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HomeMy WebLinkAbout2010 06 14 Informational 100 Status of Various Current Planning Projects COMMISSION AGENDA CONSENT INFORMATIONAL X ITEM 100 PUBLIC HEARING REGULAR June 14, 2010 Meeting MGR. , /DEPT Ai A thorization V REQUEST: Community Development Department is advising the City Commission of the status of various current planning projects. SYNOPSIS: The city Commission has been asked to be kept informed of all projects at all stages of development in the City. This agenda item is an update to the Commission on the status of current planning projects and any events /changes since the last City Commission meeting. CONSIDERATIONS: Those projects listed below are those with some consistent activity, although not every project has additional activity for every update report. For a project maps and information on the school generation rates in the City, please go to the http:// www.winterspringsfl.org /iteml00. The number to the left of the project name in this report corresponds to the number on the City Map showing the location of the project. Items listed below that have changed since the last updates are shown in bold type. • (1) SJRWMD (formerly Minter) Site - Staff review was held on August 25, 2008. The site plan was reviewed at the September 3. 2008 P &Z Board meeting and the conditional use was reviewed at the September 4, 2008 BOA meeting. Both site plan and first reading for the rezoning were approved at the September 22, 2008 Commission meeting. The Conditional Use Permit and second reading /adoption of the rezoning (Ord. No. 2008 -12) were held at the October 13, 2008 City Commission meeting. Public Works provided an informational up -date of the status of the Solary Canal Stormwater Treatment Area project to the Commission at its March 23, 2009 meeting. A pre -bid was held April 16, 2009 with bids due April 29, 2009. The low bidder was Briar Corporation at $1.23 million. Briar Corporation backed out of the process because they were unwilling to hold their price for 90 days. An update project was provided at the December 14, 2009 City Commission meeting. A contract was awarded to the 2 lowest bidder, Wal -Rose. Staff met with Wal -rose on March 31, 2010. Construction commenced on Monday, April 19, 2010. June 14, 2010 Information 100 Page 2 of 13 • (3A) Mann Site (Ladybird Academy) — Preliminary engineering plans for the 7,500 S.F. Ladybird Academy Daycare received a unanimous vote for approval at the October 7, 2008 P &Z Board meeting and was approved, subject to conditions, at the October 27, 2008 City Commission meeting. The Applicant submitted for final engineering approval on April 6, 2009. The revised engineering plans and aesthetic package were reviewed at the June 16, 2009 staff review. The applicant's preliminary building plans have been reviewed for sufficiency. The final engineering /site plan and aesthetic revisions were approved at the August 10, 2009 Commission, along with a Development Agreement/Notice of Zoning Restriction modification. A pre - construction meeting was held on October 15, 2009. The properties to the north will be designated as recipient site for trees donated in fulfillment of arbor permit obligations. Site work is on -going and the building permit was issued on January 4, 2010. Vertical construction is progressing. Construction of the SR 434 modifications is complete but must be inspected and accepted by FDOT. • (6) Jetta Point Park — The $9.5 million slated for construction of the Jetta Point Park project was re- appropriated in the Seminole County budget to help cover general fund shortfalls for the 08 -09 fiscal year. There are on -going discussions about increasing the County's Bed Tax by two cents to fund this project and the Solder's Creek project. Seminole County staff contacted City staff to schedule a pre - application meeting for Tuesday, December 2, 2008. Staff held discussion with the project designer on November 14, 2008 to review setback and buffering issues for the park. Staff conducted a pre - application meeting with the project's designers on December 2, 2008 to review the conceptual park master plan and provide direction to the County and its design team. The meeting included representatives of both the City of Oviedo and LYNX. Another meeting between PBS &J staff and City staff was conducted December 10 to further address outstanding issues. The County Leisure Services staff met on January 6, 2009 to review the 60% design plans with the project engineer. Urban Beautification/Arbor staff met with the design team on -site on May 19, 2006 to discuss tree quantification procedures and mitigation options. Staff has been contacted relative to the submittal of both the geotechnical