HomeMy WebLinkAbout2001 11 26 Public Hearings A First Reading - Ordinance 2001-58 Change Zoning Map Designation
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regu lar
November 26,2001
Meeting
Mgrfl^t-: Attor / ~t.
Authorization
REQUEST:
The Community Development Department requests the City Commission conduct a public hearing for
the first reading of Ordinance 2001- 58, which would change the zoning map designation of a 49.55-
acre parcel from "Planned Unit Development (Seminole County) to "Planned Unit Development"
(Winter Springs).
The subject property is located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo
Marketplace Development of Regional Impact (DRI).
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading
of Ordinance 2001-58 to assign a City zoning map designation of "Planned Unit Development" to
Parcel 14 of the Oviedo Marketplace DR!.
APPLICABLE LAW AND PUBLIC POLICY:
Section 20-102(e) of the City of Winter Springs Code of Ordinances states, "The city planner,
or.. ..such other individuals as may be designated to perform such duties by the City Commission,
shall maintain the official as well as the working zoning maps...."
Section 20-104 of the City's Code of Ordinances states, "The City Commission may from time to
CDDlNovember 16,2001/2:57 PM
November 26,2001
PUBLIC HEARING AGENDA ITEM A
Page 2
time amend, supplement, change or repeal the regulations, restrictions or district boundaries and
designations as set out in this ordinance after a public hearing(s)...."
Section 20-355 outlines the procedure for approval of a "Planned Unit Development" and Section 20-
356 describes the minimum identified exhibits and supporting materials that must be contained on the
accompanying Preliminary Development Plan.
CONSIDERA TIONS:
1. The property was in the unincorporated portion of the County until it was annexed in 1995.
2. The property was never assigned a City zoning designation, as required by Chapter 20, Article III
of the City's Code of Ordinances.
3. This request was submitted concurrent with a request to change the future land use map (FLUM)
designation for the same property.
FINDINGS:
1. Article IV, Section 20-356 of the City's Code of Ordinances describes the requirements for PUD
zoning, based on a preliminary development plan. The preliminary development plan, as
submitted, meets the criteria defined by that chapter by demonstrating the following:
A. Shows the name, location, legal description, acreage and type of planned unit development;
B. Identifies the present owners of the land; a developer has yet to be determined;
C. Identifies all consultants involved in the preparation of the preliminary development plan;
D. Shows a vicinity map indicating the relationship between the planned unit development and
the surrounding area;
E. Shows existing topography and other natural features;
F. Shows a soil survey indicating the location and description of soil types;
G. Describes existing vegetation and which natural areas will be preserved, altered or eliminated;
H. Shows a proposed land use plan; however, priority and phasing of development has yet to be
demonstrated; and
I. Shows proposed method of providing utilities and infrastructure;
CDD/November 15, 2001/11:05 AM
November 26,2001
PUBLIC HEARING AGENDA ITEM A
Page 3
2. On October 3, 2001, the Planning and Zoning Board recommended approval of the rezoning
request, subject to the conditions recommended by staff.
3. On November 12, 2001, the City Commission adopted Ordinance 2001-45, which would change
the future land use designation of the property from "Planned Development" and "Conservation
Overlay" (Seminole County) to "Mixed Use" (Winter Springs), should DCA find the large-scale
FLUM amendment in compliance
4. On November 12, 2001, the City Commission approved the accompanying DRI development
order.
5. On November 19, 2001, the City transmitted the large-scale FLUM package to DCA for
compliance review; the proposed zoning is consistent with the proposed future land use
designation.
6. This request to the City Commission represents the next sequential step in the approval process.
FISCAL IMPACT:
None.
IMPLEMENTATION SCHEDULE:
This rezoning request is being filed concurrent with a future land use map amendment for the subject
property. The City Commission conducted a public hearing to adopt the proposed future land use
amendment on November 12, 2001, and the adopted plan amendment was subsequently transmitted
to DCA for compliance review. Following this review, a Notice ofIntent to find the amendment in
compliance or not in compliance will be issued within 45 calendar days.
Assuming there are no petitions to challenge the determination of compliance/non compliance within
21 calendar days after the publication of notice, the Notice ofIntent will become final agency action.
After final agency action, the City Commission can conduct a public hearing for the second reading of
Ordinance 2001-58, which would assign a City zoning designation of "Planned Unit Development" to
the subject property.
STAFF RECOMMENDATION:
Staff recommends that the City Commission adopt Ordinance 2001-58, which would assign a City
zoning designation of "Planned Unit Development" and replace the original Seminole County zoning
designation of the same name.
CDDlNovember IS, 2001111 :05 AM
November 26,2001
PUBLIC HEARING AGENDA ITEM A
Page 4
LOCAL PLANNING AGENCY RECOMMENDATION:
On October 3,2001, the Planning and Zoning Board recommended that the property be rezoned
from "Planned Unit Development" (Seminole County) to "Planned Unit Development" (Winter
Springs), pursuant to the following conditions suggested by staff:
1. Parking by trucks, tractor trailers or similar vehicles shall be limited to 72 hours.
2. Outdoor sales shall not be permitted in vehicle accommodation areas.
3. The sales of goods and/or services from trucks, trailers, or similar equipment shall be
prohibited.
