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HomeMy WebLinkAbout2001 08 13 Public Hearings C Second Reading - Oridinance 2001-45 Large Scale Comprehensive Plan Amendment COMMISSION AGENDA ITEM C Consent Informational Pu blic Hearing X Regular August 13, 2001 Meeting (v- -#- Mgr. / Attor / e Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission conduct a public hearing for the second reading of Ordinance (2001-45) to approve transmittal of a Large Scale Comprehensive Plan Amendment (LS-CPA-05-01) that would change the Future Land Use Map designation ofa 49. 55-acre property from "Planned Development" and "Conservation Overlay" (County) to "Mixed Use". The subject property is located on Dovera Drive, north of Red Bug Lake Road, within the Oviedo Marketplace Development of Regional Impact (DRI). PURPOSE: The purpose of this Agenda Item is to request the Commission conduct a public hearing for the second reading of Ordinance 2001-45, which would authorize staff to transmit the amendment to the Department of Community Affairs and subsequently change the property's Future Land Use Map designation if approved. 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 (DRI) are exempt from that requirement (section 163.3187 F.S.). CONSIDERA TIONS: · The property was in the unincorporated portion of the county until it was annexed in 1995. CDD/August 2,2001/3:13 PM August 13,2001 PUBLIC HEARING AGENDA ITEM C Page 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 2001 (amended and restated). · A City of Winter Springs Development Order specific to Parcel 14 (subject site) will be presented for City Commission approval concurrent with the land use amendment (see Regular Agenda Item A). No changes are being proposed to the development program, phasing or other requirements of the original DO. · 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 DRI 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 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 and will not cause the comprehensive plan to be internally inconsistent. 7. The proposed amendment will promote the public health, safety, welfare, economic order, and aesthetics of the City and the region. 8. The amendment is 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 DR! Development Order do not constitute a substantial deviation. CDD/August 2, 200113:13 PM August 13,2001 PUBLIC HEARING AGENDA ITEM C Page 3 11. On July 23, 2001, the City Commission considered and approved the first reading of Ordinance 2001-45. FISCAL IMPACT: None. IMPLEMENTATION SCHEDULE: The applicant has requested that the City ask DCA for an expedited review, based on the fact that the land use change requested is necessary to assign a City land use category to the property, and that the requested land use category is similar to the current County designation on the property. The review time would be 30 days, as opposed to 60 days. Based on the expedited review, the public hearing for second reading and adoption of this Ordinance would be scheduled for October. STAFF RECOMMENDATION: Staff recommends that the City Commission conduct a public hearing for second reading of Ordinance 2001-45 to approve transmittal of an amendment to the Future Land Use Map to DCA for expedited review. If approved, the current designation for this 49.55-acre property would be changed from (County) "Planned Development" and "Conservation Overlay" to (City) "Mixed Use". LOCAL PLANNING AGENCY RECOMMENDATION: At its June 6, 2001 regular meeting, the Local Planning Agency recommended the City Commission approve the change of Future Land Use Map designation of the subject property from (County) "Planned Development" and "Conservation overlay" to (City) "Mixed Use". ATTACHMENTS: A. Ordinance 2001-45 B. Local Planning Agency Agenda Item II.A C. Advertisement D. Map of Subject Property COMMISSION ACTION: CDD/August 2,2001/3:13 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 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" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERVATION OVERLAY" TO CITY OF WINTER SPRINGS "MIXED USE". 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 WHEREAS, the Local Planning Agency recommended the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-05-01) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the City Commission hefeby finds that this Ordinance is in the best interests of the public health, safety, and welfafe 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. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Compfehensive Planning and Land Development Regulations Act, Sections 163.184 and 163.187, Florida Statutes. Section 3. Purpose and Intent. Adopt the large scale comprehensive plan amendment (LS-CPA-05-01) pfedesignating the subject property from Seminole County FLUM "Planned Development" and "Conservation Overlay" to City of Winter Springs FLUM designation "Mixed Use" to allow the property owner to develop the property. Section 4. 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 5. Severability. If any 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 suc;:n holding shall not affect the validity of the remaining portions of this Ii ordinance. . / Section 6. Effective Date. The effective date of this ordinance sh " take effect upon notice by the Florida Department of Communit Affairs of its "Notice of Intent" to find the plan amendment consistent ith State Comprehensive Plan, the Regional Policy Plan, and th City's Comprehensive Plan. ADOPTED by the City Commission of the City of W7inter Springs, Florida, in a regular meeting assembled on the day of , 2001. / / / I I 1/ ATTEST: / I / / / Andrea Lorenzo-Luaces, City Clefkl I Approved as to legal form a ~CienCY for the City of Winter Springs nly Second Rea~ing: Effective Date: F:IDOCSICity of Winter SpringslOrdinanceslLarge Scale FLUM- OviedoI2001-45. wpd 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 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 P ARTICULARL Y LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERVATION 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-CPA-05-01) 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-05-0l) 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 163.3 1 87(l)(c)(4), Florida Statutes, and Section 9J-ll, 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. If any 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 shalI- 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 ofthe Comprehensi ve 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 shalI 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 -D.t.b day of Augus t , 200 I. Paul P. Partyka, Mayor ATTEST: zo-Luaces, City Clerk egal form and sufficiency for Springs only Anthony A. Garganese, City Attorney First Reading: July 23, 2001 Second Reading: Augus t 13, 2001 Effective Date: See Section 8. 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F=I ( A O-:OP.D ~ Qi=- 247.S7 . F"'..E1, MD A CHC;10 e::EAR..~ CF sourrl 27:OlS'22- WESt TO TIlE AFViU3AIO -. - - NCFlT1-!EAST CCfilolS OF i..ar 12 Ai.'lO' -n-:"E, POINT OF aEGINNING. . rrlc A3()'/E c:esOUSEJ rrlACi CF tAND L.:S;N savnNOl;E Cct.'mY, F-ORrCA AND c;N:I'~S. ~.551 Ac:lE.5. MeRE eR L=S. '. . . EXHIBIT Ik cX::o/ - ifS- Ciry of Wz',,~,. Sp,.ingr - Oviedo Markt:rp{cU. Comp,.ehtnsive Plan Amuuimenc March 2001 ~ .ReCe..;...ved: 7/19/01 2:40PM; 4079751276 .> BROWN.W~RO.SALZMAN&WEISS.PA; Page 2 . JUL. 19.2001 1:45PM 'SRoWE NO. 226 P,2 ~ City of Winter Springs ~ . Oviedo Marketplace DR' - Parcel 14 I I ' '1 ~-..l'/."~.'/./. \-l;'-~"\, ;_~_"...v / ,"-", .! (.-- \. ,'.';- "'r .. .l:.,.~ .., I , ',' . ,'-I~ -\, /. u t... ,_'~'.'~-\:_>< ',,: .....' /';' ''-- ,'_' -.:...-....:.1- ~ .-.....:. j' \ ,) ........~~..>.;.. .... j. /,<.:--rlJ1)"t (<~/~~.' '-.' . ".i... \ " ....J... ,';.'-:.:~."'...:,__/. .) !-./ .. __. ....\~\ '.' " ,':'./ '~':'J "'.' 'C- -' ... .-, ...... i :'" .../,' '.. . '. ' I I ,. . f. '4 ' " "'_ ' !. I />:~::/l" ....~>/2/.~: .. ~. ' ':;~.~<~<~r'?- '.' '/:.---~7_...t~:.t..>'/'-") f", '.: .;, ,,''''\ /' ." _", \ , .,. . ,v:-) ".) > \....).. ") . / "". / I ,- - 'r'. '..'-'" :r/ ... \., --- ~\ ... ~/, ! 1/";>-\\- \-,";' ..,l,\. ,,,"~:-::...\ (,,';(,:,"\. ~/ . . ~.. /'~'." , . -\,.," . ..\ .. -,. " : \', \ ... \'. \ I , . -. ,. ,:.> \ , .-, :: . I.' ; \ /0 '. . \\ I I - -.' I .: .", \ .".. '_.',',;'.:'. .. i' . I; \' .-., ..\:' .'.. ("\ . ,""\ .", ". ~ I I . 4 .. :..J .:." . (,.. ""'" i ,\.! :. '" ':\':' 0&-1; , ". .l. " "I _. L "'''' \ . 1iA~____' '. . I.......,. .....,: I I . .... ....~ / , / ,. \ \ .: ; /. ~C~.st~ .I \- \ I.... .", I / " , '. '. .-..... . /\ "',: :, / ..;./-.: / /. : "i"'~\\ \~. .....J \ ,/ \. .' , ., . I' '. : " ,. i , . '. .~. \. _.' . i,.',' / I r< '. ~ "::~')I"'\ -.-.~J ~':"~i,ll --\) ,I '., c--:..,::'.- . I " ,,- "-'" , ".",,-;..,~ ....!..---.. i - \ r _...! . '" ! ) 1 I' , ; ( ',' ~ I L--I ' ("'iJIiI:~ ,.. "'. I"",.; i !