report and the traffic study for the park. Staff received an aesthetic review package for the park on July 30, 2009 and addressed it with the applicant at the August 18, 2009 staff review. The complete site plan application package was received on August 21 and was addressed at staff review on September 15. Staff has reviewed and, at the September 1, 2009 staff review, provided comments to representatives of the adjacent Vistawilla site, regarding access to the park through the Vistawilla site. Staff and PBS &J held a conference call on October 1 to address final comments and to craft a schedule for public hearings, P &Z and Commission meetings for the aesthetic review, site plan/final engineering, and developer's agreement. Staff had expected a re- submittal from the project engineer in late November of December 2009. Staff met with the applicant during the week of December 7, 2009 to discuss the City's littoral planting requirements for the retention ponds. Staff was advised by the consultant that a resubmittal should be forthcoming in January 2010. The consultant has submitted the Florida Department of Environmental Protection (FDEP) water and sewer permits applications to the City. According to the Seminole County Leisure Services Department, construction should begin in late fall or early winter, 2010. Final engineering and aesthetic review plans were reviewed at staff June 14, 2010 Information 100 Page 3 of 13 review on March 30, 2010. At a special April 28, 2010 meeting, the Planning & Zoning Board recommended the final engineering /site plan be approved subject to a development agreement. The applicant held a community meeting with the neighbors for more than an hour, at City Hall, immediately before the P &Z meeting. At the May 10, 2010 City Commission meeting, 15 citizens voiced concerns about the proposed park. The City Manager has sent a letter to the County Manager regarding the proposed park and the citizens' concerns. The County Manager has responded in a letter addressing the citizens' concerns. A group of concerned citizens opposed to the park at this location addressed the City Commission during the public input portion of the May 24, 2010 Commission meeting. • (8) Oviedo Marketplace —The latest plan for Section B of Parcel 14 is comprised of a 77 unit condominium project. Staff met again with the applicant's team for this project on September 4, 2008 to review the site plan proposal. A revised concept plan was submitted on September 25 and was reviewed at the October 21, 2008 staff review. Staff received correspondence on December 1, stating that the applicant was considering developing 58 residential units and using the southerly 2.5 acres (separated from the rest of the site by wetlands) for self - storage. The applicant is currently finalizing the site plan to incorporate the modifications necessitated by the addition of the self - storage facility. The applicant contacted staff to re- establish a schedule for approval of the PUD Master Plan and final engineering. Discussions with the applicant on June 15, 2009 indicated that they have been working with multiple storage companies. On August 10, 2009, the Commission agreed with the applicant's request to allow a 100,000 SF storage facility within the DRI /PUD, which must be followed up by a modification to the Development Order and/or NOPC. Staff is currently reviewing a proposed change to the binding development agreement for this project to facilitate the storage facility as well as the remaining portions of Parcel 14. Staff held a conference call on October 2, 2009 to negotiate the final conversion n umbers for the requested usage change from 100 townhomes to an ACLF /Independent Living Facility in addition to the recently approved indoor storage facility. At its October 12, 2009 meeting the Commission approved an implementation agreement authorizing the indoor personal storage and approved the concept of substituting either 184 independent living units, 318 assisted living facility beds, or some combination of these on the remaining portion of Parcel 14. Staff is working with the applicant to determine the final composition of the project proposal and to determine the proper implementation strategy to facilitate the project. Staff is also working with the City Attorney to craft language for an Implementation Agreement. Revisions to the Implementation Agreement language are expected to be completed during the week of January 25, 2010. Staff met with the applicant on January 28 to address development of the storage facility. Staff is working with the owner to facilitate subdivision of the parcel for development of the storage facility and the ILF /ACLF on the second parcel. A site plan for the storage facility was