ATTACHMENTS:
A. Ordinance 2001-58 (forthcoming)
B. Proposed Master Development Plan
C. Legal Description
D. October 3, 2001 Local Planning Agency staff report
E. October 3,2001 Local Planning Agency approved minutes
COMMISSION ACTION:
CDDlNovember 15, 2001/11 :05 AM
ATTACHMENT A
ATTACHMENTB
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SOurce: P.E.CJMarch 2001
... Site Boundary - Parcel 14
- - - - Oviedo Marketplace Property
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Retail/Office 160,000 Square Feet
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ATTACHMENT C
Page 1-4
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B.
Legal Description
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lEGAL DESCRIPTION
A TRACT OF LAND LYING iN SECTlON 17, TO"VNSHIP 21 SO UT:-i , RANGE 31 EAST DESCR:8ED
AS. FOLLOWS:
,.-.
COMMENCE AT THE NORTHEAST CORNER OF LOT 12, OVIEDO CROSSiNG .
FHASE 1 B, ACCORDING TO THE ?LA T THEREOF AS RECORDED IN ?LA T BOOK
47, PAGES 80, 81, 82, AND 83 OF THE PUBUC RECORDS OF SEMINOLE
COUNTY, AS THE POINT OF BEGINNING; .THENCE RUN THE FOLLOWING
COURSES ALONG TIiE NORTH UNE OF SAiD LOT 12; NORTH 72046'44" WEST,
63.09 FEET; SOUTrl 63005'12" WEST, 61,20 F..J:I; Sql.JTrl 53050'30" EAST,
4.28 FEET; -SOUTH 1600S'5S" EAST,. i5.85 FEET; SOUTH 36003'21" EAST,
19.28 FEET;. SOUTH 16006'18~ weST, 18.1-5 FEET; SOUTH 11013'24" EAST,
23.03 F=EET; SOUTH 62056'25" WESr, 24.86 FEel; SOUTH 65039'42" WEST,
22.91 FEET; SOUTH 40051'22" WEST, 19.28 FEET; SOUTH 14041'54~ WEST,
39.45 FEET; SOUTrl 07028'11" 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 21025'56" EAST, 25.94 FEET; SOUTH 57013'53" EAST,
26.73 FEET; SOUTH 22030"24" EAST, 30.l}2 FEET; SOUTH 17032'14" WEST,
34.51 FEET; sourrl 12034'08" WEST, 35.7,1. FEET; SOUTH. 20039'55" EAST,
50.30 FEET; SOUTH 14047'38" WEST, 33.01 FEl:I; SOUTH 38046~4r weST,
36.55 FEET; SOUTH 69023'30" WEST. 30.V FEEl:; SOUTH 83013'35" WEST,
31.96 FEET; NORTH 83026'48" WEST, :u3.09 FEET; SOUTH 86046'10" WEST,
122.80 FEET; NORTH 87033'11" WEST, 45.67 FEET; SOUTH 69<>2].'35" WEST,
21,26 FEEl; NORTH. 87032'46" WEST, 146~71 FEET; THENCE, DEPARTiNG SAID
NORTH UNE OF tOT 12, RUN NOR");H 57024'04" EAST, 29.61 FE.t:I; THE.~CE
RUN _ NORTH 00047'25" EAST, 484.40 FEET TO A CURVE CGNCAVE
NOR11;ERlY; THENCE RUN WESTERLY AND THEN NORTHEnL Y ALONG SAm
CURVE, HAVING A RADIUS lENGTH OF 750.00 FEET, A CENrnA1. ANGLE OF
138048'54", AN ARC LENGTH OF 1817.09 FEET, A OiORD LE.~GTrf OF 1404.16
FEET, AND A ~ORD BEARING OF NORTH 19016'44" WEST; THENCE RUN
NCRTrl 43050'01" EAST, 413.30 FEET TO THE SOUTIiE''"\l. Y UNE OF
TUSCAWILlA UNIT 7, ACCORDING TO THE PLAT THERECF, AS RECCReED.lN
PlAT BOCK 22. PAGES 46 AND 47 OF THE PUBUC RECORDS OF SEMINOLE
COUNTY, R.ORIDA;. THENCE RUN ALONG THE SOUTHERLY UNE CF SAID
TUSKAWlUA UNIT 7; SOUTH 70000'29" EAST, 664.21 F"=l TO TrlE
SOUTHEAST CORNER OF SAID' FlAT; THENCE RUN SOUTH 01007'52" EAST,
319.02 FE::I; THENCE RUN SOUTH 89037'4Q." EAST, 520.75 rt:ET; THENCE RUN
sourrl 14032'19- EAST, 169.91 FEET: THENCE RUN SOUTH 71020'10" EAST,
164.74 FEET TO A POINT ON THE WESTERlY RIGHT-OF-WAY OF THE
PROPOSED OVIEDO CROSSING TERRACE; THENCE RUN ALONG SAID ?ROPOSED
WEST RIGHT-OF-WAY UNE TrfE FOllOWING COURSES: SOUTH 55015'44-
WEST, 200.22 ;:-=, TO A CURVE CONCAVE SOUTHEASTERlY; THENCE RtJN
SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS LENGTH OF 9.50.00
FEET, A CENTRAL ANGLE OF 19006'OS-, AN ARC LENGTH OF 316.71 rE::'"T, A
CHORD LENGTH OF 315.25 FEET,. AND A OiORD BEARING OF SOUTH
45042'41" WEST; THENCE RUN SOUTH. 36009'39" WEST, 275.09 FEET TO A
CURVE CCNCAVE SOUTHEASTERLY; THENCE RUN SCUTHWESTE.~L:V ALONG
SAID CURVE HAVING A RADIUS LENGTrl OF 800.00 FE..t:T, A CENTRAL A....GLE .
