unmitigated demand. Should the future analysis show a need to
mitigate the housing impacts of the Project, the Developer must do one or more of the following within a ten mile or
twenty minute commute of the Proje~ site (whichever is closer):
b. Build affordable housing units;
c.
"
them affordable;
d.
e.
Seminole County.
Buy down unaffordable housing units through donations or other mechanisms to make
Rehabilitate vacant substandard housing units to create adequate affordable units; or
Implement any other alternative that IS acceptable to the DCA, the ECFRPC and
The Developer's proposed mitigation shall be approved by the DCA, ECFRPC and Seminole County and
shall be included in this Development Order by amendment All housing provided for mitigation must be available
or guaranteed commianents made to assure that the needed housing will be available in accordance with the
Adequate Housing Uniform Standard Rule set forth in Rule 91-2.048, Florida Administrative Code, or such other
alternatives as are acceptable as set forth in subparagraph (iv) above. The Developer shall report on the success of
the mitigation plan and shall provide sufficient documentation to demonstrate this success in the DRl annual report
--
No non-residential development shall be permitted if mitigation needs have not been fully met or committed in
accordance with this paragraph.
10. Hazardous Materials. Should hazardous materials/wastes be present on the Project site [hen the
E'.03458ICorrcslnopc-final clc:ln county J" amend do-November 12
i'
De~eloper shall prepare and submit a Draft Hazardous Materials Management Plan to the Florida Deparonent of
Environmental Protection "FDEP" for review and approval. This condition will be considered met if the FOEP
determines that the Draft Hazardous Material Management Plan meets the following criteria: Assures the
implementation of proper hazardous materials and wastes management and disposal procedures. and includes
provisions to assure the availability of sufficient fmancial resources and the initiation of actions for the prompt and
effective containment and clean-up of hazardous substances subsequent to a spill or contamination episode.
"Hazardous materials" are those for which the notification of the FOEP is required under Chapter 17.30, Florida
Administrative Code.
All medical facilities and medical offices on the site shall be subject to a separate hazardous
materials/waste plan. The plan shall include. but not be limited to: a) hazardous materials; b) hazardous wastes; c)
bio-hazardous wastes; and d) radioactive wastes. At a_minimum. the plan shall provide for an inventory process,
handling and disposal procedures, responses to spills or other uncontrolled releases of materials/wastes. control of
hazardous gas and .vapors and routine training of all staff and shall pennit the participation by all generators and
handlers on the Oviedo Marketplace site. The plan shall be approved by FDEP and the DCA and shall be included
in this Development Order by amendment, which amendment shall be accomplished prior to the issuance of a
building penn it for any medical facility, medical office or other use expected to handle or generate medical related
hazardous materiaVwastes. Such an amendment shall be presumed to not constiwte a substantial deviation of this
Development Order under Section 3 80.06( 19), F .S. if the hazardous materials/waste plan has received approval by
FDEP prior to the time that the amendment is proposed.
II. Natural ~w:c.es.--T-h'e air quality condition set forth in paragraph 4 (a) of the Original
--
Development Order is hereby incorporated by reference in totality provided that the reference to the ADA shall be
deemed to refer to the information, data, plans and commionents contained in the documents referenced in Section II
paragraph three (3) of this Development Order.
12. Transportation: Project Phasing. For the purpose of the transportation conditions, the total Oviedo
Marketplace DRl shall be divided into and limited to the following phases, based upon peak hour nip ends or total
average daily trip ends (based upon the current ITE Trip Generation manual), whichever comes first.
E\O)458\Corr~\nopc.tinal c1e:m counry J" amend do-November IJ
f
la& Ib ~.002 2.001 23,420 23.420 1 /~
. .,
(existinl! &a oraved) lo,)
2 (2002) 4.060 6,062 43.502 66,92~ :
(includes mall)
3a (2005) U82 7.544 17..HO 84,332
3b (2005) 856 8,400 9,221 93.554
1, The estimated net external daily Dip ends for Phase I is 20.454.
2. The estimated net external daily trip ends for Phase 2 is 38.288 or 58.742 cumulatively for Phases 1 and 2.
3. The estim:ued net external daily trip ends for Phase 3 is 23,599 or 82.341 cumulatively,
13. Transportation: Monitoring and Model1ng.
a. Seminole County acknowledges that the Developer has completed a monitoring/modeling
program for Phase 3. ]rior to the initiation of Phase 3b, the Developer may, at its option pursuant to Paragraph
l5(n) below, conduct a final monitoring/modeling program. Said program shall ascertain the level of service
("LOS") on facilities where the combined traffic from the Oviedo Marketplace Project is estimated to contribute an
~~
amount of traffic greater than or equal to five percent (5%) of the adopted LOS roadway service volume. The
methodology of the monitoring/modeling program shall be agreed upon by the ECFRPC, the City of Oviedo
(government of jurisdiction), Seminole County (government of jurisdiction), City of Winter Springs (government of
I
jurisdiction), Orange County, the Florida Department of Transportation ("FDOT'), the DCA and the Developer.
with LYNX being included in an advisory role only. All studies and monitoring/modeling programs shall be
consistent with the then current ECFRPC rules, procedures and criteria. The depth of each monitoring and modeling
effort shall be similar to that required within a DRl Application for Development Approval but shall be compatible
"
with the requirements of Seminole County's ConcWTency Management System as it relates to facilities within
Seminole County (or the government of jurisdiction with respect to a particular portion of the Project site). In the
event that all parties cannot come to agreement on the methodology, the ECFRPC and the County shall be the final
arbiters. with the County's decision being final as it relates to County facilities (Le., facilities located within the
limits of Seminole County) and the ECFRPC's decision being final as it relates to all other facilities.
b, The following list of facilities indicates [hose roadways within the study area which were
analyzed for full buildout of [he Oviedo Marketplace Project. The facilities [0 be monitored/modeled for Phase j
E'.03458\Correslnopc.final clean councy J~ ;uncnd do-November 14
-,
may include. bur shall nor be limited to, those segments of the regional roadways within the following lisr and one
segment beyond where the Oviedo Marketplace Project is estimated to conoibute a cumulative amount of O":ltlic
greater than or equal to five percent (5%) of the adopted LOS service volume, based on the modeling of the buildout
of the Project. The LOS standard and service volumes shall be in accordance with the Comprehensive Plan for the
applicable jurisdiction where the roadway segment is located. The LOS standard and service volumes for roads on
the Florida [nerastate Highway System will be in accordance with the applicable laws and regulations. The analyzed
facilities will include signalized intersections and segment analyses of collector and higher classified roadways and
interchange ramps.
The ECFRPC, FOOT, Seminole County, City of Oviedo, City of Winter Springs, Orange County and
LYNX shall have the right to make reasonable requests for additional infonnation from the Developer to verify
adherence to these provisions. The Developer shall sUpply adequate infonnation toward compliance with these
requirements.
Candidate Roadwavs for MonitoringfModeling Studv
Aloma A venue (SR 426)
US 17-92 to Lakemont Avenue
Lakemont A venue to SR 436
SR 436 to Goldenrod Road (SR 551)
Goldenrod Road (SR 551) to Howell
Branch Road
Howell Branch Road to Tuskawilla Road
TuskawiIla Road to GreeneWay
Greene Way to Dean Road
Dean Road to Chapman Road
Chapman Road to Slavia Road
Slavia Road to Mitchell Hammock Road
Mitchell Hammock Road to Winter Springs
Boulevard
West Broadway Street (SR 426)
Winter Springs Boulevard to Lake Jessup
Drive
Lake Jessup Drive to SR 434
Geneva Drive (CR 426)
CR 419 to Lockwood Road
Lockwood Road to Seminola Woods Road
Mitchell Hammock Road
Aloma Avenue (SR 426) to SR 434
SR 434 to Lockwood Road
Chapman Road
SR 426 to SR 434
E\O)458\Corres'.nopc-final dean couney ).. JIT1end do-November
Horatio A venue
US 17-92 to Thistle Lane
Howell Branch Road
Thistle Lane to Lake Howell Road
Lake Howell Road to SR 436
SR 436 to Dike Road
Dike Road to Dodd Road
Dodd Road to Aloma A venue (SR 426)
Dike Road
Howell Branch Road to Dodd Road
'Dodd Road to Tuskawilla Road
Slavia Road
Red Bug Lake Road to Aloma Avenue (SR 426)
Red Bug Lake Road
SR 436 to Eagle Circle
Eagle Circle to Nodding Pines Way
Nodding Pines Way to Dodd Road
Dodd Road to Tuskawilla Road
Tuskawilla Road to Slavia Road
Slavia Road to Site Entrance (South)
Site Entrance (South) to Site Entrance (West)
Site Entrance (West) to Site Entrance (East)
Site Entrance (East) to the GreeneWay
GreeneWay to Aloma Avenue (SR 426)
GreeneWay
SR 50 to University Blvd.
University Blvd. to AJoma Avenue (SR 426)
15
.~ S~min&ola Boulevard
US 17-92 to Lake Drive
Lake Dri ve
Seminola Blvd. to Tuskawilla Road
CR419
SR 434 to Lockwood Road
Lockwood Road to Old Chuluota Road
Semoran Boulevard (SR 436)
University Boulevard to Aloma Avenue (SR 426)
Aloma A venue (SR 426) to Howell Branch Road
Howell Branch Road to Lakemont Avenue
Lakemom A venue to Red Bug Lake Road
Red Bug Lake Road to Kawanee Trail
Kawanee Trail to Oxford Road
Oxford Road to US 17-92
SR 50 to University Boulevard
Goldenrod Road (SR 551)
SR 50 to University Boulevard
University Boulevard to AJoma A venue (SR 426)
Dodd Road
Howell Branc~.Road to Dike Road
Dike Road to Red Bug Lake Road
Tuskawilla Road
Aloma A venue (SR 426) to Dike Road
Dike Road to Red Bug Lake Road
Red Bug Lake Road to Lake Drive
Lake Drive to Winter Springs Boulevard
Wimer Springs Boulevard to SR 434
Old Lockwood Road
McCulloch Road to Seminole Creek Drive
Seminole Creek Drive to Little Econ River
Little Econ River to Mitchell Hammock
Road
Mitchell Hammock Road to CR 419
CR 419 to CR 426
McCulloch Road
SR 434 to Old Lockwood Road
Aloma A venue (SR 426) to Red Bug Lake Rd.
Red Bug Lake Road to SR 434
SR 434 to Lake Mary Boulevard
,~
t )
Dean Road
SR 50 to University Boulevard
University Boulevard to McCulloch Road -
McCulloch Road to Aloma Avenue (SR 426)
Rouse Road
SR 50 to University Boulevard
SR 434
SR 50 to University Boulevard
University Boulevard to Corporate Boulevard
Corporate Boulevard [0 McCulloch Road
McCulloch Road to Chapman Road
Chapman Road to Alafaya Woods
Boulevard
Alafaya Woods Boulevard to Mitchell
Hammock Road
Mitchell Hammock Road to Aloma Avenue
(SR 426)
Aloma Avenue (SR 426) to the GreeneWay
GreeneWay to Tuskawilla Road
Tuskawilla Road to CR 419
CR419 to US 17-92
US 17-92toCR427
'.
University Boulevard
SR 436 to Goldenrod Road (SR 551)
Goldenrod Road (SR 551) to
Econlockhatchee Trail
Econlockhatchee Trail to 'Greene Way
Greene Way to Dean Road
Dean Road to Rouse Road
Rouse road to Alafaya Trail (SR 434)
[n the event that a roadway widening is identified which is not compatible with adopted policy of the
FOOT or local government (for example, because it has been designated as a constrained facility) the Developer,
Seminole County, the ECFRPC, the FDCA and the party having either maintenance or jurisdictional responsibility
for the facility shall jointly detennine alternate mitigation solutions to provide for the transportation needs.
c. The County hereby acknowledges and agrees that the Developer has satisfied the
monitoring and modeling requirements as set forth in this paragraph 13 with respect [0 Phase 3.
E\OJ458\Corn=slnopc-finaJ clean county]" amend do-November 16
14. TransporGltion: Monitoring and Modeling Results.
a. The Project shall not commence beyond Phase 2 (an equivalent of 6062 total gross peak
hour trip ends or 66,922 total gross daily trip ends) into Phase 3 when service levels are below the minimum service
level adopted in the applicable local government's comprehensive plan for that specific roadway during the peak
hour and the Project contributes. or is projected to contribute with the next phase of traffic, five percent (5%) or
greater of the adopted LOS service volume of the roadway or intersection as detennined by the monitoring program
required in the preceding condition. unless mitigation measures and/or improvements are secured and committed for
completion during the phase or subphase in which impacts occur.
b. Prior to the commencement of Phase 3, this list of committed roadway improvements
must be identified. These improvements shall occur by the required threshold in order for the Project [0 proceed
through the balance of the phase or subphase. If the Developer can demonstrate that a portion of a phase or
subphase does not adversely affect the regional roadway network as determined by the monitoring and modeling
tests discussed above, :lien the Developer may proceed with that portion of the phase (and only that portion). It is
the intent of this condition to ensure that this Development Order is consistent with the provisions of Section
380.06(15)(e)(I) and 380.06(15)(e)(2), Florida Statutes, provided, however, that it is not the intent of this provision
or any other provision of this Development Order to impose upon the County any obligation to fund or construct or
to provide any public facilities to or for the Developer upon which the Development may depend. Further, this
condition is intended to avoid the conflict of simultaneously applying the differing standards of the aforesaid 5%
(91-2.045, F.A.C.) rule and the County's (or applicable local government) concurrency management systems.
Should the provisions of this Development Order give direction that prevents compliance with Seminole County's
(or applicable local government) concurrency management regulations as amended, then the concurrency
regulations will govern in accordance with the applicable laws and regulations.
c. To aid in assessing the Project's potential for impacting facilities, DRl Annual Reports
shall include documentation that the applicable level of service requirements are being met. Such documentation
shall include current roadway LOS (may be obtained from latest Concurrency Management System data of
Seminole County and/or other applicable local government), Project traffic conaibuted to the roadway facility
(based on latest test modeling/monitoring effort) and other appropriate infonnation.
E\O)458\Corrcs\nopc-final clC3I1 county ).. amcnd do-Novembcr 17
'I
15.
Transportation Mitigation:
Phase 3a requirements (2005) The following improvements are those either assumed to be in place
0"".
, .
~_.:.
(because they are programmed or are already funded) or they are necessary as a result of background traffic and
project-related traffic.
The following improvements are assumed to be programmed or funded:
Intersections
a.
b.
Roadwavs
-
c. -.
d.
e.
f.
2002).
a
O'
h.
I.
2002).
J.
k.
[-4 and SR 417 - New interchange.
Mitchell Hammock Road and Lockwood Boulevard - add eastbound left-turn lane.
SR 434 - Widen to 4 lanes from Tuskawilla Road to SR 417 (year 2002).
CR 419 - Widen to 4 lanes from Lockwood Boulevard to Oviedo City limits (year 2002).
CR 419 - Widen to 4 lanes from the Oviedo City limits to Second Street (year 2002).