submitted on February 17, 2010 and is scheduled for the March 16 staff review. Staff worked with the City Attorney to determine a number of issues regarding the site (e.g. master plan, buffer, setbacks, and signage). The applicant is currently working on the plat for Parcel 14 and anticipates coming back with the Master Plan. June 14, 2010 Information 100 Page 4 of 13 • (8A) Tuskawilla Greens (Tuscawilla Country Club) —The PUD master plan amendment, preliminary & final PUD, and site plan were approved (along with a development agreement and 4 amended settlement agreement) at the September 8, 2008 Commission meeting. Plans for the renovation /modification of the tennis courts and country club parking area were received on August 1, 2008 and were reviewed at the August 19, 2008 staff review. The applicant submitted a plan for the borrow pit along Northern Way for the fill material to be used on this project. The tennis court site plan received a recommendation of approval at the November 5, 2008 P &Z Board meeting and was approved, subject to conditions, at the November 24, 2008 Commission meeting. At its December 8, 2008 meeting, the Commission addressed its condition of approval that the 4 tennis court be provided before the first certificate of occupancy, amending the condition to allow more than one half of the 60 units to be occupied before the fourth tennis court is required. A preconstruction meeting was held on December 10, 2008. The Aesthetic Review was approved at the City Commission's January 26, 2009 meeting. The final engineering and landscape plans for the proposed Northern Way Borrow Pit was denied at the February 9, 2009 meeting because of the well to supply the pond. The revision, without the well or the pond liner, was approved at the February 23, 2009 Commission. The aesthetic review modification to remove the faux chimneys was approved at the July 13 Commission meeting. The applicant then submitted engineering drawings for the proposed second borrow area located along Northern Way, just westward of the first borrow area. At the August 24 meeting it was announced that the applicant has withdrawn plans for this excavation from consideration. The City's Building Official met with the applicant on October 1, 2009 to discuss the permit and impact fees for this project. The site superintendent met with staff regarding provision of the fourth tennis court. Staff met with a Taylor Morrison representative on October 29 and December 1, to discuss entitlements, obligations, and other issues associated with the development. Meetings have be held on December 10 and 14, 2009 to discuss site acceptance, bonding requirements, landscape /hardscape modification proposals, and the Settlement Agreement condition (and subsequent Commission action) regarding provision of a 4th tennis court. AlthoughTaylor Morrison has indicated that they are not moving forward with the deal on the vertical construction at this time because the appraisals for the condominiums did not meet their financial requirements, the property owner has indicated that Taylor Morrison is continuing to review the appraisal situation. At its January 25, 2010 meeting, the Commission considered a request from the country club to modify the completion date for the fourth tennis court. The Commission voted 5 -0 that once country club pays the City the $12,500 it is owed for the TLBD final contribution; the City Attorney will start negotiating alternatives. The $12,500 has been received. Staff has been unable to contact representatives of the developer for the Tuskawilla Greens project. • (10) Calusa Cay (AKA Winter Springs Town Homes, Sonoma Pointe, or Sonesta Pointe) — Preliminary plans for approximately 436 town -homes on 40 acres within the Town Center were received from Engle Homes on July 2, 2004, and were reviewed at a July 2004 staff review. The City Commission approved a concept plan at its August 9, 2004, meeting and refined it at its September 27, 2004 meeting. The City Attorney noted that the concept plan, as proposed, would require a development agreement or June 14, 2010 Information 100 Page 5 of 13 special exception or both. The 40 acres has been acquired without platting. The applicant has hired a new design team and met with staff on May 31 and July 8, 2005 to summarize outstanding issues. On August 29, 2005, staff received an aesthetic review package. The state required a letter from the City's Local Planning Agency, stating that crossing the Cross - Seminole Trail with underground utility lines is consistent with the City's Comprehensive Plan (approved at the December 6, 2005 LPA /P &Z meeting). The aesthetic review was approved at the August 28, 2006 Commission meeting. A final engineering plan was resubmitted