OF 17048'35-' AN. ARC LENGTH OF 248.57 FEET~ A OiORD L8':1~ OF 247.57
FEET, AND A OiORD BEAR1NG OF SOUTrl 270'1-5'22- WEST TO TnE AFORESAID
NORTHEAST CORNEa OF LOT 12 ANO mE. POINT OF BEGINNING.
TrfE ABOVE DESCRIBED TRACT OF LAND UES IN SEMINOLE COUNTY, R.ORlDA AND CCNT~lNS
49.551 ACRES, MORE OR LESS.
City of Winter Springs - Oviedo Marketplace
Comprehensive Plan Amendment
March 200/
ATTACHMENTD
PLANNING AND ZONING BOARD - LOCAL PLANNING AGENCY
REGULAR AGENDA ITEM
October 3, 2001
B. Oviedo Marketplace Zoning Map Amendment
STAFF REPORT
APPLICABLE LAW AND PUBLIC POLICY
Oflicial Zoning Map Amendment
Chapter 20, Article IV contains the review requirements for PUD (Planned Unit Development) zoning.
Section 20-355 requires that the staff Development Review Committee (ORe) review a PUD
application and submit a recommendation to the Local Planning Agency (LPA). The LPA is required to
conduct a public hearing to consider the change of zoning request, along with the preliminary
development plan required for PUD zoning. 111e LPA will recommend approval, approval with
modifications, or denial of the request to the City Commission, who will subsequently conduct a public
hearing to review the preliminary development plan and consider recommendations from staff and the
LP A. Based on the City Commission's decision, the applicant will submit a final development plan that
will be subject to staff review and LP A action, prior to final approval by the City Commission.
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 J\1[urrell Road, Suite 201
Viera, Florida 32940
B. Request:
The applicants request an amendment to the City's Official Zoning Map, to change the
Future Land Use Classification on the subject property from (Seminole County) PUD and
Conservation Overlay to (Winter Springs) PUD. Prior to this request, the applicants
submitted a request to amend the Future Land Use Map (FLU:NQ, along with a revision to
the adopted (Seminole County) Development of Regional Impact (DIU) Development
Order for Parcel 14 of Oviedo Marketplace. 111e comprehensive plan amendment is
currently under review by the Florida Department of Community Affairs (DCA).
1
P&Z Board Meeting - October 3, 2001
Zoning Map Amendment - Oviedo Marketplace
C. Purpose:
The purpose of the request is to assign a City zoning classification to the site, similar to the
current Seminole County Planned Development designation, which would allow the site to
be developed in a manner consistent with the DIU Development Order and future land use
classification currently under review.
D. Site Information:
1. Parcel Number -17-21-31-300-00lT-I-0000
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 Central Florida Greeneway. The site corresponds to
Parcel 14 of the Oviedo Marketplace DIU.
4. Legal Description - See attachment C
5. Chronology of Subject Property - The subject property is palt of the Oviedo
Marketplace DRI, which was approved in 1988. The DRI is currently located in
three jurisdictions, which include the City of Oviedo, the City of Winter Springs, and
Seminole County. When the subject property (parcel 14) was annexed into the City
of Winter Springs in 1995, neither a FLUM or zoning classification was assigned to
the property. For development purposes, the site is required to have City FLUM
and zoning categories.
6. Existing Land Use -111e property is currently vacant. Adjacent existing land uses,
zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Site V acan t PUD (SC) PD, Cons. Overlay (SC)
North Single-Family Residential PUD (\"\1S) LD R (\"\1S)
South Commercial P UD (SC) PD (SC)
East Vacant & Commercial PUD (SC & 0) HIP (SC)
Wetlands P UD (0) Conservation (0)
West FPL Easement & Single- R-11\ (SC) LD R (SC)
Family Residential
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
7. Development Trends - With the development of the Oviedo Marketplace, tllis area
of Red Bug Lake Road has developed into a combination of commercial, office and
medical uses. The applicant is planning to develop a mixture of retail and office uses
on the site, while leaving more than half of the property as open space. The
proposed land uses are consistent with the general character of the area.
8. Letters/Phone Calls In Favor Or Opposition - Prior to initiating tlle
comprehensive plan amendment and DIU Development Order requests, the
applicant held neighborhood meetings in j\hy 2001 to explain the proposal to
neighboring residents. However, no residents attended the meetings.
2
P&Z Board Meeting - October 3, 2001
Zoning Map Amendment - Oviedo Marketplace
II. ANALYSIS
A. Official Zoning Map:
The applicant is requesting PUD zoning for the entire site. The site is currently shown as
PUD on the Seminole County Official Zoning Map. Assuming the Comprehensive Plan
Amendment is approved by DCA, the proposed PUD zoning, along with the Mixed Use
FLUM designation would allow flexibility and efficiency in the design of future
development.