~ -'-"-; ,.... .. .......... i l <'~__L.. . '. '; '-'. ~. 1.-, : Lj~i ~~~'--'-J -,-:..._.~ !...,. --', '-. -! _. 1... , I L.. _..~ \.~ ! ~ ---i 'i ' '.-Ljr- ~ }~.~ ,.,J_ _. '1-'- .t---:..!----i.! . --"') I'. '. I I :.... ;--1 I I _.1 . X';~ C' -~ '-1- f~ ~ :..._ . --,-I-L.LI / i j I ./, ,~'~r-- 11 ~ '-, ,.' --l' I ~ . I. I I ....,' I J1:1 -'?-- i' I, L" __'-- _.l ,/ ...._,. .. -' \../ :-.-..... . , ,........ ., '. \ I I I I , : j \-~ '\ ...... \0. . \ t "'. .. .._~ . . '.. I ; .. 'I ". ..-!- -- ! ,,'\ ,./., ,.. I ..... .... \. ".;- _. ;'" I I.: (.... ." . . __l. ... ' , j r J.,_i.' '\.-0' -! I I ' ' - .' \ / r-" . . r' t. ,j' -":' \~ -{....~. .., .... \ ..i !- j I .' ~. ~_. :._ ~ <":.' .,! r-l-~ I I I . l "- I ; I , ,!,. ....\ \ \ .; I . '. . . . ': . \ . '. . '-' '<. I J ,,, .. . l" '.1 I ~,...., i ~'..." ;' : .1._'/ _! ""\. '\ . .,~1,. ~ I.t .. 0(,: r . \ ' I ,,'1. ,. I , .,i \ ; t' ".. j' ,.. I I ,-1 I . I I '-. i /.' I ii, I ii, ,..' . . ~ .. ~'" , I .,-.1 i , I I 1-' ' . II ~ t. ....,. ,"/P':.. .\.. !. .-' J I ' I L -.. ~ I ..: ! '. ~ , : , . .1 i " .._~.. . . .,.... i l,! I ! , , 1 ,': I I .: ! i .; . , ! 'J i Source: Seminole Coun . Aprfl 2001 General Location /::V. City of Winter Springs Municipal Boundary , \~ ~ Subject Site ,", : Streets . '. .. Water Features EXHIBIT i Pt. :I ~/-~S / / I i'~~.::. "'T . :'. ".1.1._ .' r'.". ';. "; < J ..',..1 r i rl' ..j f... .\ I '\ .. i , 'I t I ' '- '.". '''j . :-: - . I I ~- ; f'--"~' .' I . -. ~\ \.' .\ \.. \ . I ~ 0;5 N o 0.5 Miles :J _~ LAND DESI(jl'JINl'lOVA~ -.ITL 1 S, l..ool:out Plaa. $oJ/f. ZOO /"IaNla"rJ. ~l.. 'Z7S' 407.175.lm ATTACHMENTB PLANNING AND ZONING BOARD REGULAR AGENDA ITEM June 6, 2001 A. OVIEDO MARKETPLACE DRI LARGE SCALE COMPREHENSIVE PLAN AMENDMENT (LS- CPA-05-01) AND ADOPTION OF DEVELOPMENT ORDER 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 (DRC) review the application and submit a recommendation to the Land Planning Agency, which in Winter Springs is the Planning and Zoning Board. TIle 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 '\ 2001 and recommended approval of the request. DR! 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 IVlarketplace 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. 1 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 Mix:ed-Use (City designation). In conjunction with the land use map amendment, the applicant has submitted a DRI Development Order for Parcel 14, to be adopted by the City of Winter Springs. The proposed development order is based on the DRI development order adopted by Seminole County. C. Purpose: The purpose of the request is to assign a City land use category to the site, similar to the current Seminole County Planned Development designation, to allow the development of the site consistent with the approved DR1 Development Order. The purpose of the adoption of a revised Development Order is to require compliance with City standards, wherever it states County standards. The development order contains the approved land use schedule, which will remain unchanged. D. Site Information: 1. Parcel Number - 17-21-31-300-001H-OOOO 2. Acreage - 49.55 acres 3. General Location - The site is located on Dovera Drive, near the intersection of Red Bug Lake Road and the Greene Way. The site corresponds to Parcel 14 of the Oviedo Marketplace DR!. 4. Legal Description - See attachment C 5. Chronology of Subject Property - The subject property is part of the Oviedo Marketplace Development of Regional Impact approved in 1988. The DRI is currently located in three jurisdictions, the City of Oviedo, the City of Winter Springs, and Seminole County. When tllis site (parcel 14) was annexed into the City of Winter Springs in 1995, a Future Land Use category was not assign~d to the property, and a DRI Development Order was not adopted by the City. 111 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, I 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 Vacan t PUD (sC) PD, Cons. Overlay (SC) North SF Residential .X~Q...0.Y.?2.__________ _}~!?-!3:..0..~~2___.___...______._____ ____.....R.W...._..w............... ........_...........R.W_.R............__....__......___........_.____...__...._____. South Commercial __~.~Rj~~)_._.__.._____ __!?R..i~_9..__._______________._._________. -------..............--..--........... .............._...._._..............H..........._........._......n___..........._......__........_........._. East Vacant & Commercial ...!:.