HomeMy WebLinkAbout2006 10 09 Regular 300 Jetta Point Park
COMMISSION AGENDA
ITEM 300
October 9,2006
Meeting
Regular
MGR./ DEPT.
REQUEST:
Subsequent to the Community Meeting held by the City Commission on October 2, 2006, the
Community Development Department and City Attorney request that the City Commission provide
formal direction to Staff regarding the processing of Seminole County's request to permit and
construct Jetta Point Park located adjacent to the Black Hammock trail head.
PURPOSE: To formally resolve the appropriate course of action for Staff to pursue related to
processing the county's request to permit and construct Jetta Point Park. The County is pursuing a
Florida Communities Trust Grant and has stated that some construction must commence before the
end ofthe year to receive the grant.
APPLICABLE LAW & PUBLIC POLICY:
Chapter 163, Florida Statutes
Comprehensive Plan
Development Agreement
Settlement Agreement
Chapter 20, Division 7, C-I Neighborhood
Commercial Districts
Sec. 20-261. Conditional Uses.
Sec. 20-82. Duties and powers, general.
Sec. 20-33. Procedures.
Sec. 20-103. Restrictions upon lands, buildings
and structures.
CONSIDERA TIONS:
Seminole County has acquired approximately 45
acres along the west side of the Greeneway (SR
417), south of SR 434 and wishes to develop the
land into a County Park with both active and
passive recreational areas.
October 9, 2006
REGULAR ITEM 300
About 35.5 acres are under the City of Winter Springs' jurisdiction and about 9.5 acres are within the
City of Oviedo. Most of the subject property within Winter Springs has a Commercial Future Land
Use (FLU) designation - the small triangular-shaped property surrounded by the trail has a Medium
Density Residential FLU.
Current FUTURE LAND USE. Sept. 2006
Current ZONING, Sept. 2006
C
About one third ofthe subject property within Winter Springs is within the Tuscawilla Planned Unit
Development (PUD) and the remaining portion is within the C-l Neighborhood Commercial zoning
district. The portion within the Tuscawilla PUD is subject to a development agreement and a court
settlement agreement. These documents restrict the uses within the commercial portion ofthe PUD
and do not list park use as a permissible or as a conditional use. Therefore is a Conditional Use
Permit is granted, it will only be applicable to a portion of the site. The Conditional Use Permit can
not address park development within the PUD portion ofthe site.
In initial discussions about the project with the County, Staff had opined that a Conditional Use
would be the fastest method to get park use approval for the site. The County indicated a need to
expedite the process, in order to meet requirements associated with their application for a Florida
Communities Trust Grant and felt that the lengthy process associated with a large scale land use
amendment would exceed their deadline. Discussion of the most appropriate process was without
details ofthe parcels involved. Staff did not realize that the subject property was larger than just the
area with "C-I Neighborhood Commercial" zoning.
After the County made application for the Conditional Use Permit, staff identified the problem and
notified the City Attorney immediately.
.
October 9,2006
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The City Attorney prescnbed an efficient alternative to provide the park in both the PUD and C-l
portions of the property. He prescribed an administrative FLU amendment and joint planning
agreement (JP A) that would also address the approval process, as well as construction and operation
of the park. The change ofland use is appropriate given that the land is intended to be placed in
perpetuity for public recreational purposes and given the future goals and objectives of the City as
expressed through the Comprehensive Plan. [Lands identified in the Park and Recreation Element as
"Parks" shall perpetually be held in public ownership for recreation purposes (Park and Recreation
Element, Policy 1.1.9).]
As a result, the City commenced an administrative comprehensive plan to change the FLU of both
the PUD and C-l portions of the site from Commercial and Medium Density Residential to the
Recreation and Open Space designation. It is scheduled for a public hearing at the Local Planning
Agency/Planning and Zoning Board meeting on October 4 and for the City Commission on October
23. However, since then, the Count has requested that the City change its zoning code to allow
Public Parks as a permitted use in the C-l and PUD zoning districts. On October 2, 2006, the City
Commission at a community meeting involving Jetta Pointe Park informally indicated that they would
like the City Attorney and staff to prepare an ordinance to amend the zoning code per the County's
request. The City Attorney indicated that such an ordinance can be prepared, but he would still
recommend that the FLU designation be changed as well to accommodate the County's Park project.
The Commission also informally requested that the permitting ofthe Park be expedited to the extent
permitted by law.
The City Attorney has already prepared the zoning ordinance to amend the zoning code. At the
writing of this agenda item, staff is working on scheduling a special P&Z meeting so that they can
review and make a recommendation on the proposed ordinance.
Although the City has administratively commenced the FLU amendment process to expedite the
County's request, the City is unsure whether the County desire to complete the amendment during
this cycle or wait to the Spring 2007 comprehensive planning cycle.
CHRONOLOGY & IMPLEMENTATION SCHEDULE:
Aug. 14.2006- Application for a Conditional Use Permit (CUP) submitted by Seminole County.
Aug. 31. 2006- Joint meeting of City/County Staff to address CUP application. City Attorney in attendance.
Sept. 07. 2006- BOA consideration ofthe CUP. County requests the item be Postponed until Oct. 5.
Oct. 02.2006- City-County Workshop with adjacent residents
Oct. 04. 2006- LP A to make recommendation regarding the Large Scale Comprehensive Plan Amendment to change
the Future Land Use to Recreation and Open Space [Ordinance 2006-14]
Oct. 05.2006- BOA to make recommendation regarding the Conditional Use Permit on the C-1 Neighborhood
Commercial portion of the property.
Oct. 09.2006- City Commission to discuss and determine the best method for resolving the land use and zoning
conflicts and make final decision.
Oct. 23.2006- City Commission consideration of the Large Scale Comprehensive Amendment [if utilized]
Oct. 23.2006- City Commission consideration of the Conditional Use Permit [if utilized]
Oct. 23.2006- City Commission consideration of the JPA [if utilized]
Jan. 22. 2006- Anticipated Adoption of the Large Scale Comprehensive Amendment [if utilized]
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October 9, 2006
REGULAR ITEM 300
STAFF RECOMMENDATION:
Based on the October 2,2006 community meeting and the Commission's informal direction,
the City Staff and City Attorney recommend that the City Commission formalize the following
direction:
1. Expedite the public hearing process to amend the City's zoning Code to allow Public
Recreational Areas and Facilities as a permitted use in the C-l and pun zoning districts.
2. If the County desires to construct a Public Recreational Facility at Jetta Pointe, the City
shall administratively amend the Future land Use map designation for the Property to "Open
Space and Recreation." The amendment can be transmitted during this cycle in October or
the Spring 2007 cycle. The timing of the transmittal depends on how quickly the County
believes they can complete final engineering, but the City should strive to adopt the
amendment on or before the date that Final Engineering for the Park is approved by the City
Commission.
3. While the Comprehensive Plan amendment is pending, the City shall review and consider
approval ofthe County's Final Engineering plans at such time the plans are submitted by the
County.
4. Seminole County shall completely release the City from the Settlement Agreement which
requires commercial uses on the Property. The release shall be a condition of Final
Engineering approval.
COMMISSION ACTION: