The URL can be used to link to this page

Home My WebLink About2001 11 12 Public Hearings A Ordinance 2001-45 and DRI Development Order for Oviedo Marketplace 4 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular November 12,2001 Meeting (\/ ~ Mgr. / Attor / . Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the adoption of Ordinance (2001-45) to approve a Large Scale Comprehensive Plan Amendment (LS-CPA-05-01) that would change the Future Land Use Map designation of a 49.55-acre property from "Planned Development" and "Conservation Overlay" (Seminole County) to "Mixed Use" (Winter Springs). The Community Development Department also requests the City Commission adopt the attached "City of Winter Springs - DRI Development Order for Oviedo Marketplace", relative to the portion of the Oviedo Marketplace DRI that is located within the City of Winter Springs - Parcel 14. 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 City Commission conduct a public hearing for the adoption of Ordinance 2001-45, which would authorize staff to transmit the amendment to the Department of Community Affairs (DCA) for the issuance of a Notice of Intent and subsequently change the property's Future Land Use Map designation if approved. The City Commission is also requested to adopt the proposed City of Winter Springs - Oviedo Marketplace Development Order, since Parcel 14 of the DRI is now located within the City limits CDD/October 31,2001/3:47 PM November 12,2001 PUBLIC HEARING AGENDA ITEM A Page 2 and is subject to City rules and regulations, in addition to the regulations contained in the County development order. The proposed Development Order was derived from the original Seminole County Development Order. APPLICABLE LAW AND PUBLIC POLICY: Per Florida Statutes, 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 380.06(19)(a), F.S., 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. Section 380.06(15)(h), F.S., states that if the property is annexed by another local jurisdiction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior development order. The applicant is proposing to amend the original Oviedo Marketplace DR! development order, since 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 Development Order. Therefore, the proposed change does not constitute a substantial deviation. However, the City must hear both the application for development approval and the proposed amendment at the same hearing and take action separately on both items, pursuant to Section 380.06(6)(b)6, F.S. CONSIDERATIONS: 1. The property was in the unincorporated portion of the County until it was annexed in 1995. 2. The subject site corresponds to Parcel 14 of the Oviedo Marketplace DR!. The original DR! Development Order was approved by Seminole County in 1990, and was amended in 1993, 1997, 1998 and again in 200 1 (amended and restated). 3. A City of Winter Springs Development Order specific to Parcel 14 (subject site) is presented for City Commission approval concurrent with the land use amendment (see Attachment B). No changes are being proposed to the development program, phasing or other requirements of the original Development Order. 4. The proposed development order is consistent and is not replacing the Settlement Agreement COD/October 31, 2001/3:47 PM November 12,2001 PUBLIC HEARING AGENDA ITEM A Page 3 between the City of Oviedo, the City of Winter Springs and the owner of the Oviedo Marketplace property (August 1995). 5. Although the proposed land use designation does not include "Conservation", due to the fact that the City does not have a "Conservation Overlay" category, the DR! Development Order and master development plan will ensure that the environmentally sensitive areas are preserved as open space. 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 and development order 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 and development order 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 and uses shown on the master development plan (Attachment C) are consistent with the surrounding existing development and future land use and will not cause the comprehensive plan to be internally inconsistent. 7. The proposed amendment and development order will promote the public health, safety, welfare, economic order, and aesthetics of the City and the region. 8. The proposed amendment and development order are consistent with the previously adopted Evaluation and Appraisal Report (found sufficient by DCA on March 26, 1999). 9. The development is outside an area of critical State Concern. 10. The proposed changes to the development order do not constitute a substantial deviation. 11. On August 13, 2001, the City Commission considered and approved the transmittal of Ordinance 2001-45 to the Department of Community Affairs for agency review. 12. On October 12,2001, DCA issued an Objections, Recommendations and Comments (ORC) CDD/October 31, 2001/3:47 PM November 12,2001 PUBLIC HEARING AGENDA ITEM A Page 4 report, which raised no objections to the proposed amendment. However, DCA commented that the proposed amendment and the proposed development order must be adopted concurrently. FISCAL IMP ACT: None. IMPLEMENTATION SCHEDULE: The City Commission conducted a public hearing to approve transmittal of the proposed amendment to DCA on August 13,2001. Based on the subsequent review by DCA and all applicable review agencies, the City has been given 60 days from the date of the ORC report dated October 12,2001 to adopt the proposed amendment, adopt it with changes, or decide not to adopt the amendment. The approval of this ordinance, along with the proposed development order, would represent the City's adoption of the proposed amendment. Should the proposed amendment and development order be adopted, DCA will conduct a compliance review of the adopted plan amendment and issue a Notice of Intent to find the amendment in compliance or not in compliance within 45 calendar days. Assuming there are no petitions to challenge the determination of compliance within 21 calendar days after the publication of notice, the Notice of Intent will become final agency action. The applicant sought and attained approval from the LP A to rezone the subject property from PUD (Seminole County) to PUD (Winter Springs) on August 3, 2001. Should this request be approved, the applicant intends to request the rezoning of the subject property from PUD (Seminole County) to PUD (Winter Springs). ST AFF RECOMMENDATION: Staff recommends that the City Commission adopt Ordinance 2001-45, which would amend the Future Land Use Map from "Planned Development" and "Conservation Overlay" (Seminole County) to "Mixed Use" (Winter Springs). Staff also recommends that the City Commission take separate action to adopt the attached DR! Development Order. LOCAL PLANNING AGENCY RECOMMENDATION: At its June 6, 2001 regular meeting, the Local Planning Agency recommended the City Commission CDD/October 31,2001/3:47 PM November 12, 2001 PUBLIC HEARING AGENDA ITEM A Page 5 change the subject property's Future Land Use Map designation from (County) "Planned Development" and "Conservation overlay" to (City) "Mixed Use". The Local Planning Agency further recommended the City Commission approve the proposed development order subject to the following conditions (that have already been addressed by the applicant): Endangered Species: The P&Z Board recommended that another endangered species survey be conducted prior to the development of the subject property. The applicant has conducted a partial survey and has noted that the conditions on the site have not changed since the original survey, except for the Eagles nest which has been abandoned for more than five years. The Florida Game and Fresh Water Commission has determined the restrictions relating to the nest no longer apply. 1. Housing: The development order states the Developer has submitted a Housing Study demonstrating there is adequate supply to meet the demand for the very low income and low- income employee households for this project through build-out. The study has been submitted, reviewed and approved by City staff. 2. Transportation: Staff has reviewed and approved the traffic studies submitted. 3. Utilities: Staff has reviewed and approved the water, sewer and solid waste projections. ATTACHMENTS: A. Ordinance 2001-45 B. DRI Development Order C. Master Development Plan D. Local Planning Agency Agenda Item II.A E. Advertisement (November 2,2001) & Map of Subject Property F. ORC Report from DCA G. Agency Letters of Review COMMISSION ACTION: CDD/October 3 J, 2001/3:47 PM ATTACHMENT A ORDINANCE NO. 2001-45 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-CPA-05-01 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG LAKE ROAD, WITHIN THE OVIEDO MARKETPLACE PROJECT, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERVATION OVERLAY" TO CITY OF WINTER SPRINGS "MIXED USE"; PROVIDING ADOPTION OF AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS. the subject property was annexed in1995; and WHEREAS, pursuant to Section 163.3l87(b), Florida Statutes, this Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments as the amendment is related to a development of regional impact; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2001-45 Page 1 of 3 WHEREAS, the Local Planning Agency recommended the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CP A-05-0 1) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. herein by this reference. The foregoing recitals are true and correct and are fully incorporated Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.184 and 163.187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale comprehensive plan amendment (LS-CPA-05-01) designating the subject property from Seminole County FLUM "Planned Development" and "Conservation Overlay" to City of Winter Springs FLUM designation "Mixed Use". Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit A as Seminole County "Planned Development" and "Conservation Overlay" to City of Winter Springs "Mixed Use." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City of Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. Ifany section, subsection sentence, clause, phrase, work or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date and Legal Status ofthe Plan Amendment. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued City of Winter Springs Ordinance No. 2001-45 Page 2 of 3 by the Florida Department of Community Affairs, or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2001. PauIP.Panyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: f:IDOCSICity of Winter SpringslOrdinancesllarge scale tlum - 2001-45. wpd City of Winter Springs Ordinance No. 2000-45 Page 3 of 3 Rece~ed: 7/19/01 2:41PM; 4079751278 -> BROWN,WARD,SALZMAN&WEISS PA; Page 3 JUL. 19.2001 1:46PM Lr'CROWE (' NO. 226 P. Page 14 3 ~ .' .-.-' .-'---. B. Legal Description l.EGAl O::SO'iIPTlCN A IF\ACT' OF U.NO LYING IN S~IICN 17. TOVv'NSriIP 21 SOIJj":--!, RANGE 31 EAST ~ESc.;:;lc-:;!J AS' rcu.oWS: " CCMM~CS AT i"HE NCIl"i'HEAST CORNER OF LOT 12, OVIEiO CROSS:NG . P.-iASi; la, ACCCRCING. TO Tn: PlAT il-lE:lEOF AS IicC~nDEi:) IN ?tAT BeCK ~7, ?AGES SO, 81, a2. A."D S3 OF i'HE ?ueuc. RecoHCS OF sa.i\NCU; COUNTY, AS T~.E ?QJ1'lt OF aEGiNNlNG; 11-iENCE RUN TriE FOLLOWING COURSES ALONG' TIlE NORlH UNE of SAID LcrT 1.1: NOFri'H 72046'44- 'NEST. 53.OS I"~J; SOUTri Socsr12,4 ~, 61,2.0 l"~&; SClJIM 53050.30- EAST, 4..28 1'=1; 'SO\.ITri. 10008.58" EAS"r, 25.a.5. F5T; SCl.."TH 3oo03'2r EASt, 19...28 Fs:t'~.S~ 1s006',B:- wcs:r, 1801-6- ..:::1; SOUTH i70i3'24- EAST. 23.03 ~; SOuTH 52.o5~zS~ Wc;;r, 24..8.& FEET;. SOt.rni ~39'4.2- ~, 22..9.1 FEET; soum 4005i'2.2,. weir., 1!i..ZS Fa;i; SOliTH 14.04t'54:' WEST, 3S.45 1-J;i;.T; SOWn (}7<72a'11.' W'iE:Sj', .53.00 1-=.1; SOUTH 030S.4~47" EAST, 17.73 ;;a;f"; SOUTH 04.032'0,'4 VWE::l""L-, 32.26 F-ET; SOUTH 10023'42. E,AS;r, 27.27 FErr; SOOTrl 21 02,5.56'" EAST,. 25.94 r-=r; SOUTH 57"'1 S'53. EAst, 26.73 l-:.!;J; SOUTH ZZ03O"24.~.~, 30.0-2 ~; SOUTH. 17d32'"t:4- WE5i, 34.51 FEET; soun; 12D3<1"08"" WES7.. 35.'J1 Fel; SCUTH..' 20~55. EASt. 50_30 F= I;' SCU1'H 1404:738. WEST, 3:3.0" FE:1; SCU'T'H- 38046:'4r wsr, 36.55 F:ET; scur;-i 690~30. 'NEST. 30.77 f'EEi:; SOtmi' 830'13"35.' WEST, 31.S6 F."'c;ET: NORtH S3026"~ WEST. 29.09 ~; SCUTri 8So4O"'O~ WEST, ru.80 'FEEI; NCfn'H 87D33'l1. \\<CS:l", 45.61 ~:"'I; SOuni E~"'WEST.. 21.26 F:::'; NORi]tS7'"32'4.6W'WES1'. 14a.n 1"=1.; Tl"lE'ltE. CE?AFtTiNG SAID NCRTH UNE OF::tTT 12. RCN NOR1;H S7.o24'04- EAST. 29.61 FEr'; ~ RUN _ NORTH C0047'2S' FJ1.s:T, 484.46 FeT TO A a..'ilVE C':jNO.VE NCrnU:rU. V; TIiE\lCE RUN WESiE\l. Y AND 'THEN NcsriHsL Y ALmiG ~D CUn~ HAVING A AAElIUS l3lGiH O~ 75Q..oO FaT, A csa:..,,\l., .A..'-lGL: CF 13&043'54., AN Me 1.SNG1i; oF 1a17.G9' 1-=", A OlOS\L> IE<Grrl OF T4.0.4.1a. FCt", AND A ~..cRD e:EAfunIG OF NOFrni 19.o1&'~. W=T; 1"rl~ RtJN NORT'.-l o43D5O'01- EASr. 419~O F2T TO THE SOOl1'-lE1.Y' l:!NE OF T1.iso.WlI.1.A UNiT 7, ~tNG -ro 1'HE Pl.AT. TI'"EECf. p;S ~.JN P1.AT BCCIC 22. PAGES 40 AMD 47 'CF TolE ~EUC RECCf\CS OF SE\.m.I~ coumY,. FU;}f\IOA~. W,eICE RUN- Al..ONG '[HE. SO~..sLY UNE OS: SA:D ~W1U.A UNIT 7~ sCUTrl 700GO'2S- EASr. 504.21 n;:;T ro ~ soUTHEAST eORNS CF SAID' A.AT: ~ RUN SOV'TH 01 007'52- ~, 31S.02. ....-'=1; THCN~ 5l:N S>Jun;.89"'37~~ E..AST. 5.20.75 I- I; TriENa RUN' SOUL" 14032~lS. EA.;:.'"T, t63'..91 =1; 1/i~ RUN seu:Tii 7102S:l'lO- EASI. 164.74 ~ TO A PQINt 'ON TIiE WESTEitY R1GKr-oA'lAY OF tHe ?ROPOSED o~@o C<\CSstNG ~CE: T'r..<;NC:= RUN ALONG SAlD ?ROP~ WEST RlG11T-QF-WAY lINE TriE rcu.CWlNG COUftS<=S; saunl 5~.l5"44" Ylj'Q-;, 200.2.2. F"::=L TO A CURVE CCNCAVE SOlm-f~Y; T1-\S'lCZ ~ SOUTl-l\~y A1.C~G SAiD OJRVE HA'lING A RAC1US 19'JG'tH OF 9::0.00 FCrr. A c:N'i'RAL ANGlE OF '900~., .AN ARC lENGTrI OF 3T6.7' ..==1, A C'lCRO L9lGi:-i OF 3iS.2.S 1-":::&.' A."lO A Q-l-GRO EiEARI."'lG C~ SOtTi"rl ~~42.41~' WEST; THr=N~ RUN SOlJTH' 35oag39:' WE)i, 2.75.09 r-~ TO A etmVE CCNCAVE SOtmiE:AS'i'ERLY~ TriEN~ Rim sC\J"'i1iWES'T'SlY' ALC.~ SAID OJRVE HAVING A MelliS l.&'lGTrI OF aoo.!lO F~-;, A. ~ AlI<GlE' Ci= 170 a.a'SS". ,A.'i. ARC.lSIGi1i OF 243.57 r= I,. ~ cr.OP.O ~ ~. 247.'57 . . FES', AND A CHOrtD E!EPJl;NG CF SQ.\JT.rl 2'J~:tS"22. WESt TO rne AFOnSAIO NCRTHB\ST CChNS OF LO'T' 12 ANO'Th:"E. POINt OF BEGINNING. . TriO; ASC'IE CESCRlSEl rMCi OF tAND WES iN savnNOl:E Cot.'N1Y, F\.QflIDA AND CCNJ";:lNS. ~_55 1 ACrtES. MeRE OR LESS. . . . . . EXHIBIT lk cX:v/ - '-f::J Ciry of WinW' Springs - Oviedo Marketplace Comprehensive Plan Amendment March 2001 Rece.1-~ved: 7/19/01 2:40PM; 4079751278 -> BROWN,WARD,SALZMAN&WEISS,PA; Page 2 'J U L. 1 9. 200 1 1:45PM L( 'CROWE @ ( City of Winter Springs Oviedo Marketplace ORI - Parcel NO, 226 p, 2 14 " \ ._J I: 1 _,~.) /,.-\1, ~.~~..-::~:~) I \ " ..-...,"1, j ,,;.-'; .., -....- -1."---j i ~ I --- , '. !-I I I I I /....>j ~__I , : (..) 1- -". I ........: I .~ ~-.. . "-\'. .~_,..... '- . + l - ~~.: .'--._/' .I.~:~:-~j L!'J. ~'--'~l I _' .L.~ - !IT-' \ I ~ \.' Ii r I ~_.. -"Rj j !II ~~"-t- II \ ~ -.,... -_.~ T ,~~ 'r-t'-1- -}.H I J :; 'l.~lfl .. j--"- r:~~-"'i' \ j---1,;''.".- (, -~ '.-1-. f ~ -. J=/y \----\1 -L._~ I ,./! /" '-r-- 1'1 -1 --l / .~ I ! ( I --, \,L '\ If. "::'f'\ \, LI' '._,._ ..1 I ~'_.._' I \_I.(....'..y. " ,-' \/ __ '--- -'-Co-If . ".,.:,_.,; '" I \ i_ .-,...... / r -. -: .! (. I ;~ n't . ~' -\ .. '- J t. .!-.-- .-....: ".,' / / , ,I... .,~- .' \'_" ...... , ,'- _. ....:..._~\_ .J.. .......:.: \ ) .........>...; ../ ../ /.' '< , .' --- -1 Jl ,I ('} /.,! ,...... ~ .... . .: ). /,<.--..J..) t' ','.". 1'~' .' ". \ I .~. .....j. :,! .'__':~~"'__/, ') !../ __ ...... ....~~..'\~ . .' / :....:..; ,/:./.' '. '....._.,.. , ~ I .' _ r ' ....1 \..~_ _. ._1 ...... '- j l" l 1,/ ('" ,/ ,/ /;~)/-. ....'}.,._ .... .. .. l : i c. '4..j . '-, , ,/ ,,' ~"'y' .' ,'..... . 'J. ';--.. J - j ., (, . . ,:{:-:"'!, ..... .,~..._.'.'-r",: ." ../ -'~'~"-! /. - ( ':~.:)!: "", ~...>; "<"" [""'."( / <. .' I.. J ., ..' I ,.,," :.. ..<'.\ (,.,. '/.. ''', .. -'.- 'r:' /..... &. V:.'r'.,J ..1 . \ v \ . / ....- / / ' - - 'y\ ,....,,, .... ,". . ~\ ./ /~; 'i .i~'\,\(\\" I,~" ~~ .'\~;. \::~~-::;.;: <:;(,'~\ \/ 'a." / /).....".. .... : \"' \ J '....' , ., ! : _ .' , " . ,.:..> , \, /'. . \\ i i - ..: " I:' ,,' .... '. "~",'..' i I. . I; \ \ --" ...\" /" ~.\ :;', . ". . !.. \. . .' \ I..: t \.'\ ", _.4 A f. . . L..... / ./ '. "" i .. t \ . .. . . .:. . \ \ <.: ,........ I ~.tt . .,.... -'t: -' I ! . / /.. .\ .: ; .....,.... / ,.( \... \ ...".....) .;'.... I" ..... .J . "'1(., f/ .' ". j .. ..{\ \(. > ,,'. -. .' . ~ .' 'j":" / 'i ~.. ' .' :, ,..,1,'. ,."/,.:, \. .........\ ": I ". ,! ,. , 1 I . . ..' ,~l ,/' _ ' . j',',' i ':i' .~. ...:..\,...... ;" ,i", I I I (,. '--1 ", , i r" J~.;,., '.,.,' -! I" f.~ ,'" '. ". I ! . ~ :' .' \ ,I '-". i : r" I l'-~l' \:. "'1-.._ ..... ~ ..I '-. '. ... ',.,' \ 1"<.., .,...1 r'--1'~ ...,.. I .... !,~; ....., ; : 1 I, I . \ ...\ \ \ ,; I . ';. . 0{ J ',\ ',." I.. ..\; 'i"-'_~I I ,\'..>" t' ..... ..' ; I :.... I.. ,I I ..( \ , 1 ~ I ~ .. -( ,.,- : , ~ \ !~,,~~,,'''I';. I.. 'I; l' i ! ~'" ..I , , I, \ \ \ : .' 1. " i ,.. I I I 'I I : : , " ..... "' i . I ~ \ , I I ~-\ i .....1 I I i I !. -.. ~ I .. ~ ~ .. ! I : , . .\ i , ; ; ,.-. / '1'1''::' ..... .1.1.._ / ,'- -\ '. " " .. I \ I :. /1".) '-- -.... f... .\ I '\ "'7 - , ., I I I \ ...1..- .+. I I I , \ - r :J .i I I ~ L tJ- .-. "'. ~ 1'.... - r:-" ! \\ i r. "', \ ('",">'-L j r I .....j.~ . 1'1' I ! . " ,. \ I I ! . 'I ~ I .' : I .' . , I 'J; \ ~\ \.' . \ \... . I Source: Seminole Coun . Aprfl 2001 General Location ~ 0;5 N o 0.5 Miles 'J ~ City of Winter Springs Municipal Boundary I ~ ~ ~ Subject Site ,', " Streets .. Water Features ~ L> :I EXHIBIT ^ o::tol-~S- .... ~ LAND DESIGN INNOVA~~ -.us. /5 J I..ookout Place Suit. ZOO Mattla",i.f'l.. 