~LQ_i~.f..~gL.... HIP {SC) ..--.-.,.......__..........__._._._......___.........__......_....__......__.M......".__.. .__._.....n......_ .......................__..........__......H._.............__..............._... Wetlands .__r_~.Qj2L.__.__._.__._._ __~.<?~sc:~~!ion (?l___.____.____ ____...._......H.H......_....... ........._......__...............____.______.M....__.............._......____.............. West FPI. Easement SF H.esid. R-1A (SC) I.DR (SC) (WS) Winter 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 mLX of retail and office development on the site, and leaving more than half of the property as open space. rn1e 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 3m. However, no residents attended the meeting. II. ANALYSIS A. Future Land Use Element/Map: The applicant is requesting MIXED USE land use designation for the entire site. 111e site is currently shown as Planned Development and Conservation Overlay in the County's Future Land Use Map. The proposed Mixed Use designation would allow the applicant to later rezone the property to a City zoning district designation. The applicant has noted that they will be requesting rezoning to PUD as soon as the comprehensive plan amendment is adopted and. effective. The purpose of the Mixed Use land use classification as stated in the City's comprehensive Plan is to allow flexibility and efficiency to development design. The City of Winter Springs does not have a Conservation Overlay land use category. It only has the traditional Conservation land use. The purpose for requesting Mixed Use without Conservation is to be able to use the acreage of the wetland area to provide sufficient acreage of Open Space to meet the standards of the Mixed Use designation. Policy 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 wetland areas were designated as Conservation, the applicant would be allowed to develop only 50% of the reminder of the site as retail/office, and would be required to provide an additional 20% of the mixed-use portion of the property for open space use. Staff recognizes that this requirement would be excessive given that the approved DRI master development plan already shows that more than 50(Yo of the entire property will be preserved for open space. The Development Order and master development plan (Map H) already provide sufficient protection for the environmentally sensitive areas. 3 P&z Board Meeting - June 6, 2001 Large Scale Comprehensive Plan Amendment - Oviedo Marketplace Goal 1 of the Future Land Use Element states "To ensure that the culmination of a City to remain predominantly a residential component of the Orlando metropolitan area is guided to protect the quality of life by defining the perimeters of residential, conservation, mixed use, and commercial lands with spatial buffers so each use may function optimally". The subject site will abut residential areas to the north and west. However, tlle adopted Map I-I, which is the Master Development Plan for the entire Oviedo Marketplace DIU, shows approximately 34 acres adjacent to the residential uses as wetland/upland conservation areas. ~nle proposed Map H2, a Master Development Plan specific to the DIU area within tlle 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. 11lerefore, tlle proposed land use for the subject site, in conjunction with tlle Development Order and Map H, is consistent with the goals and objectives of tlle Future Land Use Element and will not have a detrimental effect on the adjacent land uses. B. DRI Development Order The applicant has submitted a proposed Development Order and Master Development Plan for Parcel 14, consistent witll the overall DIU development order and development plan approved by Seminole County. Tne applicant is requesting approval and adoption by tlle City Commission. The development plan is as follows: Land Use Acres '/';, 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 proportionate share for intersection imp~ovet;nent study. This requirement was already taken care of by the developer. · S.R 434 a1ld S.R 426: Prior to 3a, the developer will be required to extend Division Street from Michelle Hammock Road to CR. 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 L l'NX 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 - · Sa1lita~y SelJJer a1ld Potable U7ater: 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 l17aste: No hazardous wastes are expected. However, the Development Order states "tl1e Developer shall prepare and submit a Draft Hazardous Materials J\1anagement 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. · Sto!71IJJJater Ma1lagement: The DR! 