HomeMy WebLinkAbout2001 07 23 Regular A Oviedo Marketplace DRI
COMMISSION AGENDA
ITEM A
Consent
Informational
Pu blic Hearing
Regular X
July 23, 2001
Meeting
ur/
Mgr. I Altor I ~i!!.
Authorization
REQUEST:
The Community Development Department 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.
PURPOSE:
The purpose of this Agenda Item is to request the Commission adopt the proposed City of Winter
Springs - Oviedo Marketplace Development Order, since Parcel 14 of the DRI is now located within
the City limits 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 Seminole
County Deyelopment Order. This request is being submitted in conjunction with a request for a land
use map amendment for the same parcel (Public Heari.ng Agenda Item C, Ordinance 2001-45).
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statutes Section 380.06(19) states that any proposed change to a previously approyed
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 deyiation and shall cause the development to be subject to further
deyelopment-of-regional-impact reyiew. The applicant is proposing to amend the original Oyiedo
Marketplace DR! deyelopment 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 DO. Therefore, the proposed change does not constitute a substantial deviation. The
CDD/July 13,2001110:59 AM
July 23, 2001
REGULAR AGENDA ITEM A
Page 2
City Commission is required to take separate actions for the adoption of the Comprehensive Plan
amendment and the DRI Development Order.
CONSIDERA TIONS:
· The property was in the unincorporated portion of the county until it was annexed in 1995.
· 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).
· The applicant is not proposing any changes to the development program, phasing or other
requirements of the original DO.
· The proposed development order is consistent and is not replacing the Settlement Agreement
between the City of Oviedo, the City of Winter Springs and the owner of the Oviedo Marketplace
property (August 1995).
· A request for land use map amendment is being processed concurrent with the Development
Order approval request (see Public Hearing Agenda Item C).
FINDINGS:
1. The proposed changes to the DR! Development Order do not constitute a substantial deviation.
2. The proposed 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.
3. The proposed development order will not diminish the adopted level of service of public facilities.
4. Based on the master development plan (Map H), there will not be a negative impact on the
environment and natural resources on the site.
5. The County will proyide water and sewer service to the subject site. The City will be able to
provide all other public services to the deyelopment.
6. The uses shown on the master development plan (Map H) are consistent with the surrounding
existing development and future land use.
7. The proposed development order will promote the public health, safety, welfare, economic order,
and aesthetics of the City and the region.
8. The deyelopment order 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.
COD/July 13,2001/10:59 AM
July 23, 2001
REGULAR AGENDA ITEM A
Page 3
FISCAL IMP ACT:
None.
IMPLEMENTATION SCHEDULE:
Implementation of the proposed development shall be contingent upon DCA's approval of the
proposed comprehensive plan amendment.
STAFF RECOMMENDATION:
Staff recommends the City Commission adopt the proposed City of Winter Springs - Oviedo
Marketplace Deyelopment Order, since Parcel 14 of the DRI is now located within the City limits and
is subject to City rules and regulations, in addition to the regulations contained in the County
development order.
LOCAL PLANNING AGENCY RECOMMENDATION:
The Local Planning Agency at its June 6,2001 meeting recommended the City Commission approve
the proposed development order subject to conditions. Those conditions have already been addressed
by the applicant as follows:
1. 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 fiye years. The
Florida Game and Fresh Water Commission has determined that the restrictions relating to the
nest no longer apply.
2. Housing: The DO states that the Deyeloper has submitted a Housing Study demonstrating that
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.
3. Transportation: Staff has reviewed and approved the traffic studies submitted.
4. Utilities: Staff has reviewed and approved the water, sewer and solid waste projections.
ATTACHMENTS:
A. Development Order
CDD/July 13,2001110:59 AM
July 23, 2001
REGULAR AGENDA ITEM A
Page 4
B. Local Planning Agency Agenda Item II. A
C. Map of Subject Property
COMMISSION ACTION:
CDD/July 13, 2001/11 :41 AM
ATTACHMENT A
THIS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Patrick K. Rinka, Esquire
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 North Eola Drive
Post Office Box 2809
Orlando, FL 32802-2809
(407) 843-4600
FOR RECORDING DEPARTMENT USE ONLY
CITY OF WINTER SPRINGS
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, to protect
the natural resources and environment of the state, facilitate orderly and well planned development, and protect the
health, welfare, safety and quality oflife 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 existi~g 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
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WHEREAS, DLI Properties, Inc., a Florida corporation, filed an original Application for Development
Approval entitled the "DLI Properties ADA" dated July 15, 1"988 and additional information dated October 3, 1988
and December 12, 1988 (hereinafter together referred to as the "Original ADA") with Seminole County; and
\V.HEREAS, Seminole County (hereinafter'sometimes referred to as the "County") issued a development
order in connection with the Original ADA dated March 10, 1990, and recorded March 20, 1990, in Official Records
Book 2162,. Page 1612, Public Records of Seminole County, Florida (hereinafter referred to as the "Original
Development Order"); and
WHEREAS, the Project as described in the Original ADA was modified in connection with the filing of a
Notification of Proposed Change in 1993 and pursuant to which the County issued the First Amendment to
Development Order dated June 2, 1993' and recorded June 30, 1993 in Official Records Book 2608, Page 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 shalI
hereinafter be referred to as the "Oviedo Marketplace Project" or the "Project"); and
WHEREAS, The Viera Company, a Florida corporation (hereinafter referred to as the "Developer") whose
address is Post Office Box 257, Oviedo, Florida 32765 is the successor in interest to DLI Properties, Inc. and had the
authority to and did seek a substantial deviation of the First Development Order with respect to the Project on the
. Seminole County Property, all in accordance with Section 380.06( 19), Florida Statutes; and
WHEREAS, the County issued a Substantial Deviation Development Order for Oviedo Crossing dated
September 1995 and recorded October 27, 1995 in Onicial Records Book 2985, Pagc 1730, as amended and
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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 (fonnerly 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
, 2001 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 1610, 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
, 200 I' 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
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OO'J771\(,20X 1\11 '15'J2X I \'2
WHEREAS, selected modifications have been made herein to the County Substantial deviation
Development Order for purposes of (i) conforming the County Substantial Deviation Development Order to the
requirements of the City of Winter Springs as the applicable government of jurisdiction; (ii) to address the matters
applicable to that portion of the Project located in the City of Winter Springs; and (iii) such other matters as
particularly set forth herein; and
WHEREAS, the signatory below is an authorized officer of the Developer;
NOW, THEREFORE, it is hereby ordered and resolved by. the City 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 terms and conditions to which the Developer
agrees:
SECTION I. RECITALS
The above recitals are true and correct and form a material part of this Development Order.