'Z7S1 <10'.975-141' ORDINANCE NO. 2001-45 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-CP A-05-01 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNA TING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG LAKE ROAD, WITHIN THE OVIEDO MARKETPLACE PROJECT, MORE PARTICULARLY LEG ALL Y DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERV A TION OVERLA Y" TO CITY OF WINTER SPRINGS "MIXED USE"; PROVIDING ADOPTION OF AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS. the subject property was annexed in1995; and WHEREAS, pursuant to Section 163.3187(b), Florida Statutes, this Comprehensive Plan amendment will not cause the City to exceed its twice yearly submittal allowance for comprehensive plan amendments as the amendment is related to a development of regional impact; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and City of Winter Springs Ordinance No. 2001-45 Page 1 of 3 WHEREAS, the Local Planning Agency recommended the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CP A-05-0 1) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. herein by this reference. The foregoing recitals are true and correct and are fully incorporated Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Govemment Comprehensive Planning and Land Development Regulations Act, Sections 163.184 and 163.187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale comprehensive plan amendment (LS-CP A-05-0 I) designating the subject property from Seminole County FLUM "Planned Development" and "Conservation Overlay" to City of Winter Springs FLUM designation "Mixed Use". Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit A as Seminole County "Planned Development" and "Conservation Overlay" to City of Winter Springs "Mixed Use." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)( c)( 4), Florida Statutes, and Section 9J-l1, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions: All prior inconsistent ordinances and resolutions adopted by the City of Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. Ifany section, subsection sentence, clause, phrase, work or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date and Legal Status ofthe Plan Amendment. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued City of Winter Springs Ordinance No. 2001-45 Page 2 of 3 by the Florida Department of Community Affairs, or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12 th day of November, 2001. L ~')\~! \kc;.\ IL- I~- c' z:: ~ , v '0 Paul P. Partyka, Mayor T.~ 'J' ATTEST: \ .. ~drea 7e zo-Lnaees, City Clerk to legal form and sufficiency for int r Springs only ney First Reading: Augus t 13, 2001 (Transmit tal) Second Reading: November 12, 2001 (Adoption) Effective Date: See Section 8. F:\DOCS\City of Winter Springs\Ordinances\large scale num . 2001-45. wpd City of Winter Springs Ordinance No.200 1-45 Page 3 of 3 A..C......v..d: 7/19/01 2:40PM; JUL. 19. 2001 4079751276 ..> BAOWN.W~AO.SALZMAN&WEISS.PA; Pag.. 2 I . l-"r'-~"\' , , I ~.. _--... i I \ ;_ f_,.... . .. . _. _ \. '1 '-" -C'-'I 1'~n. .'''''~''' I .. ." / J : : (-- ! .: (.. "-.{' -\ : (" J I .!..-- '-,.: , . " ,I. . (. . .- .' \. _" '" ..:"/'.' :....;. i ", "--='k- ..1 .......:.: \ i.......>..... . .... .J'.: "'::--=-}Jl' I r-) /...! .-...' > ..... /,<._-~ 'J~ '{." ')'~' ...... ," \ :.. ... J . :; .~.~_':.~ ..._/. l') !"';' .. __ ",:\ .....~..:~,.,!./;,/ .'>) ~ .. " t.. - I _ . _, ....... ..., ;' .. .:. \'" i" ...... /-::/_. .\,- '.. I J '- .... , :. / /. .~:> (:~ ...~:'/:'::~/ ~.: ...: ''';:.~'<-/~;7' 7- .... "/. -.=~.._~ .t.. ( .>/......, .t..., ',:,," :. ", ",\ / . .' ../-. '-.. ',-", ,/ I .. , ,'. \,." . /," ~ ", I ~,. '. . , ' I . \ ) . / r.... 1 I ' -- 'r\. '.:'. ''r') ...-;,.... ......:'\ .. ~'-"j 1.,1'>)1- 1,-......\1\ ::.~:-::'..~ ,.;, </ ..(" .::.... . " '_ _ ;.__, \ r" . \ \ . .. _).' ''.. \\ .... '. : \ \ " \ .."....' I '" 1.-" , . .,:"l \, .'_' '.'" i i -.-!i.! . ;\'. .:,' ".-".'.'.<':.\. <": \ '~'/.:'. ". ~ ~ I.', ", ~ .. .. ( 1'.' . . .~. - . i..... .... '...... i..... _. l . , .,. .....<: I / I", / \'- I I ./ ". \ ,""", .' ~'..:'" '", 1:45PM '~ROWE ~ I~O. 22 6 P. 2 City of Winter Springs Oviedo Marketplace DRI - Parcel 14 , .. . ~ I ,-. . . I' _:; -~. ~ i I , I .....1 i ) '-. ."--- '\ / - . \.: :... ...., ',: '\ I I I i i : : \-~ \" ...... ". . \ t "'. .. .._~ . - ". I : 1.', '. . '. - ! ,,'\ ,../, _..\ ._1 I: \ I' -"'-. -"""-:l"-; (.......\! c-- ....--". i - ,',' -...........-.... I ....~ ~ ,''''__ _1..._-.0 '-I~ r '-1 i'--':',-: i ~-- I . (~..' ,..... ,~:.....: I ~ .' ".' ,... '. . I l r..1. .).--. i';'-':';C-'~'~' ..I . q._.-1 ~ !~. ~ ---~~ -.... _I .L ..e I ,-' _:.~ \.~ ~ -- --i . I I , ~ \ '.-y- ,-t~f-l ,. ,J q I' -. - 1:---:..1_ ..--!. I '-~""),' '. I J .. ...I-j I I I j X-;:..- (" -~ '-1-. ~~ ~ --. _I ....L.l..._ I .... - -- , I --l-/' ---1'rjr]-1 i,L I 1 I ! ~._ Lt.l --W_- --I I ; i ~ ", ,1 ...:.'C~.. . I I j<.., - '-"';' ''':.' "-" \" : ; ~..... (,. '::""" .~-f. ' ./"; , ; I J.,_ ~ . ..' o,'Y\ I '-", . ~ ~.. .. .l., ,J .-} \ -1'.;<.<..:. r.Jr':~~! -,.' I .-. '.. -' ". :. . i , ! ! '.l ......\ \ .. : ; ." . .. I: \ '.' '-' ~ I J L',\.,~ . l''''(~' .1...11-'; ".. .. \ I' 10. .'. ~ _ ! "'1 '. .,~,...,. , ,: l' r \ " I .........'. I': ~ I.. j . I .., \ ; i .. r i I I ,-i . I '., i I'"~ Ii; I "i I , .J.I I '. i · I \ . .' . .... ," ~ ,. / .- ., .. ~'" _._l'4 . . .,.- i '\,' , ! ,. i i - . -r " ,;-./''::' :. _1,1._ ;'-, '1~' " .. J.\..1 1. /1'1..; ~... .\ I \ , '1 I I I I. q.l. ._ .+ . 1 ( - ;-. ~ ~ i , I 4L ~J- .- .... " I 1_ r. ...." ." -....> .\.. !- . ! : 4 . .1 , i . ; r.... - r-" ! i . , I t-; 1 I . : ~ i .; . , . "/; ... \ '\ \., ~ \ L . I Source; Seminole Coun . Aprfl 2001 General Location I::V.. City of Winter Springs Municipal Boundary , \, · Subject Site .:\..: Streets .. Water Features EXHIBIT ~ A 3 cX'Ol-~S- ~ 0;5 N o 0.5 Miles 'J ...(') LAND DCS1Ci;'ol Il'Iro:OVA~ -.IlL /5/ l..04l:o~' Plac. $.Jlh ZOO MortfanJ. f'1.. ,nsr 401.n5-lm Rece~ved: 7/19/01 2:41PM; . . JUL. 19. 200 I 1: 46PM 407975'278 BROWN,WARO,SALZMAN&WEISS.PA; Page 3 ,. '~ROWE NO. 226 P. Pa~ 1-4 3 '-". B, Legal Description Lir~ D~SCiI?TICN Po. ~CT OF LAND LYING :N Sc-.IJCN 17. TO\NNS'rlIP 21 SQl,Ji"':--!. RANGe 31 ~ r::esc;;C":;!) AS'rclLOWS: '. CCMME'fCE ,:.T i'Mc ~Ri1-lEAST CCRNER OF LOT 12, QVIEiO GCSSiNG . ?,;AS;; la, ACCCRCING. TO Thl: PlAT TIiERECF AS !;cC~;;DE:iJ IN ru.T SCCK ~7, ?AGES SO, 81, a:z. Aa-.O 83 OF 7'HE rUeLlC. RECOKCS OF SCM1NCU; CCUN'i'Y, AS r.":.E rQJN'r OF 2.EGiNNlNG;. 11iCNCE RUN Tr'E i"OL..!..OWING COURSES ALONG mE NCRlH UNE OF SAID LOT U; NCKi'H nO~44- WEST. 5:3.CS r-~l; SCUTri 63ocsr124 'o',JESr, 61.,10 r-::..a; SOl.i'i"t"l 53050.30. EAST. 4..2.3 l-=I;'SOUTci.16ooa.ss- EASl.', 25.as. FE:T; SCI.."'1"H 3QoQ3'21- EASi. 19..28 FECr~. scum 16"06'16:- ~. l.a loa r::l; SCUi':-i ;70'3'24- EAST, 2:J.CJ FZCT; SOUTH 52 C15~2S~ WEST, 24..8.0. r-" J; SQtmi er3.9' ~ 'b1:ST, 22.9.1 FEET; SOtriH 4QCl5l.22- WE"fir., 1!U8 F3;T; sOliTli 14.041"54::" WEST, ::9.4.5 1-=-1; 5CUTri 07'723"114' WF5i, .53.00 r--::J; SCUTH 030:'4:47" EASi', 17.73 r-=:l; SOUIH Q4."32'O,'4 wc""r-. 3.2..26 !"::t;1; soun-t 10oZT4T EAST, 27.27 FeET; SOUTrl 21 ellS'So EAST.. 25.34 r=I; sour.-! S7413"53- EAsr, 23.13 r=l; SOlITH ZZ03O'24.~.E'AST. 30.D2 ~; SCUTH.17"'3Tt-4:- WSI, 34~1 FaIT; SOl1Tl-l t2Q~.D8"' W57~ 35.'].1 :-c.:I; SCUlri..' 20~S5- ~. 50.30 =-=,; SCU'O'H 14"~n8. WEST, 3:3.01 FE:i:T; SCl.iTrl- 33"46:'4.7" 'NffSr, 36.55 l-...::;l; SOUTH 69"2:r30- WEST. :;0.77 f'Ei:; SCUiH a3~1:r3S" WEST, 31.36 f:l:ET; NCRm 83025"4<r' WE::,-r. 23.!l9 n=::T; SCU'i"ri S€"4Qlcr- WEST, f'22..aO 'FEET; NCFiTH 87033'1 'f4 wcs:r, 45.07 ~:"I: SClJl1i Es:0z;:-:3S-' WE5'r. 21...25 r::;.: N ORi"H. 57 <>32.4.6- WES1'. 14O.;,n FE'r.; rri~tE. OE? Aft'l'il\lG SAm NCRrrl L:NE 0;: ::bT 11. FU'::-l. NOR'rM' S7.02<t'Q4- EAST. 2S.S1 FEr; ~ RUN _ NORTH COCl47'ZS- E'J1.s:T, 4<l4.4S FEr TO A ~IE ~VE NCnTI-lEMtY; ThCNCE RUN WESTEU.Y me iiiEN NCR7HSLY AL.CmG ~D a.:~ HAVING ~ ~UJS .1..3'JGTI-I .OF 7W.oo ~, A ~-v.l. A..~ Ci= 1380~'54., A.,'11 AAC lS'lGT"ri OF 1317.l)9.r:=r, A CHORe ~rl CF T~.lc3. h:::l. AND A C-:t::RD eE.t.imI!G OF NCFr.1-l 19-"16'.;.4- 'IV;.;..; Tr!~ Rt1N NORT'ri 4SoS0'Q1" EASi. 4.1S~O ~ TO rrlE 501:.Ti'F'..Ei1.Y' l:.!NE OF Tl..iSD.\OI1l..!..A l:NIi 7, A.CCQRI:~G N THE Pl.;\T. n-.ElECf, AS t\8"'::::f\C6).IN f"..AT BCCK 22. PAGQ 40 A..~ .&1CF TriE PI:.'a'C RECChCS CF ~~ CO~~ rLOFi.lOA:: 7}:!~ ~I..:N A1...CNG lHE. ~~.sLY L.:NE O~ SAID ~'wVTl..!..A llNIT 7'. saUTri 7O"CO'2:S" EAST, :;~...21 n;;T TO 1HE SCUT:~EAST C::ORN8 CF SAIO' FlAT; r'HENC:: f'l..;N SOt,..Trl 01 o07~- ~, 31~.02 ~; THE'lCE ;;CN SCUTrl.89<"3r40.- EAST, 520.75 F.::T; TrlENa RI.iN- SClIT'rl 14.032~19- EA;;;,i, ta91 =1; Tril:NCE RUN SCUTri 71.2.C'1'O- EAST, 164.7~ l-..l:J TO A ?QJN;' 'ON rrlE WES'T'EN;.Y RlGKr-cF-1NAY OF tHE ?gOPcsro Q'r.i:i:O C\CSS1NG T::AAACE: rr.;:NC= Rl..'N ALONG SA10 n:\O?9SC!l v-.r.;sT Rlc:;r,T-cF--WAY' lINE TriE rcu.cwmG COI..~25; SClJrrl ~'1S'44~ 'NE::,-:', 2CO.22. r=L TO A CtJRVE CCNCAVE solfT.HEA.S1"Si:Y; ~a; ~ SOun'l\o~y Al.C~G SAiO .OJRVE HA'tlNG A RA!:lUS lS'JG1H CF SSO.CO r=/. A ~ ANGLE- OF 1900005-, A.o.., ARC LENGT.-f OF 315.71 ;:E'i, A c:;.!CRO l..:NGTH O!= 3~5.2S r=..' p.."<fO A ~ 5ENlt."lG CS: SOUln 4:5042'41- WEST; THEi'lC2: RUN SOUTH' 3S"Q9'39- ~. 275.09 r-=:l TO A ClffiV'C: CCNCA'I!: SCiUTIlEAS'i'EU.Y; rrJ.ENr::=. Ri.JN SC\;i"iWEST~l:Y')J.C.~ SAID aJRVE HAVING A AACIUS ~rl OF SElO..oO F-=., A c:smu.t.~. Ci= 1704.3'35.. Aa'<.A!iC.t.9IEi7'H OF 243.5? r=I,.A, cr.Op.o ~ OF247.