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 tl1e subject site will meet the standards of FDEP, SJRM\X1D and the LOS established by the City. 3. Recreation and Open Space - The proposed development does not include a residential component. Therefore, there is not a requirement for recreational facilities. The development, however, will provide approximately 34 acres (over 50% of the site) of open space, to be preserved through a conservation easement dedicated to the DCDD. 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. 5 P&Z Board Meeting - June 6, 2001 Large Scale Comprehensive Plan Amendment - Oviedo Marketplace D. Nuisance Potential Of Proposed Use To Surrounding Land Uses: The development of the site under the Mixed Use land use designation will not have an adverse impact on the surrounding properties. The City's Comprehensive Plan requires a minimum buffer of 25 feet between adjacent residential and commercial uses. However, a Settlement Agreement (August 1995) between the City of Oviedo, the City of Winter Springs and the owner of the Oviedo Marketplace property, requires that development, including roads, parking, buildings and active uses, be located no closer than 250 feet from the boundary between the project and adjacent residential uses. There are also restrictions on building height, and the provision of a wall where existing natural vegetation does not exist along the boundary. As noted above, over 50o;{) 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 tl1e 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 tl1e 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 developmen t. 2. Topography - The site is generally flat, with a variation of 5 feet between the lowest and highest grades. 3. Flood Prone Areas - The subject site is not within the 1 DO-year flood prone area. 4. Natural Resources - The developer will be required to protect tl1e 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 otl1er 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 notitied. 6. Historic/Archaeological Resources - There are no known significant historical or archaeological resources located on the site. 6 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. TIle 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 sufticient by DCA on March 26, 1999). to. 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 (\Vinter Springs), and the adoption of the proposed DIU development order, which contains specific development requirements for Parcel 14. V. ATTACHMENTS A. Maps B. Legal Description C. Application D. Seminole County Development Order E. Proposed Winter Springs Development Order 7 ATTACHMENT C 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 Al\ifENDMENT RE,FElU:<:'NCED AS LS-CP A- 05-01 PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN lU:!:.AL PROPERTY \,lITI":TlN THE CITY OF WINTER SPRINGS GENERALLY DESCIUBED AS A . 49.55 ACRE TRACT LOCATED ON DOVERA DRIVE, NORTH OF RED BUG LAKE ROAD, WITHIN THE OVIEDO MARKETPLACE PROJECT, MORE PARTICULAIU~Y LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "PLANNED DEVELOPMENT" AND "CONSERVATION OVElU:'A Y" TO CITY OF WINTER SPRINGS "MIXED USE". A public hearing on the second reading of proposed Ordinance 2001-45 will be held on August 13, 2001 at 6:30 p.m. at the Commission Chambers, City of Winter Springs City I-Tall, 1126 East State Road 434, Winter Springs, Florida. Interested parties may appear at the meeting and be heard regarding this amendment. The proposed amendment may be inspected by interested parties between 8 am and 5 pm, 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 D ........ Office '~ , Notes: (J) Iadalb. tall. IrDWtDomco. C!DbI ~ IIcIIpbI. 'Iho om:.CIClIIIplIIXd wtd:Qhrcd'Zlwm...c ..... (:::J)'IhocuctJacadc. ~wc:dcldIlO la-.e4IB PIrm' tilDIId.fm.I.pbaat:rc_;amtld:Da.b.IlO~_ bCIIalpc1rdGlOClCdLD-=- (3)At.d,*~ISIIIIh.a-.be.~ ~,.,.n..II:lIIb:h..tIOc:t.lpiI~l u..:w.._23-32.r..llb1" lJ.1IIlS21-p.___ _1IIDI~.a.1DIIIlt:L ~ I!~l Legend -...- Seminole County 1urisdiction .....u.. """"" ~ -..- City of Oviedo 1wisdiction ~ City ofWmter Springs 1wisdiction k::::::::::::::::::::::1 Wetland Conservation Area om.. - ......... _. w..... , "-Ii ~ TOr... oviedomarket "'-WI......, E8 I\...J.:'-":t .