SECTION II. FINDINGS OF FACT
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 (formerly known as the Oviedo
Crossing Project) pursuant to Section 380.06, Florida Statutes, relating to the Property. In December 1994, the
Developer filed a First Sufficiency Response. The Application for Development Approval and First Sufficiency
Response are incorporated herein by reference.
2. Seminole County has issued the County Substantial Deviation Development Order applicable to
the Project.
3. The Developer has annexed into the City of Winter Springs that portion of the Project described
on Exhibit" A" attached hereto. The property annexed into the City 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.
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4. In May 200 I, the Developer filed a Notification of a Proposed Change to a Previously Approved
DevelQpment 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
(f) Technical Memorandum - Oviedo Crossing Access to State Road 426 dated May 1995;
and
(g) Notification of a Proposed Change dated August 1997; and
(h) Notification of a Proposed Change dated April, 1998; and
(i) Notification of a Proposed Change dated August, 1999.
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OO<J77 I \(,20X I \/1'15<J2X I \'2
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 "B"). Selected
modifications have been made herein to the County Substantial Deviation Development Order to accomplish the
foregoing purpose.
13. All public hearings as required by Section 380.06, Florida Statutes, 'have been duly n.oticed and
held.
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14. The Developer has submitted to the City of Winter Springs a proposed amendment to the City of
Winter Springs Comprehensive Plan to include the Property in the Future Land Use Map of the City of Winter
Springs Comprehensive Plan designating Parcel 14 for the Mixed Use land use category.
15. The proposed development consists of the following:
SUMMARY OF APPROVED/PROPOSED DEVELOPMENT
Oviedo Marketplace
Retail Services/Office
419,000 SF
46.0
1,750
240
Hospital (4)
o to 120 Beds
Residential
4DU
1.3
N/A
Note:
(1) 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.
(5) The development program set forth in the tables above and below relate to the entire DRI Project. Phase 3
includes areas outside of the City of Winter Springs.
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Retail Services/Office
1,909,197 SF
126,800 SF
104,981 SF
o to 120 Beds
176.5
HospitaVOffice
12.9
15.6
10,950
600
650
240
Office
Residential
4 DU
1.3
48.6
89.3
20.2
36.0
30.8
Storm water Ponds/Borrow Pits
Wetland Conservation
Canals and Canal Easements
Open Space
Right-of- Way
TOTAL
431.2
12,440
(a) Estimated Total Gross Daily Trip Ends
(i) Phase I - 23,420 ADT
(ii) Phase 2 - 43,502 ADT
(iii) Phase 3 - 26,632 ADT
TOTAL 93,554 ADT
Estimated Total Net External Daily Trips Ends (including capture) 82,341 ADT
(b) Water supply provided by Seminole County
(c) Wastewater service provided by Seminole County
(d) Solid waste disposal provided by Seminole County
(e) Fire and police protection provided by the City of 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 "e" attached hereto and incorporated herein by this reference (the
"Equivalency Matrix"). At least thirty (30) days before the Developer proposes to make an allowable land use
locational exchange betwcen approved office use and retail use pursuant to the Equivalency Matrix, the Developer
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shall notify the City of Winter Springs, the City of Oviedo, Seminole County, the East Central Florida Regional
Planning Council and the Florida Department of Community Affairs of said election and provide each party with
cumulative information concerning any such exchanges to date and confirmation that office uses and retail uses have
not exceeded the maximum allowable by phase and cumulatively for each use. In addition, the 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
Retail/Office
14
\5.\
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: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc.
July 1999
SECTION III. CONCLUSIONS OF LA W
Based upon the Findings of Fact and the Conditions of Approval hereinafter set forth, the City Commission
of the City of Winter Springs makes the following Conclusions of Law:
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I. 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 I, Phase 2 and Phase 3 of the Project.
SECTION IV. TERMS AND CONDITIONS OF DEVELOPMENT RECOMMENDED
BY THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
I. General Conditions.
(a) Development of Phases I a and 1 b of the Oviedo Marketplace Project was previously
app~oved 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 la and Ib 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 1195-0008 issued by Seminole County. Specifically: As to Phase 2, the Developer recognizes that an
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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, th"e unpaid portions of Phase 2 shall be subject to meeting the
requirements of Seminole County's Concurrency Management System prior to issuance of any further Development
Orders or permits by the County for such continued development.
As to Phase 3, following issuance 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 permits by the City of Winter Springs
for such continued development.
(d) As to the development of that portion of Phase 3 of the Oviedo Marketplace Project
contained in the City of Winter Springs, the transportation improvements contemplated in Section IV, Paragraph 15
of this Development Order are sufficient to meet the concurrency requirements of the Land Development Code of
the City of Winter Springs.
Prior to initiation of any construction activity within Phase 3, the Developer shall conduct traffic
monitoring and modeling and potable water/sanitary sewer demand and hydraulic evaluations for the cumulative
completed development at that time. Such studies, including results, recommendations and updated projections of
Phase 3 impacts shall be submitted to the City of Wintcr Springs. The City of Winter Springs acknowledges rcceipt
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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 th~ harming, pursuit or harassment of wildlife species classified as endangered,
threatened or a species of special concern by either the state or federal government in contravention of applicable
state or federal laws. Should such species be determined to be residing on, or be otherwise significantly dependent
upon, the Project site, the Developer shall cease all activities which might negatively affect that individual or
population and immediately notify the Florida Game and Fresh Water Fish Commission, the United States Fish and
Wildlife Service, the DCA, the ECFRPC 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 "harm" and "harass" respectively are defined in 50 CFR Section 17.3. Any
management plan for any species classified as endangered, threatened or as a species of special concern by the state
or federal government which may be identified on the Property shall be incorporated with this Development Order
upon approval by the above agencies.
