HomeMy WebLinkAbout2007 09 10 Regular 600 Conceptual Development Plan for 60 unit condominium development on Winter Springs Blvd.
COMMISSION AGENDA
ITEM 600
Consent
Information
Public Hearine
Regular X
September 10,2007
Meeting
MGR.r
/Dept.
REQUEST: The Community Development Department and Public Works Department requests the
Commission consider a conceptual development plan for a 60 unit condominium development on a
portion of 135.56 acres (according to the application), located on the south side of Winter Springs
Boulevard, adjacent to Howell Creek, within the Tuscawilla Golf and Country Club and the Tuscawilla
Planned Unit Development (PUD). Staff estimates the parcel size to be approximately 10 acres.
PURPOSE: The purpose of this Agenda Item is for the Commission to consider, provide comment on,
and approve, approve with conditions and/or modifications, or disapprove a conceptual development
plan for 60 condominium units (15 buildings) within a portion of the Tuscawilla Golf and Country Club,
located just east of and including a portion of the tennis courts at the Country Club.
SUMMARY STATEMENT:
Development rights exist on the proposed site. As specified in the Settlement Agreement
between the City and the Country Club, 19 single family units can be built upon the site.
The developer proposes to build up to 60 high end luxury condominiums on the proposed site.
The construction of the proposed condominiums would require an amendment to the Settlement
Agreement between the City and the Country Club.
The site involves wetland, floodplain, and floodway issues, all of which can be mitigated. The
wetlands have been determined to be low quality and easily mitigated. The floodplain issues can
be mitigated by engineering techniques which maintain the current volumes, velocity, and
elevation characteristics of the floodplain. The floodway issues can be mitigated by
documentation of the existing conditions which are inconsistent with FEMA maps.
September 10, 2007
Regular Item 600
Page 2 of9
The development potential of the site is as follows:
Mitigation Strategy
Building Units
1. No mitigation - avoiding wetlands, floodplain,
and floodway
2. Mitigating wetlands only
3. Mitigating wetlands and floodplain only
4. Mitigating wetlands, floodplain, and
floodway
12
48
56
60
Due to the expense and time involved in mitigating the floodway and the small number of units
that would be realized through this mitigation strategy, the developer may want to avoid this
mitigation altogether, or include it in a future phase of development.
Approval of the concept plan will need to be contingent upon the successful solution of these and
other less difficult site issues.
ZONING AND LAND USE DESIGNATION:
Zoning: PUD
Future Land Use Designation: Recreation & Open Space with a Conservation Overlay
I Medium Density Residential pending
APPLICABLE REGULATIONS:
Code of Federal Regulations (FEMA, 44 CFR 59, Sec. 59.1)
Comprehensive Plan
Chapter 5, City Code.
Chapter 8, City Code.
Chapter 9, City Code.
Chapter 20, City Code.
Settlement Agreement
CONSIDERATIONS:
1. The proposed development site is located on the south side of Winter Springs Boulevard, just east of
and including a portion ofthe existing tennis courts at the Tuscawilla Golf and Country Club.
2. The proposed development site contains wetlands, the 100 year floodplain, and the regulatory
floodway of Howell Creek, which drains more than 55 square miles (an area almost 4 times the size
of the City of Winter Springs). The Howell Creek Basin is located in both Orange and Seminole
counties, with its headwaters in the City of Orlando.
3. The property has a Future Land Use (FLU) designation of "Recreation and Open Space". The
applicant proposes to amend the FLU designation to "Medium Density Residential" to make it consistent
with the development rights granted to the property by the aforementioned Settlement Agreement.
2
September 10, 2007
Regular Item 600
Page 3 of9
4. Future Land Use Element Policy 1.1.7 states, "Properties that are designated as Conservation
Overlay areas may potentially contain wildlife habitat areas, hydric soils/wetlands (as
defined in the Conservation Element), special vegetative communities, areas within a public
water well radii of 500 feet, 100 year floodplain areas, and other areas subject to
environmental or topographic constraints. Conservation Overlay areas are subject to the
following conditions for approval:
. A final determination of the suitability for development of any individual parcel, as it
relates to a Conservation Overlay area on the Future Land Use Map, shall be determined
prior to issuance of any development approval.
. The Conservation Overlay area on the Future Land Use Map is not to be considered the
exact boundary of the conservation area, but to act as an indicator of a potential
conservation area. The exact boundary shall be determined by a qualified professional
at the expense of the Developer.