B. Public Facilities:
1. Roads/Transportation - 11le subject property will be accessed from Dovera
Drive, which connects with the mall parcel to tJle north and Red Bug Lake Road to
tJle SOUtJl. When tJle 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 also been prepared. The DRI development order lists transp01tation
improvements and mitigation measures that are required for the subject property,
prior to its construction as a part of Phase 3. They include the following:
· Red Bllg Lake and .r.R436: Prior to the development of Phase 3a, the developer is
rel1uired to pay a proportionate share for an intersection improvement study.
This requirement has been met by the developer.
. S.R 434 alld S.R 426: Prior to the development of Phase 3a, the developer is
required to extend Division Street from lVlichelle 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 is
required to widen S.R.426 to four lanes, from "Mitchell Hammock Road to
Winter Springs Boulevard.
The Oviedo Marketplace mall is currently served by LYNX Bus Route 4. The TDP
for LYNX shows that new service and the re-alignment of routes are scheduled for
2002. At that time, there will be three routes serving the Oviedo J'vlarketplace, which
will expand existing capacity.
2. Sanitary Sewer, Potable Water, Solid Waste, Stonnwater Management -
. Sanitary .reuleI' and Potable Water: Seminole County currently provides water and
sanitary sewer service to Oviedo marketplace and is anticipated to be tlle
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. 'l1le applicant has submitted a letter from the Seminole
County Environmental Services Department stating the County's ability to
provide water and sewer service to the subject property.
3
P&Z Board Meeting - October 3, 2001
Zoning Map Amendment - Oviedo Marketplace
. Solid Waste: No hazardous wastes are expected to occur on the subject property.
However, the Development Order states, "the Developer shall prepare and
submit a Draft Hazardous Materials ~I[anagement 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 implemented.
. Stor7J1Jl!ater Management: The DRI has a master drainage system, 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 property will
meet the standards of FDEP, SJRJ\I[WD and the level of service established by
tJ1e City.
3. Recreation and Open Space - The proposed development docs not include a
residential component. Therefore, there is not a requirement for recreational
facilities. The developmcnt, howevcr, will provide approximatcly 34 acres (over 50%
of the site) of open spacc, to be prcserved through a conservation easement
dedicated to the DCDD.
4. Police and Fire - The proposed land use classification will not create a negative
impact on the current level of service for City Police and Fire facilities.
C. Nuisance Potential Of Proposed Use To Surrounding Land Uses:
The development of the site under the PUD zoning designation will not have an adverse
impact on 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, tJ1e City of \\linter Springs and tJ1e
owner of the Oviedo Marketplace property, requires that development be no closer than 250
feet from tJ1e boundary of Ovideo Marketplace development and adjacent residential uses.
This includes roads, parking, buildings and active uses. There are also restrictions on
building height anq a wall provided where existing natural vegetation does not exist along
the boundary. As noted above, over 5011'0 of the site will be preserved as open space,
providing a natural and visual buffer between non-residential uses and residential uses to the
west and north. Also, the subject property will be accessed from a road that leads to the
Oviedo Marketplace mall. No commercial traftlc will be directed toward or onto any
residential streets.
D. Natural Lands Compatibility:
1. Soils - There are two distinct soil types on the subject property, which include
swamp and sand. Swamp corresponds to the wetlands to be preserved, and fine
sand comprises 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 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.
4
P&Z Board Meeting - October 3,2001
Zoning Map Amendment - Oviedo Marketplace
3. Flood Prone Areas - The subject site is not within the 100-year Hood 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. ll1ere are
no endangered plants on the property.
5. Wildlife - The bald eagle nest originally identitied on the property was abandoned
for more than five years. The Florida Game and Fresh Water Commission has
determined that the restrictions previously related to the ncst no longcr apply. ll1e
proposcd Development Order to bc adoptcd by the City of Winter Springs does not
make any rcferences to the ncst. There are no othcr endangered, threatened or
species of spccial concern known to occur on the site. The Development Order
states that if any other endangered, thrcatened or special concern species are found
on thc site, development will cease, and thc Florida Game and Fresh \Vater
Commission would be notified.
6. Historic/ Archaeological Resources - There are no known significant historical or
archaeological resources locatcd on thc sitc.
E. Consistency With The Comprehensive Plan:
The proposed PUD zoning classification is consistcnt with thc Mixed Use large scalc
Comprehensive Plan amendment previously considered and recommended for approved by
the LP A. The request to change thc existing (Seminole County) PUD zoning designation to
the City's PUD zoning designation is also consistent with the goals, objectives and policies
of the City's comprehensive plan.
III. FINDINGS
1. Article IV, Section 20-355 of the City's Code of Ordinances describes the requirements
for PUD zoning, based on a preliminary development plan. This application meets the
criteria defined by this chapter.
2. On June 6, 2001, the LP A recommcndcd approval of thc largc scale comprehcnsivc plan
amendment request for transmittal to DCA, which would change the FLUM designation
from (Seminole County) PUD and Conservation Ovcrlay to (Wintcr Springs) Mixed Use
if approved. The requested zoning would be consistent with this recommendation.