4. Gopher Tortoise Protection. Mitigation of gopher tortoise impacts has heretofore been
accomplished by relocation to another site in a manner that is acceptable to the Florida Game and Fresh Water Fish
Commission and consistent with their applicable guidelines. Said plan is embodied in that certain Gopher Tortoise
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Relocation Agreement between A. Duda & Sons, Inc. and the St. Johns River Water ManagementDistrict dated
'November 13, 1991, which is incorporated herein by reference.
5. Eagle Management Plan. The conditions set forth in Section 1[, 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 po~able water otherwise complies with all applicable government restrictions.
7. Irrigation. Irrigation shall be performed in accordance with applicable Seminole County, City of
Winter Springs or City of Oviedo (whichever local government is applicable) ordinances and policies and the
Florida Department of Environmental Protection and the St. Johns River Water Management District rules and
regulations.
8. Surface Water Management System. In order to assure the accomplishment of the intended
objectives of the proposed stormwatermanagement program and compliance with the objectives set forth in Chapter
29-f-19.001, r-Iorida Administrative Code, the Dovera Community Dcvelopmcllt District ("COD") has been Formed
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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 COD shall be responsible for all applicable permit conditions imposed with respect to the surface
water management system by the St. Johns River Water Management District. This inspection and maintenance
program shall include, but not necessarily be limited to:
(a) Stormwater 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 storm water management facilities, the removal of noxious weeds and retention of desirable aquatic
vegetation, and correct pro.cedures 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
dctcrffi incs that the Draft Hazardous Material. Management Plan meets the following criteria: Assures the
JiI
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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 shall be included
in this Development Order by amendment, which am'endment 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 materiaVwastes. 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 ~pproval by
FDEP prior to the time that the amendment is proposed.
II. Natural Resources. The air quality condition set forth in paragraph 4 (a) of the Original
Development Order is hereby incorporated by reference in totality provided that the reference to the ADA shall be
deemed to refer to the information, data, plans and commitments contained in the documents referenced in Section II
paragraph five (5) of this Development Order.
12. Transportation: Proiect Phasing. For the purpose of the transportation conditions, the total Oviedo
Marketplace DRI shall be divided into and limited to the following phases, based upon peak hour trip ends or total
average daily trip ends (based upon the current ITE Trip Generation manual), whichever comes first.
15
OO')77I\(,20X 1 \11'1 5')2 X 1\'2
la& Ib 2,002 2,002 23,420 23,420 (I)
(existing & approved)
2 (2002) 4,060 6,062 43,502 66,922 (2)
(includes mall)
3a (2005) 1,482 7,544 17,410 84,332
3b (2005) 856 8,400 9,222 93,554
(I) The estimated net external daily trip ends for Phase I 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 ECFR.PC, the City of
Oviedo, Seminole County, City of Winter Springs, Orange County, the Florida Department of Transportation
("FOOT"), 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 DR! 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 Projccl. The facilities to be monitored/modeled for Phase 3
16
OO')?7/ \(,:WX I \lIiI5')2X I \'2
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 Monitoring/Modeling 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 (Soulh)
Site Entrance (South) to Site Entrance
Geneva Drive (CR 426)
CR 419 to Lockwood Road
Lockwood Road 10 Seminole Woods Boulevard
17
()()<J771 \(,:WI\ I \11'15<)21\ 1 v2
Mitchell Hammock Road
Aloma Avenue (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 Tuskawilla Road
CR419
SR 434 to Lockwood Road
Lockwood Road to Old Chuluota Road
Semoran Boulevard (SR 436)
University Boulevard to Aloma A venue (SR 426)
Aloma A venue (SR 426) to Howell Branch Road
Howell 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
Howell Branch Road to Dike Road
Dike Road to Red Bug Lake Road
Tuskawilla Road
Aloma A venue (SR 426) to Dike Road
Dike Road to Red Bug Lake Road
Red Bug Lake Road to Lake Drive
Lake Drive to Winter Springs Boulevard
Winter Springs Boulevard to SR 434
Lockwood Road
McCulloch Road to Seminole Creek Drive
Seminole Creek Drive to Little Econ River
Little Econ River to Mitchell Hammock Road
Mitchell Hammock Road to CR 419
CR 419 to CR 426
McCulloch Road
SR 434 to Lockwood Road
()()'J771 \(I~()X I \/I'l5'J2X I \"2
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 Avenue
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 McCulloch Road
McCulloch 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 A venue (SR 426) to GreeneWay
GreeneWay to Tuskawilla Road
Tuskawilla Road to CR 419
CR419 to US 17-92
US 17-92 to CR 427
University Boulevard
SR 436 to Goldenrod Road (SR 551)
Goldenrod Road (SR551) to
Econlockhatchee Trail
Econlockhatchee Trail to GreeneWay
GreeneWay to Dean Road
Dean Road to Rouse Road
Rouse Road to Alafaya Trail (SR434)
1.(3
In the event that a roadway widening is identified which is not compatible with adopted policy of the
FOOT or local government (for example, because it has been designated as a constrained facility) the Developer,
Seminole County 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 monitoringlmo~eling 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 sub phase 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 otl!cr provision of this Dcvclopmcnt Ordcr to imposc upon SCll1 inolc County, thc City of Ovicdo or thc City
19
(J(J')77I\(,2(Jl{ I \11 ,15<J2X I v 2
of Winter Springs any obligation to fund or construct or to provide any public facilities to or for the Developer upon
which the development of the Project may depend. Further, this condition is intended to avoid the conflict of
simultaneously applying the differing standards of the aforesaid 5% (9J-2.045, F.A.C.) rule and Seminole County's,
the City of Oviedo's or the City of Winter Springs' concurrency management systems. Should the provisions of this
Development Order give direction that prevents compliance with Seminole County's, the City of Oviedo's or the
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, DRl Annual Reports
shall include documentation that the applicable level of service requirements are being met. Such documentation
shall include current roadway LOS (may be obtained from latest concurrency management system data of Seminole
County and/or 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 - Widcn to 4 lanes from thc Ovicdo City limits to Sccond Strcet (year 2002).