. The Conservation Overlay area is not all inclusive and other areas that do not fall within
the boundaries that meet the definition of conservation areas are also subject to the
regulations affecting them.
. Development approval will be subject to an Environmental Impact Study as to the extent
of the impact of development or redevelopment for any lands within Conservation
Overlay areas.
. Natural resources discovered as a result of the required Environmental Impact Study will
be protected. The Environmental Impact Study will require that a qualified professional
analyze the natural functions of eco-systems and connectivity of resource corridors. A
conservation land use designation or a conservation easement will be required to protect
the functions of natural resources. Mitigation may be allowed on a case by case basis
through the appropriate reviewing agencies.
. If an area within the Conservation Overlay area is determined to be developable and all
mitigation requirements have been met, then the underlying land use on the Future Land
Use Map will apply.
. A change from conservation overlay to a conservation land use designation will not
require State approval if the area is already shown as conservation overlay on the Future
Land Use Map.
. Any property in a Conservation Overlay area is encouraged to undergo the planned unit
development procedure which includes site specific plan approval and the clustering of
density to protect these areas. "
An Environmental Impact Study is required to identifY the natural functions of eco-systems and
connectivity of resource corridors and suitability ofthe site for development.
5. The applicant has submitted a small scale comprehensive plan amendment for 7.87 acres (5.7 &
2.17 acres), although the metes and bounds description identifies 9.902 acres, to change the
Future Land Use designation from Recreation and Open Space to Medium Density Residential.
3
September 10, 2007
Regular Item 600
Page 4 of9
6. The applicant's ecological consultant (BDA) has flagged the wetland line, pursuant to the Army Corps
of Engineers' criteria. The consultant's report (please see attached) states the wetland is degraded and
that there were no observations or evidence of protected species on-site.
7. The original Settlement Agreement, dated April 21, 1994, defines the subject property as
"Development Property" and requires it to be developed as single family detached residential.
The second amendment to the Settlement Agreement, dated September 30, 1996, allows the
subject property to be developed into not more than nineteen (19) detached single family
residential lots. The Settlement Agreement does not allow for condominium units and does not
allow for 60 units on the subject property. The City Commission must authorize an amendment
to the Settlement Agreement in order to proceed with this project.
8. The Tuscawilla PUD master plan must be amended to allow development ofthis site for residential
condominiums.
Floodplain I Floodwav Impacts:
A portion of the site is within the 100-year floodplain along Howell Creek. A total of six
buildings (24 units total) are proposed at locations which impact or potentially impact the
floodplain. These impacts are discussed in more detail below.
9. Infrastructure Element Objective IV-D-3 states "The City shall restrict development within the
1 OO-year floodplain to those uses which will not adversely affect the capacity of the floodplain to
store water. "
10. Infrastructure Element Policy IV-D-3.3 states "Where feasible, the floodplain shall be
reserved for conservation, open space and recreation uses to preserve the natural flow of
runoff "
11. Section 8-55 of the City Code, Standards for regulatory floodways, states "When
floodways are designated within areas of special flood hazard, additional criteria will be met.
Since the floodway is an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles, and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other developments.
(2) The prohibition shall not preclude the city or other governmental agency from
performing maintenance or flood control improvements in the floodway to maintain the
viability of the flo0 dway. "
12. Howell Creek is a major regional floodway that flows through the site from south to north
across the southeast portion of the property. Howell Creek originates in the City of Orlando and
runs for approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the
predominant drainage feature in the Howell Creek Basin, which has an overall watershed area of
approximately 55 square miles and encompasses ten jurisdictions in Central Florida.
4
September 10, 2007
Regular Item 600
Page 5 of9
13. At the proposed site, the FEMA flood maps identifY Howell Creek as being within the I 00-
year floodplain. The I DO-year floodplain is an area representing the land subject to a one-percent
or greater chance offlooding in any given year. At a creek or river, the FEMA flood maps
frequently divide the area of the I DO-year floodplain into a "regulatory floodway" and a
"floodway fringe" (see sketch below). The regulatory floodway is the flowing portion ofthe
drainage channel and is considered an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles, and erosion potential (ref City Code Section 8-55).
Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited
under the City Code, including fill. The floodway fringe is the area between the floodway and the
I DO-year floodplain boundaries. Encroachments into the floodway fringe are not prolubited by
the City Code but are not recommended due to the impacts these encroachments could have on
the channel cross section and the hydraulic performance of the channel.