Dodd Road - Widen to 4 lanes from Red Bug Lake Road to Howell Branch Road (year
SR 417 - new 4 lane toll road from US 17-92 to Lake Mary Boulevard (year 2002).
SR 417 - New 4 lane toll road from Lake Mary Boulevard to Rinehart Road (year 2002).
East Lake Drive - Widen to 4 lanes from Seminole Boulevard to Tuskawilla Road (year
SR 426 - Widen to 4 lanes from SR 417 to Mitchell Hammock Road (year 2002).
SR 434 and SR 426 - As mitigation for any impact on the intersection of SR 434 and SR
426. either Division Street shall be extended from Mitchell Hammock Road to CR 419 in a 2 lane configuration, or
such alternative improvement as may be adopted by the Cicy to mitigate said intersection shall be constructed.
E\O)458ICorrcslnopc-/inal c1e:lt1 county ).. amend do.November 18
T
The following improvements or mitigation are required as a result of background traffic and Project traffic
prior to commencement of Phase 3a:
I. Red Bug Lake and SR 436 - the Developer shall pay Developer's proportionate share of
the cost of a study of improvement needs for the specified intersection, which proportionate share shall be based on
the ratio of Project traffic to total traffic. For purposes of this Development Order, Developer's proportionate share
shall be deemed to be Seventy Five Thousand and No/lOO Dollars (S75,OOO.OO), which shall constieute Developer's
mitigation for the Project's impact upon the specified intersection. Within thirty (30) days after receipt of written
notice from either the Florida Department of Transportation or Seminole County that such study has been
authorized, Developer shall pay its proportionate share directly to such parry.
m. SR 434 and SR 426 - As mitigation for any impact on the intersection of SR 434 and SR
426. Division Screet shall be extended from Mitchell Hammock Road to CR 419 in a 2 lane configuration. Pursuant
to Rule 9j-2.045(7)(a) Florida Administrative Code, this condition shall be deemed satisfied if such improvement is
-
-.
(i) in place and operational, (ii) under actual construction for the entire improvement, or (Hi) committed for
construction in the current three (3) years of the City of Oviedo's Capital Improvement Element. In addition,
Developer shall convey or cause to be conveyed an approximately 5.04 acre site as more particularly described on
Exhibit "D" attached hereto to the City of Oviedo for use as wetland mitigation for South Division Street. This
provision shaH be modified by Seminole County in the event that the City of Oviedo modifies its comprehensive
plan with respect to Division Street.
The following improvements or mitigation are required as a result of background traffic and Project traffic
prior to commencement of Phase 3b:
n. SR 426 must be widened to four (4) lanes from Mitchell Hammock Road to Winter
Springs Boulevard. This improvement must be committed for construction within the first 3 years of the FOOT 5
Year Work Program prior to commencement of Phase 3b development. In the event that this improvement is not
committed for construction within the first :3 years of the FOOT 5 Year Work Program, the Developer may proceed
with construction of Phase, 3b if Developer (i) advances the funds necessary for the construction of such
improvement, or (ii) conducts a final monitoring/modeling program in accordance with the requirements of
Paragraph 13(a) above which demonstrates that such improvement is not required.
E\OJ458\Co/TCSlnopc.finaJ clean counry J"' amend do-November 19
The status of the improvements listed above shall be reported in the DRJ AMuaJ ReportS.
16.
Transportation: Comm itted Improvements.
a. The parties acknowledge that the local comprehensive plan is in compliance with Chapter
"l'"
\t .
"-".- .--
16.3, Part II, F.S., and that the plan includes a transportation concurrency management system that recognizes
improvements scheduled within the first three years of the capital improvements schedule (pursuant to Rule 91-
5.0055(2)(c), F.A.C.), and within the first three years of the current FDOT improvement program. Therefore, for
Phase 3a, which is undergoing local concurrency review and for which adequate roadway facilities are conditionally
reserved those improvements identified in Paragraphs 15(a) through 15(k) shaH be counted as committed regardless
of whether said improvements are actually constructed.
b. Committed improvements may also include (i) a binding financially secured and
irrevocable commianent by the Developer or other applicable persons or entities for the design, engineering and
actual construction of the necessary improvements (with the posting of a cash bond, surety bond, irrevocable letter
of credit or other security in a fonn satisfactory to Seminole County (or the applicable government of jurisdiction)),
which requires construction to occur during the applicable phase and must be in accordance with the requirements of
applicable law, and must otherwise comply with the requirements of the Seminole County (or the applicable
government of jurisdiction) Comprehensive Plan, or (ii) any alternative agreed upon by Seminole County (or the
applicable government jurisdiction), the ECFRPC, the DCA and the Developer and incorporated into the
Development Order by amendment
17. Transportation: FDOT Agreement. In the event that the monitoring/modeling results as set forth
in Paragraphs 13 and 14 hereof show that improvements must be made to state roads and if mitigation is not
provided as set forth in Paragraphs 15 and 16, then prior to any construction of any portion of the subphases of
Phase 3 and subject to the provisions of Florida Statutes, Section j80.06(15)(e), the Developer, Seminole County (or
the applicable government of jurisdiction) and the FOOT shall enter into an agreement which ensures that a
proportionate share contribution is made to the FOOT for Project impacts to State roads. The geographical limits of
state roads subject to this condition shall be determined by the FDOT but shall be restricted to those roadway
facilities which are operating adversely and the Project contributes 5% or greater to the adopted minimum LOS
service volume. The calculations shall consider impacts of the' entire Project through Phase 3 buildout.
Determination of the proportionate share payment shall use rhe following proportionate share contribution formula:
E\OJ458\Corres\nopc-final clean counry J'" amend do-November 20
DRI Trips XC
OS!
SV Increase
For this formula. DRI Trips is the cumulative number of the trips from the development expected to reach
the roadway during the peak hour ITom the complete Phase 3 buildout; SV Increase is the change in peak hour
maximum service volume of the roadway resulting from construction of the improvement necessary co maintain the
desired level of service; and Cost is the cost of construction, at the time of Developer payment, of an improvement
necessary to maintain the desired level of service. Construction cost includes ail improvement associated costs,
including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated
physical development costs directly required and associated with the construction of the improvement, as
determined by the government agency having maintenance authority over the roadway.
ff the parties cannot reach agreement independently by that time, or if so desired by the parties at any time
prior to that, then the issues in dispute shall be resolved through the ECFRPC'sadopted Dispute Resolution Process
or similar process. The solutions recommended as a result of this process shall be implemented and the
-.
Development Order amended pursuant to Section 380.06( 19), Florida Statutes, to include these solutions.
This agreement shall apply only to the impacted state facilities and shall be consistent with the provisions
of Rule 91-2.045(6), FA.C. and Section 380.06(15)(e), Florida Statutes.
18. Transportation: Annual Reports. In each DR! annual report, the Developer agrees that it shall
report all information required in F.A.C. Rule 91-2.025. [n addition, the annual report shall include turning
movement counts at Project entrances and the cumulative external iraffic being generated by the Project, either by
actUal count or through utilization of the most current edition of the Institute of Transportation Engineer's Trip
Generation Manual and development occupancy data. The chosen method shall be used consistently through the life
of the Project.
19. Settlement Agreement. Toward the achievement of the objectives in the preceding conditions, an
agreement among the City of Oviedo, City of Winter Springs, Rouse-Qrlando, [nc., a Maryland corporation, and the
Developer has been entered into and incorporated by reference hereto. Said agreement ad~c:s_~d.~~~es iss~es
relating to mitigation for the impacts of the Project on transportation facilities within said jurisdictions and other
._- ....
-~. .- ------...
matters as are more specifically set forth in said agreement. Nothing contained within said agreement alters or
waives the provisions and requirements of the other conditions contained in this Development Order as a mitigative
measure for the transportation impacts of the Project. Furthermore, ~said agreement
E\03458\CorTe3\nopc-tinal clean county 3" amend do-November 21
subrogates any c~:,~ition contained inthis DevelopmentDrdeL-.
10.
Pedestrian and Bicycle Circulation.
()
a. In the interest of safety, and to promote alternative fonns of transportation. the Developer
shall provide a safe system for cyclist and pedestrian circulation on site. The Developer shall consult ECFRPC's
and the County's Bicycle Coordinator regarding provisions for pedestrian and bicycle facilities. To the extent
practicable, walkways and bikeways shall be constructed between the regional mall, peripheral retail, and the
residential development surrounding the Project site, provided, however, no bikeways or pedestrian walkways shall
be constructed on land other than the Property. On-site bikeways shall be cOMected at Project entrances with
external bicycle systems (if any) and will be provided in accordance with the current State and County standards at
the time of implementation. Appropriate signage identifying bike routes will be installed. The provision of bike
lockers shall be required for the mall and showers for employees strongly encouraged. Notwithstanding the deletion
of Parcel 34 from this Development Order, the condition set forth in this sub-paragraph (a) shall nonetheless apply.
b. Special attention shall be given to the provision of a bicycle cOMection from the mall to
the CSX railroad right-of-way. The CSX has announced that it will abandon this right-of-way and the state and
. -")
adjacent local governments have expressed interest in acquiring this right-of-way for a Rails-to- Trails project. The
Developer shall participate in any planning process initiated by the Metropolitan Planning Organization or local
government regarding this potential Rails-to- Trails project. Notwithstanding the deletion of Parcel 34 from this
Development Order, the condition set forth in this sub-paragraph (b) shall nonetheless apply.
21. Ridesharing Program. The Developer shall make known to tenants of the Project that it is served
by an existing ridesharing program operated by LYNX. Transit and current ridesharing infonnation shall be
prominently displayed in public gathering areas, in employment centers, and in commercial center areas. Upon
opening of the mall, a ful1 time ridesharing coordinator shall be hired by the Developer and funded by the Developer
for the life of the Development Order for the Oviedo Marketplace Project. The ridesharing coordinator is primarily
responsible for coordinating with the area transit provider, conducting ridesharing campaigns within the Oviedo
Marketplace Project, publicity, processing applications, distributing information (including transit information), etc.
This position may be incorporated into the functions of any Transportation Management Association ("TMAn), if
one exists which services the area of the Project.
22. Transit:
POJ458\Com:slnopc-tinal c1e:ln counry J" amend do.November 22
a. LYNX servIce cOMecting the Oviedo Marketplace Project to existing routes.
employment centers and .appropriate residential areas shall be initiated upon opening of the mall. The Oviedo
Marketplace Project will construct stops for the service, and coordinate with LYNX. At a minimum. the Developer
shall take the steps described in paragraph (b) hereunder to facilitate at least one LYNX route to be operational to
the Project site through the period of effectiveness of the Development Order. At a minimum. transit operations
shall be adequate ro attract 100 peak hour riders prior to Phase 3a and 200 peak hour riders at buildout
b. Transit passenger shelters and transit parking bays shall be constructed where reasonably
necessary to augment and facilitat~ the operations of off-site transit facilities. The Developer shall consult with
LYNX on the design of bus facilities and amenities, including bus stops, to be located within the Project boundaries.
The following transit provisions shall be required, in consultation with LYNX;
c. Transit service shall be located in proximity to mall entrances, or as detennined to be
necessary by LYNX and the County.
-.
d. Access and internal collector and arterial road geometries shall accommodate an eight (8)
feet wide by forty (40) feet long advance design coach. The Developer shall provide shelters and pull-out bays
along the on-site transit route. Shelter locations shall be reasonably accessible via walkways/crosswalks for
pedestrian movement to and from buildings and shall meet all regulations required under the Americans with
Disabilities Act of 1990 (as it may be amended from time to rime).
e. Appropriate signage and sufficient area; lighting will be required at all bus stops and
shelter locations.
f. Transit schedule and infonnarion displays will be provided, at a minimum. at each on-site
bus stop.
g. Maintenance of transit amenities shall be the responsibility of the COD or a property
owners' association formed by the Developer.
h. Details, standards and phasing of all transit amenity provisions must be approved by
LYNX.
I. Pedestrian movement between bus stops shall not exceed 1300 feet.
E\03458\Correslnopc.finaJ c1e:ln county 3" amend do-November 23
J. Shuttle service that may be provided within the Project, if any, should develop an
operating plan to coordinate with the LYNX regional network. as applicable.
If additional property is necessary for bus stops beyond that which can be accommodated within the
~
r )
existing right-of-way, then this land shall be provided at no cost by the Developer. The need for additional land
shall be reviewable and resolved by Seminole County upon request by the Developer.
23. Transportation Management Association.
a. The Developer shall become an active and fmancially supportive member of any
Transportation Management Association (UTMA") which services this area.
b. Either through the TMA or individually, the Developer shall provide or require of mall
tenants of Phase 2 and employers in Phase 3 of the Project the following:
c. Require that transit and ridesharing stUdies be conducted by employers of more than 50 .
-~
people to assess travel patterns and commuting needs. This information shall be supplied to the TMA. if one is
operational. and LYNX, and shall be summarized and included in the DRl Annual Report.
.;:---,~
I. Preferential parking will be provided by employers to their employees who
participate in rideshare programs.
II. The Developer shall not prohibit the use of a portion of the mall parking area as
a rides hare lot The Developer shall accommodate this usage through coordination with LYNX,
Seminole County and the Metropolitan Planning Organization. On-site lots should accommodate
at least 100 vehicles and may be shared with parking for commercial land uses and should be
coordinated with available transit systems.
lll. Promote and encourage variable work hours and flextime participation by on-
site employers.
IV. Make known to tenants that the Project area is served by an existing ridesharing
program operated by LYNX. Future transit (when available) and current ridesharing information
shall be prominently displayed in all public gathering areas, in employment centers and in
commercial center areas,
E\O}458\Com:slnopc-finaJ clc:lII county }.. amend do-Novcmb1:r 24
v. Provide incentives. if necessary. to encourage the establishmenr of day care
facilities within the Project.
d. Mandatory membership by all non-residential entities within the Project shall be required
through enforceable covenants and other similar mechanisms as to those acquiring land within the Project after the
effective date of this Development Order.
24. Traffic Reduction Goals. The Developer shall commit to a definite, but non-binding, percentage .
goal toward the reduction in vehicle trips through the promotion of walking, bicycling, ridesharing and transit usage.
This shall be encouraged by the Developer through incentives to tenants and landowners within the Project The
percentage reduction goals shall be as follows:
Phase
Oyjedo Marketplace DR! Overall
Peak Hour Traffic Reduction Goal
Phase 2
Phase 3a
Ph~3b
5.0% of peak hour volume
10.0% of peak hour volume
15.0% of peak hour volume
within the context of the annual monitoring report, the Developer shall present an evaluation of the state of
the alternate transportation systems serving the site of the DR! Project. Progress shall be compared to the goals
stated above. Progress for the reporting year shall be documented to include ridership levels, transit route changes,
alterations or additions, ridesharing participation, transit amenity construction, park-and-ride lot sites, bicycles and
pedestrian facilities, and other efforts which facilitate movement into and around the site of the DR! Project by
means other than the single occupant vehicle.
25. Project Access.
a. In order to provide safe access and to preserve operational capacity, left and right turn
deceleration lanes shall be constructed at all Project entrances. Access to all regional roadways shall be limited to
the greatest extent possible.
b. In order to facilitate movement within the site, minimize traffic on the regional roadway
network and to encourage sharing of access points to the regional roadway network. the Developer shall where
practical:
I. allow connections between adjacent projects where land use compatibility
E\OJ458\Com:slnopc.final c1e:ll1 county J" amend do-November 25
alIows, and:
II.
share and combine driveways and create internal circulation systems to limit
f~\
r, )
congestion along regional roadways.
SECTION V. MONITORING MECHANISM
1. The County has established site review approval processes and irispection procedures for review
of developments pursuant to the Seminole County Land Development Code, which will constitute the monitoring
mechanism for assuring compliance by the Developer with this Development Order, and the Developer shall comply
with same. The Manager of the County's Development Review Division shall be the official responsible for
monitoring compliance by the Developer with this Development Order.
2. Notwithstanding anything in this Dev5(lopment Order to the contrary, if the conditions set out in
this Development Order are being satisfied and complied with by the owners and operators of one parcel within the
Project as depicted in Exhibit "B" attached to this Development Order, then upon the written request of the owner of
the parcel, the County Director of Land Management shalI confirm in writing to the owner, mortgagees and potential
mortgagees of the parcel that all the conditions are being complied with. If all the conditions are not being complied
with, the Director shall specify in writing which conditions are not being complied with. Further, noncompliance
with any conditions herein by the owner, mortgagee, operator, tenant, invitee or contractor of any other parcel within
the Project shall not adversely affect the parcel which is in compliance with this Development Order.
SECTION VI. ANNUAL REPORTING REQUIREMENTS
I. The Developer shall submit an annual report i on or before each anniversary date of this
Development Order during the build-out of the Oviedo Marketplace Project. The annual report shall be submitted to
the Seminole County Planning Department, the ECFRPC, the DCA and all affected permit agencies. The report
shalI include:
a. Any changes in the plan of development, or in the representations contained in the ADA,
or in the phasing for the reporting year and for the year,
b.
-A comparison of development activity proposed and actually conducted for the year;
c. Undeveloped tracts of land that have been sold by the Developer CO a separate entiry of
Developer:
E\OJ458\Com:slnopc-linaJ c1= county J" amend do-November 26
d. Identification and intended use of lands purchased, leased or optioned by the Developer
adjacent to the Property site since this Development Order was issued;
e. An assessment of the Developer's and the local government's compliance with the
conditions of approval contained in this D,evelopment Order and the comrnionents which are contained in the ADA
and which have been identified by the County, the ECFRPC, or the DCA as being significant;
f. Any known incremental DR! applications for development approval or requests for a
substantial deviation determination that were filed in the reporting year or which are to be filed during the next year;
g. Any indication of a change in local government jurisdiction for any portion of the Oviedo
Marketplace Project since this Development Order was issued;
h. A list of all local, state and federal permits which have been obtained or which are
pending by agency, type of permit, permit number and purpose of each;
I. A statement that all persons have been sent copies of the annual report in conformance
with Sections 3 80.06( (5) and (18), Florida Statutes; and
J. A copy of any recorded notice of the adoption of a development order or the subsequent
modification of an adopted development order that was recorded by the Developer pursuant to Section
380.06(15)(t), Florida Statutes.
SECTION vn. PERIOD OF EFFECTIVENESS
I. This Development Order shall be effective upon adoption by the County and shall remain in full
force and effect for the duration of the development of the Oviedo Marlcetplace Project as described in the ADA;
provided, however, that if five percent (5%) of Phase 2 (2281 external ADTs) is not constructed on or before
September I I, 2002, then without any action being taken by the County this Development Order shall expire except
(i) as to Phases I a and lb which may be conStrUcted. and (ii) as to any continuing obligations of the Developer,
except for any extension~ermitted pursuant to Section 380.06(19)(c), Florida Starutes. The effectiveness of this
Development Order and all Developer promises, comrnionents, obligations, covenants, liabilities, and
responsibilities may be extended by the County upon a showing by the Developer which demonstrates that the
completed portions and remaining portions of the Oviedo Marketplace Project substantially comply, as determined
E\OJ458\Corres\nopc-finaJ clean county J" ;unend do-Novanber 27
,.
by rhe Counry, with the conditions of this Development Order and the provisions of Section 380.06. Florida St:trutes.
Notwithstanding any provision herein to the contrary, if this Development Order shall expire, all dedic:ttions,
payments, or other considerations previously given by the Developer to the County or any other agency of
()"..
.1'
to.. ."
government shall survive such expir:ltion.
2. This Development Order and its conditions and all Developer promises, commitments, obligations
covenants, liabilities, and responsibilities touch and concern the Property and shall continue to run with, follow and
burden the Property. To this end, the said promises, commitments, obligations, covenants, liabilities and
responsibilities shall inure to the benefit of the County and shall operate as a perpetual burden and servirude upon
."
the Property unless released by means of an appropriate recordable instrument by the County. This Development
Order shall be recorded in the Official Records of the County and public land records. This Development Order and
all obligations, commitments, covenants, promises, liab!J.ities and responsibilities herein incurred by the Developer
shall be binding upon Developer and Developer's transferees, assigns and successors in interest (including
specifically, but not by way of limitation, any person or entity developing a part of the Oviedo Marketplace Project),
~.
and shall inure to the benefit of the County and its assigns and successors in interest as to all and each part of the
Property. The Developer shall pay any and all recording costs.
3.
Pursuant to the provisions of Section 380.06, Florida Statutes, this Development Order contains
c'"""'''
.- ")
Project buildout dates of 2002 (Phase 2) and 2005 (Phase 3). This Development Order shall expire seven (7) years
from the buildout dare of Phase 3b.
SECTION VIII, RESTRICTIONS OR DOWN-ZONING
Pursuant to Section 380.06(15)(c)(3), Florida Statutes, the Property shall not be subject to down-zoning,
unit density reduction. or intensity reduction until September 11,2010, unless this Development Order was based on
substantially inaccurate infonnation provided by the Developer or the change is clearly necessary by the County to
protect the public health, safety, or welfare. The above down-zoning conditions shall not act as a limitation on the
provisions of Section 30.449 of the Seminole County Land Development Code providing for the timing of
development and Section 30.449 providing for determination of substantial development The Developer agrees to
hold harmless, defend, indemnify and covenants not to sue the County with regard to the construction of any
improvements necessary -for the Oviedo Marketplace Project and with regard to any actions or omissions of the
Developer.
SECTION IX. COMMUNITY DEVELOPMENT DISTRICT
The Developer has created a COD pursuant to Chapter 190, Florida Starutes. The COD may construct or
E\OJ458\Correslnopc-final clean county J" amend do-November 28
'I fun~ any inf'r.1structure required in this Development Order. Such projects include, but are not limited to,
transportation, surface water managemenr, water, sewer and wastewater facilities and structures, and waste
collection and disposal systems and facilities. Funher, if the Developer is required to make or cause to be made
capital improvements herein, then it is intended that the Developer or the COO may make such improvements.
SECTION X. MODlFICA TIONS TO THIS DEVELOPMENT ORDER
The Developer shall submit. simultaneously, to Seminole County, the ECFRPC, and the DCA, any request
for approval of a proposed change to this Development of Regional fmpact and shall comply with Section
380.06(19), Florida Statutes.
ADOPTED and approved subject to the conditions set forth herein on this _ day of
2000 by the Board of Commissioners of Seminole Count!.
A TrEST:
J.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
Name:
Title:
Date:
MAR Y ANNE MORSE
Clerk to the Board of County
Commissioners of Seminole County Florida.
For the use and reliance of
Seminole County only.
Approved as to from and legal sufficiency
As authorized for execution by the Board of County
Commissioners at their , 2000,
regular meeting.
County Attorney
"COUNTY"
E\OJ458\CorTcslnopc.rinaJ c1C:ll1 county J" amend do-November 29
;,
-j.
JOINDER AND CONSENT BY DEVELOPER
A TrEST:
THE VIERA COMPANY, a Florida corporation
["'
'I .
t_. /"
Name:
Title:
Jay A. Decator. III
Division Vice President
By:
. Name:
Title:
Date:
Stephen L. Johnson
Vice President
"DEVELOPER"
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of . 200 I by
as of BOARD OF COUNTY COMMISSIONERS.
SEMINOLE COUNTY. FLORIDA. a political subdivision of the State of Florida on behalf of the County. He/she
is personally known to me or produced as identification and did not take an oath.
Notary Public
Name ofNowy:
Notary Public, State of Florida
Commission Number:
My Commission Expires:
-.
STATE OF FLORIDA
COUNTY OF
:-\
The foregoing instrument was acknowledged before me this
Stephen L. Johnson as Vice President of THE VIERA COMPANY, a
corporation. He is personally known to me or produced
take an oath.
day of . 2001 by
Florida corporation. on behalf of the
as identification and did not
Notary Public
Name ofNowy:
Notary Public, State of Florida
Commission Number:
My Commission Expires:
E\OJ4S&\COm:slnopc.tinal c1can county J" Jmcnd uo-Nuycmbcr )0
~..:\.<CAO\JC.J-,.1tOI\15"II-OVI[OO _CTP\.Ac( Wi\OW_......~1G'.f>OC........ ot 1001 l;J?..
\'
'--,
f.--)
,~/
Pm:cI19
Office
GIATrlNG
JACKSON
KERCHER
ANGLIN
LOPEZ
RINEHART
LAND USE BY JURISDlCITON
City of Oviedo
Pm:eI ~
lADd UIl>
R<UIl 12 'IS.I 1.200.000 SF
R<UIl 13 20.1 200.000 SF
T~ IIU I 400 000 SF
City of Wmtcr Springs
lADd UIl> Pm:d Amlopl =- .
RdallIOIIlcc 14 18.4 1 000 SF
T~ 18.4 I SF
I I
Seminole County
lADd UIl> Pm:eI ~
IldalIIOf!Icc IS 7.5 59
Notes: RdallIOIIlcc 16 5.1 30
RctaiIIOlficD 17 1.2 10
Ol!lce 18 4.2
(1) JDc1odeI, but iI DOt IimiIed II> omcc, Ciaical p~ aDd up lD . I2O-bed ot6oc 19 3.3
HaoplIaL 1bo afIIce CllIIIIpClIl<II widd:o. PIIIcoI rI wID Dot ~ 75.000 SF or 7 RctaiIIOlficD 2ll 1.4
ICZ'CI. RctaiIIOlficD 21A 1.4
I RtlIlIIliOfBcc 2lB 11.9
('2) 1bo llDCllocalion of wedmda II> be............s ill Pan:el1611l17~ 11111>0 Ol!lce 22- 5.4
~ offl:Da1111l1l p1amzizIa aDd ~ III lID CMC, ~ wI1ldle -=qc lD RctaiIIOlficD 23 0.9
be impclcd au:a:d 1.0 ..... RelaI1fO!Ilal 24 2.6
f RctaiIIOlficD 15 1.0
(3) A !aDd lIIO CCjlIinlcDc)' IIIIlI:ix alknn far 11>0 ~ of RCIil mol clfico .... RdIdII01lIco 26 3.0
bclWClII pm:da. 1bo JIIIIIh ~ II> c:haup bctweea h=b 13, 15, 16, 17. 20. HoopiIo1IOmcc rI 15.6
2la, 21b, IZld 23-32. PmeIIl&, 19, IZld 2211lql1!ro Il1Ili1oDdmo:m lD die PUD IZld
... DOt IlIbjcct II> 11>0 mmiL RdaIlIOIIlco 2S 1.1
RdaIlIOIIlco 29 1.2
RelaI1fO!Ilal 30 1.4
RctaiIIOlficD 31 1.6
RelaI1fO!Ilal 32 1.6
Rcoidcutia1 36 1.3
TOTAL 72..7
LAND USE BY. PHASE
Pm:eI(I) Amlopl ~ ..t
Lmd Uie
PHASll'1a ODd Ib APPROVED
~
i
250,197 SF
2,200
)
l2.9 SF 300
101.4 1 SF 7
15.6 104 1 SF 1 6SO
13 1 15
rI
36
46.0 419 000 SF 1750
o lD 12ll Bedo 240
1.3 4DU
Ro.Idailial
SUMMARY OPLAND USE
Legend
-.,.- Seminole County Jurisdiction
LmdJIl> Pm:eI(I) pc..clopm:m I~"
~ l2, 13, 14. 15. 16, 17.21
21.. 21b, 23, 24. 15, 26- 176.5 1.9tl9,I97 SF 10,9S0
2S. 29 30 31 32
omc" 18. 19 22- l2.9 Il26,SOO SF 600
~ rI 15.6 104,981 SF 6SO
I o lD 12ll Bedo 240
~ 36 1.3 4DU -
~ PoDds/Ila:row Pill - <48.6
Weiland CcaocmIIan - 89.3
t::aaII mol CcalllMem:ms - 2ll.2
~ - 36.0
';f-Wt:'! - 30.8
TOTAL 431.2 12.440
....~.
~
Driveway
City of Oviedo Jurisdiction
City of Winter Springs Jurisdiction
-.-
..----...-----...-.--.
-..-----.--------
..-------------.
---.....-------.---
-.-..--.---..----.----.
--.----.----------
-------------
EZSJ.......... .
.............
............
.............
............
Wetland Conservation Area
d I _-'2001
. . _~.2lnl
oVle omarketn~a<;e .~~I
SCAU!INFPJIT EB CIty ofWmter Spnngs Map H
~oo NOR~ Master Development Plan
I
...::.
.
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
FOR RECORDING DEPARTMENT USE ONLY
CITY OF WINTER SPRINGS
"'"S:l-l-~M"I n'1\~I~ DEVELOPMENT ORDER
FOR
OVIEDO MARKETPLACE (FORMERLY KNOWN AS OVIEDO CROSSING)
WHEREAS, it is the intent of the State of Florida, as expressed in Chapter 380, Florida Statutes, to protect
the natural resources and environment of the state, facilitate orderly and well planned development, and protect the
health, welfare, safety and quality of life of the residents of the state; and
WHEREAS, the State of Florida has established land and water management policies to guide and
coordinate local decisions relating to growth and development, and has determined that such policies should, to the
maximum possible extent, be implemented by local governments through existing processes for the guidance of
growth and development, and has also determined that all the existing rights of private property shall be preserved in
accord with the constitutions of the State of Florida and theUnited States; and
WHEREAS, the Development of Regional Impact review program has been established by the State of
Florida in recognition that certain development projects will, because of their character, magnitude or location, have
a substantial effect on the health, safety or welfare of the citizens of more than one county; and
1
009771 \62081 \#459281 v2
1
WHEREAS, DLI Properties, Inc., a Florida corporation, filed an original Application for Development
Approval entitled the "DLI Properties ADA" dated July 15, 1988 and additional information dated October 3, 1988
and December 12, 1988 (hereinafter together referred to as the "Original ADA") with Seminole County; and
WHEREAS, Seminole County (hereinafter sometimes referred to as the "County") issued a development
order in connection with the Original ADA dated March 10, 1990, and recorded March 20, 1990, in Official Records
Book 2162, Page 1612, Public Records of Seminole County, Florida (hereinafter referred to as the "Original
Development Order"); and
WHEREAS, the Project as described in the Original ADA was modified in connection with the filing of a
Notification of Proposed Change in 1993 and pursuant to which the County issued the First Amendment to
Development Order dated June 2, 1993 and recorded June 30, 1993 in Official Records Book 2608, Page I 17,
Public Records of Seminole County, Florida (hereinafter referred to as the "First Amendment"); and
WHEREAS, the Original Development Order and the First Amendment shall be jointly referred to as the
"First Development Order;" and
WHEREAS, the First Development Order set forth certain conditions with respect to the development of
certain property In Seminole County as described therein (hereinafter referred to as the "Seminole County
Property"); and
WHEREAS, the First Development Order contemplated that the Seminole County Property would be
developed into a mixed use project as contemplated in the Original ADA (which, as modified herein shall
hereinafter be referred to as the "Oviedo Marketplace Project" or the "Project"); and
WHEREAS, The Viera Company, a Florida corporation (hereinafter referred to as the "Developer") whose
address is Post Office Box 257, Oviedo, Florida 32765 is the successor in interest to DLI Properties, Inc. and had the
authority to and did seek a substantial deviation of the First Development Order with respect to the Project on the
Seminole County Property, all in accordance with Section 380.06( 19), Florida Statutes; and
WHEREAS, the County issued a Substantial Deviation Development Order for Oviedo Crossing dated
September 1995 and recorded October 27, 1995 in Official Records Book 2985, Page 1730, as amended and
2
009771\62081\#459281 \'2
superceded pursuant to that certain First Amended and Restated Substantial Deviation Development Order for
Oviedo Marketplace (formerly Oviedo Crossing) dated December 16, 1997 and recorded February II, 1998 in
Official Records Book 3369, Page 1077, as further amended and superceded pursuant to that certain Second
Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo
Crossing) dated August 31, 1998 and recorded October 15, 1998 in Official Records Book 3516, Page 1672, as
further amended and superceded pursuant to that certain Third Amended and Restated Substantial Deviation
Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated , 200 I and
recorded , 200 I in Official Records Book _, Page _, all of the Public Records of
Seminole County, Florida (hereinafter referred to as the "County Substantial Deviation Development Order"); and
WHEREAS, subsequently, the Developer annexed a portion of the Project into the City of Oviedo; and
WHEREAS, with respect to that portion of the Project annexed into the City of Oviedo, e City of Oviedo
issued that certain City of Oviedo Substantial Deviation Development Order for viedo Oviedo Cra sing dated June
3, 1996 and recorded September 18, 1996 in Official Records Book 3131, Page 1610, as amended and superceded
pursuant to that certain First Amended and Restated Substantial Deviation Development Order for Oviedo
Marketplace (formerly Oviedo Crossing) dated December I, 1997 and recorded February 13, 1998 in Official
Records Book 3370, Page 1449, as further amended and superceded pursuant to that certain Second Amended and
Restated Substantial Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated
, 2000 and recorded , 200 I in Official Records Book _, Page
_, as further amended and superceded pursuant to that certain Third Amended and Restated Substantial
Deviation Development Order for Oviedo Marketplace (formerly Oviedo Crossing) dated
2001 and recorded" ,2001 in Official Records Book _, Page _, all of the Public
Records of Seminole County, Florida; and
WHEREAS, subsequently, the Developer annexed a portion of the Project into the City of Winter Springs;
and
WHEREAS, in accordance with Section 380:06(I5)(h),FJorida Statutes, in May, 2001 the Developer filed
the County Substantial Deviation Development Order for approval by the City of Winter Springs and simultaneously
3
009771 \62081 \#459281 v2
filed a Notification of a Proposed Change in accordance with Section 380.06( 19), Florida Statutes; and
WHEREAS, the Notification of a Proposed Change was filed for purposes of (i) conforming the County
Substantial Deviation Development Order to the requirements of the City of Winter Springs as the applicable
government of jurisdiction; (ii) to address the matters applicable to that portion of the Project located in the City of
Winter Springs; and (iii) such other matters as particularly set forth herein; and
WHEREAS, the signatory below is an authorized officer of the Developer;
NOW, THEREFORE, it is hereby ordered and resolved by the City Council of the City of Winter Springs
tha,t, based upon the Findings of Fact and Conclusions of Law, the Oviedo Marketplace Project is approved pursuant
to Section 380.06, Florida Statutes, subject to the following terms and conditions to which the Developer agrees:
SECTION I. RECITALS
The above recitals are true and correct and form a material part of this Development Order.
SECTION II. FINDINGS OF FACT
1. In November 1994, the Developer filed with Seminole Colinty the Application for Development
Approval for a Substantial Deviation DR! known as the Oviedo Marketplace Project (formerly known as the Oviedo
Crossing Project) pursuant to Section 380.06, Florida Statutes, relating to the Property. In December 1994, the
Developer filed a First Sufficiency Response. The Application for Development Approval and First Sufficiency
Response are incorporated herein by reference.
2. Seminole County has issued the County Substantial Deviation Development Order applicable to
the Project.
3. The Developer has annexed into the City of Winter Springs that portion of the Project described
on Exhibit "A" attached hereto. The property annexed into the City <(9 is generally reflected on Map H
attached hereto as Exhibit "B"with development proposed on Parcel 14 as identified on such Map H.
4. In May 2001, the Developer filed a Notification of a Proposed Change to a Previously Approved
4
009771\62081\#459281 v2
Development of Regional Impact with respect to the Project on the Property in accordance with Section 380.06( I 9),
Florida Statutes.
5. The Developer is the owner and has the authority to file the ADA (as hereinafter .defined) and
obtain a Development Order with respect to the Property in accordance with Section 380.06, Florida Statutes.
6. The Project shall be developed in accordance with the infonnation, data, plans and commitments
contained in the Oviedo Marketplace Development ,of Regional Impact Application for Development Approval and
supplemental infonnation incorporated herein by reference unless otherwise directed by the conditions enumerated
below. For the purpose of this condition, the Application for Development Approval ("ADA") shall consist of the
following items:
(a) DLI Properties Application for Development Approval and Transportation Appendix
dated July 15, 1988 and Drainage Appendix dated June 1988; and
(b) DLI Properties Additional infonnation dated September 1988, and December 12, 1988;
and
(c) Oviedo Crossing Application for Development Approval dated November 1994; and
(d) Oviedo Crossing Response to Request for Additional1nfonnation dated December 1994;
and
(e) Additional infonnation provided by letter from John Rinehart of Glatting Jackson
Kercher Anglin Lopez Rinehart dated February 24, 1995; and
(f) Technical Memorandum - Oviedo Crossing Access to State Road 426 dated May 1995;
and
(g) Notification of a Proposed Change dated August 1997; and
(h) Notification of a Proposed Change dated April, 1998; and
(i) Notification of a Proposed Change dated August, 1999.
7. The Property does not lie within an Area of Critical State Concern.
5
009771 \62081\#459281 v2
8. The development of the Oviedo Marketplace Project will not unreasonably interfere with the
achievement of the objectives of the State Land Development Plan applicable to the area. Further, the development
of the Oviedo Marketplace Project is consistent with the State Comprehensive Plan.
9. The development of the Oviedo Marketplace Project is consistent with the City of Winter Springs
Comprehensive Plan and will be consistent with the Land Development Code of the City of Winter Springs.
10. The ADA has been reviewed by and recommendations for approval have been received from the
East Central Florida Regional Planning Council (the "ECFRPC"), pursuant to Section 380.06, Florida Statutes,
which after balancing the identified regionally significant impacts associated with each of the six criteria of
subsection 380.06{l2)(a), Florida Statutes, recommended to Seminole County that the Oviedo Marketplace
Substantial Deviation DRl be approved subject to specific conditions.
II. The ADA has been reviewed by and recommendations for approval have been received from the
City of Winter Spring Land Planning Agency s'tting as the Local Planning Agency.
12. This Development Order is in substantial conformity with the County Substantial Deviation
Development Order adopted by Seminole County but subject to the following modifications:
(a) While this City Development Order makes reference to the entire Project, the terms of
this Development Order shall apply only to that portion of the Project contained within the City of Winter Springs
arid more specifically, to the development proposed on Parcel 14 as set forth on Map H (Exhibit "B"). Selected
modifications have been made herein to the County Substantial Deviation Development Order to accomplish the
foregoing purpose.
13. All public hearings as required by Section 380.06, Florida Statutes, have been duly noticed and
held.
14. The Developer has heretofore submitted the Application for Development Approval to Seminole
County. The Developer has also submitted to the City of Winter Springs a proposed amendment to the City of
Winter Springs Comprehensive Plan to include the Property in the Future Land Use Map of the City of Winter
Springs Comprehensive Plan designating Parcel 14 for the Mixed Use land use category.
6
009771 \62081 \#459281 \'2
15. The proposed development consists of the following:
SUMMARY OF APPROVED/PROPOSED DEVELOPMENT
Oviedo Marketplace Substantial Deviation
Retail Services
360,000 SF
59,000 SF
38.5
7.5
1,450
Office
300
Hospital (4)
o to 120 Beds
Residential
4DU
1.3
240
N/A
Note:
(I) Includes a hospital related wellness center.
(2) Includes, but not,limited to, Office, Clinical Facilities, and up to 120-bed Hospital.
(3) Phase 2 includes a Regional Shopping Center with approximately 1,200,000 SF of gross leasable area. This is
approximately equivalent to 1,450,000 SF of gross floor area.
(4) The hospital structure for 120 beds may contain approximately 170,000 square feet. The 120-bed hospital may
be exchanged with office/clinical use in Phase 2 based upon traffic impact with a like amount of development
transferred into Phase 3.
7
009771 \6208 I \#459281 \'2
Retail Services
1,850,197 SF
185,800 SF
104,981 SF
o to 120 Beds
169.0
Office
20A
10,950
600
. Hospital/Office
15.6
650
240
Residential
4 DU
1.3
Storm water Ponds/Borrow Pits
Wetland Conservation
48.6
89.3
Canals and Canal Easements
20.2
Open Space
36.0
Right-of-Way
30.8
TOTAL
431.2
12,440
(a) Estimated Total Gross Daily Trip Ends
(i) Phase I - 23,420 ADT
(ii) Phase 2 - 43,502 ADT
(iii) Phase 3 - 26,632 ADT
TOTAL 93,554 ADT
Estimated Total Net External Daily Trips Ends (including capture) 82,341 ADT
(b) Water supply provided by Seminole County
(c) Wastewater service provided by Seminole County
(d) Solid waste disposal provided by Seminole County
(e) Fire and police protection provided by the City of Oviedo
The foregoing land uses shall be subject to substitution for alternate land uses in accordance with the
Equivalency Matrix set forth on Exhibit "e" attached hereto and incorporated herein by this reference (the
"Equivalency Matrix"). At least thirty (30) days before the Developer proposes to make an allowable land use
locational exchange between approved office use and retail use pursuant to the Equivalency Matrix, the Developer
8
009771 \62081 \#459281 v2
shall notify the City of Winter Springs, the City of Oviedo, Seminole County, the East Central Florida Regional
Planning Council and the Florida Department of Community Affairs of said election and provide each party with
cumulative information concerning any such exchanges to date and confirmation that office uses and retail uses have
not exceeded the maximum allowable by phase and cumulatively for each use. In addition, the DRJ Annual Report
shall include information indicating the cumulat!ve use of this land use locational exchange pursuant to the
Equivalency Matrix. Notwithstanding anything set forth herein to the contrary, total office square footage and retail
square footage exchanged pursuant to the Equivalency Matrix shall not exceed the maximum allowed as specified in
the Substantial Deviation Criteria set forth in Chapter 380 (I 9), Florida Statutes.
16. That portion of the total Project contained in the City of Winter Springs consists of the following:
SUMMARY OF LAND USE
OVIEDO MARKETPLACE
CITY OF OVIEDO, FLORIDA
Retail/Office/(Potential) Residential
14
15. I
160,000 SF
?
Open Space - Upland Conservation
5.2
29.2
Open Space - Wetland Conservation
TOTAL
:I: 49.5(1)
160,000 SF
?
Notes:
(I) Parcel acres shown are approximate and, during final planning and platting, parcel size may vary.
Source: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
July 1999 .
SECTION III. CONCLUSIONS OF LA W
Based upon the Findings of Fact and the Conditions of Approval hereinafter set forth, the City Council of
the City of Winter Springs makes the following Conclusions of Law:
I. The development of the Oviedo Marketplace Project is consistent with the achievement of the
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009771\62081\#459281 v2
objectives of the State Comprehensive Plan and the State Land Development Plan. and therefore will not
unnecessarily interfere with those objectives.
2. The development permitted by this Development Order is substantially consistent with the report
and recommendations of the ECFRPC.
3. The developmem of the Oviedo M"ketplm Pmjeot Is eooslSleo' wl,h the City -8
Comprehensive Plan, as amended, and with the City Development Code, and adequate public
f,,;ntles "e available fo, e8d Ph " 3 of
SECTION IV. TERMS AND CONDITIONS OF DEVELOPMENT RECOMMENDED
BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
I. General Conditions.
(a) Development of Phases I a and Ib of the Oviedo Marketplace Project was previously
approved for development pursuant to Development Order 89-312 issued by Seminole County as amended by the
First Amendment. Portions of those phases are under construction and portions of those phases have already been
completed, all in accordance with the Original ADA. Development of Phases 1 a and lb shall be completed in
accordance with the conditions of approval set forth in the Original ADA and the First Development Order.
(b) Development of Phase 2 and Phase 3 of the Oviedo Marketplace Project shall proceed in
accordance with the ADA, subject to the terms and conditions for approval contained in this Development Order.
The terms and conditions of the ADA are incorporated herein by this reference and made a part hereof as if fully set
forth herein; provided, however, if the terms or conditions of the ADA conflict in any way with the terms or
conditions of this Development Order, then the terms and conditions in this Development Order shall prevail as to
Phases 2 and 3.
(c) As to that portion of the Project contained in Seminole County, development of Phases 2
and 3 of the Oviedo Marketplace Project shall proceed i_n accordance with the Notice of Concurrency Review Test
Results #95-0008 issued by Seminole County. Specifically: As to Phase 2, the Developer recognizes that an
unconditional Certificate of Concurrency will not be issued without payment of facility fees and that failure to pay
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009771 \62081 \#459281 \'2
said fees for some or all of Phase 2 on or before September 12, 2000 shall result in a loss of facility reservation
rights under the Seminole County Concurrency Management System for such unpaid portion(s) of Phase 2. In the
event of loss of facility reservation rights, the unpaid portions of Phase 2 shall be subject to meeting the
requirements of Seminole County's Concurrency Management System prior to issuance of any further Development
Orders or permits by the County for such continued development.
As to Phase 3, following issuance ofa Certificate of Occupancy for the Phase 2 Regional Shopping Center,
and prior to initiation of any construction activity within Phase 3, the Developer shall conduct traffic monitoring and
modeling and potable water/sanitary sewer demand and hydraulic evaluations for the cumulative completed
development at that time. Such studies, including results, recommendations and updated projections of Phase 3
impacts shall be submitted to Seminole County along with an application for an updated/amended Concurrency
Review for Phase 3. The Developer recognizes that an unconditional Certificate of Concurrency will not be issued
without payment of facility fees and that failure to pay said fees for some or all of Phase 3 within two (2) years from
the adoption of the Seminole County Third Amended and Restated Substantial Deviation Development Order by
Seminole County shall result in a loss of facility reservation rights under the Seminole County Concurrency
Management System for such unpaid portion(s) of Phase 3. In the event of loss of facility reservation rights, the
unpaid portions of Phase 3 shall be subject to meeting the requirements .of Seminole County's Concurrency
Management System prior to issuance of any further Development Orders or permits by the City of Winter Springs
for such continued development.
(d) As to the development of that portion of Phase 3 of the Oviedo Marketplace Project
contained in the City of Winter Springs, the transportation improvements contemplated in Section IV, Paragraph 15
of this Development Order are sufficient to meet the concurrency requirements of the Land Development Code of
the City of Winter Springs.
Prior to initiation of any construction activity within Phase 3, the Developer shall conduct traffic
monitoring and modeling and potable water/sanitary sewer demand and hydraulic evaluations for the cumulative
completed development at that time. Such studies, including results, recommendations and updated projections of
Phase 3 impacts shall be submitted to the City of Winter Springs. The City of Winter Springs acknowledges receipt
of the foregoing studies for Phase 3. The Developer shall then satisfy all concurrency requirements consistent with
11
009771 \62081 \#459281 \'2
the Land Development Code of the City of Winter Springs and the other provisions of this Development Order.
2. Archaeological Protection Requirements. Project construction personnel shall be notified, through
posted advisories or other methods, of the potential for artifact discoveries on the site and to report suspected
findings to the Project manager. In the event of discovery of artifacts of historical or archaeological significance
during Project construction, the Developer shall stop construction at the site of discovery and notify Seminole
County, the City of Oviedo or the City of Winter Springs (whichever local government is applicable) and the
Division of Historic Resources of the Florida Department of State. From the date of notification, construction shall
be suspended within a 100-foot radius of the site of discovery for a period of up to 120 days to allow evaluation of
the site.
3. Wildlife Protection. Except as otherwise allowable by this Development Order, site development
related activities shall not result in the harming, pursuit or harassment of wildlife species classified as endangered,
threatened or a species of special concern by either the state or federal government in contravention of applicable
state or federal laws. Should such species be determined to be residing on, or be otherwise significantly dependent
upon, the Project site, the Developer shall cease all activities which might negatively affect that individual or
population and immediately notify the Florida Game and Fresh Water Fish Commission, the United States Fish and
Wildlife Service, the DCA, the ECFRPC <WQ Seminole County.Ql; the City of Oviedo or the City of Winter Springs
)' /
(whichever local government is applicable). Proper protection and habitat management, to the satisfaction of the
above agencies, shall be provided by the Developer. "Hamling" and "harassment" as used in this condition shall be
defined in the same manner as "harm" and "harass" respectively are defined in 50 CFR Section 17.3., Any
management plan for any species classified as endangered, threatened or as a species of special concern by the state
or federal government which may be identified on the Property shall be incorporated with this Development Order
upon approval by the above agencies.
4. Gopher Tortoise Protection. Mitigation of gopher tortoise impacts has heretofore been
accomplished by relocation to another site in a manner that is acceptable to the Florida Game and Fresh Water Fish
Commission and consistent with their applicable guidelines. Said plan is embodied in that certain Gopher Tortoise
Relocation Agreement between A. Duda & Sons, Inc. and the St. Johns River Water Management District dated
November 13, 1991, which is incorporated herein by reference.
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009771 \62081 \#459281 v2
r
5. Eagle Management Plan. The conditions set forth in Section II, Paragraph 4(g) of the Original
Development Order with respect to the eagle management plan are hereby deleted in their entirety. The nest was
destroyed by natural occurrence and the eagles have abandoned the nest and the nest has been inactive for a period
of time as judged by the Florida Game and Fresh Water Fish Commission and the United States Fish and Wildlife
Service to formally declare the nest abandoned.
6. Nonpotable Water Needs. To meet the nonpotable water use demands of the Property, the Project
shall use, in order of priority:
(a) all treated wastewater made available to the site which meets state criteria for reuse, up to
the entire nonpotable water demand;
(b) treated storm water; and
(c) nonpotable quality groundwater
unless otherwise directed by Seminole County, the City of Winter Springs or the City of Oviedo (whichever local
government is applicable), Florida Department of Environmental Protection, the St. Johns River Water Management
District, or other jurisdictional regulatory agency. If lower quality water is not available to meet the entire irrigation
needs of the site, then potable water may be used for those portions of the site having a deficient source so long as
the use of potable water otherwise complies with all applicable government restrictions.
7. Irrigation. Irrigation shall be 'performed in accordance with applicable Seminole County, City of
Winter Springs or City of Oviedo (whichever local government is applicable) ordinances and policies and the
Florida Department of Environmental Protection and the St. Johns River Water Management District rules and
regulations.
8. Surface Water Management System. In order to assure the accomplishment of the intended
objectives of the proposed storm water management program and compliance with the objectives set forth in Chapter
29-F-19.001, Florida Administrative Code, the Dovera Community Development District ("COD") has been formed
by the Developer pursuant to Chapter 190, Florida Statutes, and has, as part of its responsibilities, caused the
implementation of an inspection and maintenance program for all components of the surface water management
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009771 \62081 \1145928) v2
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-.
system for the Project site to assure that the components continue to operate at their design capacities for the life of
the Project. The COD shall be responsible for all applicable permit conditions imposed with respect to the surface
water management system by the St. Johns River Water Management District. This inspection and maintenance
program shall include, but not necessarily be limited to:
(a) Storm water facility operating inspections on a regular basis and following major rainfall
events for the removal of excessive sediment, debris or other flow obstructions;
(b) Routine maintenance activities (e.g., mowing, trash removal, etc.);
(c) Ongoing educational programs for maintenance staff personnel regarding the correct
usage of and application rates for fertilizers and chemicals (e.g. herbicides) within common areas that contribute
run-off to the stormwater management facilities, th~ removal of noxious weeds and retention of desirable aquatic
vegetation, and correct procedures for other maintenance/landscaping-related activities which have the potential for
adversely affecting water quality conditions on the Project site.
9. Affordable Housing.
(a) The Developer has demonstrated that there is an adequate housing supply to meet the
demand for the very low and low-income employee households for this Project. In order to ensure that an adequate
supply of housing continues to exist or is provided during the life of the Project, prior to the start of development of
Phase 3, the Developer shall recalculate the demand for affordable housing based upon actual employees hired in all
previous phases and estimated employees for the phase to be entered. The Developer shall also re-inventory the
available housing supply. Both analyses shall use methodologies that are adopted by rule by the Florida Department
of Community Affairs ("FDCA" or '!DCA") at the time of the analyses. If no such rule has been adopted, the
Developer shall use a housing methodology approved by the DCA, the ECFRPC and Seminole County, the City of
Winter Springs or the City ofOviedb (whichever local government is applicable).
(b) The Developer shall be responsible for mitigating any deficiencies for Phases 2 and 3, as
determined by the analysis done prior to beginning Phase 3. Mitigation for each phase shall reflect any cumulative
surplus housing provided by the Developer as well as cumulative unmitigated demand. Should the future analysis
14
009771 \62081 \#459281 v2
';
"".
show a need to mitigate the housing impacts of the Project, the Developer must do one or more of the following
within a ten mile or twenty minute commute of the Project site (whichever is closer):
(i) Build affordable housing units;
(ii) Buy down unaffordable housing units through donations or other mechanisms to
make them affordable;
(iii) Rehabilitate vacant substandard housing units to create adequate affordable units;
or
(iv) Implement any other alternative that is acceptable to the DCA, the ECFRPC and
Seminole County, the City of Winter Springs or the City of Oviedo (whichever
local government is applicable).
The Developer's proposed mitigation shall be approved by the DCA, ECFRPC and Seminole County, the
City of Winter Springs or the City of Oviedo (whiChever local government is applicable) and shall be included in
this Development Order by amendment. All housing provided for mitigation must be available or guaranteed
commitments made to assure that the needed housing will be available in accordance with the Adequate Housing
Uniform Standard Rule set forth in Rule 9J-2.048, Florida Administrative Code, or such other alternatives as are
acceptable as set forth in subparagraph (iv) above. The Developer shall report on the success of the mitigation plan
and shall provide sufficient documentation to demonstrate this success in the DR! annual report. No non-residential
development shall be permitted if mitigation needs have not been fully met or committed in accordance with this
paragraph.
10. Hazardous Materials. Should hazardous materials/wastes be present on the Project site then the
Developer shall prepare and submit a Draft Hazardous Materials Management Plan to the Florida Department of
Environmental Protection "FDEP" for review and approval. This condition will be considered met if the FDEP
determines that the Draft Hazardous Material. Management Plan meets the following criteria: Assures the
implementation of proper hazardous materials and wastes management and disposal procedures, and includes
provisions to assure the availability of sufficient financial resources and the initiation of actions for the prompt and
effective containment and clean-up of hazardous substances subsequent to a spill or contamination episode.
"Hazardous materials" are those for which the notification of the FDEP is required under Chapter] 7-30, Florida
Administrative Code.
15
00977\ \62081 \#45928\ v2
i
".
All medical facilities and medical offices on the site shall be subject to a separate hazardous
materials/waste plan. The plan shall include, but not be limited to: a) hazardous materials; b) hazardous wastes; c)
bio-hazardous wastes; and d) radioactive wastes. At a minimum, the plan shall provide for an inventory process,
handling and disposal procedures, responses to spills or other uncontrolled releases of materials/wastes, control of
hazardous gas and vapors and routine training of all staff and shall permit the participation by all generators and
handlers on the Oviedo Marketplace site. The plan shall be approved by FDEP and the DCA and shall be included
in this Development Order by amendment, which amendment shall be accomplished prior to the issuance of a
building permit for any medical facility, medical office or other use expected to handle or generate medical related
hazardous material/wastes. Such an amendment shall be presumed to not constitute a substantial deviation of this
Development Order under Section 380.06(19), F.S. if the hazardous materials/waste plan has received approval by
FDEP prior to the time that the amendment is proposed.
II. Natural Resources. The air quality condition set forth in paragraph 4 (a) of the Original
Development Order is hereby incorporated by reference in totality provided that the reference to the ADA shall be
deemed to refer to the information, data, plans and commitments contained in the documents referenced in Section II
paragraph five (5) of this Development Order.
12. Transportation: Proiect Phasing. For the purpose of the transportation conditions, the total Oviedo
Marketplace DRI shall be divided into and limited to the following phases, based upon peak hour trip ends or total
average daily trip ends (based upon the current rTE Trip Generation manual), whichever comes first.
la& Ib 2,002 2,002 23,420 23,420 (I)
(existing & approved)
2 (2002) 4,060 6,062 43,502 66,922 (2)
(includes mall)
3a (2005) 1,482 7,544 17,410 84,332
3b (2005) 856 8,400 9,222 93,554 >
(I) The estimated net external daily trip ends for Phase 1 is 20,454.
(2) The estimated net external daily trip ends for Phase 2 is 38,288 or 58,742 cumulatively for Phases I and 2.
(3) The estimated net external daily trip ends for Phase 3 is 23,599 or 82,341 cumulatively.
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009771 \62081\#459281 \'2
i
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,
13. Transportation: Monitoring and Modeling.
(a) The City of Oviedo acknowledges that the Developer has completed a
monitoring/modeling program for Phase 3. Prior to the initiation of Phase 3b, the Developer may, at its option
pursuant to Paragraph 15(n) below, conduct a final monitoring/modeling program. Said program shall ascertain the
level of service ("LOS") on facilities where the combined traffic from the Oviedo Marketplace Project is estimated
to contribute an amount of traffic greater than or equal to five percent (5%) of the adopted LOS roadway service
volume. The methodology of the monitoring/modeling program shall be agreed upon by the ECFRPC, the City of
Oviedo, Seminole County, City of Winter Springs, Orange County, the Florida Department of Transportation
("FDOT'), the DCA and the Developer, with LYNX being included in an advisory role only. All studies and
monitoring/modeling programs shall be consistent with the then current ECFRPC rules, procedures and criteria. The
depth of each monitoring and modeling effort shall be similar to that required within a DRl Application for
Development Approval but shall be compatible with the requirements of Seminole County's, the City of Oviedo's or
the City of Winter Spring's Concurrency Management System as it relates to facilities within the applicable local
government of jurisdiction. In the event that all parties cannot come to agreement on the methodology, the ECFRPC
and the applicable local government of jurisdiction shall be the final arbiters, with the applicable local government's
decision being final as it relates to its facilities (i.e., facilities located within the limits of Seminole County, the City
of Oviedo or the City of Winter Springs, as the case may be) and the ECFRPC's decision being final as it relates to
all other facilities.
(b) The following list of facilities indicates those roadways within the study area which were
analyzed for full buildout of the Oviedo Marketplace Project. The facilities to be monitored/modeled for Phase 3
may include, but shall not be limited to, those segments of the regional roadways within the following list and one
segment beyond where the Oviedo Marketplace Project is estimated to contribute a cumulative amount of traffic
greater than or equal to five percent (5%) of the adopted LOS service volume, based on the modeling of the buildout
of the Project. The LOS standard and service volumes shall be in accordance with the Comprehensive Plan for the
applicable jurisdiction where the roadway segment is located. The LOS standard and service volumes for roads on
the Florida Intrastate Highway System will be in accordance with the applicable laws and regulations. The analyzed
facilities will include signalized intersections and segment analyses of collector and higher classified roadways and
17
00977 1\6208 1\#459281 v2
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interchange ramps~
The ECFRPC, FDOT, Seminole County, City of Oviedo, City of Winter Springs, Orange County and
LYNX shall have the right to make reasonable requests for additional infonnation from the Developer to verify
adherence to these provisions. The Developer shall supply adequate infonnation toward compliance with these
requirements.
Candidate Roadways for Monitoring/Modeling Study
Aloma A venue (SR 426)
US 17-92 to Lakemont A venue
Lakemont Avenue to SR 436
SR 436 to Goldenrod Road (SR 551)
Goldenrod Road (SR 551) to Howell
Branch Road
Howell Branch Road to Tuskawilla Road
Tuskawilla Road to GreeneWay
GreeneWay to Dean Road
Dean Road to Chapman Road
Chapman Road to Slavia Road
Slavia Road to Mitchell Hammock Road
Mitchell Hammock Road to Winter Springs
Boulevard
West Broadway Street (SR 426)
Winter Springs Boulevard to Lake Jessup Drive
Lake Jessup Drive to SR 434
Horatio A venue
US 17-92 to Thistle Lane
Howell Branch Road
Thistle Lane to Lake Howell Road
Lake Howell Road to SR 436
SR 436 to Dike Road
Dike Road to Dodd Road
Dodd Road to Aloma Avenue (SR 426)
Dike Road
Howell Branch Road to Dodd Road
Dodd Road to Tuskawilla Road
Slavia Road
Red Bug Lake Road to Aloma A venue
(SR 426)
Geneva Drive (CR 426)
CR 419 to Lockwood Road
Lockwood Road to Seminola Woods Road
Red Bug Lake Road
SR 436 to Eagle Circle
Eagle Circle to Nodding Pines Way
Nodding Pines Way to Dodd Road
Dodd Road to Tuskawilla Road
Mitchell Hammock Road
Aloma A venue (SR426) to SR 434
SR 434 to Lockwood Road
Tuskawilla Road to Slavia Road
Slavia Road to Site Entrance (South)
Site Entrance (South) to Site Entrance
Site Entrance (West) to Site Entrance (East)
Site Entrance (East) to the GreeneWay
GreeneWay to Aloma Avenue (SR 426)
Chapman Road
SR 426 to SR 434
US 17-92 to Lake Drive
Lake Drive
Seminola Blvd. to Tuskawilla Road
GreeneWay
SR 50 to University Blvd.
University Boulevard to Aloma Avenue
Aloma A venue (SR 426) to Red Bug Lake
Road
Red Bug Lake Road to SR 434
SR 434 to Lake Mary Boulevard
Seminola Boulevard
18
009771\62081\#459281 v2
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CR419
SR 434 to Lockwood Road
Lockwood Road to Old Chuluota Road
Semoran Boulevard (SR 436)
University Boulevard to Aloma Avenue (SR 426)
Aloma Avenue (SR 426) to Howell Branch Road
Howell Branch Road to Lakemont Avenue
Lakemont A venue to Red Bug Lake Road
Red Bug Lake Road to Kawanee Trail
Kawanee Trail to Oxford Road
Oxford Road to US 17-92
SR 50 to University Boulevard
Goldenrod Road (SR 551)
SR 50 to University Boulevard
University Boulevard to Aloma Avenue (SR426)
Dodd Road
Howell Branch Road to Dike Road
Dike Road to Red Bug Lake Road
Tuskawilla Road
Aloma Avenue (SR 426) to Dike Road
Dike Road to Red Bug Lake Road
Red Bug Lake Road to Lake Drive
Lake Drive to Winter Springs Boulevard
Winter Springs Boulevard to SR 434
Lockwood Road
McCulloch Road to Seminole Creek Drive
Seminole Creek Drive to Little Econ River
Little Econ River to Mitchell Hammock Road
Mitchell Hammock Road to CR 419
CR 419 to CR 426
McCulloch Road
SR 434 to Lockwood Road
Dean Road
SR 50 to University Boulevard
University Boulevard to McCulloch Road
McCulloch Road to Aloma Avenue
Rouse Road
SR 50 to University Boulevard
SR 434
SR 50 to University Boulevard
University Boulevard to Corporate Boulevard
Corporate Boulevard to McCulloch Road
McCulloch Road to Chapman Road
Chapman Road to Alafaya Woods Blvd.
Alafaya Woods Blvd. to Mitchell
Hammock Road
Mitchell Hammock Road to Aloma Avenue
(SR 426)
Aloma Avenue (SR 426) to GreeneWay
GreeneWay to Tuskawilla Road
Tuskawilla Road to CR 419
CR419 to US 17-92
US 17-92 to CR 427
University Boulevard
SR 436 to Goldenrod Road (SR 551)
Goldenrod road (SR 551) to
Econlockhatchee Trail
Econlockhatchee Trail to GreeneWay
GreeneWay to Dean Road
Dean Road to Rouse Road
Rouse Road to Alafaya Trail (SR 434
In the event that a roadway widening is identified which is not compatible with adopted policy of the
FDOT or local government (for example, because it has been designated as a constrained facility) the Developer,
Seminole County ~ the City of Oviedo or the City of Winter Springs as the applicable local government of
jurisdiction, the ECFRPC, the FDCA and the party having either maintenance or jurisdictional responsibility for the
facility shall jointly detennine alternate mitigation solutions to provide for the transportation needs.
009771\62081\#459281 v2
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(c) As a part of the monitoring/modeling study, the Developer shall conduct a study of the
movie theater complex to assess trip generation characteristics. The results of this study shall be compared to the
trip generation for the malL
(d) The City of Winter Springs hereby acknowledges and agrees that the Developer has
satisfied the monitoring and modeling requirements set forth in this Paragraph 13 with respect to Phase 3.
14. Transportation: Monitoring and Modeling Results.
(a) The Project shall not commence beyond Phase 2 (an equivalent of 6,062 total gross peak
hour trip ends or 66,922 total gross daily trip ends) into Phase 3 when service levels are below the minimum service
level adopted in the applicable local government's comprehensive plan for that specific roadway during the peak
hour and the Project contributes, or is projected to ,contribute with the next phase of traffic, five percent (5%) or
greater of the adopted LOS service volume of the roadway or intersection as determined by the monitoring program
required in the preceding condition, unless mitigation measures and/or improvements are secured and committed for
completion during the phase or subphase in which impacts occur.
(b) Prior to the commencement of Phase 3, this list of committed roadway improvements
must be identified. These improvements shall occur, by the required threshold in order for the Project to proceed
through the balance of the phase or subphase. If the Developer can demonstrate that a portion of a phase or
subphase does not adversely affect the regional roadway network as determined by the monitoring and modeling
tests discussed above, then the Developer may proceed with that portion of the phase (and only that portion). It is
the intent of this condition to ensure that this Development Order is consistent with the provisions of Section
380.06(15)(e)(I) and 380.06(15)(e)(2), Florida Statutes, provided, however, that it is not the intent of this provision
or any other provision of this Development Order to impose upon Seminole County, the City of Oviedo or the City
of Winter Springs any obligation to fund or construct or to provide any public facilities to or for the Developer upon
which the development of the Project may depend. . Further, this condition is intended to avoid the conflict of
simultaneously applying the differing standards of the aforesaid 5% (9J-2.045, F.A.C.) rule and Seminole County's,
the City of Oviedo's or the City of Winter Springs' concurrency management systems. Should the provisions of this
Development Order give direction that prevents compliance with Seminole County's, the City of Oviedo's or the
20
009771 \62081 \#459281 v2
T
City of Winter Springs' concurrency management regulations as amended, then the concurrency regulations will
govern in accordance with the applicable laws and regulations,
(c) To aid in assessing the Project's potential for impacting facilities, DR! Annual Reports
shall include documentation that the applicable level of service requirements are being met. Such documentation
shall include current roadway LOS (may be obtained from latest concurrency management system data of Seminole
County and/or the City of Oviedo and/or the City of Winter Springs), Project traffic contributed to the roadway
facility (based on latest test modeling/monitoring effort) and other appropriate information~
15. Transportation Mitigation:
Phase 3a requirements (2005) The following improvements are those either assumed to be in place
(because they are programmed or are already funded) or they are necessary as a result of background traffic and
project-related traffic.
The following improvements are assumed to be programmed or funded:
Intersections
(a)
(b)
Roadways
(c)
(d)
(e)
(f)
2002).
(g)
(h)
009771 \62081 \#45928\ v2
1-4 and SR 417 - New interchange.
Mitchell Hammock Road and Lockwood Boulevard - add eastbound left-turn lane.
SR 434 - Widen to 4 lanes from Tuskawilla Road to SR 417 (year 2002).
CR 419 - Widen to 4 lanes from Lockwood Boulevard to Oviedo City limits (year 2002).
CR 419 - Widen to 4 lanes from the Oviedo City limits to Second Street (year 2002).
Dodd Road, - Widen to 4 lanes from Red Bug Lake Road to Howell Branch Road (year
SR 417 - new 4 lane toll road from US 17-92 to Lake Mary Boulevard (year 2002).
SR 417 - New 4 lane toll road from Lake Mary Boulevard to Rinehart Road (year 2002).
21
(i) East Lake Drive - Widen to 4 lanes from Seminole Boulevard to Tuskawilla Road (year
2002).
(j) SR 426 - Widen to 4 lanes from SR 417 to Mitchell Hammock Road (year 2002).
(k) SR 434 - Widen to 6 lanes from McCulloch Road to Mitchell Hammock Road (year
2002).
The following improvements or mitigation are required as a result of background traffic and Pr<?ject traffic
prior to commencement of Phase 3a:
(I) Red Bug Lake and SR 436 - the Developer shall pay Developer's proportionate share of
the cost of a study of improvement needs for the specified intersection, which proportionate share shall be based on
the ratio of Project traffic to total traffic. For purposes of this Development Order, Developer's proportionate share
shall be deemed to be Seventy Five Thousand and Noll 00 Dollars ($75,000.00), which shall constitute Developer's
mitigation for the Project's impact upon the specified intersection. The City of Winter Springs acknowledges that
the Developer has paid its proportionate share directly to Seminole County.
(m) SR 434 and SR 426 - As mitigation for any impact on the intersection of SR 434 and SR
426, Division Street shall be extended from Mitchell Hammock Road to SR 426 in a 2 lane configuration. Pursuant
to Rule 9j-2.045(7)(a) Florida Administrative Code, this condition shall be deemed satisfied if such improvement is
(i) in place and operational, (ii) under actual construction for the entire improvement, or (iii) committed for
construction in the current three (3) years of the City of Oviedo's Capital Improvement Element. In addition,
Developer shall conveyor cause to be conveyed an approximately 5.04 acre site to the City of Oviedo for use as
wetland mitigation for South Division Street.
The following improvements or mitigation are required as a result of background traffic and Project traffic
prior to commencement of Phase 3b:
(n) SR 426 must be widened to four (4) lanes from Mitchell Hammock Road to Winter
Springs Boulevard. This improvement must be committed for construction within the first 3 years of the FOOT 5
Year Work Program prior to commencement of Phase 3b development. [n the event that this improve'ment is not
committed for construction within the first 3 years of the FOOT 5 Year Work Program, the Developer may proceed
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009771 \62081 \#459281 v2
with construction of Phase 3b if Developer (i) advances the funds necessary for the construction of such
improvement, or (ii) conducts a final monitoring/modeling program in accordal1ce with the requirements of
Paragraph 13(a) above which demonstrates that such improvement is not required.
16. Transportation: Committed Improvements.
(a) The parties acknowledge that the local comprehensive plan is in compliance with Chapter
163, Part II, F.S., and that the plan includes a transportation concurrency management system that recognizes
improvements scheduled within the first three years of the capital improvements schedule (pursuant to Rule 9J-
5.0055(2)(c), F.A.C.) and within the first three years of the current FDOT improvement program. Therefore, for
Phase 3a, which is undergoing local concurrency review and for which adequate roadway facilities are conditionally
reserved those improvements identified in Paragraphs 15(a) through 15(k) shall be counted as committed regardless
of whether said improvements are actually constructed.
(b) Committed improvements may also include (i) a binding financially secured and
irrevocable commitment by the Developer or other applicable persons or entities for the design, engineering and
actwil construction of the necessary improvements with the posting of a cash bond, surety bond, irrevocable letter of
credit or other security in a form satisfactory to Seminole County, the City of Oviedo or the City of Winter Springs
which requires construction to occur during the applicable phase and must be in accordance with the requirements of
applicable law, and must otherwise comply with the requirements of the Seminole County, City of Oviedo or City of
Winter Springs Comprehensive Plan, or (ii) any alternative agreed upon by Seminole County or the City of Oviedo
or the City of Winter Springs, the ECFRPC, the DCA and the Developer and incorporated into the Development
Order by amendment.
17. Transportation: FDOT Agreement. In the event that the monitoring/modeling results as set forth
10 Paragraphs 13 and 14 hereof show that improvements must be made to state roads and if mitigation is not
provided as set forth in Paragraphs 15.and 16, then prior to a construction of any portion of the subphases of Phase 3
and subject to the provisions of Florida Statutes, Section 380.06( 15)(e), the Developer, Seminole County or the City
of Oviedo or the City of Winter Springs, and the FDOT shall enter into an agreement which ensures that a
proportionate share contribution is made to the FDOT for Project impacts to State roads. The geographical limits of
state roads subject to this condition shall be determined by the FDOT but shall be restricted to those roadway
23
009771 \62081 \#4 5928\ v2
facilities which are operating adversely and the Project contributes 5% or greater to the adopted minimum LOS
service volume. The calculations shall consider impacts of the entire Project through Phase 3 buildout.
Detennination of the proportionate share payment shall use the following proportionate share contribution fonnula:
DRITrips XC
os!
SV Increase
For this fonnula, DRI Trips is the cumulative number of the trips from the development expected to reach
the roadway during the peak hour from the complete Phase 3 buildout; SV Increase is the change in peak hour
maximum service volume of the roadway resulting from construction of the improvement necessary to maintain the
desired level of service; and Cost is the cost of construction, at the time of Developer payment, of an improvement
necessary to maintain the desired level of service.; Construction cost includes all improvement associated costs,
including engineering design, right-of-way acquisition, planning, engineering, inspection, and other associated
physical development costs directly required and associated with the construction of the improvement, as
detennined by the government agency having maintenance authority over the roadway.
If the parties cannot reach agreement independently by that time, or if so desired by the parties at any time
prior to that, then the issues in dispute shall be resolved through the ECFRPC's adopted Dispute Resolution Process
or similar process. The solutions recommended as a result of this process shall be implemented and the
Development Order amended pursuant to Section 380.06(19), Florida Statutes, to include these solutions.
This agreement shall apply only to the impacted state facilities and shall be consistent with the provisions
of Rule 9J-2.045(6), F.A.C. and Section 380.06(15)(e), Florida Statutes.
18. Transportation: Annual Reports. In each DRI annual report, the Developer agrees that it shall
report all infonnation required in F.A.C. Rule 9J-2.025 to the City of Winter Springs, the City of Oviedo and
Seminole County. In addition, the anriual report shall include turning movement counts at Project entrances and the
cumulative external traffic being generated by the Project, either by actual count or through utilization of the most
current edition of the Institute of Transportation Engineer's Trip Generation Manual and development occupancy
data. The chosen method shall be used consistently through the life of the Project.
24
00977\ \6208\ \#4 5928\ v2
19. Settlement Agreement. Toward the achievement of the objectives in the preceding conditions, an
agreement among the City of Oviedo, City of Winter Springs, Rouse-Orlando, Inc., a Maryland corporation, and the
Developer has been entered into and incorporated by reference hereto. Said agreement addresses and clarifies issues
relating to mitigation for the impacts of the Project on transportation facilities within said jurisdictions and other
matters as are more specifically set forth in said agreement. Nothing contained within said agreement alters or
waives the provisions and requirements of the other conditions contained in this Development Order as a mitiga~ive
measure for the transportation impacts of the Project. Furthermore, nothing contained within said agreement
subrogates any condition contained in this Development Order.
20. Pedestrian and Bicycle Circulation.
(a) [n the interest of safety, arid to promote alternative forms of transportation, the Deve[oper
shall provide a safe system for cyclist and pedestrian circulation on site. The Developer shall consult ECFRPC's and
the County's or the City of Oviedo's Bicycle Coordinator regarding provisions for pedestrian and bicycle facilities.