3. On August 13, 2001, the City Commission followed the recommendations of staff and
the LP A and approved transmittal of the large scale comprehensive plan amendment
request to DCA for review.
IV. STAFF RECOMMENDATION
Even though the request to change the zoning of the subject property is being reviewed
concurrent with a request to change the FLUM designation for the same property, final action
on the rezoning request would not precede DCA's final decision on the large scale
comprehensive plan (FLUM) amendment. Final approval of the rezoning request (by the City
Commission) could only occur after approval of thc large scalc comprchensive plan amendment
by DCA. In light of this information, staff recommends approval of the request to change the
5
P&Z Board Meeting - October 3, 2001
Zoning Map Amendment - Oviedo Marketplace
zoning classification of Parcel 14 of the Oviedo l'vfarkctplacc DR1 from (Scminolc County) PUD
to (Winter Springs) PUD, with thc following conditions:
A. Parking by trucks, tractor trailcrs or similar vchiclcs shall bc Iimitcd to 72 hours.
B. Outdoor sales shall not be pcrmittcd in vchiclc accommodation arcas.
C. The sales of goods and lor scrvices from trucks, trailers, or similar cquipmcnt shall be
prohibited.
V. ATTACHMENTS
A. Maps
B. Legal Description
C. Transmittal Lctter and Application
D. (proposed) Winter Springs Development Order
E. July 6, 2001 LP A Staff Report for Large Scale Comprchensive Plan Amcndmcnt
6
ATTACHMENT E
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDfLOCAL PLANNING AGENCY
REGULAR MEETING
OCTOBER 3,2001
I. CALL TO ORDER
The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to
order Wednesday, October 3, 2001, at 7:05 p.m. by Chairman Bill Fernandez in the
Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434,
Winter Springs, Florida 32708).
Roll Call:
Chairman Bill Fernandez, present
Vice Chairman Tom Brown, present
Board Member Brent Gregory, present
Board Member Rosanne Karr, present
Board Member Carl Stephens, Jr., present
The Pledge of Allegiance followed.
The Members of the Board discussed Agenda changes. With consensus of the Board, it
was agreed that Regular Agenda Item "B" would be heard first following the Consent
Agenda.
II. CONSENT
CONSENT
A. Approval of the August 1,2001 Regular Meeting Minutes.
MOTION BY BOARD MEMBER STEPHENS. "I MOTION THAT WE ACCEPT
THE MINUTES." SECONDED BY BOARD MEMBER KARR. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
CONSENT
B. Approval of the August 7, 2001 Special Meeting Minutes.
MOTION BY VICE CHAIRMAN BROWN. "I MOVE THAT WE ACCEPT THE
MINUTES." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH
CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING 80ARD/LOCAL PLANNING AGENCY
REGULAR !\mETING - OCTOBER 3,2001
PAGE 2 OF 10
.:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS
WERE DISCUSSED AS DOCUMENTED. .:. .:.
III. REGULAR
REGULAR
B. Oviedo Marketplace, Parcel 14 Rezoning.
The Agenda Item was presented by Mr. Earnest McDonald, AICP, Advance Planning
Coordinator, Community Development Department. Mr. McDonald stated, "The request
is consistent with the recommendations of the Comprehensive Plan as well as the Future
Use Land Map Amendment approved by both this body and the City Commission. The
Development Review Committee had an opportunity to review this Preliminary
Development Plan and recommends approval with the following conditions. Those
conditions are as follows: that parking by trucks, tractor truck or similar larger
commercial vehicles be limited to seventy-two (72) hours on site; that outdoor sales not
be permitted in parking areas; and lastly that the sales of goods and lor of services from
semi-trucks trailers or similar equipment be prohibited." Discussion.
The Board discussed the responsibility of emergency response.
Chairman Fernandez said, "My recommendation at least, whether it's in the minutes or
not, should be that the City Attorney ought to look over these lnterlocal Agreements to
see what our exposure is and if we have any exposure to make sure we've got enough
adequate insurance to cover it and that of course there's something in those agreements
that says when they're in the City of Winter Springs and one of our representatives shows
up, that they've got to listen to us and they've got to take their orders from us. Because I
want their policemen and their safety employees and who ever else it is - listening to our
guys. And if we make a mistake we're responsible for it, but if they make a mistake and
they are going against what we want, then let their insurance pick it up. In any event I
think it's an issue that should be brought up and it's a legal issue and I think that ought to
be addressed to the City Attorney or our City Attorneys as to those agreements and if it
has not been previously addressed then it has to been addressed."
Discussion ensued regarding City limit signs; and the Large Scale Plan Amendment.
Tape I/Side B
Ms. Carrie Hayo, Planner, 33 East Pine Street, Orlando, Florida: addressed the Board's
concerns.
Vice Chairman Brown stated, "I would like - there's no more than twelve (12) homes that
are actually on the property if it's that many, I'd like the City to consider notifying those
CITY OF WINTER SPRINGS
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twelve (12) people, twelve (12) homes. I don't think that's such a big thing to do when
we're going to proceed with this because I'm certainly going to be looking for buffers and
things of that sort no matter what's going in there unless it was going to be residential."