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14. The Tuscawilla Greens site plan shows two encroachments into the regulatory floodway. One
is at the building located at the east end of the east cul-de-sac, and the other is at the proposed
stormwater pond at the south end ofthe site. These encroachments are prolubited by City Code
and cannot be allowed unless the floodway limits on the FEMA map are officially moved by a
Letter of Map Revision (LOMR). The developer has indicated that they intend to pursue a
LOMR through FEMA to relocate the floodway limits based on inaccuracies on the existing flood
5
September 10, 2007
Regular Item 600
Page 6 of9
map. The floodway limits for Howell Creek on the flood map do not coincide with the actual
limits of Howell Creek in some areas, especially near the north end of the site where the creek
meanders to the east. Staff supports changes to the flood maps that make them more accurate
when sufficiently supported by engineering analysis.
15. The proposed concept plan consists of two phases. Phase I consists of 14 buildings and
includes all buildings that do not directly encroach into the regulatory floodway. Phase II is
shown with the one building that encroaches into the regulatory floodway. Phase I includes two
buildings that impact the floodway fringe, and another three buildings that could impact the
floodway fringe with fill depending on how the site is graded. Each building contains four
condominium units. Encroachments into the floodway fringe are not recommended. Impacts to
the floodway fringe can be minimized through the use of retaining walls. The table below
summarizes the 100-year floodplain impacts as shown on the concept plan.
Summary of 100- Year Floodplain Impacts
Condominium Units Condominium Units Condominium Units that
Encroaching the Encroaching the may impact the Floodway
Existing Regulatory Floodway Fringe Fringe due to fill
Floodwav
Phase I 0 8 12
Phase II 4 0 0
Total 4 8 12
16. To mitigate the floodplain impacts, the concept plan shows two compensating storage ponds.
Compensating storage ponds are required by the City Code to provide a stormwater storage
volume equal or greater than the areas within the floodplain that will be filled.
17. Staffhas concerns about possible encroachments into the 100-year floodplain at this site, for
the following reasons:
1. Howell Creek is a floodway of regional significance that drains a watershed 55 square
miles in area. Changes to the channel cross section, including encroachments into the
floodway fringe, could reduce the channel capacity and/or create additional adverse
impacts.
2. Creek bank erosion has been a problem in the past at this location for several adjacent
Chelsea Parc properties abutting the east side of Howell Creek. In 2005, a creek bank
stabilization project was constructed along the east side of the creek under the City's
emergency watershed management agreement with the Natural Resources Conservation
Service. The project included retaining walls and other erosion control items at a total
cost of approximately $48,000.
3. The compensating storage ponds are located upstream of the floodplain areas impacted by
the project. While the overall compensating storage volume may be sufficient, the changes
to the channel cross section at the floodplain encroachment areas could still cause
floodplain changes not completely mitigated by the compensating storage ponds.
6
September 10, 2007
Regular Item 600
Page 7 of9
18. Based on the concerns listed above, staff recommends that the site layout be modified to
eliminate all impacts to the 100-year floodplain. If encroachment into the 100-year floodplain at
the floodway fringe is permitted, the applicant should provide an engineering analysis
demonstrating the following:
1. No increase in the base flood elevation on any upstream, downstream, or adjacent
property
2. No changes in the channel velocity upstream, downstream, or at the site
3. Compensating storage ponds have adequate volume, are located in the same drainage
sub-basin, provide all compensating volume above the seasonal high groundwater
level and below the base flood elevation, and they are functional such that displaced
stormwater runoff can be diverted into the compensating storage ponds.
Stormwater Treatment:
19. Stormwater runoff from the site currently discharges into Howell Creek, which discharges
into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels ofnitrogen and
phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the state requires
reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. The
Lake Jesup Basin stakeholders, including the City of Winter Springs, are currently preparing a
basin-wide plan to reduce pollutant discharges into the lake. One method is to require new
developments to demonstrate no net increase in pollutant loadings between the pre and post-
development conditions. The St. Johns River Water Management District already requires this on
most projects within the Lake Jesup Basin. Due to the site's proximity to Howell Creek, Staff
recommends requiring no net increase in pollutant loadings under the post-development
conditions as a City requirement. This may require additional stormwater treatment facilities
beyond those currently shown on the concept plan.
Parkin!!::
20. The applicant proposes 15 buildings (14 in phase I and 1 in phase 2), each with 4 residential
condominium units. Each condominium unit is to have a 2 car garage. Nineteen (19) on-street
parallel parking spaces are also proposed. Some ofthese on-street spaces may be lost due to
driveway cuts, which are not shown on the concept plan. The concept plan does not show any
driveways and thus it is not clear if there are any driveway parking spaces. Assuming no driveway
parking is available, the overall parking ratio is 2.3 spaces per unit, the same as Heritage Park.
This ratio assumes that all two-car garages will be utilized at their full two-car parking capacity.
Staffhas observed on recently completed projects, such as Heritage Park and Barclay Reserve,
that not all garages are being used at their full capacity. This is causing an excessive demand for
the limited number of on-street spaces, which are being used by residents for daily parking rather
than by visitors as intended. On recent multi-family projects, including Winter Place and Sonesta
Pointe, the garage parking capacity has been reduced by 50% to provide a more realistic count of
the number of available parking spaces. Staff recommends applying this same 50% discount to
Tuscawilla Greens and requiring a minimum overall parking ratio of2.5 spaces per unit after the
discount is factored in.
7
September 10, 2007
Regular Item 600
Page 8 of9
Traffic:
21. Pursuant to Trip Generation. ih Edition, by the Institute of Transportation Engineers, 60
condominium units will generate 352 average annual week day trips (60 x 5.86 = 351.6). This
will require a traffic study (pursuant to Traffic Element Policy 1.1.3.) during development review.
FINDINGS AND RECOMMENDED CONDITIONS OF APPROVAL:
1. The proposed development site has a Recreation and Open Space (Medium Density Residential
pending for part of the site) future land use designation. The future land use amendment must be
approved before this development is to proceed.
2. The proposed site is part of a larger golf course site, has PUD zoning, and an existing Settlement
Agreement that must be amended if this development is to proceed. The City Commission must
authorize any amendment to the Settlement Agreement.
3. The proposed development area comprises portions ofthe Howell Creek regulatory floodway and
100-year floodplain. Encroachment into these areas is not recommended without appropriate
mitigation. The comprehensive plan directs development outside ofthe 100-year floodplain.
Section 8-55 prohibits new development in the regulatory floodway. The Letter of Map Revision
could be a condition of final engineering approval and must be received before a pre-construction
conference is held or any site work commences.
4. Stormwater treatment shall meet SJRWMD criteria for no net increase in the post-development
phosphorous loading.
5. The proposed site is largely comprised of wetlands associated with Howell Creek. Mitigation is
required, pursuant to the Comprehensive plan, before any site work or wetland encroachment may
commence.
6. The Tuscawilla PUD master plan must be amended to allow development ofthe site for
residential condominiums. Staff believes that the master plan amendment could occur
simultaneously with the FLU amendment. Staff believes Tuscawilla is a Part "B" PUD. The Part
"B" PUD master plan amendment process is set forth in Section 20-385 ofthe City Code. The
applicant will need to demonstrate that the recreation and open space requirements of Section 20-
380 (c) (3) and (4) will be met for both the proposed development and the remaining portion of
the PUD.
7. The project does not appear to provide sufficient parking. An overall parking ratio of2.5 spaces
per unit is recommended, after the two-car garages have been discounted by 50% (one space per
two-car garage).
8. Any acceptable deviations from the Code must be addressed through a development agreement,
special exception, variance, or some other appropriate mechanism deemed acceptable by the City
Attorney. No deviations from comprehensive plan requirements are permissible (Section
163.3194, FS).
8
September 10, 2007
Regular Item 600
Page 9 of9
RECOMMENDATION:
Staff can recommend that the City COlmnission approve the concept plan and allow the project to
proceed, conditioned upon the above listed findings and conditions of approval being addressed by the
applicant.