20
()()'J771\(.:WX 1\/f'15'J2X I 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 Tuskawilla 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 No/IOO 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 improvcments or mitigation are rcquircd as a result of background traffic and Project traffic
prior to commenccmcnt of Phase 3b:
~ 1.
()()') 77 I \(,2()X I \11 'I :i<J2X I v 2
(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 fonn satisfactory to Seminole County, the City of Oviedo or the City of Winter Springs
which requires construction to occur during the applicable phase and must be in accordance with the requirements of
applicable law, and must otherwise comply with the requirements of the Seminole County, City of Oviedo or City of
Winter Springs Comprehensive Plan, or (ii) any alternative agreed upon by Seminole County or the City of Oviedo.
or the City of Winter Springs, the ECFRPC, the DCA and the Developer and incorporated into the Development
Order by amendment.
17. Transportation: FOOT Agreement. In the event that the monitoring/modeling results as set forth
III 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 J
22
00<)771 \(,20X I \II '15')2X I v2
and s~bject 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 FOOT shall enter into an agreement which ensures that a
proportionate share contribution is made to the FOOT for Project impacts to State roads. The geographical limits of
state roads subject to this condition shall be determined by the FOOT 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:
DR/Trips XC
ost
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 91-2.045(6), F.A.C. and Section 3 80.06( 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 91-2.025 to the City of Wintcr Springs, the City of Oviedo and
Seminole County. In addition, the annual report shall include turning movemcnt counts at Project entrances and the
23
(1(1')771 1(,20X 1 1/1 '15')2X 1 \'2
cumulative external traffic being generated by the Project, either by actual count or through utilization of the most
current edition of th'e 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. Furthennore, 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 pedestrian
walkways shall be constructed on land other than the Property. On-site bikeways shall be connected at Project
entrances with external bicycle systems (if any) and will be provided in accordance with the current State, Seminole
County and City of Winter Springs standards at the time of implementation. Appropriate signage identifying bike
routes will be installed. The provision of bike lockers shall be required for the mall and showers for employees
strongly encouraged.
(b) Special attention shall be given to the provision of a bicycle connection from the mall to
the CSX railroad right-of-way. The CSX has announced that it will abandon this right-of-way and the state and
adjacent local governments have expresses! interest in acquiring this right-of-way for a Rails-to-Trails project. The
24
OO(J771 \(,20X I \/1'1 5<)2 X I ,,2
Developer shall participate in any planning process initiated by the Metropolitan Planning Organization or local
government regarding this potential Rails-to-Trails project.
2 I. Ridesharing Program. The Developer shall make known to tenants of the Project that it is served
by an existing ridesharing program operated by LYNX. Transit and current ridesharing infonnation shall be
prominently displayed in public gathering areas, in employment centers, and in commercial center areas. Upon
opening of the mall, a 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 detennined
to be necessary by LYNX and the City of Oviedo.
(ii) Access and internal collector and artcrial road geometrics shall accommodate an
cight (8) fcct wide by forty (40) fcct long advance design coach. The Developer
shall provide shelters and pull-out bays along thc on-site transit route. Sheltcr
2'-
_J
()()<)77 I \(,2()X I \//lI5'J2X 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 all 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 CDD 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
llO')77I\(,20X 1\l1'1:i'J2X I 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 ofa 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, ridesnaring and transit usage.
This shall be encouraged by the Developer through incentives to tenants and landowners within the Project. The
percentage reduction goals shall be as follows:
Oviedo Marketplace DRI Overall
Peak Hour Traffic Reduction Goal
Phase
Phase 2
Phase 3a
Phasc 3b
5.0% of peak hour volumc
10.0% of peak hour volulllc
15.0% of peak hour volullle
27
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..)
Within the context of the annual monitoring report the Developer shall present an evaluation of the state of
the alternate transportation systems serving the site of the DR! Project. . Progress shall be compared to the goals
stated above. Progress for the reporting year shall be documented to include ridership levels, transit route changes,
alterations or additions, ridesharing participation, transit amenity construction, park-and-ride lot sites, bicycles and
pedestrian facilities, and 'other efforts which facilitate movement into and around the site of the DR! Project by
means other than the single occupant vehicle.
25. Project Access.
(a) In order to provide safe access and to preserve operational capacity, left and right turn
deceleration lanes shall be constructed at all Project entrances. Access to all regional roadways shall be limited to
the greatest extent possible.
(b) In order to facilitate movement within the site, minimize traffic on the regional roadway
network and to encourage sharing of access points to the regional roadway network, the Developer shall where
practical:
(i) allow connections between adjacent projects where land use compatibility
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 Developmcnt Order to the contrary, if the conditions set out in
this Development Ordcr arc being satisficd and complied with by the owncrs and opcrators of onc parcel within the
28
OO'J771\(,20X 1\II'l5')2X I v2
Project as depicted in Exhibit "B" attached to this Development Order, then upon the written request of the owner of
the parcel, the City Manager or his designee shall confirm in writing to the owner, mortgagees and potential
mortgagees of the parcel that all the conditions are being complied with. If all the conditions are not being complied
with, the 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 permit agencies. The
report shall include:
(a) Any changes in the plan of development, or in the representations contained in the ADA,
or in the phasing for the reporting year and for the year;
(b) A comparison of development activity proposed and actually conducted for the year;
(c) Undeveloped tracts of land that have been sold by the Developer to a separate entity of
Developer;
(d) Identification and intended use of lands purchased, leased or optioned by the Developer
adjacent to the Property site since this Development Order was issued;
(e) An assessment of the Developer's and the local government's compliance with the
conditions of approval contained in this Development Order and the commitments which are contained in the ADA
and which have been identified by the City of Winter Springs, the ECFRPC, or the DCA as being significant;
(f) Any known incremental DRI applications for development approval or requests for a
substantial deviation determination that were filed in the reporting year or which arc to be filed during the next year;
29
OO()771 \(,20X I \11'1 :inx I \'2
(g) Any indication of a change in local government jurisdiction for any portion of the Oviedo
Marketplace Project since this Development Order was issued;
(h) A list of all local, state and federal permits which have been obtained or which are
pending by agency, type of permit, permit number and purpose of each;
(i) A statement that all persons have been sent copies of the annual report in conformance
with Sections 380.06(15) and (18), Florida Statutes; and
(j) A copy of any recorded notice of the adoption of a development order or the subsequent
modification of an adopted development order that was recorded by the Developer pursuant to Section
380.06( I5)(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 extension permitted
pursuant to Section 3 80.06( 19)( c), Florida Statutes. The effectiveness of this Development Order and all Developer
promises, commitments, obligations, covenants, liabilities, and responsibilities may be extended by the City of
Winter Springs upon a showing by the Developer which demonstrates that the completed portions and remaining
portions of the Oviedo Marketplace Project substantially comply, as determined by the City of Winter Springs, with
the conditions of this Development Order and the provisions of Section 380'.06, Florida Statutes. Notwithstanding
any provision herein to the contrary, if this Development Order shall expire, all dedications, payments, or other
considerations previously given by the Developer to the City of Winter Springs or any other agency of government
shall survive such expiration.
2. This Development Order and its conditions and all Developer promises, commitments, obligations
covenants, liabilities, and responsibilitics touch and concern the Property and shall continue to run with, follow and
burden the Propcr1y. To this end, the said promises, commitments, obligations, covenants, liabilities and
30
OO')77I\(,20X 1\/1'15<)21< 1 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
Deyeloper 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 3 80.06( 15)( c )(3), Florida Statutes, the Property shall not be subject to down-zon ing,
unit density reduction, or intensity reduction until September '1,20 I 0, unless this Development Order was based on
substantially inaccurate information provided by the Developer or the change is clearly necessary by the City of
Winter Springs to protect the public health, safety, or welfare. The Developer agrees to hold harmless, defend,
indemnify and covenants not to sue the City of Winter Springs with regard to the construction of any improvements
necessary for the Oviedo Marketplace Project and with regard to any actions or omissions of the Developer.
SECTION IX. COMMUNITY DEVELOPMENT DISTRICT
The Developer has created a 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 thc Dcvclopcr is requircd to make or causc to be made
capital improvements herein, then it is intended that the Dcvelopcr or the CDD may makc such improvcments.
31
OO<)77I\(,20X I \11'1 5<J2X I \'2
SECTION X. MODIFICATIONS TO THIS DEVELOPMENT ORDER
The Developer shall submit, simultaneously, to the City of Winter Springs. the ECFRPC, and the DCA, any
request for approval of a proposed change to this Development of Regional Impact and shall comply with Section
380.06(19), Florida Statutes.
[SIGNA TURE BLOCKS BEGIN ON NEXT PAGE]
32
OOlJ77 I \(,20X I \fI'l :i'J2l\ I v2
ADOPTED and approved subject to the conditions set forth herein on this _ day of
200 I by the City Comm ission of the City of Winter Springs, Florida.
ATTEST:
By:
City Clerk
CITY COMMISSION OF CITY OF
WINTER SPR!NGS, FLOR!DA
By:
Name:
its:
Date:
For the use and reliance of Winter Springs
City Commission only. Approved as to form and
Legal sufficiency.
As authorized for execution by the City Commission, City of
Winter Springs, at their
200 I regular meeting.
City Attorney
/
/ /
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this
as
day of , 200 I by
of the CITY OF WINTER SPR!NGS
CITY COMMISSION, on behalf of the City. He/she 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:
33
00'J771 \(,:Wl< I \/1'15'J2X I v2
JOINDER AND CONSENT BY DEVELOPER
THE VIERA COMPANY, a Florida corporation
A ITEST:
By:
Name:
Title:
By:
Stephen L. Johnson
Vice President
Date:
"DEVELOPER"
STATE OF FLOR!DA
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 FLOR!DA
Commission Number:
My Commission Expires:
3tJ
OW)] 7 I \(,2()X 1\1/4 5lJ2X I v 2
EXHIBIT LIST
Exhibit "A" - Legal Description of Winter Springs Property
Exhibit "8" - Master Development Plan (Map H)
Exhibit "C" - Equivalency Matrix
35
()(J')771\(,2(J~ 1\1/-1 :i ')2 X 1\'2
. Exhibit F
EQUIVALENCY MA TRlX
OvIedo MllI'kell'lnce
I;" 10 . Rel.1I R.f.1I Ihl.lf Fad 1100/1 1II1l11 /'10 QilAHl, Olllca Olllce Olllce . 1.1I11~ii---'
.,
:. mU"l 1101.1 (0. -4.9 KB(I) (S.-" KB(I)' ClOO-l" KSFl nul.. Ilul. Itnl. (0 - .., KB(I) (SO", KBII) (l00-199 KB(I) (10Q)'~~.A5.y~rl.