Ms. Mayo spoke of having notified all adjacent property owners and Tuscawilla
Homeowner's Associations of a Special Meeting regarding the development and no one
attended. Vice Chairman Brown requested that the homeowners be notified in the future
"When you do know who is going to build."
MOTION BY VICE CHAIRMAN BROWN. "MR. CHAIRMAN, I'D LIKE TO
MAKE A MOTION. BASED ON THE STAFF REPORT OF OCTOBER 3RD 2001
ON THE OVIEDO MARKETPLACE REZONING, THAT WE RECOMMEND
TO THE CITY COMMISSION APPROVAL BASED ON THE FINDINGS
WHICH IS ITEM ill. UNDER THIS REPORT AND THE STAFF
RECOMMENDATION THAT THE REQUEST TO CHANGE THE ZONING
CLASSIFICATION FOR PARCEL 14 OF THE OVIEDO MARKETPLACE DR!
FROM SEMINOLE COUNTY PUD TO WINTER SPRINGS PUD."
CHAIRMAN FERNANDEZ ASKED, "SO YOUR MOTION IS BASED ON
THOSE FINDINGS THA T WE RECOMMEND TO THE CITY
COMMISSION..." "RIGHT, TO THE STAFF REPORT, YES SIR." WAS SAID
BY VICE CHAIRMAN BROWN. CHAIRMAN FERNANDEZ CONTINUED,
"ARE THERE ANY ADDITIONAL LIMITATIONS THAT YOU WISH TO ADD
TO THAT MOTION?"
BOARD MEMBER GREGORY SAID, "POINT OF CLARIFICATION. ARE
YOU INCLUDING THE THREE (3) RECOMMENDATIONS THAT EARNEST
MADE?"
VICE CHAIRMAN REPLIED, "I WOULD REQUEST THAT THEY WOULD BE
ADDED TO THE FINDINGS ALSO. THA T THE FINDINGS AND YOUR
RECOMMENDATION AS STATED, I LEFT OUT ALL THIS ZONING THING.
IT'S UNDERSTANDABLE WITHOUT THE APPROVAL, I'M NOT GOING TO
MAKE ALL OF THAT PART OF THE MOTION, BUT THAT WILL BE PART
OF THE MOTION. IN OTHER WORDS, ITEM ill., THE FINDINGS PLUS THE
OTHER ITEMS THAT YOU BROUGHT UP AND OF COURSE - THIS WON'T
COME BACK TO US - IF DCA HAVE OTHER CHANGES, RIGHT? SHE [MS.
MAYO] MENTIONED THAT THERE'D BE SOME OTHER POSSmLE
CHANGES. I DON'T THINK THAT'S NECESSARY ON MY MOTION. MY
MOTION IS THESE FINDINGS PLUS YOUR STATEMENTS THIS EVENING
AND I RECOMMEND NUMBER IV. WHICH IS THE STAFF
RECOMMENDATION WITHOUT TALKING ABOUT ALL THIS STUFF HERE
AND THEN JUST GOING INTO THE APPROVAL OF THE REQUEST THAT
CITY OF WINTER SPRINGS
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PLANNING ANI> ZONING HOARD/LOCAL PLANNING AGENCY
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PAGE 4 OF 10
THEY CHANGE THE ZONING FOR THE PARCEL." SECONDED BY BOARD
MEMBER GREGORY. DISCUSSION.
CHAIRMAN FERNANDEZ REITERATED, "I BELIEVE THE MOTION ]S
THAT BASED ON THE STAFF'S FINDINGS UNDER ROMAN NUMERAL III.-
ON PAGE FIVE (5) THAT THIS BODY IS RECOMMENDING TO THE CITY
COMMISSION THAT WE APPROVE THE CHANGE OF ZONING FROM THE
COUNTY ZONING OF, SEMINOLE COUNTYPUD, TO WINTER SPRINGS
PUD WITH LIMITATION OF NO PARKING BY TRUCKS, TRACTORS OR
OTHER SIMILAR COMMERCIAL VEHICLES, THAT]T BE L]MITED - NOT
NO PARKING BUT THOSE VEHICLES BE LIMITED TO SEVENTY-TWO (72)
HOURS ON SITE; THAT OUTDOOR SALES NOT BE PERMITTED IN
VEHICLES IN ACCOMMODATION AREAS, AND THAT THE SALES OF
GOODS AND/OR OF SERVICES FROM TRUCKS, TRAILERS OR OTHER
COMMERCIAL VEHICLES SHALL BE PROHIBITED. IS THAT MY
UNDERSTANDING OF THE MOTION MR. BROWN?"
"EXACTLY." REPLIED VICE CHAIRMAN BROWN. CHAIRMAN
FERNANDEZ ASKED, "IS THAT MY UNDERSTANDING OF YOUR SECOND
MR. GREGORY?" "YES." REPLIED BOARD MEMBER GREGORY.
CHAIRMAN FERNANDEZ CONTINUED, "DO YOU HAVE ANY DESIRE TO
ADD OR AMEND TO IT THAT WHEN THE PRELIMINARY ENGINEERING
PLANS FOR THE PUD OR SUBDIVISION PLANS COME IN THAT THE STAFF
BRING TO US ANY - WHAT IS THE CITY OF WINTER SPRINGS POLICY AS
IT RELATES TO THE PLACEMENT OF 'CITY LIMIT SIGNS AND AS TO THE
CITY LOOKING INTO ANY LIABILITY FOR - BORROWED EMPLOYEES OF
THE CITY OF OVIEDO OR SEMINOLE COUNTY ON A FrRST RESPONSE
BASIS?"
VICE CHAIRMAN BROWN SAID, "NO, I ASSUME THE CITY WILL BE ABLE
TO HANDLE IT." CHAIRMAN FERNANDEZ SAID, "HE [MR. McDONALD]
SAID HE WOULDN'T UNLESS WE REQUESTED IT. OKAY."
VOTE:
BOARD MEMBER STEPHENS: AYE
BOARD MEMBER GREGORY: AYE
CITY OF WINTER SPRINGS
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PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
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PAGE 5 OF 10
VICE CHAIRMAN BROWN: AYE
CHAIRMAN FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
REGULAR
A. Torcaso Park (As Presented By The Parks And Recreation Department).
Mr. Chuck Pula, Parks and Recreation Department Director introduced the Agenda Item.
The Board and Mr. Pula discussed the splash playground; the various types of surfaces
under playgrounds; the construction of the soccer/football; and the water supply for the
splash playground.
MOTION BY BOARD MEMBERS STEPHENS. "I RECOMMEND THAT WE
APPROVE THE TORCASO PARK EXPANSION .PROJECT TO COINCIDE
WITH THE FRDAP (FLORIDA RECREA TIONAL DEVELOPMENT
ASSISTANCE PROGRAM) GRANT APPLICATION." SECONDED BY VICE
CHAIRMAN BROWN. DISCUSSION.
VOTE:
BOARD MEMBER GREGORY: AYE
BOARD MEMBER BROWN: AYE
VICE CHAIRMAN FERNANDEZ: AYE
CHAIRPERSON MEMBER KARR: AYE
BOARD MEMBER STEPHENS: AYE
MOTION CARRIED.
REGULAR
B. Capital Improvements.
Mr. Charles Carrington, AICP, Community Development Department Director introduced
the Agenda Item. Mr. Carrington informed the Board that Land Design Innovations, Inc.
(with all Departments) prepared the "Draft Document". Discussion.
Tape 2/Side A
Mr. Pula requested that the following corrections be made:
Page VI-l
CITY OF WINTER SPRINGS
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. On the line of "Neighborhood Center and Pool" remove the word "Pool" and the fund
source should be CDBG/FRDAP (Community Development Block Grant/ Florida
Recreational Development Assistance Program) For $700,000.00 In The FY 2004-
2005.
· Under CWP and Improvements (the first one) under FY 2001-2002, $250,000.00
should be listed and under FY 2003-2004 the $2,500,000.00 should be moved to FY
2005-2006.
. The second CWP and Improvements Bonds the word "Bonds" should be replaced
with "Grants"; in the FY 2002-2003 column put $200,000.002; in the FY 2003-2004
column put $400,000.00; and delete $2,500,000.00 under FY 2004-2005.
. "Park Land Acquisition" should be "Park Land AcquisitionlCWP Expansion and
Improvements"; under Fund Source eliminate the word Grants; in the FY 2001-2002
column submit $2,950,000.00; and eliminate $1,000,000.00 under FY 2005-2006.
. Change the Senior/Civic Center Improvements' amount to $500,000.00; and remove
the words FRDAP Grant.
. On the Torcaso Park Expansion line, remove FRDAP Grant and change $400,000.00
to $485,000.00.
. Mr. Pula stated, "Then again these changes would be made also on Page VI-9 where
it's basically it's a duplicate, but breaks it out into Bonds and Grants so it would still
be the same changes. There wouldn't be any other changes other than what you have
made. "
Mr. Pula departed at 8:53 p.m.
Mr. Kipton D. Lockcuff, P.E., Public Works Department Director said, "A lot of these
changes are just to accurately reflect the Budget that was adopted last Monday night."
. On Page VI-9, Transportation Impact Fee Fund all project should begin with 02 and
not 01: and S.R. 419/434 Signal Upgrades change $175,000.00 to $215,000.00.
. On page VI -10 the first project numbers should begin with "02 and not 0 I "; Bahama
Road Paving project number should begin with "03 and not 02": and under One Cent
Infrastructure Sales Tax, Fisher Road should be stricken and reinserted under Main
Street in Transportation and the projected cost should be changed to $600,000.00.
Discussion.
CITY OF WINTER SPRINGS
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. Mr. Lockcuff recommended that Tractor/Bushhog under Local Gas Tax be completely
removed; that with the removal of Tractor/Bushhog the following project numbers
would change; and George Street's project number should be 02/06-0104-08.
. Under One Cent Infrastructure Sales Tax, "Stamped Asphalt" should be removed.
. The project number for Little Lake Howell RCP Culvert should begin with "03" and
the $30,000.00 would be moved to the FY 2003-2004 column.
. On Page VI-II, Little Lake Howell Box Culvert, the $126,000.00 should be under FY
2002-2003.
. Gee Creek Sedimentation Pond should begin "04" and the $122,000.00 will shift to
FY 2003-2004.
. Mr. Lockcuff recommended that since the first two projects under Potable Water have
been completed that they be removed.
. On Page VI-12 the first project (Install Liner in Reject Storage Pond at WWRF)
should be removed because of completion.
. Reclaimed Water System - Convert Meter will become a "03" project, therefore shift
$210,000.00 to FY 2002-2003.
. Under Equipment, the "Sewer Cleaner", remove $100,000.00.
· On the BackhoelFront Loader line, remove all of the $18,333.00.
. On Page VI-13 remove the whole FY 2000-2001 column.
. The Pump Replacement and Hydrant/Valve Replacement project numbers should
begin with "03".
. Under the Utility 2000 Construction Fund, the first 434 project should be stricken
completely
. The West Town Center Gravity Sewer Extension is now a FY 2001-2002 project.
. The Lift Station 5E upgrade becomes an "03" project and instead of the cost being
$150,000.00 it will be $50,000.00 in the FY 2002-2003 column.
. $450,000.00 should be $250,000.00 under project WTP #1 Main to Tuskawilla Road-
16"/12" .
CITY or WINTER SPRINGS
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rAGE 8 OF IO
· The Lift Station Upgrades to Force Main project needs to be deleted.
· On Page VI-14 the Reclaimed Water Augmentation Pump Station's figure should be
$500,000.00; under the Utility 1997 Construction Fund the first project should be
stricken; and the Utility Operations Facility should be listed as a FY 2001-2002
project.
Discussion.
MOTION BY VICE CHAIRMAN BROWN. "I'D LIKE TO MAKE A
RECOMMENDATION THAT WE APPROVE THE CAPITAL IMPROVEMENTS
PROGRAM WITH THE CHANGES TO THE COMMISSION." SECONDED BY
BOARD MEMBER GREGORY. DISCUSSION.
Vice Chairman Tom Brown requested that each Board Member receive updated pages of
the Capital Improvements when available.
Chairman Fernandez asked, "Is it part of our function - for example under the Police
Budget under on Roman numeral VI-2 he's got two (2) Items here 'Headquarter
Expansion' and 'Vehicle Replacement'. I personally happen to like those little radar
things that they set out on the road that turn red when you go over the speed limit and so
on. I think the City's got at least one (1) but I'm not sure that they have more, they've
got just the one, that's what I thought. And we've got at least the east half of the city and
the west half of the City and it can't be in two places at once. Is it appropriate for us as a
Board to be, through you [Mr. Carrrington] I guess suggesting that maybe the Police
Department consider getting more of those radar units?" Mr. Carrington replied, "I think
your comment was exactly on target to consider. Make that part of your Motion if you
would, that the Commission considers adding to the Capital Improvements Program either
during the year 2001-2002 or 2002-2003. We won't make that change but I'll make sure
that is part of the recommendation to the City Commission for consideration and if they
elect to put it in whatever year and then we'll make that adaptation."
CHAIRMAN FERNANDEZ ASKED, "MR. BROWN MADE THE MOTION
WOULD YOU CONSIDER THAT AMENDMENT." VICE CHAIRMAN BROWN
SAID, "I HAVE NO PROBLEM WITH THAT." AMENDMENT BY VICE
CHAIRMAN BROWN. SECONDED BY BOARD MEMBER GREGORY.
DISCUSSION.
CHAIRMAN FERNANDEZ SAID, "THE MOTION HAS BEEN AMENDED TO
CAPITAL IMPROVEMENTS PROGRAM 2001-2006 INCLUDING A
RECOMMENDATION THAT THE POLICE DEPARTMENT AT SOMEWHERE
IN THAT FIVE (5) YEAR PERIOD CONSIDER ADDING RADAR TRAFFIC
TRAILERS. "
CITY OF WINTER SPRINGS
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REGULAR MEETING - OCTOBER 3,2001
PAGE 9 OF 10
VOTE: (ON THE AMENDMENT)
BOARD MEMBER BROWN: AYE
VICE CHAIRMAN FERNANDEZ: AYE
CHAIRPERSON MEMBER KARR: AYE
BOARD MEMBER STEPHENS: AYE
BOARD MEMBER GREGORY : AYE
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION AS AMENDED)
VICE CHAIRMAN FERNANDEZ: AYE
CHAIRPERSON MEMBER KARR: AYE
BOARD MEMBER STEPHENS: AYE
BOARD MEMBER GREGORY : AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
IV. FUTURE AGENDA ITEMS
This Item was not discussed.
V. REPORTS
Chairman Fernandez presented a plaque to Board Member Karr for chairing the Board
over the past year.
VI. ADJOURNMENT
MOTION BY BOARD MEMBER STEPHENS. "MOVE TO ADJOURN."
SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. WITH
CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
Tape 2/Side B
Chairman Fernandez adjourned the Meeting at 9:20 p.m.
CITY OF WINTER SPRINGS
MINUTES
PLANNING ANI> ZONING nOARI>/LOCAL PLANNING AGENCY
REGULAR l\.JEETING - OCTOBER 3, 200 I
PAGE 10 OF 10
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
BILL FERNANDEZ, CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
Docsl WordlBOARDSIPLANNINGlallllMINUTESl200 I 1100301 REGULAR. doc
NOTE: These minutes were approved at the
, 200 I Planning And Zoning Board/Local Planning Agency l\oleeting.