on September 20, 2006 and was reviewed at the October 3, 2006 staff review. A request for an early work permit was heard at the September 25, 2006 meeting, but a decision was deferred until more information is provided regarding specimen tree preservation. The applicant withdrew the early work permit request. The applicant resubmitted for an early work permit and provided the additional information requested by the Commission. This permit was approved by the Commission at the Novemberl3, 2006 City Commission meeting. The final engineering plans and the Development Agreement were approved at the December 11, 2006, Commission meeting, but the development agreement was not executed or recorded. A revised concept plan featuring 289 total units, incorporating 114 single family detached units with 72 duplex units, 103 townhomes, 2 -car garages, and 260 on- street parking spaces ( the 260 is excluding the Tuskawilla Road on- street parking) was approved at the May 14, 2007 Commission meeting. The Sonesta team met with staff on June 27, 2007, addressing lowering the overall site elevation and lowering some units to less than the prescribed 2' minimum elevation above the adjacent sidewalk. A revised aesthetic review package was approved at the August 13, 2007 Commission meeting. Final engineering plans were received on August 20, 2007 and were addressed at a special September 11, 2007 staff review. Staff reviewed an electronic revision to the plans and advised the applicant of the necessary procedures to finalize the plan changes. The project is reported to have sold to Centerline Homes. Staff and Dover Kohl & Partners reviewed and provided preliminary comments to the applicant's informal concept plan for the site that includes various single - family detached units, including front - loaded garages. At its April 28, 2008 meeting, the Commission approved a site development permit for limited clearing on the property in those areas permitted for wetland mitigation. The applicant has unofficially proposed a new 254 unit subdivision plan with bungalows, paired villas, and other single - family residential units. Staff continues to work with the applicant on various issues related to design and permitting. The applicant has indicated that they are proposing to make a formal submittal for final engineering by the end of May 2010. Both the concept plan and a request to renew the early work permit for site work are moving through the staff review process. The concept plan was addressed at the May 18, 2010 staff review meeting and is scheduled for the June 14, 2010 Commission meeting. The applicant has met with staff regarding limited clearing. Renewal of the early work permit was approved at the May 24, 2010 City Commission meeting and staff is awaiting an executed copy of the agreement as well as satisfaction of the requirements to pull an arbor permit. June 14, 2010 Information 100 Page 6 of 13 • (11) JDC Calhoun I. City records indicate the following businesses are locating or have located in the JDC Calhoun Town Center: • City staff has compiled an ownership map for Phase I of the Town Center. This map has been made available electronically for reference purposes. Staff is arranging a meeting with the new management company to discuss landscape and hardscape maintenance, irrigation system repair and maintenance as well as overall site maintenance. Staff met with two of the management /leasing companies on December 8, 2009 to discuss the current status of the Town center /lease amounts /recent tenant losses, and plans for moving the Town Center forward. Staff received an e-mail list from the tenant meeting and has updated the tenants on all relevant information regarding the management and final ownership of the various sections of the Town Center. Staff was working with Transwestern (management company) to locate Verizon Wireless Services at the western end of Building 11, but Verizon withdrew. Staff had a meeting on January 19, 2010 with a representative of Business Capital Solutions Group regarding marketing of the Town Center. This representative is also contacting the management companies for the Town Center properties. Staff understands that the transfer occurred on March 16, 2010. • (13) Town Center Phase II - Staff met with IBEW and 5 / 3rd Bank representatives on August 28, 2008 to discuss a possible lot split and the location of a branch bank on a parcel located along the north side of SR 434, just east of the McDonald's. Staff met Atwell -Hicks Development Consultants representatives on September 24, 2008 to discuss lot split, infrastructure, and site design issues associated with the proposed bank. A lay -out sketch was provided to staff on October 3, 2008. This sketch and cursory staff