1101 cl 1.00 DU 0.07 Ksr 0.10 KSr 0.13 KSr 0.02 KSr 0.06 KSf 0.07 KSr . 0.10 KSr 0.20 KSP 0.26 KSr OJ 0 IC:JlI
~ I 1l,loll (O.H I{SF) 104.H DU 1.00 KSP ::-,1.,(6 KSr' 1.8,( KSP 0.30 KSr 0.80 ksr . 1.04 Ksr ~,Ksr 2.89 KSF 3.83 KSr 4 Ao-iC51i--
" . (50.99 KSF) 9.94 DU 0.69 KSP 1.00 KSP 1.26 Ksr 0.21 Ksr O.jj KS(l 0.72 KS(I .01 KSF 1.99 KSF 2.63 KSP 3.02 KSr
. -
1: (100.199 KBF) 7.86 DU O.H Ksr 0.79 KSP 1.00 KSF . 0.16 KSP 0.44 Ksr o.n KSF 0.80 KSF I.n KSP 2.08 KSr 2.39 lGlir-
.. F.,I Food nul. H.OS DU 3.32 KSP'- U4 KSf. 6.12 KSP 1.00 Ksr - 2.67 Ksr-- 3.47 KSP ".89 KSF . 9.60 KB[1 12.74 KSF 14.61 KSP--
I!
!i~11 T/O nul. 18.00 DU 1.2,( KSF 1.81 Ksr 2.29 Ksr 0.37 Ksr . 1.00 Ksr 1.30 KSF 1.83 KSP 3.~9 Ksr 4.77 KSF S,47 'K:JP-
~ llullllyllul. 13.86 DU 0.96 KSP 1.39 KSP 1.76 KSF 0.29 Ksr 0.77 Ksr - -roo KSP 1.41 Ksr 2.77 KSP 3.67 KSF 4,21 RSF
i orn.1 (0.~9) 9.13 DU 0.61 KSF Mil KS(!', 1.2S KSF 0.20 KSF . 0.$3 . Ksr 0.71 KSF 1.00 KSF 1.96 KSF 2.60 KSF 2.99 K.9f
9 (50-99 KSF .5.01 DU 0.3' KSF 0.50 KBF 0.64 KSF. 0.10 KSF 0.28 Ksr 0.36 KSF 0.'1 KSF 1.00 KSF 1.33 KSF I.nl(5p
~. (100-199 KB ) 3.7' DU 0.26 }{sP 0.38 KSP OA8 KSP 0.08 KSF 0.21 KSF. 0.27 KSP. 0.38 KS(! 0.7S KSF. . 1.00 KBF J.U K1Jll'
(100-199 KS ') 3.29 DU 0.23 KBF 0.31 KSF 0..4] KSP. 0.01 KSJ1 0.18 KSF 0.24 KSF 0.33 KSF' 0.66 KSF 0.87 KS(l 1.00 Kgil
-
La.u.d..lli .
Holel (I room)
l1.el.11 (0-f9 KSF)
(jO.99 KsF)
(100-199 KSF)
F"I Pood 11...1. (KSF)
IlIgh TIO ROll. (t{,SF)
(~u.lIly fierI. (KSI')
OmO<l (0-~9 )
(jO-99 KSF)
(100-199 KSF)
(100-299 KSP)
PM Puk-IT.err
Puk-Dln~lIon
B.att
0.362
'-2.(0 .
3.600
2.1,(1
11.410
6.'16
Mil
3.Hq
1.813
1.367
1.192
SOI"n: 01<1/1ln8 JacMan KorchorAnglln Lopel Rlneharl.lnc.
IU; l'rlp O.".,'OI/on R'polt, 6th Edll/on'
Page 1~4
B.
Legal Description
L::GAL DESC,''iIPTlON
A IRACT OF LAND L Y!NG iN S:::CTICN 17, TOvVNSHIP 21 SOlJT:~, RANGE 31 ::AST DESC."l:B:::Q
AS' FOLLOWS:
"
COMMENCE AT mE NORTHEAST CORNER OF LOT 12, OVIEDO CMOSSiNG -
P.'lASc'l B, ACCORDING 70 ThE PlAT Tl-lEREOF AS RECCRDED IN ?tAT SOCK
47, PAGES 80, 81, 32, AND 83 OF THE PUEUC RECOP.cS OF SEMINOLE
COUNTY, AS T.-iE POiNT OF EEGlNNING; THENCE RUN TnE RJll.OWlNG
COURSES ALONG THE NORTri UNECFSAiD LOT 12; NORTH 72046'44" WEST,
53.0s ,..= I; SCUTri 63 005!l 2" WEST, 61.20 fEcI; SQl:Tri 53050'30" S\ST,
4.28 r=I;-SOUTH 1600a~53" EAST,- is,asi7EEr; SOUTH 36003'21" EAST,
19.28 FEET;..SOUTH 16006'18~ WEST, la.1--5. F.::ET; SOUT;; 17013'24" EAST,
23.03 Fttl; SOUTH 52056~25~ WCsr, 24..8.6 FEI:; SOUTH E5"39'42" WEST,
22.91 FEET; SOUTH 4\)051"22" WEST:, '19.28 FEET; S-OlJTH 14"41'54" WEST,
39.45 ,..=-1; SOUTri 07<>23'n" WEST,53.00 FEET; soum 03054.'47" EAST,
17.73 rEEl"; SOUTH 04"32'01" WE.:>""T, 32.26 F.J::I; SOUTH 10023'42" EAs=f,
27.27 FEET; SOlTi1-1 21 "25'56" EAST, 25.94 rt:ET; SOUTrI 57013'53" EAST,
26.73 P"c:.ET; SOUTH 22030"'24." EAST, 30.02 F"c:ET; SOUTH 17032',4" WEST,
34.51 FEET; SOUTrl 12"34'08" WEST,. 35.'11, FEET; SOUTrI 20039'55" EAST,
50.30 F=i; SOUTH 1404738" WEST, 33.01 Ftcl; SOUTH 38046"47" V'1l"-5T,
36.55 F.::ET; SOUTH 69023'30" WEST. 30.n h:cl.; SOUTH 83013'35" WESI,
31.96 FEET;. NORTH 83026'4<)" WEST, 2.9-09 1-t::I; SOlJTrf 86046'10" Wbf,
, l22.30 .Fc-i=T; NORTH 87033'1 r WEST, 45.67 FEET; SOUTI-I 6902.7-'35- WEsT,
21.26 FE::;-; NORIJ+' 87032'40"' WEST, 145;.71 FEET; THENCE, DE?A:1.-rlNG SAID
NORTH UNE OF toT 12, RUN NOffi;H 57024,'04" EAST, 29.61 FEI; TH~
RUN _ NCRTIi. 00047'25- EAST, 484.40 FEET TO. A C'JR'IE CGNcAVE
NORTHERLY; THENCE RUN W::::li CRt. Y AND THEN NORTnE'"-1i. Y ALD.'iG 5,3.;0-
CURVE. HAVING A MOlU.S L:NGIH OF 750.00 1-"'::1, A Carr:-~ ANG'~ or:
138048-'54-, A.''J AnC ~NGTrl OF ia17.OS.FEET, A OiORD \.2<CGTn OF f404.15
1-:::1, AND A C...:..orm BEAR:.."lG OF NORTH 19'015'44- \V::5T; ti-!ENC~ RUN
NORT.-i' 43050'01" E.<\5T, 4i3.30 ,..1:::1 .0 nii: SOl:r;;-tE'"-\l..Y IJNE OF
niSCA WilLA UNIT 7, ACCCRDING w "THE PlAT THERECF, AS REC8~C@ .IN
?U\. BOOK 22. PAGES 40 AND 47 'OF TIiE P1.;!5t;C RECORGS OF s.EMlNCt!