~ . P=..s-, ANO A CHOMC ~"'lG CF sourrl 2J:O:1.5'22- ~~ TO TnE AFVtt5AIO NCRlr!EAST CCfitolB OF i..oT 12 A.'lJO. TI-:'E. POINT. OF aEGINNING. . rriC:: A3C'/E ~ESGUSE:l 'i=AAC7 CF!.J\ND t..:S ;N savnN01.:E Cct.'NlY, ~A. AND C:NJ"~S. ~.551 AQE5. ildCR: CR LEC'S. " . . EXHIBIT 11\ cX::o/-~S- Ciry of Win~" Springs - Oviedo MarkJ:cplca Comp,.ehl!n.sive Plan All'tLNimenc March 2001 ATTACHMENT B THIS fNSTRUMENT 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 DRI 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, tp 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 detennined 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 detennined that all the existing rights of private property shall be preserved in accord with the constitutions of the State of Florida and the United 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 \620H 1\114 592H I v2 WHEREAS, DLl Properties, Inc., a Florida corporation, filed an original Application for Development Approval entitled the "DLl 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 OrigiJ:1al A DA 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 117, 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 DLl 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 If1 Official Records Book 2985, Page 1730, as amended and 2 009771\62081\#459281 v2 superceded pursuant to that certain First Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (fonnerly 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 (fonnerly 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, the City of Oviedo issued that certain City of Oviedo Substantial Deviation Development Order dated June 3, 1996 and recorded September 18, 1996 in Official Records Book 3131, Page 16 I 0, as amended and superceded pursuant to that certain First Amended and Restated Substantial Deviation Development Order for Oviedo Marketplace (fonnerly 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 (fonnerly 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 (fonnerly Oviedo Crossing) dated 200 I 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( 15)(h), Florida Statutes, in May, 200 I the Developer filed the County Substantial Deviation Development Order for approval by the City of Winter Springs; and 3 009771 \62081\11459281 v2 WHEREAS, selected modifications have been made herein to the County Substantial deviation Development Order for purposes of (i) confonning 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 Commission of the City of Winter Springs 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 tenns and conditions to which the Developer agrees: SECTION I. RECITALS The above recitals are true and correct and fonn a material part of this Development Order. SECTION II. FINDINGS OF FACT I. In November 1994, the Developer filed with Seminole County the Application for Development Approval for a Substantial Deviation DRI known as the Oviedo Marketplace Project (fonnerly 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 of Winter Springs is generally reflected on Map H attached hereto as Exhibit "B" with development proposed on Parcel 14 as identified on such Map H. 4 009771\620R 1\1145928 I v2 4. In May 200 I, 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. 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 information, data, plans and commitments contained in the Oviedo Marketplace Development of Regional Impact Application for Development Approval and supplemental information 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 information 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 Additional Information dated December 1994; and (e) Additional information provided by letter from John Rinehart of Glatting Jackson Kercher Anglin Lopez Rinehart dated February 24, 1995; and (t) 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. 5 009771\62081 \#459281 v2 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 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( 12)(a), Florida Statutes, recommended to Seminole County that the Oviedo Marketplace Substantial Deviation DRI 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 Springs Land Planning Agency sitting as the Local Planning Agency. 12. This Development Order is in substantial confonnity with the County Substantial Deviation Development Order adopted by Seminole County but subject to the following modifications: (a) While this Development Order makes reference to the entire Project, the tenns of this Development Order shall apply only to that portion of the Project contained within the City of Winter Springs and more specifically, to the development proposed on Parcel 14 as set forth on Map H (Exhibit "8"). 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 6 009771 \62081 \1I45<J2X I v2 ../ 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. 15. The proposed development consists of the following: SUMMARY OF APPROVEDIPROPOSED DEVELOPMENT Oviedo Marketplace Retail Services/Office HospitaVOffice(2) : ..._,' ':-::~:; ',' :,;~,)":":\!':i, '__, ' :.P:H4SE? (2P02::~QO?j Residential 4DU 1.3 1,750 240 N/A Retail Services/Office 419,000 SF 46.0 Hospital (4) o to 120 Beds 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. A portion of the Regional Shopping Center may include a multi-screen movie theater. (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 \62081\//459281 v2 I~'Z]~, 'f::~i:~;;~i;:~~ ~~;n~- ~s~' ~ .< \")~,> ~',\!~ :;:";>';~~ l;.~:_~' ': '..: I'~' 0 .. . ;'park;~g'~~~l;C~'::~i!J .. -' .:Ocvelopment prograni : Acreage , _' 0.,. .1' .,-.. Retail Services/Office J ,909.197 SF 176.5 10,950 Office 126,800 SF 12.9 600 Hospital/Office 104,981 SF 15.6 650 - 0 120 Beds 240 to Residential 4 DU 1.3 Storm water PondslBorrow 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 (a) Estimated Total Gross Daily Trip Ends (i) Phase 1 - 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 Winter Springs 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 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\#45928Iv2 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 confinnation that office uses and retail uses have not exceeded the maximum allowable by phase and cumulatively for each use. In addition, the DRI Annual Report shall include information indicating the cumulative 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 (19), 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 WINTER SPRINGS, FLORIDA _., :': : l,~ J,;~nd .us~' . . .' ,I)e:vel~~:w:~~~i:'4!".:;' :~::p',~~t>:'S'd'~fr' : ,.p'r"o' gCtanf'"l-i"':!::;. :.,,:,;,flr:,.Jllg,. :P.~,<f~.~ . .. -I ',' ..._.,_:L~_~::-':>~;':' ~<_;"':'j. ~y.-:.:,~:~..;-~.> ',:::',,:.:;' ,PHA.SE 3(200i~2005) Retail/Office 14 15.1 160,000 SF 800 Open Space - Upland Conservation 5.2 29.2 Open Space - Wetland Conservation TOTAL :f: 49.5(1) 160,000 SF 800 Notes: (I) Parcel acres shown are approximate and, during final planning and platting, parcel size may vary. Source: Glat/ing 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 Commission of the City of Winter Springs makes the following Conclusions of Law: 9 009771 \6208 I \#45928 I v2 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. 2. The development permitted by this Development Order is substantially consistent with the report and recommendations of the ECFRPC. - .3. The development of the Oviedo Marketplace Project is consistent with the City of Winter Springs Comprehensive Plan, as amended, and with the City of Winter Springs Land Development Code, and adequate public facilities are available for Phase 1, Phase 2 and Phase 3 of the Project. SECTION IV. TERMS AND CONDITIONS OF DEVELOPMENT RECOMMENDED BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL 1. General Conditions. (a) Development of Phases I a and I b 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 1 b 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 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 10 009771 \6208 1\11459281 v2 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 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 portiones) 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 penn its by the County 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 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 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 penn its 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 11 009771\62081\1145928 I v2 of the foregoing studies for Phase 3. The Developer shall then satisfy all concurrency requirements consistent with 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 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 detennined 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 County or 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. "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. 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 12 00977 I \6208 1\# 4 59281 v2 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. 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 perfonned 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 stonnwater management program and compliance with the objectives set forth in Chapter 29-F-19.00 I, Florida Administrative Code, the Dovera Community Development District ("CDD") has been fonned 13 009771\62081\ff45928Iv2 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 system for the Project site to assure that the components continue to operate at their design capacities for the life of the Project. The CDD shall be responsible for all applicable pennit 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 run-off to the stonnwater 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. 