ATTACHMENTS:
A - BDA August 20, 2007 letter
B - Architectural renderings
C - Concept Plan
COMMISSION ACTION:
9
BDA
RECEIVED
A'JG 3 1 2001
ENVIRONMENTAL CONSUL1'ANTS
CITY Uf' WIN It::R SPRINGS
Permitting & licensing
August 30, 2007
File: 2007-038
SENT VIA ELECTRONIC MAIL AND U.S. POSTAL SERVICE
Mr. Thomas J. Corkery
Tuscawilla Greens
clo Congressional Homes Developers and
Centerline Homes
1491 East S.R. 434, Unit 103
Winter Springs,-Florida 32708
Phone: 407/971-8857
Fax: 407/971-1538
RE: Wetland Evaluation Letter for the Tuscawil1a Greens Project Site
Seminole County, Florida
Dear Mr. Corkery:
Breedlove, Dennis & Associates, Inc. completed the delineation of the wetland areas that would be
considered jurisdictional by the Department of the Anny, Corps of Engineers pursuant to the 1987 Federal
Wetland Delineation Manual; the St. Johns River Water Management District pursuant to Chapter 62-340 of
the Florida Administrative Code, and Seminole County on March 28, 2007.
The condition of the on-site wetland was noted during the field delineation. A majority of the forested
wetland system, primarily in the western half, would be considered having a lower functional value due to
the disturbance from dumping of trash and landscape material, hydrologic impacts caused by man-made
ditching through tlle project site and along the existing roadways, and the surrounding development.
Evidence of hydrologic impacts consisted of soil subsidence and the abundant presence of nuisance/exotic
(N/E) species and upland species encroachment. These species include Peruvian primrosewillow (Ludwigia
peruviana), Chinese tallowtree (Sapium sebiferum), camphortree (Cinnamomum camphora), southern
magnolia (Magnolia grandiflora), elderberry (Sambucus nigra subsp. canadensis), Japanese climbing fern
(Lygodium japonicum), creeping oxeye (Sphagneticola trilobata), Jolmsongrass (Sorghum hale pense),
skunkvine (Paederia foetida), climbing hempvine (Mikania scandens), sword fern (Nephrolepis sp.),
P:\Adl11in\l'ROJECTS\2007038\1etters\Wetland Letter Tuscawilla Greens.doc
BREEDLOVE, DENNIS & ASSOCIATES, INC.
2'330 W. Canton Ave. - Winter Park. FL 32789
Phone: 407-677-1882..' Fax: 407-657-7008
D 30 East Liberty St. - Brooksville. FL 34601
Phone: 352-799-9488 - Fax: 352-799-9588
D 1167 Grecn Hill Tl1lce - Tallahassee, FL32317
Phone: 850-942-1631 - Fax: 850-942-9776
BDA
ENVIRONMENTAL CONSULTANTS
Mr. Corkery
August 30, 2007
Page 2
common ragweed (Ambrosia a rtemisiifolia) , American pokeweed (PhytoZacca americana), blackbeny
(Rubus sp.), Caesarweed (Urena Zobata), and grape (Vilis sp.) vine. The canopy stratum in the northwestem
pOltion of the wetland was dominated by skllnkvine and grape. The wetland habitat adjacent to Howell
Creek is comprised of ri10re desirable wetland species such as cypress (Taxodium sp.), sweetbay (Magnolia
virginiana), common bllttonbush (CephaZanthus occidentalis), and marsh fem (TheZypteris pa/ustris).
However, upland species encroachment and N/E species was observed such as cultivated Mexican petunia,
Johnsongrass, creeping oxeye, and Caesarweed.
The upland habitat is isolated and surrounded by development and consists primarily oflongleafpine (Pinus
palustris), live oak (Quercus virginiana), scattered sweetgum (Liquidambar styraciflua) and water oak
(Quercus nigra), and dense, overgrown saw palmetto (Serenoa repens). The herbaceous understory is
scattered or lacking in most areas due to the density of the saw palmetto. During the site survey within the
upland habitat, there were no observations nor was there any evidence (i.e. scat, bun'ows, tracks) of
protected species on-site. Due to the dense nature of the saw palmetto, the absence of desirable soil types,
lack of a foraging base, and the isolated nature of this habitat (surrOlUlded by wetlands and development),
the potential for the presence of gopher tortoises (Gopherus polyphemus) is considered unlikely.
Sincerely yours,
~J7~
Tonda L. Logue, F.R.E.P., M.S.
Senior Scientist
TLL/vcl
P:\Admin\PROJECTS\2007038\lcllers\ Wetland Letter Tuscawilla Greens.doc
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'~ SECOND LEVEL RESIDENCE
.,
I' _..
RECEIVED
AUG 2 3 2007
2,326 sq ft
28 sq ft
400 sq ft
97 sq ft
2,851 sq ft
TER SPRINGS
CITY OF W1tyN Development
Communi