COIJN1Y,. FLORIDA;: T-f!.E."lCE RI..!N. A1..ONG THE. SCUT:.---i@LY L.:NE Or. SAlO
TU-.<::KAWiU.A UNiT 7; sOvn; 70000'29" E.-\ST, 664.27 n:::r TO TnE
SOUTriEAST CORNER OF SAID FlAT; 1HCNCE Rt;'N SCtJ-Trl 01007'52" S-\ST,
319.02 fEET; THENCC ;';L:N SDUTH.89037'40-- EAST, 520.75 1-=1; TrltNCC RUN
SOUTn 14032'19- EAST, 169.91 F.J::I; TIia-JCE RUN SOUTH 71 02<Y.10" EAST,
164.74 F"ttT TO A ?QINT ON TIiE WE.STEl.Y flJG/-IT-CF-WAY OF THE
PROPOScu OV!@O ~CSSlNG E?RACE; THENCE RUN ALONG SAIO rROPOSaJ
WEST RIGHT-OF-WAY UNE TrlE ;:aLLOWING COURSCS: sourrf 55015'<<"
VveST, 200.22 i7=i TO A CURVE CONCAVE SOUTHEA.STC?.LY; THENCE RtJN
SOUTHWESTERLY ALONG SAlD CURVE HAVING A RACtUS LENG1l-I OF 3.50.00
FEET, A CENTrtAl ANGLE OF 19006'05", AN ARC lENGlH OF 316.71 r=l, A
CHORD lSI:GIH OF 315.25 1-= I, AND A Q-iORD BEARiNG OF SOUTri
45042'41" WEST; THENCE RUN SOlJTH 36009'33" WST, 275.09 ~ TO A
CURVE CCNCA'IE SOUTHEASTaLY; Tr.ENCE. RUN SCUTHWESTB1X AlC,\;G
SAID QJRV!: HAVING A RADIUS LENGTri OF SOO.CO F"::ET, A ~ A,-.;GLE .
OF 17040'35-, A~ ARC.L3:-JGTH OF 243.57 1-=1, A CHORD L.:N.GTH C; 247.57
I-l:t:" , AND A CHGRD eEAR:NG Cr: SOUTH iJo'15~2i. WEST TO THE A;:ORSAlD
NCRTHEAST CORNE'! OF LOT 12 A:I/O' The. POINT OF :!EG;t..;NI/lfG.
TrlE A30'lE DESCRIB8 mAG 8F L.A:-m us iN S2,U:-;Ol:E CGtJNTY, ;:UJRICA AND CCNT':'lNS,
49..55: AGES, .\lOR" On LE~S. .
- . _.._--_._-._-_._._--~--
('ii,' :J/ ;FUJ II: r ."i)r,,:;:': . (hiec/o :HorkelfJ/acc
(.nfflu....(.i1t:::.;n.': /'/Oll Amcnd",ent
. MI/I'c" IOO /
ATTACHMENT B
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 rcview rcquirements for Comprehensive Plan
amendments. The proposed amendment constitutes a "Largc Scale Amendment", because the parcel
exceeds 10 acres in size. Large scale amendments can only be processed t:\:vice a year by the City.
However, Developments of Regional Impact (DIU) are exempt from tJlat requirement (section 163.3187
F.S.).
Section 15-35 of the City Code requires that a staff rcview board (DRC) review the application and
submit a recommendation to the Land Planning Agency, which in Winter Springs is tJ1e Planning and
Zoning Board. The P&Z Board shall hold a public he{lring to review the brge scale amendment and
shall submit a recommendation to tJ1e City Commission to approve or deny tJ1e 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 pL1I1ning 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 J\1[arketplace 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, lnc.
33 East Pine Street
Orlando, Florida 32801
Owner:
The Viera Company
7380 l\'lurrell 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) tol\'lixed-Use (City desit,rnation). In conjunction
with the land use map amendment, the applicant has submitted a DIU Development Order
for Parcel 14, to be adopted by the City of \,\1inter 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 tlle site, similar to tlle
current Seminole County Planned Development designation, to allow the development of
the site consistent with tlle approved DRI Development Order. The purpose of the
adoption of a revised Development Order is to require compliance with City st<mdards,
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 DR!.
4. Legal Description - See attachment C
5. Chronology of Subject Property - The subject property is part of tlle Oviedo
Marketplace Development of Regional Impact approved in 1988. The DRI is
currently located in three jurisdictions, the City of Oviedo, tlle 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 DIU Development Order was not adopted by the City. In order to
develop tllc 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) PO, Cons. Overlay (SC)
_~~_~!~....._.......__...___, ._,~,'.~,..,~,~~,!9..~.~!i.~}......_.___......,_.._........".,.. _..!~,,~Q,_0.~?)........._..._...._ .J=Q!~._0~~L.........._....._...._..._._._.__..._......