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. The Developer has calculated the demand for affordable housing based upon actual number of employees hired in Phase I and Phase 2 and the estimated number of employees to be hired in Phase 3. The Developer has also inventoried the available housing supply. Based upon the foregoing analyses, the Developer has demonstrated that an adequate supply of affordable housing will exist for the life of the Project. The DCA, ECFRPC, Seminole County, the City of Oviedo and the City of Winter Springs have accepted and approved the methodology and results of the foregoing analyses and acknowledge that no further mitigation shall be required. 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 14 009771 \62081 \#459281 v2 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 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 permit the participation by all generators and handlers on the Oviedo Marketplace site. The plan shall be approved by FDEP and the DCA and shaii 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: Project 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 ITE Trip Generation manual), whichever comes first. 15 009771 \62081 \#459281 v2 ".' . ~;~hase' . .t;-i:~,:'!;,: ~7j~~%'lfp~~li~r()s~!f;;'''; ! ?;';i;':Y:;;~To:~a" 'W r.?S~;::::.~;i! 7}fi~;rp; '. ,:'\'.:.;.' ~ c~ t~JlIl~~ !~~ >. ;,,;:i" ',(Year) " ':...;:;:1..\ '::~~a!<;'f,ldl;lr.1'np;~: ';,.:; ':; ?0u~ul.llhve'f:'.y,.';r :~;,,:p~u 'r.!P')\~ ';.,Vu.mul~.hv~~ '.. .';,;,;' " .'r.<,(~, t~lJ"+;1 (\EiJds~~ii~P,t1a:S~/I.". i;>, Pe,l1l5'H'~~"r.~Wi:i.p.i'Ertds'}" :~~lfd's."~~r.:~~Ii~'se'"~1 F;.f~;'1i'~m.t!fi~E~1i~~?' la& Ib (existing & approved) 2 (2002) (includes mall) 3a (2005) 3b (2005) 2,002 2,002 23,420 23,420 (I) 4,060 6,062 43,502 66,922 (2) 1,482 856 7,544 8,400 17,410 9,222 84,332 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. 13. Transportation: Monitoring and Modeling. (a) The City of Winter Springs 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. DRI 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 that were analyzed for full buildout of the Oviedo Marketplace Project. The facilities to be monitored/modeled for Phase 3 16 009771 \620R 1\#45928 I v2 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 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 information from the Developer to verify adherence to these provisions. The Developer shall supply adequate information toward compliance with these requirements. Candidate Roadways for MonitoringlModeling Study Horatio A venue US 17-92 to Thistle Lane Aloma A venue (SR 426) US 17-92 to Lakemont A venue 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 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 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 Avenue (SR 426) West Broadway Street (SR 426) Winter Springs Boulevard to Lake Jessup Drive Lake Jessup Drive to SR 434 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 Geneva Drive (CR 426) CR 419 to Lockwood Road Lockwood Road to Seminole Woods Boulevard 17 009771 \62081 \11459281 v2 Mitchell Hammock Road Aloma A venue (SR 426) to SR 434 SR 434 to Lockwood Road Chapman Road SR 426 to SR 434 Seminole Boulevard US 17-92 to Lake Drive Lake Drive Seminole Blvd. to TuskawiIla Road CR419 SR 434 to Lockwood Road Lockwood Road to Old Chuluota Road Semoran Boulevard (SR 436) University Boulevard to Aloma Avenue (SR 426) A loma A venue (SR 426) to Howell Branch Road HoweIl Branch Road to Lakemont A venue 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 Goldenrod Road (SR 551) SR 50 to University Boulevard University Boulevard to Aloma Avenue (SR426) Dodd Road HoweIl 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 MitcheIl Hammock Road Mitchell Hammock Road to CR 419 CR 419 to CR 426 McCulloch Road SR 434 to Lockwood Road 009771\620SI\#4592Slv2 18 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 Boulevard to Aloma A venue Aloma Avenue (SR 426) to Red Bug Lake Road Red Bug Lake Road to SR 434 SR 434 to Lake Mary Boulevard Dean Road SR 50 to University Boulevard University Boulevard to McCulloch Road McCulloch Road to Aloma Avenue Rouse Road SR 50 to University Boulevard SR434 SR 50 to University Boulevard University Boulevard to Corporate Blvd. Corporate Boulevard to McCuIloch Road McCuIloch Road to Chapman Road Chapman Road to Alafaya Woods Blvd. Alafaya Woods Blvd. To Mitchell Hammock Road Mitchell Hammock to Aloma Ave. (SR 426) Aloma Avenue (SR 426) to GreeneWay GreeneWay to Tuskawilla Road Tuskawilla Road to CR 419 CR 419 to US 17-92 US 17-92 to CR 427 University Boulevard SR 436 to Goldenrod Road (SR 551) Goldenrod Road (SR551) to Econlockhatchee Trail Econlockhatchee Trail to GreeneWay GreeneWay to Dean Road Dean Road to Rouse Road Rouse Road to Alafaya Trail (SR434) 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 or 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 determine alternate mitigation solutions to provide for the transportation needs. (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 19 009771 \62081 \f14592H I v2 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% (91-2.045, 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 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, DRI 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) 1-4 and SR 417 - New interchange. (b) Mitchell Hammock Road and Lockwood Boulevard - add eastbound left-turn lane. Roadways (c) SR 434 - Widen to 4 lanes from Tuskawilla Road to SR 417 (year 2002). (d) CR 419 - Widen to 4 lanes from Lockwood Boulevard to Oviedo City limits (year 2002). (e) CR 419 - Widen to 4 lanes from the Oviedo City limits to Second Street (year 2002). 20 009771 \62081 \#459281 v2 (f) Dodd Road - Widen to 4 lanes from Red Bug Lake Road to Howell Branch Road (year 2002). (g) SR 417 - new 4 lane toll road from US 17-92 to Lake Mary Boulevard (year 2002). (h) SR 417 - New 4 lane toll road from Lake Mary Boulevard to Rinehart Road (year 2002). (i) East Lake Drive - Widen to 4 lanes from Seminole Boulevard to Tuska~illa Road (year 2002). (j) SR 426 - Widen to 4 lanes from SR 417 to Mitchell Hammock Road (year 2002). The following improvements or mitigation are required as a result of background traffic and Project traffic prior to commencement of Phase 3a: (k) 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. (I) 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: 21 009771 \62081\//459281 v2 (m) 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. 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 FOOT 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(j) 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 actual 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 acc?rdance 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: FOOT Agreement. In the event that the monitoring/modeling results as set forth 111 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 22 009771\62081\11459281 v2 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 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 the following proportionate share contribution formula: DRITrips XC osl 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 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 determined 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 information 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 annllal report shall include turning movement counts at Project entrances and the 23 009771 \62081 \11459281 v2 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. 