To the extent practicable, walkways and bikeways shall be constructed between the regional mall, peripheral retail,
and the residential development surrounding the Project site, provided, however, no bikeways or pedestrian
walkways shall be constructed on land other than the Property. On-site bikeways shall be connected at Project
entrances with external bicycle systems (if any) and will be provided in accordance with the current State, Seminole
County and City of Winter Springs standards at the time of implementation. Appropriate signage identifying bike
routes will be installed. The provision of bike lockers shall be required for the mall and showers for employees
strongly encouraged.
(b) Special attention shall be given to the provision of a bicycle connection from the mall to
the CSX railroad right-of-way. The CSX has announced that it will abandon this right-of-way and the state and
adjacent local governments have expressed interest in acquiring this right-of-way for a Rails-to- Trails project. The
Developer shall participate in any planning process initiated by the Metropolitan Planning Organization or local
government regarding this potential Rails-to- Trails project.
21. Ridesharing Program. The Developer shall make known to tenants of the Project that it is served
by an existing ridesharing program operated by LYNX. Transit and current ridesharing information shall be
prominently displayed in public gathering areas, in employment centers, and in commercial center areas. Upon
25
009771 \62081 \#459281 \'2
opening of the mall, a full time ridesharing coordinator shall be hired by the Developer and funded by the Developer
for the life of the Development Order for the Oviedo Marketplace Project. The ridesharing coordinator is primarily
responsible for coordinating with the area transit provider, conducting ridesharing campaigns within the Oviedo
Marketplace Project, publicity, processing applications, distributing information (including transit information), etc.
This position may be incorporated into the functions of any Transportation Management Association ("TMA"), if
one exists which services the area of the Project.
22. Transit:
(a) LYNX service connecting the Oviedo Marketplace Project to existing routes,
employment centers and appropriate residential areas shall be initiated upon opening of the mall. The Oviedo
Marketplace Project will construct stops for the serv)ce, and coordinate with LYNX. At a minimum, the Developer
shall take the steps described in paragraph (b) hereunder to facilitate at least one LYNX route to be operational to
the Project site through the period of effectiveness of the Development Order. At a minimum, transit operations
shall be adequate to attract 100 peak hour riders prior to Phase 3a and 200 peak hour riders at buildout.
(b) Transit passenger shelters and transit parking bays shall be constructed where reasonably
necessary to augment and facilitate the operations of off-site transit facilities. The Developer shall consult with
LYNX on the design of bus facilities and amenities, including bus stops, to be located within the Project boundaries.
The following transit provisions shall be required, in consultation with LYNX:
(i) Transit service shall be located in proximity to mall entrances, or as detennined
to be necessary by LYNX and the City of Oviedo.
(ii) Access and internal collector and arterial road geometries shall accommodate an
eight (8) feet wide by forty (40) feet long advance design coach. The Developer
shall provide shelters and pull-out bays along the on-site transit route. Shelter
locations shall be reasonably accessible via walkways/crosswalks for pedestrian
movement to and from buildings and shall meet all regulations required under the
Americans with Disabilities Act of 1990 (as it may be amended from time to
time).
(iii) Appropriate signage and sufficient area lighting will be required at all bus stops
and shelter locations.
(iv) Transit schedule and information displays will be provided, at a minimum, at
26
009771 \620R 1\#459281 \'2
_l
each on-site bus stop,
(v) Maintenance of transit amenities shall be the responsibility of the COD or a
property owners' association forn1ed by the Deveioper.
(vi) Details, standards and phasing of all transit amenity provisions must be
approved by LYNX.
(vii) Pedestrian movement between bus stops shall not exceed 1300 feet.
(viii) Shuttle service that may be provided within the Project, if any, should develop an
operating plan to coordinate with the LYNX regional network, as applicable.
If additional property is necessary for bus stops beyond that which can be accommodated within the
existing right-of-way, then this land shall be provided at no cost by the Developer. The need for additional land
shall be reviewable and resolved by Seminole County, the City of Oviedo or the City of Winter Springs upon
request by the Developer.
23. Transportation Management Association.
(a) The Developer shall become an active and financially supportive member of any TMA
which services this area.
(b) Either through the TMA or individually, the Developer shall provide or require of mall
tenants of Phase 2 and employers in Phase 3 of the Project the following:
(i) Require that transit and ridesharing studies be conducted by employers of more
than 50 people to assess travel patterns and commuting needs. This infonnation
shall be supplied to the TMA, if one is operational, and LYNX, and shall be
summarized and included in the DRI Annual Report.
(ii) Preferential parking will be provided by employers to their employees who
participate in rideshare programs.
(iii) The Developer shall not prohibit the use of a portion of the mall parking area as a
rideshare lot. The Developer shall accommodate this usage through coordination
with LYNX, Seminole County, the City of Oviedo, the City of Winter Springs
and the Metropolitan Plarining Organization. On-site lots should accommodate at
least 100 vehicles and may be shared with parking for commercial land uses and
should be coordinated with available transit systems.
(iv) Promote and encourage variable work hours and flextime participation by on-site
27
009771 \62081 \#459281 \'2
'.
'.
employers.
(v) Make known to tenants that the Project area is served by an existing ridesharing
program operated by LYNX. Future transit (when available) and current
ridesharing information shall be prominently displayed in all public gathering
areas, in employment centers and in commercial center areas.
(vi) Provide incentives, if necessary, to encourage the establishment of day care
facilities within the Project
(c) Mandatory membership by all non-residential entities within the Project shall be required
through enforceable covenants or other similar mechanisms as to those acquiring land within the Project after the
effective date of this Development Order.
24. Traffic Reduction Goals. The Developer shall commit to a definite, but non-binding, percentage
goal toward the reduction in vehicle trips through the promotion of walking, bicycling, ridesharing and transit usage.
This shall be encouraged by the Developer through incentives to tenants and landowners within the Project The
percentage reduction goals shall be as follows:
Phase
Oviedo Marketplace DR! Overall
Peak Hour Traffic Reduction Goal
Phase 2
Phase 3a
Phase 3 b
5.0% of peak hour volume
10.0% of peak hour volume
15.0% of peak hour volume
Within the context of the annual monitoring report the Developer shall present an evaluation of the state of
the alternate transportation systems serving the site of the DRl Project. Progress shall be compared to the goals
stated above. Progress for the reporting year shall be documented to include ridership levels, transit route changes,
alterations or additions, ridesharing participation, transit amenity construction, park-and-ride lot sites, bicycles and
pedestrian facilities, and other efforts which facilitate movement into and around the site of the DR! Project by
means other than the single occupant vehicle.
25. Project Access.
(a) In order to provide safe access and to preserve operational capacity, left and right turn
deceleration lanes shall be constructed at all Project entrances. Access to all regional roadways shall be limited to
28
009771 \62081\#459281 v2
'-
.
"
the greatest extent possible.
(b) In order to facilitate movement within the site, minimize traffic on the regional roadway
network and to encourage sharing of access points to the regional roadway network, the Developer shall where
practical:
(i) allow connections between adjacent projects where land use compatibility
allows, and;
(ii) share and combine driveways and create internal circulation systems to limit
congestion along regional roadways.
SECTION V. MONITORING MECHANISM
I. The City of Winter Springs has established site review approval processes and inspection
procedures for review of developments pursuant to the City of Winter Springs Land Development Code, which will
constitute the monitoring mechanism for assuring compliance by the Developer with this Development Order, and
the Developer shall comply with same. The City Manager or his designee shall be the official responsible for
monitoring compliance by the Developer with this Development Order.
2. Notwithstanding anything in this Development Order to the contrary, if the conditions set out in
this Development Order are being satisfied and complied with by the owners and operators of one parcel within the
Project as depicted in Exhibit "B" attached to this Development Order, then upon the written request of the owner of
the parcel, the City Manager or his designee shall confinn in writing to the owner, mortgagees and potential
mortgagees of the parcel that all the conditions are being complied with. If all the conditions are not being complied
with, the City Manager or his designee shall specify in writing which conditions are not being complied with.
Further, noncompliance with any conditions herein by the owner, mortgagee, operator, tenant, invitee or contractor
of any other parcel within the Project shall not adversely affect the parcel which is in compliance with this
Development Order.
SECTION VI. ANNUAL REPORTING REQUIREMENTS
I. The Developer shall submit' an annual report on or before each anniversary date of this
Development Order during the build-out of the Oviedo Marketplace Project. The annual report shall be submitted to
29
009771 \62081 \#459281 v2
.
the City of Winter Springs Planning Department, the ECFRPC, the DCA and all affected pennit agencies. The
report shall include:
(a) Any changes in the plan of development, or in the representations contained in the ADA,
or in the phasing for the reporting year and for the year;
(b) A comparison of development activity proposed and actually conducted for the year;
(c) Undeveloped tracts of land that have been sold by the Developer to a separate entity of
Developer;
(d) Identification and intended use of lands purchased, leased or optioned by the Developer
adjacent to the Property site since this Development Order was issued;
(e) An assessment of the Developer's and the local government's compliance with the
conditions of approval contained in this Development Order and the commitments which are contained in the ADA
and which have been identified by the City of Winter Springs, the ECFRPC, or the DCA as being significant;
(f) Any known incremental DR! applications for development approval or requests for a
substantial deviation determination that were filed in the reporting year or which are to be filed during the next year;
(g) Any indication ofa change in local government jurisdiction for any portion of the Oviedo
Marketplace Project since this Development Order was issued;
(h) A list of all local, state and federal penn its which have been obtained or which are
pending by agency, type of permit, permit number and purpose of each;
(i) A statement that all persons have been sent copies of the annual report in confonnance
with Sections 380.06(15) and (18), Florida Statutes; and
G) A copy of any recorded notice of the a?option of a development order or the subsequent
modification of an adopted development order that was recorded by the Developer pursuant to Section
380.06(15)(f), Florida Statutes.
30
009771\62081\11459281 v2
,
( '.
SECTION VII. PERIOD OF EFFECTIVENESS
1. This Development Order shall be effective upon adoption by the City of Winter Springs and shall
remain in full force and effect for the duration of the development of the Oviedo Marketplace Project as described in
the ADA; provided, however, that if five percent (5%) of Phase 3 (
external ADTs) is riot constructed on or
before September II, 2005, then without any action being taken by the City of Winter Springs this Development
Order shall expire except as to any continuing obligations of the Developer, except for any extension pennitted
pursuant to Section 3 80.06( 19)( c), Florida Statutes. The effectiveness of this Development Order and all Developer
promises, commitments, obligations, covenants, liabilities, and responsibilities may be extended by the City of
"
Winter Springs upon a showing by the Developer which demonstrates that the completed portions and remaining
portions of the Oviedo Marketplace Project substantially comply, as determined by the City of Winter Springs, with
the conditions of this Development Order and the provisions of Section 380.06, Florida Statutes. Notwithstanding
any provision herein to the contrary, if this Development Order shall expire, all dedications, payments, or other
considerations previously given by the Developer to the City of Winter Springs or any other agency of government
shall survive such expiration.
2. This Development Order and its conditions and all Developer promises, commitments, obligations
covenants, liabilities, and responsibilities touch and concern the Property and shall continue to run with, follow and
burden the Property. To this end, the said promises, commitments, obligations, covenants, liabilities and
responsibilities shall inure to the benefit of the City of Winter Springs and shall operate as a perpetual burden and
servitude upon the Property unless released by means of an appropriate recordable instrument by the City of Winter
Springs. This Development Order shall be recorded in the Official Records of Seminole County. This Development
Order and all obligations, commitments, covenants, promises, liabilities and responsibilities herein incurred by the
Developer shall be binding upon Developer and Developer's transferees, assigns and successors In interest
(including specifically, but not by way of limitation, any person or entity developing a part of the Oviedo
Marketplace Project), and shall inure to the benefit of the City of Winter Springs and its assigns and successors in
interest as to all and each part of the Property. The Developer shall pay any and all recording costs.
3. Pursuant to the provisions of Section 380.06, Florida Statutes, this Development Order contains
Project buildout dates of 2002 (Phase 2) and 2005 (Phase 3). This Development Order shall expire seven (7) years
31
009771\62081\#459281 v2
u
.
(' ~
from the buildout date of Phase 3.
SECTION VIII. RESTRICTIONS ON DOWN-ZONING
Pursuant to Section 380.06(15)(c)(3), Florida Statutes, the Property shall not be subject to down-zoning,
unit density reduction, or intensity reduction until September II, 2010, unless this Development Order was based on
substantially inaccurate infonnation provided by the Developer or the change is clearly necessary by the City of
Winter Springs to protect the public health, safety, or welfare. The Developer agrees to hold harmless, defend,
indemnify and covenants not to sue the City of Winter Springs with regard to the construction of any improvements
necessary for the Oviedo Marketplace Project and with regard to any actions or omissions of the Developer.
SECTION IX. COMMUNITY DEVELOPMENT DISTRICT
The Developer has created a COD pursuant to Chapter 190, Florida Statutes. The COD may construct or
fund any infrastructure required in this Development Order. Such projects include, but are not limited to,
transportation, surface water management; water, sewer and wastewater facilities and structures, and waste
collection and disposal systems and facilities. Further, if the Developer is required to make or cause to be made
capital improvements herein, then it is intended that the Developer or the COD may make such improvements.
SECTION X. MODIFICATIONS TO THIS DEVELOPMENT ORDER
The Developer shall submit, simultaneously, to the City of Winter Springs. the ECFRPC, and the DCA, any
request for approval of a proposed change to this Development of Regional Impact and shall comply with Section
380.06(19), Florida Statutes.
[SIGNA TURE BLOCKS BEGIN ON NEXT PAGE]
32
009771 \62081 \#459281 v2
~ <' '.'
, '"
ADOPTED and approved subject to the conditions set forth herein on this _ day of
200 I by the City Council of the City of Winter Springs, Florida.
ATTEST:
By:
City Clerk
CITY COUNCIL OF CITY OF
WINTER SPRINGS, FLORIDA
By:
Name:
Its:
Date:
For the use and reliance of Winter Springs
City Council only. Approved as to fonn and
Legal sufficiency.
As authorized for execution by the City Council, City of
Winter Springs, at their
200 I regular meeting.
City Attorney
/
/ /
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
as
day of ,2001 by
of the CITY OF WINTER SPRINGS
CITY COUNCIL, on behalf of the City. He/she is personally known to me or produced
identification and did not take an oath.
as
Name of Notary
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
My Commission Expires:
33
009771 \62081 \#459281 v2
f'/
JOINDER AND CONSENT BY DEVELOPER
THE VIERA COMPANY, a Florida corporation
ATTEST:
By:
Name:
Title:
By:
Stephen L. Johnson
Vice President
Date:
"DEVELOPER"
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of , 2001
by Stephan L. Johnson as Vice President of THE VIERA COMPANY, a Florida corporation, on behalf of the
corporation. He is personally known to me or produced as identification and did not
take an oath.
Name of Notary
NOTARY PUBLIC, STATE OF FLORIDA
Commission Number:
My Commission Expires:
34
009771 \62081 \11459281 v2
t.~ d?