__~!>u .!!t_.......____'..__..... ......~..9.!!1_l!1.~!.~h~!____..,___..._.............._.....X~Qj?9........._... .._J?Q...{~~2..,......_......_....................__,..._....,_.._._.....
East_~~~~I2_~_~__~g..~merci:.~!....._.._.... .._!?..!::LQJ~,~..~gL... _..!~!!l:__~~L.....____......__..___,..,._......__..___
W etlan ds._,....._,..____.. _........._..}?_IJ...~?JQL..._..,...___,.._.. __<;'.?..f.:\:~.~.t.:~~!:!g,~_...(QL........__.___..
W~~t-".""._-""---'''-''-''''F;1>L-E~~-~'';:;;-~-~t SF Rc~id. R-1A (SC) LOR (SC)
(WS) Winter Springs; (SC) Seminole Count)'; (0) Oviedo
7. Development Trends - With the development of the Oviedo rvlarketplace, this
Greenway interchange has developed into a mix of commercial, oftice and medical
uses. The applicant is planning to develop a mix of retail and oftice development on
the site, and leaving more than half of the property as open space. 111e 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 ]\hy 3rtl. 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. Tl1e 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 classitication as stated in the City's comprehensive
Plan is to allow flexibility and efficiency to development design.
The City of Winter Springs does not have a Conservation Overlay land use category. It only
has the traditional Conservation land use. The purpose for requesting Mixed Use without
Conservation is to be able to use the acreage of the wetland area to provide sufficient
acreage of Open Space to meet the standards of the Mixed Use designation. Policy C1 of
the Future Land Use Element states, "No mixed use shall have a non-residential use
exceeding 50% of the gross land area. Open space shall not be less than 20%, and public
uses, utilities or wetland conservation easements not less than 5(Yct. 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 mi.xed-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% 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 ddining 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 DRl, shows approximately
34 acres adjacent to the residential uses as wetland/upland conservation areas. 111e
proposed Map H2, a Master Development Plan specific to the DR! area within the City of
Winter Springs, shows all areas adjacent to residential (north and,west) as preservation areas,
through a conservation casement dedicated to the Dovera Community Development
District. Therefore, the proposed land use for the subject site, in conjunction with the
Development Order and Map H, is consistent with the goals and objectives of the Future
Land Use Element and will not have a detrimental effect on the adjacent land uses.
B. DRI Development Order
The applicant has submitted a proposed Development Order and j\hster Development Plan
for Parcel 14, consistent with the overall DRl development order and development plan
approved by Seminole County. The applicant is requesting approval and adoption by the
City Commission. ll1e development plan is as follows:
Land Use Acres 'j';, Sll' 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 to.5 N/A N/A
TOTAL 49.5 100.0 160,000 800
Any development on tl1is 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 t11e subject site with the mall parcel to the north, and with Red Bug
Lake Road to the south. \X'hen the DRI was originally reviewed, the impact of tl1e
proposed uses on the road network was analyzed in great detail. Monitoring and
traffic impact studies have been prepared. The DIU development order lists the
required improvements and mitigation that are required prior to tl1e 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 J.R.436: Prior to the development of Phase 3a, the developer
was required to pay proportionate share for intersection improvement study.
This requirement was already taken care of by the developer.
· J.R. 434 alld J.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
contlguration. Also, the developer will be required to provide 5 acres for
wetland mitigation.
· J.R. 426: Prior to the development of Phase 3b (subject site), the developer will
be required to widen S.R.426 from rVlitchell 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 -
· Jallitary JeJJ!er alld Po/able If7a/el7 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 ~ievelopment without lowering the County's
adopted level of service. 'TIle applicant has submitted a letter from the Seminole
County Environmental Services Department stating their ability to continue
water and sewer senrice for the Oviedo marketplace.
· Solid Lf;'/aste: 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.
· StomlJJJater lVIallagelJletl/: The DRI has a master drainage system that was designed
and permitted through the S1. John's W'ater rvlanagement 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, SJRM\VD and the LOS established by the City.
3. Recreation and Open Space - The proposed development does not include a
residential component. 'TIlerefore, there is not a requirement for recreational
facilities. The development, however, will provide approximately 34 acres (over 50%
of tlle site) of open space, to be preserved through a conservation easement
dedicated to the DCDD.
4. Police and Fire - The proposed land use classitlcation will not create a negative
impact on the current level of senrice 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 J'I'lixed 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 tl1e Oviedo J'vlarketplace property, requires that development,
including roads, parking, buildings and active uses, be located no closer than 250 feet from
tl1e boundary between the project and adjacent residential uses. There arc also restrictions
on building height, and the provision of a wall where existing natural vegetation does not
exist along tl1e boundary. As noted above, over 5on,'1, of the site will be preserved as open
space, providing a natural and visu;" 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 traHic 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. 111ese 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 arc 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 100-year tlood prone area.
4. Natural Resources - The developer will be required to protect the wetlands on the
site. A conservation casement has already been dedicated to the DCDD. There are
no endangered plants on the property.
5. Wildlife - '111e bald eagle nest orig1nally 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 arc 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 d1e Code lists the review criteria for Comprehensive Plan amendments. The
application meets dle 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 o'f 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 od1er public services to the development. The amendment will promote d1e
cost-effective use of public facilities.
6. The requested land use designation is consistent with tJ1e 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 dle City and the region.
9. The amendment is consistent with the previously adopted Evaluation and Appraisal Report
(found suHicient by DCA on J\'farch 26, 1999).
10. The development is outside an area of critical State Concern.
11. The proposed changes to the DIU Development Order do not constitute a substantial
deviation.
IV. STAFF RECOMMENDATION
Staff recommends approval of the request to change the Future Land Use classitlcation 6n
Parcel 14 of the Oviedo Marketplace DIU 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. AITACHMENTS
A. Maps
B. Legal Description
C. Application
D. Seminole County Development Order
E. Proposed Winter Springs Development Order
7
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