comments have been forwarded to Dover Kohl and Partners for further review. Staff met again with representatives of 5 /3 Bank and the IBEW to look at proposals for the site design. Another proposal was sent via e -mail to staff and has been reviewed by staff. Comments were sent to the applicant on December 30, 2008. The FDOT has denied the turn lane request of the 5 /3 Bank team. City staff met with the development team on February 2, 2009 to discuss the left turn lane issue. Additional discussions with FDOT will be scheduled regarding the turn lane and possible access from Tuskawilla Road, behind the McDonald's site. Staff met with representatives of Lochrane Engineering and the IBEW's attorney on March 12, 2009 to discuss details of the Phase II Implementation Agreement. Staff is currently reviewing the Implementation Agreement to consider the client's requests and also to re- evaluate the City's position relative to the agreement. A meeting was held with a representative of Phase II -A on April 24, 2009 to discuss the access options for the 5 /3` bank site proposed at S.R. 434 and Loop Road. The City Attorney and the new owner are negotiating a revision to the implementation agreement. Staff is currently reviewing a first draft of this agreement modification. Staff has met to consider the applicant's draft of a revised implementation agreement. The outcome of this meeting is that staff is concerned about some of the proposed language and is opposed to any changes to the agreement at this time. A meeting with the property owner is scheduled for November 16, 2009 to discuss the Phase II implementation agreement. Staff and the City Attorney met with representatives of the IBEW on December 7, 2009 about June 14, 2010 Information 100 Page 7 of 13 possible modifications to the Implementation Agreement. Agenda Item 601 on the January 25, 2010 City Commission meeting addressed the proposed changes to the Phase 2 Implementation Agreement. The Commission voted to table the item and take it to a special meeting which is scheduled for February 11, 2010 at 6 PM. At the Special Commission meeting on February 11, 2010, the Commission voted to negotiate a new implementation agreement with the IBEW, preserving certain items contained I the current agreement and allowing the IBEW more flexibility to market the property for new development. Any new proposals must adhere to the Town Center Code and will be subject to review and approval of the City Commission. Staff is reviewing a draft of the new Phase II Agreement. Staff met in April with developer representatives interested in placing three businesses on the northeast corner of SR 434 and Tuskawilla Road. Staff had another meeting with this developer in May 2010 to attempt to modify the site plan to meet the Town Center Code requirements. • (13 A)Town Parke Apartments — The 10.32 acre site is located on the south side of SR 434, between the Mobile station and the pedestrian bridge. A conceptual site plan for 201 (was 204) residential apartment units (1 -4 BR) with 413 (was 388) parking spaces was submitted to the City on March 3, 2009 and was addressed at staff review on March 19. The City Arborist and the applicant's landscape architect conducted a site inspection for March 4, 2009. Revised plans were submitted on March 27 and were addressed at staff review on April 7, 2009. Further revised plans were received on April 10 and were approved as a concept review by the Commission on April 27, 2009. The concept approval was re -heard at a May 18, 2009 special meeting and was approved subject to a negotiated Development Agreement with specific stipulations. Further discussion ensued at the special May 26, 2009 Commission meeting regarding crime statistics for high density housing areas. Staff has had no recent communications with the applicant for this development. The Chronicle Jan. 28 -Feb. 3, 2010) stated that a lawsuit between Atlantic Housing Partners and the City of Oviedo, regarding language in a development agreement which required owner - occupied residential units, at site at SR 434 and Chapman Road, was dismissed by U.S. District Judge Anne Conway. The applicant's engineer met with staff on March 1, 2010, to address how to proceed. Staff is responding to various questions from the applicant's consultants at this time. Staff met with the applicant's landscape architects, Foster Conant, on April 20. Staff has requested a draft of the proposed development agreement language and has also requested the status of the economic fiscal impact report as required by the City's Comprehensive Plan. Staff is continuing to field questions from the applicant's consultants on design- related matters. Staff has forwarded the Comprehensive Plan language that requires