;-' ,
EXHIBIT LIST
Exhibit "A" - Legal Description of Winter Springs Property
Exhibit "B" - Master Development Plan (Map H)
Exhibit "e" - Equivalency Matrix
35
009771 \62081\#459281 v2
\! f'~
Page 1-4
B.
Legal Description
LEGAL DESCRiPTiON
A TRACT OF LAND l Y!NG iN SECTION 17, TCVINSHIP 21 SOUT:~, RANGE 31 ~ST C::SCR:ac~
AS FOLLOWS:
'.
COMMENCE AT ThE NORTHi:AST CORNER OF LOT 12, OVIEDO CROSSiNG -
PHASE, 1 B, ACCORDING. TO THE PUT THEREOF AS RECCRDED IN ?tAT SOOK
47, PAGES 80, S1, 82, AND 83 OF THE ?UBUC RECOP.r:;S OF SEMINOLE
COUNTY, AS T.-iE POiNT OF BEGiNNING;. THENCE RUN ThE FOLLOWING
COURSES ALONG THE NORTrl UNE OF SAiD LOT 12; NORTH 72046'44. WEST.
63.09 FEET; SOUTrl &3005'12" WEST.Sl.20 r:::l; SOvTrl 53050'30. EAST,
4.23 r=l; . SOUTH 1600a'ss" EAST,. is.as ~I; SOLiTH 36003'21. EAST,
19.28 FEET; SOUTH 16006'lS" WEST, 18.l-5 FEET; SOUTH 17013'24. EAST,
23.03 FEET; SOlJlH 52056~25~ WEST, 24.8.6 F"I:.:I; SOUTH 65"39'42" WEST,
22.91 FEET; SOUTH 4005,'22" WEST, '19.28 'FEET; S'OUTH 14"41'54" WEST,
39.45 r-=I; SOUTrl 07028"n" WEST, 53.00 FEET; SOUTH 0305.4.'47" EAST,
17.73 i=EET; SOUTH 04032'01" WEsT, 32.26 F"=I; SOUTH 10023'42. EAST,
27.27 FEET; SOUTH 21 "25'56" EAST, 25.94 F"E:ET; SOUTrl 57013'53" EAST,
26.73 FEET; SOUTH 22030"24" EAST, 30.02 F"c:ET; SOUTH 17032"14" WEST,
34.51 FEET; SOUTrl 12034'08" WEST, 35.71 FEET; SOUTH 20039'55. EAST,
50.30 FEET; SOUTH 1404738" WEST, 33.01 Fttl; SOUTH 38046"47" W1=..:II,
36.55 FEET; SOlJTH 69023'30" WEST, 30.n 1-=1; SOUTH 83013'35" WEST,
31.96 FEET;. NORTH 83026'48" WEST, 29.09 FEET; SOlJTri 86"45'10" WC-5T,
. T22.ao 'F"cET; NORni 87033'11" WEST. 45.67 FEET; SOUTH 6902735" WEST,
21.26 FE:;; NORT.H 87032'46" WEST, 140",71 M:::I; THENCE, DE?AAI.NG SAID
NORTH UNE OF toT 12. RUN NORi:H 57024'04" EAST, 29.61 F"t::T; THS:iCE
RUN _ NORTH 00047'25" EAST, 484.40 FEET TO A CU~/E CCNcAVE
NCRTIiERlY; THENCE RUN WE:;, 15U.. Y A.~D THEN NOR7H~L Y ALONG ~D
CURVE, HAVING A RADIUSL:NGTH OF' 750.00 ;-;--::1, A CENT."'"\Al AN~ Ci=
138048'54". AN AnC L:.NGTrl OF 1 a17.09 FEET, A CHORD LE:....GTri OF 1404.15
1-::::1, AND A C-:CRD EEAFuNG OF NOR11i 1~16'44" "VEST; tHENCE RliN
NCRT.-l 43050'01. E.A.ST, 4 i 3.30 rce I TO THE SOUTHE"'-\l. Y UNE OF
TtiSCAWiliA UNIT 7, ACCORDING TV THE PlAT ThERECF, AS RE~RCED.lN
PlAT aOOK 22. PAGES 48 AND 47 OF THE pua.;c RECCRCS OF SCV.INCLE
COl:NTf,. FLORJDA;~ THEl'-lCE aUN AlONG THE. SC\JiHERlY UNE 0;: SAID
. TU-~'.NillA UNIT 7; sOUTri 70000'29" EAST, 664.21 r=l TO TriE
SOUTriEAST CORNER OF SAID FlAT; THENcE RUN SClr'Trl 01007'52. :AST,
31S.02 ?=..ET; THENCE,:'\UN SOUTH, S9037~40-"EAST, 520.75 F";:ET; TrlEN~ RUN
SOUTri 14032'i9. EAST, 169.31 F--::l; THENCE RLiN SOUTH 71020'10. EAST,
164.74 F"::ET TO A ?OINT ON THE WE:.IEl:.Y PJGh,-QF-WAY OF THE
PROPOSED OV!EiJO CROSSiNG T:?RACE; TP.ENCE RUN ALONG SAID PROPOSED
WEST RIGHT.OF-WAY UNE TrlE ,FCUOWING COURSES: SOUTH 55015'44"
'NEST, 200.22 r=1 TO A CURVE CONCAVE SOlrniEASTt:B.l.Y; THENCE RtJN
SOUTHWESTERLY ALONG SAlD CURVE HAVING A RADtUS LENGTH OF 9.5'0.00
red, A cENTRAL ANGLE OF 19006'05', AN ARC u:NGTH OF 315.71 ,.~-I, A
CHORD LENGTH OF 315.25 j---I, AND A OteRO BEARING OF SOUTH
45042'41. WEST; THENCE RUN SOl,"TH 360C~33. WST, 275.09 FEr TO A
CURVE CONCA'l!: SOUTHEASTaLY; THENCE. RUN SCUTHWESTER1.Y' ALC.'IiG
SAID CURVE HAVING A RADIUS LENGTH OF acO.CO F"=" A CENTRAl A....GLE .
OF 17043'35", AN. ARC,LENGTIi OF 248.57 1-::,:;'. A CHORD LEN.G1li OF 247.57
l-::el, AND A CHORD SEARiNG OF SCUTrl 270.15'22" WEST TO THE AFORESAID
NORTHEAST CORNE.=! OF LOT 12 AND' j}-:"E, POINT OF SEGINNING.
TrlE A30VE DESCRISE> TRACT OF LAND US iN SS\<lIi'OCLE COUNTY, F_ORJDA AND CCN"T~lNS
4$.551 A~ES, MORE CR LESS.' .
City of Winter Springs - Oviedo Marketplace
Comprehensive Plan Amendment
March 200/
/, f( ($"
. ..
~
Pm:d 19
Office
[..\oOtO\'Co.I-MtO.I\I~'ot-O\O'ICOO .....,,(l~t: ..-,;\o.._~~N',r:-= ....... oe 2001 2;J?..
Legend
-...- Seminole County Jurisdiction
City of Oviedo Jurisdiction
-. - C ty f Wi tee Spnn Jurisdicti
--------.--------.
J:::=~..;:=-_-;::"-"::==
;::~~__i! i 0 m . . gs ., 'on
f:::::::::::::::::::::::::1 Wetland Conservation Area
Notes:
LAND USE BY JURISDlcnON
City of Oviedo
UDdU..
R<DI1
R<DI1
ToCllI
PlIIcol
12
13
~
9S.1
20.1
115.2 I
City ofWmtcr Springs
UDd U.. PlIIcol
RdaiVOI!icc 14
ToII1
18.4
18.4
SF
SF
Sc:minole County
!.aDd U.. PlIIcol JiarJaF =r-
RdIILOIficc 15 7.5 59 SF
RdaiVOI!icc 16 S.1 3D SF
RdIILOIficc 17 1.2 10 SF
Olfke 18 4.2 so SF
Olfke 19 3.3 37 7SO SF
RdIILOIficc I 20 ' 1.4 2.720 SF
IldlU1o'Officc , ,1lA 1.4 ~SF
RdIILOIficc 21B 11.9
0!Iic0 \, 22 SA 39,1lllOSF
JldalLOf!k:O 23 0.9 11.2OS SF
Rt:ai1IOf!icc>\ 24 2.6 lUGS SF
RdIILOIficc , 2S 1.0 3.206 SF
IldlU1o'Officc 26 3.0 30.662 SF
Booplla1IOffico rT 15.6 104,!l81 SF
~l2O Beds
Rt:ai1IOf!icc> 28 1.1 11.200 SF
Rt:ai1IOf!icc> 29 1.2 8,682 SF
RdIi:L'OfIiaI 30 1.4 7.000 SF
RdIILOIficc 31 1.6 15.000 SF
Ildol1.'Oftlce 32 1.6 6..700 SF
hddandal 36 1.3 4DU
'roTA!. 72.7 S8O,978 SF
~l2O Beds
4DU
I
(I) IDcladco, bul iI_1lmIled to 0IIice, CiDIcal P8cl1Id<a.IIId lip to a l1O-bcd
BacpIIaL n.. amco CCIIIpCIltIlt wilhID Parcel rT wIl1 rot""","" 7S.ooo SF IlC 7
~ . I,.
CZl n.. _1ocatlca 01. RlImda to be l'llIIIDWlIlln PIi1:d 16 moy'l:bmae It lIIo
limo 01. fiDI1li1D pIazmiIla _ paIDIl:aiD&. III DO ..... booweft:r. wlIllbo:lllerrllp to
be ~=-I1.O ICIIl. I.' .
(3) A 1md lIIO eqaln1eacy IIlIIrlx a1Ion far lIIo azcbaasc r#. alCIIil_ alfico....
bctweoD paa>iI. n.. matrh lI!lIIlb to c:boItace ~ PIn:cIa 13, 15. 16. 17, 20.
11.. 21b. _ 23-32. Pm:da 18, 19. _ 22...pm... ~ to lbo:l POD_
.... -1lIbjecc to !be matrh. I i
I
I
,
LAND USE BYPHASll
UDdU.. Pa=I(.) ~
PHASIlhllld IbAPl'ROVED
IldIIi1IOlIico 1SO.197 SF pm
I
O!fico 11.9 SF 300
SUBSTANI1ALDBVIAnoN
PHASIl2
RetaI11Olli:e 101.4 SF 7
15.6 ISF 6SO
I 15 46.0 419 SF 17SO
rT o to 120 Beds 240.
36 1.3 400
SUMMARY OPLAND USE
LomdU.. Pa=l(1) ~ Q
RctaIIIolIIce 12.13. 14. 15, 16. 17,2C
I 11a, 21b. 23, 24, 1S, 26- 176.5 1.9tl9,197 SF 1(),9S0
28. 29. lit 3132
0fB00 I 18. 19 22 11.9 126.800 SF 600
~ rT 15.6 104,981 SF 6SO
o to 120 Beds 240
~ 36 1.3 400 -
~~PIIO - 48.6
Wdlarid~ - 89.3
CeaiI'md Cmollll---. - . 20.2
- 36.0
~-oI.-WIf - 30.8
TOTAL 431.2 I2MO
oviedomarkem1ace ill
~ E9 CityofWmterSprings MapH
o 200 400 8(X) NO,\11I Master Development Plan
GLATI1NG
JACKSON
KERCHER.
ANGLIN
LOPEZ
1lINEHART
(11toll1
lIotel
notl,1I (0-49 KBF)
~ (50-99 KSF)
(100-199 KBF)
Faet Food Reat.
IIIl!h TIO Reet,
Quality nut.
OUlu (0-49)
(SO-" KBII
(100-199 KB n
7200-199 KS l1\
Urulllil
Holel (I room)
Retail (0-49 KSF)
('0-99 KsP)
(100-199 KSF)
Fut Fooel Re.1. (KSP)
High T/O Rell. (f{SF)
. Quality Resl. (KSP)
Offioo (0-49 )
('0-99 KSF)
(100-199 KSF)
(200-299 KSF)
TO
!lotd
1.00 DU
14,47 DU
9.94 DU
7.86 DU
48.08 DU
18.00 D
13,86 D
9.13 D
.UI DU
3.11 DU
3,29 DU
, 8t1.11 He'.U
(0 . 4' KBFl (!ll-" KBPr
0.07 KSP 0.10 KSP
1.00 KSP .. -lM'KSP'
0.69 KSP . --1.00 KSP
. -
0.'4 KSP 0.79 KSF
3.32 KSP'- 4.84 KSF.
1.24K81-' 1.81 KSF
0.96 KSF 1,39 KSF
0.61 KSP 0,99 KSP'
0.3' KSP 0.'0 KSF
0,26 KSF 0,38 KSF
0,23 KSP 0.33 KSF
rM rul-n.or
r....-DI...ctlon
BatI
0.362
',240
3.600
2.847
17.410
6.'16
5.011
J.'6q
1.813
1.367
1,192
Sourea: Ollll/lnll Jacbon Karr:hllr AnBlln Loper Rlneharl, lno,
/111 Trip Oellemt(on Repol't, 6th EdItIon
~I
~
-,
'"
Exhibit F
EQUIVALENCY MA TUrn:
Oviedo Mal'kellllace
Helalr F.at 1100d IIIgh 'f/O Quality OUlce DUlce Olllce . l1illiiii--
(100-1" KSP) Ra',. Ilelt, Rei', (0 - 49 KSF) (110-99 KBf!) llOO-11I9 KSF) (201j)-J~!l.~E!:1.
o.n KSF 0.02 KSF 0.06 KSF 0.01 KSP , 0.10 KSP 0.20 KSP 0.26 KSF 0.30 IWP
1.84 KSP 0.30 KSP 0.80 ksp , 1.04 KSP 1.47 KSP 2.89 KSP 3.8] KSP 4.40-KSli--
1,26 KSP 0.21 KSP 0." KSP 0.72 KSP 1.01 KSF 1.99 KSP 2.63 KSP . 3.02 KSF
1.00 KSII - . 0.16 KSF 0.44 KSF OJ7 KSF 0.80 KSP 1.57 KSF 2.08 KSP 2.39 KSF
6.12 KSP 1.00 KSF - 2.67 KSF-- 3.41 KSF ".89 KSF 9.60 KSP 12.74 KsF 14.61 IWji--
2.29 KSF 0.37 KSF ' 1.00 KSF 1.30 KSr 1.8J KSP. 3.'9 KSF 4.77 KSF 5.47 'K9(1
1.76 KSF 0.29 KSF 0.77 I<SF - -.:00 KSP 1.41 KSF 2.77 KSF 3.67 KSF 4.21 KSF
.. 1.2' KSF 0,20 KSF 0." ,KS(l 0,7. KSF 1.00 KSY 1,96 KSF 2.60 KSF 2.99 K3f
0,64 KSF. 0.10 KSP 0.28 KSF 0.36 KSF . 0." KSF UO KSP 1.3] KSF , U2 I{BP
0.48 KSP 0,08 KSF 0,21 KSF, 0.21 KSF. 0,38 KSP O,1j KSP, . 1.00 KSF 1.I, IWP
, t1..t1 KSF 0,07 KSF. 0,18 KSF 0,24 KSF 0,31 KSp. 0.66 KSP 0.87 KSP 1.00 Kap
-