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 mitigative 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) In the interest of safety, and to promote alternative forms 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 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 'jJedestrian 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 24 009771 \62081 \# 4 59281 v2 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 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 infonnation), 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 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 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 determined to be necessary by LYNX and the City of Oviedo. (ii) Access and internal collector and arterial road geometrics shall accommodate an eight (8) feet wide by forty (40) feet long advance design coach. The Developer shall provide shelters and pull-ollt bays along the on-site transit route. Shelter 25 009771\6208 I \/145928 I v2 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 ~1I bus stops and shelter locations. (iv) Transit schedule and information displays will be provided, at- a minimum, at each on-site bus stop. (v) Maintenance of transit amenities shall be the responsibility of the COD or a property owners' association formed by the Developer. (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: - 26 009771\62081\1/459281 v2 (i) 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 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 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. (iv) Promote and encourage variable work hours and flextime participation by on-site 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 shalI 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 DRI Overall Peak Hour Traffic Reduction Goal Phase 2 Phase 3a Phase 3b 5.0% of peak hour volume 10.0% of peak hour volume 15.0% of peak hour volume 27 009771 \62081 \#459281 v2 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 DRI 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 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 28 009771 \620R 1\# 4 59281 v2 Project as depicted in Exhibit "8" attached to this Development Order, then upon the written request of the owner of the parcel, the City Manager or his designee shall confirm in writing to the owner, mortgagees and potential mortgagees of the parcel that all the conditions are being complied with. Ifall 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 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 Dev.eloper 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 DRI applications for development approval or requests for a substantial deviation detennination that were filed in the reporting year or which are to be filed during the next year; 29 009771\62081\#459281 v2 (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 penn it, permit number and purpose of each; (i) A statement that all persons have been sent copies of the annual report in conformance with Sections 380.06( 15) and (18), Florida Statutes; and G) 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)(f), Florida Statutes. SECTION VII. PERIOD OF EFFECTIVENESS I. 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 2 (2281 external ADTs) is not constructed on or before September II, 2002, 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 ~xtension permitted pursuant to Section 380.06(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 detennined 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 30 009771\62081\#459281 v2 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 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, 20 10, 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 hannless, 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 CDD pursuant to Chapter 190, Florida Statutes. The CDD 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 CDD may make such improvements. 31 00<)771\62081\//45<)281 v2 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. [SIGNATURE BLOCKS BEGIN ON NEXT PAGEl 32 009771 \62081 \#459281 v2 ADOPTED and approved subject to the conditions set forth herein on this 12 th day of November 200 I by the City Commission of the City of Winter Springs. Florida. " . , , CITY CO WINTER SP By: Name: Its: J. . I Da~: November 12, 2001 For the use and reliance of Winter Springs City Commission only. Approved as to form and ~ City Attorney / / / As authorized for execution by the City Commission, City of Winter Springs, at their November 12, 200 I regular meeting. STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this ~ (} ,,J ~ ~,,'" :1ko. "~ ,YL CITY COMMISSION, behalf of the City. H sl~e is as identification and did not take an oath. ( ^ day of -=1\.01)-( XvJuJI , 200 I by of the CITY OF WINTER SPRINGS personally known to me or produced #4P ~ Deborah l Gillespie *i.~ My Commission CC920806 ,~..,,~ Expires March 21. 2004 l)q~~M~ Name of Notary . NOTARY PUBLIC, STATE OF FLORIDA Commission Number: ~q~O ~ Di...P My Commission Expires: IY\:uv')'1 d...l, ;:J.COI+ 33 009771 \(i20X J\1I4592X I v2 JOINDER AND CONSENT BY DEVELOPER THE VIERA COMPANY, a Florida corporation A TrEST: By: Name: Title: By: Stephen L. Johnson Vice President Date: "DEVELOPER" STA TE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , 200 I 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 \#459281 v2 EXHIBIT LIST Exhibit "A" - Legal Description of Winter Springs Property Exhibit "8" - Master Development Plan (Map 1-1) Exhibit "e" - Equivalency Matrix 35 009771 \62081 \#459281 v2 -.... ~ '. Page 1-4 B. Legal Description LEGAL DESC'iIPTlON A TRACT OF LAND LYING iN SECTION 17. TOvVNSHIP 21 SOUT:~, RANGE 31 V-ST C=SC"~:Ec!J AS' FOLLOWS; COMMENCE AT THE NORTrlEAST CORNER OF LOT 12, OVIEDO C~OSSiNG - Pl'iASc'lB. ACCORDING. TO THE PlAT THEREOF AS RECCRDED IN ?tAT SOOK 47, ?AGES 80, 81. 32. AND 83 OF THE PUEUC RECOrDS OF SEMINOLE COUNTY, AS r:...:.E POINT OF BEGiNNING;. THENCE RUN ThE FOLLOWING CGURSES. ALONG TFlE NORrri UNE. OF SAiD LOT 1.2; NORTH 72 0 46:44' WEST, 53.09 .-=1; SOUTri a30C5~12- WEST, 61.20 r~l; SQL-Tn 53050'30.' EAST, 4..2.8 r=t; 'SOUTH 16008'sa- ~-r.,. 25.8.5 tEl; SOliTrI 36"03'21' EAST. 19..28 FEET;.SCUTli 1600~18:" WEST, 1.8:.1-5. F.:ET; SOUTH 17013'24" EAST, 23.03 FEET; SOUTH 520~z5f WESJ", 24.8.& FE::T; SOtIrH 65"39'42" WEST, 22.91 FEET; SOUTH 400ST'U" WES1=,19.28 FEET; S'Ou'TH 14"41'S4=" WEST, 39.45 .-=.1; SOUTrl 07"23'1r WEST, .53.00 t-=.I; SOUTrl 0305.4.'4T EAST, 17.73 FEet; SOUTH 04"32'01" WEST. 32.26 F-::t; SOUTH 10023'42" EASr, 27.27 FEET; SOUTH 2; 025'56'" EAST, 25-94 ;:-::.::.r; SOUTrl 57'013"53" EAST, 26.73 FEET; SOUTH 22"30'24.- EAST, 30.0.2 F""c:ET; SOl/TH 17032'14. WEST. 34.51 FCET; SOUTri 12034"Ca- WEST,. 35.'11 FEET; SOUTrl 20039'55" EAST, 50.30 r=I;' SOUTH 14047"38. WEST. 33.01 FEET; SOUTd 38046"47- wEsr, 36.55 FEET; SOUTH sso23'3Q- WEST, 30.n r=l; SCUTH (33013'35" WEST, 31.96 FEET;. NORTH 83026"48" WEST. 29..os H:=l'; SQuTrl 86"4010. WfSi'. . 122..80 'Fa:T; NORTI; 87033'11'" WEST, 45.67 I-'-~I; SOUTH cgozr3S- WEsT, 21..26 1-=.; NORTH.B7G32.4Q" WEST, 14&71 FCET; T!-i8tCE, OE?ART.NG SAID NORTH UNE OF toT 12. RUN NORi:H 57024'04' EAST, 29_61 1---:1; THEjCE RUN _NCRIH. 0004-7'25" EAST, 484.40 t-'--:I TO A C'JM'IE CCNCAVE NOR11-lSLY; . 'THENCE RU.~ W=ICRlY AND THEN NCRTnt:.~Y ALc.....G SAm. CURVE, HAVING A RAJ;)I~S L:NGTH OF 750.00 t-'--=1. A CENI:"-v.L A."'lGJ..: or: 138048-'54", A.'II ARC L:NGTri OF ;an.cs. FUT, A CHORD LECGTrI OF r 404.15 1-=1, AND A C...:.cRD EEAR!.~G OF NCRni 19416.44. WE'5T; Tr!9lCE Rb"N NORT.-l 43050.01.... EAs:f, '4i2".:3.0' .-=1 . TO -THE" SQlJj';-fSl:.Y lJNE 'OF" ruSCAW.t1.A UNIT 7. ACCCRDmG TV- 1HE PLAT TI-i..EiECF, AS R::~RCE).JN PLAT 800K 22. PAGES 40 AND 47 'OF THE ptJ&.;C RB:CRCS CF SCMINCt.E COI.JN1:Y, FLOR1DA;~ TffENCE BUN ALONG TIlE. SCljll-;.a{t_ Y L.1NE oc: SAID TUSKAWiUA UNIT 7; sOtJFH 700QO'2S'; E..\ST. 604.21 ;:cr TO' Tn!: SOUTHEA...q CORNER OF SAIC' FlAT; i'Ha<<:E fUJN SCt;Trl 01 007.52. ~, 319.02 r-....cl; THENCCRl..'N SVlJTH.89<>37'4Q.- EAST, 520.75 t-=.; Trl~ RUN SOUT'rl 14032',9. EAST, "63-91 c--:I; TH~ Rl.:N SOUTH 71020'10" EAST. 1-64.74 FEET TO A ?OINT ON THE WE;;,tE.=\lY PJGhT-GFoNAY OF TrlE ?ROPOSE) OVIEDO CROSSiNG T::?RACE; THENCE RUN AlONG SAID ?ROPOS@ WEST RIGhT-OF-WAY UNE TrlE Fcu.oWlroiG COURSes; SOUTrl 55015'44" 'NEST, 200.22 ;:-=1 TO A CURVE CCNCA VE SOUT.HEASTI?.i.. Y; THENCE RtlN SOUlli'NESTERLY ALONG SAlD OJRVE HAVING A RACtUS LENGTrl OF 3.50.00 r= I, A c9rrRAL ANGLE- OF 19,006"'05-. AN ARC lENGTH OF. 316.71 r--j, A OiCRO LENGTH OF 315.25 1-:::-1, AND A OiCRD 2EARlNG OF SOUTH 45042.41': WEST; THENCE RUN SOl,'TIf 35009'33" WST, 275.09 r::=r TO A CURVE CCNCA'I!: SOUTIiEASTaLY; Tr!ENCE. RUN SCv'THWEST31X ALC.-..:G SAID CURVE HAVING A RADIUS LENGTH OF 800.cO F""=Ei, A C3'ITRAL AAGLE OF 17048'35", AN.ARC.L.:NGTIi OF 243.57 r=l. A cr.ORO :...=N.GTH OF 247.57 l-b:'J , AND A OiORO aEAR:NG OF SCUTrI 270)5;21" WESr TO THE A;:QRSAID NORTHEAST CCRNER OF LOT 12 AND' TEE. POiNT OF :E;iNlI:lr-;G. TrlE A30VE DESCHISED Tr1ACT OF LAND US iN SeMINOLE COUNTY, ;::_ORlCA AND CCNT ~lN.S 49._55: AGES, MORE OR LESS. Cir,; a/Winter Spr:ngs - Oviedo Marketplace . Comprehensive Plan Amendment March 200f ATTACHMENT C ( . . I ( . . oviedomarketplace (~~ # . # Retail/Office ~ ?"~ ~ % ~ ~ Q) > .~ o ~ .... Q) -:0 ~ 0....- ... \ 0oa.~ ..."'- # ~e ~- ~ ~ # v~..~., ~ ~<Qvq, Ii -- _n .. . o . ~ - - .. ..=.... - -. .....iii .-.-- -~ __ [C GLATTING JACKSON KIlRCHIlR ANGLIN LOPIlZ RINIlHART Legend: . . Site Boundary - Parcel 14 Oviedo Marketplace Property Wetland Preservation Area Upland Preservation Area Upland Enhancement Area Retail/Office 160,000 Square Feet Scale in Feet I o SOurce: P.ECJMarch 2001 I 400 800 Nonn <D - ( ,)" ~. . "~~":." . " A..-f" l~' (f! q oviedo111arketplace I~;... ,~I~\\I:...,t.".. c.......:...........,... '-'I,..: I. - - - . Drainage Easement _00_. 250' Setback from Residential rn a oh2 1 - IJarccl14 ....- m;::t~tpr rlp\lplnnmpnt nl~n ATTACHMENT D PLANNING AND ZONING BOARD REGULAR AGENDA ITEM June 6, 2001 A. OVIEDO MARKETPLACE DRI LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS- CPA- _-01) AND ADOPTION OF DEVELOPMENT ORDER (_) STAFF 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 (DRI) are exempt from that requirement (section 163.3187 F.S.). Section 15-35 of the City Code requires that a staff review board (DRe) 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 approve 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 Sl, 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 DRI Development Order. 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 DIU 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-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 Greene Way. The site corresponds to Parcel 14 of the Oviedo Marketplace D RI. 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 Existing Use Zoning FLU Subject Site Vacant PUD (SC) PD, Cons. Overlay (SC) North SF Residential _.RUD _~X1SL_ LD R ~~L--7-------'-------- .-- 1---- . --.------ South Commercial PUD (SC) J~}2_ (SC) ._____._.____ ---- .----.-------- ------ East Vacant &. Commercial _~'yD_(~C & g2_ HIP (SC) f--- ----.----.--.------ Wedands PUD (0) Conservation (0) -- --- -- R-1A (SC) ------------ West FPL Easement SF Resid. 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. ~AJL1{SIS 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 wedand area to provide sufficient acreage of Open Space to meet the standards of the Mixed Use designation. Policy Cl 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 wedand areas were designated as Conservation, thc applicant would be allowed to develop only 50% of the reminder of the site as retail/office, and would be required to providc an additional 20% of the mixed-use portion of the property for open space use. Staff recognizes that this requirement would bc excessive given that the approved DRI master development plan already shows that more than 50% of the entire property will be preserved for open space. The Development Order and master development plan (Map H) already provide sufficicnt protcction for thc cnvironmcntally sensitive arcas. 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 defming 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 .~ithin 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. DR! 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 Use Acres IXI Sq. Ft. Parking 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 ptGportionate 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 (SJWMD) 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 - There 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 casement 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 tl1e 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 fine 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 lOa-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 - There are no known significant historical or archaeological resources located on the site. (j P&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 Ordcr E. Proposed Winter Springs Dcvelopment Order 7 ATTACHMENTE NOTICE OF CHANGE OF LAND USE AND ADOPTION OF DRI DEVELOPMENT ORDER The City of Winter Springs proposes to change the Future Land Use category of Parcel 14 of the Oviedo Marketplace Development of Regional Impact (DRI), shown in the map in this advertisement; and to adopt a DRI Development Order relative to this parcel, as stated below: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT REFERENCED AS LS-CPA- 05-01 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS A 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG LAKE ROAD, WITHIN THE OVIEDO MARKETPLACE PROJECT, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" AITACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERVATION OVERLAY" TO CITY OF WINTER SPRINGS "MIXED USE". A public hearing on the adoption of proposed Ordinance 2001-45 will be held on November 12, 2001 at 6:30 p.m. at the Commission Chambers, City of Winter Springs City Hall, 1126 East State Road 434, Winter Springs, Florida. Interested parties may appear at the meeting and be heard regarding this amendment. ~. " , ~ - ./ l ',',\ ~~.~!~;:j I \- -"'~',' #.. -~..). -~ ," / ...\~ ',. ..... "~-:\: /" \. \~ ~-., /' .~ .., / ,. 1.;'<:', 'i \:'< i ~ '\ ' \;\.. . - :,~ / " . , r., \. .\ , ' \ ',' o, " ,,. ,/ -, '., I r ...... / r ,/ .... / , , />~ . .' , "'~ '. \. ./~ , , \ ' -. r.'~. :';-. < I , I' J...~ "\ '. \- ...., \, ~'-~. - .~~' ! :- -./~ ~ J . ! I - \ I .....' I . The proposed amendment may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800 #236. This is a public hearing. If you decide to appeal any recommendation/decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. Andrea Lorenzo-Luaces City Clerk ATTACHMENT F STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor STEVEN M. SEIBERT Secretary October 12,2001 The Honorable Paul Partyka, Mayor The City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Dear Mayor Partyka: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Winter Springs (DCA No. Ol-Dl), which was received on September 23,2001. Copies ofthe proposed amendment have been distributed to appropriate state, regional and local agencies for their review and their comments are enclosed. The Department has reviewed the proposed amendment for consistency with Rule 9J-5, Florida Administrative Code (F.A.C.), Chapter 163, Part II, Florida Statutes (F.S.), and the adopted Winter Springs Comprehensive Plan. The Department raises no objections to the proposed amendment, and this letter serves .as the Department's Objections, Recommendations and Comments Report. However, we have the following comment for your consideration. Please note that the City's comprehensive plan amendment and the adopted development order for Oviedo Marketplace Development of Regional Impact must be adopted at the same hearing, pursuant to Section 380.06(6)6., F.S. In the meantime, the City should postpone the approval of any development permits for the property until it has adopted a development order for the portion of the Oviedo Marketplace DR! within the City, pursuant to Sections 380.06(lS)(g), and (h), F.S. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, F.A.C. Upon receipt of this letter, Winter Springs has 60 days in which to adopt, adopt with changes, or determine that the City will not adopt the proposed amendment. The process for adoption of local comprehensive plan amendf!lents is outlined in s. 163.3184, F .S., and Rule 9J-l1.0 11, F.A.C. Within ten working days of the date of adoption, Winter Springs must submit the following to the Department: Three copies of the adopted comprehensive plan amendments; A listing of additional changes not previously reviewed; A listing of findings by the local goveming body, if any, which were notincluded in the ordinance; and 2 5 5 5 S HUM A R D 0 A K B 0 U LEV A RD' TAL L A HAS SEE. F LOR I D A 3 2 3 9 9 - 2 1 0,0 Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon. FL 33050-2227 (305) 269-2402 COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Tallahassee, FL 32399.21CIBllahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (650) 466-2356 (650) 413-9969 (650) 466-7956 , The Honorable Paul Partyka October 12, 2001 Page Two A statement indicating the relationship of the additional changes to the Department's Objections, ,Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. Please be advised tltat tlte Florida Legislature amended Section 163.3184(8)(b), Florida Statutes, requiring tlte Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local govern- ment's plan amendment transmittal (proposed) or adoption Itearings. In order to provide this courtesy information statement, local governments are required by tlte law to fumislt to tlte Department the names and addresses oftlte citizens requesting tit is information. Tltis list is to be submitted at the time of transmittal of the adopted plan or plan amendment. As discussed in our letter sent to you on May 25, 2001, outlining tlte cltanges to Section 163.3184(8)(b) which are effective July 1,2001, 'and providing a model sign-in information sheet, please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. For efficiency, we encourage tltat tlte information sheet be provided in electronic format. In order to expedite the regional planning council's review of the amendments, and pursuant to . Rule 9J-l1.011(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the East Central Florida Regional Planning Council. Please contact Dawn McDonald, Planning Consultant, at (850) 487-4545 if we can be of ass is- tance as you formulate your response to this Report. Sincerely, ~4- iJMike McDaniel T ~rowth Management Administrator Bureau of Local Planning MMldm Enclosures: Review Agency Comments cc: ~. Sandra Glenn, Executive Director, East Central Florida Regional Planning Council vMr. Earnest McDonald, Advance Planning Coordinator, City of Winter Springs Ms. Carey Hayo, Authorized Agent for Oviedo Marketplace DR!, Glatting Jackson ATTACHMENT G IN Il:.Rl:iUVl:.1<N I HL t-'RUl:iRHM t- ax : ~~U-~L L-~,,)~U :::.ep L:> Ul ~'4J r. VLJ VL Department of Environmental Protection M'a~ory Sto~eman Douglas Building 3900 Comr:nonweallh Boulevard Tallahassee, Florida132399-3000 David B. Slruhs Secretary ..Septe~ber 24,2001 . Mr. Ray Eubanks i Plan IRevi~w and DR! ~oGess~ Tean;f : Florida Oepartment ofCodnnumty Af(aiis " 2555.Shwnard Oak Boule\\"ard, '1 Tallahassee. Florida 3~J99!.2100 .' 01 " I I RE: City of Winter Springs.:Ol-DI, Seminole C~nn:ty(Oviedo Marketplace DRI) . , . Dear Mr. Eubanks: I '. . The qffi.c<:: of Legislatiye ;u~d O?ve~~ntaI ~ffa~rs, h~ reviewed the proposal. under tb.e . . procci:l ures of Chapter 163, Honda Statutes, ~d. Chapters 9J-5 and 9J-} I, Flonda AdUllmstratlve Code. and y.re have no oomments baseQ on ad~tion~l information provided by the consultant to this project that satisfied concerns raised ~g the ~reliminary Review. Thank youJor the opportunity to comme~t on'this proposal. IfI may be of further assistance, please call me at (850) 487-223.1. : Sin'c~eIy, ~ II' -r;'A 17. _ ; ") I'~ Marlane' Castel1~os Office of legislatIve and Govemmental Affairs . , Mel . . '. , ." . I " ,. , . I .Protect. ConservG and; M8nage. Florida 's Enviro",nent and Natural Resources. . . PrfritGd on rr:cycl9d paper., ; , I , i. ! I I I; j I' r : , I , , . I ! r . . . , I I' i , I i, I '. . , , ; I I I I . I ! I, I ! i I I , , I I : I I.' /' JEB BUSH GOVERNOR Florida Department of Transportation THOMAS F. BARRY, JR. SECRETARY Florida Department of Transportation District Five Systems Planning 133 S. Semoran Blvd. Orlando, FL 32807 9/26/01 Mr. James L. Quinn, Chief Department of Community Affairs Bureau of State Planning 2555 Shumard Oaks Tallahassee, F132399-2100 SUBJECT: LOCAL GOVERNMENT: DCA REFERENCE NO: Proposed Comprehensive Plan Amendment ORC City of Winter Springs, Seminole County 01-01 Dear Mr. Quinn: The Florida Department of Transportation has completed its review of the City of Winter Springs proposed Comprehensive Plan Amendment (LS-CPA-05~01), dated July 2001 as requested in your memorandum dated September 19, 2001. Since the actual land use does not alter the approved DR! land use and is an annexation of 49.55 acres by the City of Winter Springs from Seminole County; and since the transfer simply reflects the changes in land use categories between Seminole County and the City, the Department has no comments or concerns regarding this comprehensive plan amendment. If you have any questions or need further information, please contact me at (407) 482-7877. Sincerely, ~flIMr Brian R. Hutt, AICP Technical Applications Analyst FDOT District Five cc: Bob Romig, FDOT Central Office Fred Milch, ECF RPC Brenda Winningham, DCA Charles C. Carrington, City of Winter Springs Christie Elflein, Glatting Jackson J:\PLANNlNG\SYSPLN\COMPLANS\CITIES\ Winter Springs\OI-DI ORC Comments 9-01 www.dot.state.f1.us O:ii~l' l\i thl.' ~'Cr(.'tMY Oiii(l! (){ InlCrn.ltilln.11 Rd.llion5 DI\"i.:'il.,n of Ek'("tillOS Oi\"isi,\n of CorporJtion:; Oi; isi,\o ,If Cultur.11 ,.'ff.lirs Dl\'i~i("ln ("Ii Hi.:'lllri(.11 ReS(lUrces Oivi;;i,\n (If lit+rJry .,nJ 'nf,'rm.ltit1!1 S.,'r\'il.:l"S Di\"isit.1n tlf licensing . Oi\'j$j.,n of AJmjnbtr.lti\'~ $ervicl'S MEMBER OF THE F~~ABINET ~;;+ONS OF flORIDA DEPARTMENT OF STATE FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF HISTORICAL RESOURCES St.lte- Board of Education Tru.:'k\'~ (l( th~ Intem.,llmpro\'cment Trust Fund Administration Commission Fh,riJJ l.Jnd .,od WJt~r .-\,djudic.ltorv Commission 'Siling Boord Di\'isioo of Bond Fin.lnCl' Ol'P,utmcnt of Rc\'enue Dt.'p.utmcnt of lon,' Enforcement Dcr.lftm~nl of High\\'ay 5.1i~ty and ~fotor Vehicles Dl.:'partmt.'nt of Vctcrdns' Aff.,irs Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ~.{JtJ ~! i)\ / ~r " C'\! ~ @ ;, ': ~ i :~~~1j r,(ll'I.". ; ~\J i U-.' . I 1 September 28,2001 ~o w ~ ill 2001 RPM BS? PL~.N PROCESSING TEAM Re: Historic Preservation Review of the City of Winter Springs (OI-Dl) Comprehensive Plan Amendment Request (Received by DHR on 09/20/01) Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Winter Springs Comprehensive Plan. We have reviewed a proposed Future Land Use Map amendment regarding the Oviedo Marketplace DRl - Parcel 14 to consider the potential effects of this action on historic resources. A review of our files shows that this DRl was reviewed in the past, and detennined to have no effect on historic resources. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes) the State of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing known and potentially significant historical resources in Winter Springs. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staff at (850) 245-6333. . Sincerely, cYa.~ d. ~~~~~ t Janet Snyder Matthews, Ph.D., Director Division of Historical Resources JSM/smb } R.A. Gray Building · 500 South Bronaugh Street · Tallahassee, Florida 32399-0250 . hUp:/ /In\'\dlheritage.com o Director's Office 0 Archaeological Research tV Historic Preservation ':1 Historical Museums (850) 245-6300 . FAX: 2~5-6-I35 (850) 245-6+l~ . FAX: 2,\5-6-136 (850) 2~5-6333 . FAX: 2~5-6-I37 (550) 2~5-6-\(,'O . FAX: 2-15-6-133 o Palm Beach Regional Office 0 St. Augustine Regional Office 0 Tampa Regional Ofiice (56]) 279,)-175 . FAX: 279,1~76 (90~) 825-50-15 . FAX: 825-50~~ (813) 272-3B~3 . FAX: 272-23-10 MEMORANDUM TO: D. Ray Eubanks, FDCA. Planning Manager Brenda Winningham, FDCA. Corom. Program Administrator FROM: . Kimberly Neal ~ DATE: October 15, 2001 SUBJEcr: Comprehensive Plan Amendm~nt Review LOCAL GOVERNMENT: Wmter Springs LOCAL AMENDMENT #: LS-CPA-05-01 nCAAMENDMENT#: 01-Dl Council staff has completed a techniCal review of the above referenced comprehensive plan amendment. The review was conducted in accordance with the provisions of the East Central Florida Regioual Planning Council's current contract with the Florida Departritent of Corrimunity Affairs for Plan ~d Plcin Amendment Reviews. -," We h~ve not' identified any significant. and adverse effec.ts .on regional.. resources or facilities, nor .have. any extra jurisdictional impacts been. identified that .wou~d adv~ely' effect the ability of neighb~ring jurisdictions to implemen(their comprehensive.plans. . ~, .. The East Central Florida Regional Planning Council is available to assi~ in the resolution of any issues that should arise in the course of your review. II you should have any questions, please contact me at SunCom 334-1075 '1.327. Thankyou. .' cc: I..OCal GOvernment Contact 'Patricia Tyjeski, Senior Planner - .File . PLANNING DIVISION PLANNING AND DEVELOPMENT DEPARTMENT 24 October 2001 '.'? '" i':; 12' f ';"'.,:; ii.;;~ - Ms. Brenda Winnigham Community Program Administrator Florida Department of Community Affairs Di"vision of Resource Planning and Management Bureau of Local Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 '-I r'to con;'~;~""~I;I",!/~r.? 3p"" ~VE'/o. ~";\'Gs Otr1ent Subject: City of Winter Springs Plan Amendment for Parcel 14 - Amendment from Seminole County Planned Development to City of Winter Springs Mixed U~e (LS- CPA-OS-Ol) (DCA Ol-Dl) Dear Ms. Winningham: Staff has reviewed the subject plan amendment as depicted on the enclosed map and has no objections based on the following: 1. The applicant is not proposing any changes to the development program, phasing or other requirements of the original DRI development order. 2. Proposed uses are for retail/office (e.g., uses compatible with the Oviedo Marketplace master development plan on file with Seminole County). 3. Approximately 15 acres of Parcel 14 will be developed with the balance of the acreage dedicated to wetland and upland conservation. 4. No parking, building or other active uses will be located closer than 250 feet from the boundary between the project and adjacent residential uses. 5. Existing wetlands will be protected via a conservation easement placed over the wetlands at time of platting/site plan approval. 6. Existing wetlands will be further protected via an upland enhancement area located along the northern and western portions of Parcel 14 as depicted on Exhibit 5 of St Johns River Water Management District Permit Number 4-117-0231EM3-ERP, dated August 13, 1996. 1101 EAST FIRST STREET SANFORD Fl32771.146R TELEPHONE (407) 665-7]71 FAX (-l07) 665-7385 Brenda Winningham 24 October 2001 Page 2 of 2 Thank you for the opportunity to comment on this amendment. If you have any questions, please call me at SUNCOM 355-7371 or 407-665-7371. Sincerely, ~ UMjry {1-:tti:i::-- Tony MJtthews Principal Planner Enclosure cc: Charles Carrington, City of Winter Springs 1:\lm\projecls\Jand use amend\parcel 14_omp.doc // ,,/ / / Oviedo Marketplace Large-Scale Comprehensive Plan Amendment & DR! Map of Subject Property ":. ~. -.. . ." > ' . .... W .: :' " ." . . . ~ ... ", ,:-' ..::..-._..;..........._................--..,........~..........,_... "', ~ Parcel14 .j (49.55 Acres) :'~ '. i ':;-' / ~~ ..";..... ~ '. ~ ~ ~ "'. .... ..- ....'.~._\'\,~\ .........-r.: '.. ,'" ...', :....... ... .....:.. "~ ......... ....... )r~"; , <:.>~~\ .'\,....:;~ ....~.:::\\.. '\ 'f" /'. ".< ~ .-- .............. '......."'...... ...... ...... ""~. ...' .," / ./ / ",...,..'< .........'\.. .... ./ \ ,,( .... ~ '-"', ( \~ ..... ...................................:1' /, ,/"/ '. //...... :" '.... .. ...... ...........:....-........., . , ":.,....=.. .'.....-:...'" ".,'\, '...:=f><./.... ~ ...., .. :' ~ , ,....., !' : ~...,;' :::c.-;-).::~t: .\.~ <~;'. '/::i::.';-.:'.:::1...1 . ...,," ,..... : \...: ~....L..~. ..>~: :~". I ....~: '-]~s")\ ..!f]'~.I ., J 1.........1 ; t ~ : ~"\ ': 4 pO' ~ . ~n~ ~I