an economic fiscal impact report to the project engineer. No information relative to the draft development agreement language has been received as of April 30, 2010. Combined preliminary and final engineering plans were submitted on May 05, 2010 and were addressed at the May 25 staff review. Aesthetic review plans are scheduled for the June 8 staff review. • (14 Magnolia Park — Staff met with the design team on April 14, 2009 to provide initial comments on the trail land swap, site, and building design, for the amphitheater with its changing rooms and rest rooms, in preparation for formal submittals. Staff met with the consultants on May 14, 2009 to discuss the landscaping, lighting, and sound June 14, 2010 Information 100 Page 8 of 13 components of the design. Additional discussions were held on May 29, 2009 regarding the lighting and sound designs. Staff has received the 60% plans on July 31, 2009 and addressed these plans at the September 1, 2009 staff review. Aesthetic Review of this project was conducted as part of the October 6, 2009 staff review meeting. Staff is awaiting the resubmittal of the aesthetic review documents in response to the October 6, 2009 review. Final staff reviews of the aesthetics and final engineering were held on December 8, 2009. Staff awaits the final engineering and aesthetic plan re- submittal for the City Commission. Also, the trail swap is being delayed because the State wants to bundle the Magnolia Park Trailhead and the Bart Phillips trail right -of -way dedication along SR 419 together. Staff is working to resolve these items. The final engineering /site plan and aesthetic review received Commission approval at the March 22, 2010 Commission. The Lien Satisfaction Agreement has been executed by the both Bart Phillips and the City and will be forwarded to the City Attorney for recordation and processing for the purpose of moving forward on the various dedications for right -of -way and the swapping of trail right -of -way with the Magnolia Park Amphitheater site. Discussions are underway between Mr. Philips, the CSX railroad, Seminole County, and the State Office of Greenways and Trails regarding the CSX railroad crossing and the trail property swap • (19) Grandeville at Town Center (f/k/a Villa Grande &. Grandville) — Staff is working with the applicant to finalize revisions to the permit plans and to finalize the address assignments for the units. A pre- construction meeting and permit issuance should be forthcoming in the next few weeks. Staff met with the applicant on September 29, 2008 to finalize the methodology for building valuation to be used in assessing the appropriate building permit fees. The applicant reports renegotiating materials prices (in light of recent price declines) in preparation for submitting for a construction permit to do the site /civil construction and obtaining building permits. The applicant met again with staff on December 23, 2008 and announced that, due to the international financial crisis, they were suspending the project indefinitely. The applicant has asked for contact information for another developer who approached the City with a proposal for an "independent living" facility for seniors. Staff met with the applicant on February 27 and again on April 16, 2009 to discuss options for modifying the proposal to 144 age- restricted apartments utilizing a site plan similar to the one previously approved. Further discussions relative to the final design and economic development incentives for this project were scheduled for June 9, 2009, but were re- scheduled for June 16, 2009. The applicant is currently working on financing for this project and the City is continuing consideration of potential economic development incentives. Staff is working with the applicant to finalize the financial package and to finish the write up to be used in marketing the project. Staff provided a letter on September 28, 2009 detailing the existing project status. This letter will be used as part of the financial package for the project. Staff met with the project representative on October 19, 2009 to discuss the schedule for consideration/approval of the project modifications as related to the conversion of the project to age- restricted apartments. Staff met with the applicant on January 26, 2010 once again to address applicable City and county impact fees. Staff has also provided local demographic and recent activity information on the Town Center to assist the developer with their HUD application. The applicant has maintained contact with staff regarding the project. The applicant is preparing /updating June 14, 2010 Information 100 Page 9 of 13 the approval schedule in an effort to be able to move rapidly once the financial "invitation" comes from HUD. This could happen as early as April 2010. As of May 14, 2010, the developer has stated that HUD is running 90 -120 days late with their invitations. The developer expects to hear from HUD within the next 50 -75 days and has indicated that they will need expedited services from the City once this invitation is received. • (20) Wagner's Curve Office/Retail (Pinch -A-Penny) — The aesthetic review and final engineering /site plan were approved, subject to working out details, at the September 22, 2008 Commission meeting. Staff is awaiting submittal of a draft development agreement. At its February 9, 2009 meeting, the Commission addressed the applicant's request to reevaluate the Town Center Code. Per the Commission's direction, staff has met with the applicant to review the proposed changes to the building. Staff received the revised design on March 3, 2009. Staff provided correspondence to the applicant's representative on March 31, 2009, stating a number of concerns. At the October 26, 2009 Commission meeting, the applicant requested the Commission consider changes to the Town Center Code to accommodate this site. Staff met with the applicant on October 29, 2009 to discuss options for implementation of this project and possible code modifications. Staff is working on possible text amendments for the Town Center District to address small, irregularly- shaped lots and a possible "transition area" for the periphery of the Town Center District. A workshop for consideration of possible text amendments has been scheduled for June 21, 2010. • Wagner's Curve (9 acre crescent - shaped parcel west of the Pinch -A Penny site) — Staff has met with representatives proposing the relocation of an existing charter school in Seminole County to this parcel. Concept plans for a charter school were submitted April 28, 2010 and was the topic of a work session with the applicant, Victor Dover, and staff on May 14, 2010. Discussions regarding the designation of this parcel as a civic site is scheduled for the June 14, 2010 Commission meeting. • (21) HSP Office (1.6 acre Wagner's Curve Commercial site) —The final engineering and aesthetic review were approved at the December 8, 2008 City Commission meeting (the development agreement and subdivision plan — with subsequent plat - are still out- standing issues). On November 17, 2009 and again on January 13, 2010, staff met with representatives of The Primrose School to discuss a proposed concept plan for this property. The owner has indicated that there are on -going discussions with the realtor of the Primrose Academy and they are actively working toward a sale of the property to the Primrose Academy. A new proposal has been discussed concerning another day care academy for this site. No details have been provided as of May 14, 2010. • (23) Brighthouse — The Brighthouse site plan for renovation of the 0.23 acre site on S. Moss Road has progressed thru staff review and is scheduled for a special April 28, 2010 Planning & Zoning Board meeting. The site plan, aesthetic review, and special permit were approved at the May 10, 2010 Commission meeting. Plan review for the building construction is underway as of May 31, 2010. June 14, 2010 Information 100 Page 10 of 13 • (25) Bart Phillips /419 Auto & Metal —On September 8, 2008, the Commission adopted Ord. No. 2008 -11, which provided a restricted C -2 zoning for the 2 parcels containing approximately 9.04 acres along SR 434. A revised aesthetic review package for the perimeter wall was received December 19, 2008 and was approved at the January 26, 2009 City Commission meeting. Vacation of the Ginger Lane and part of the Old Sanford - Oviedo Road rights -of -way was approved at the February 9, 2009 City Commission meeting. Staff met with the applicant's team on March 2, 2009 to discuss the wall permit. A meeting was held with staff and the City Attorney on March 12, 2009 to discuss the Restrictive Rezoning and the Non - conforming use. Staff is processing the building permit application for the wall for approval, subject to conditions (e.g. recordation of easements and rezoning to either C -2 or restricted C -2). The applicant has made application to rezone the C -1 property along SR 419 to a non- restricted C -2 zoning in place of the restricted C -2 previously approved by the City Commission. The new rezoning request received a recommendation for approval at the June 3, 2009 Planning and Zoning Board meeting and Ordinance No. 2009 -10 had first reading at the June 22, 2009 Commission meeting. Second and final reading for the rezoning of the property along SR 419 was approved on July 13, 2009. The Building permit for the first phase of the screen wall along the property's eastern boundary was issued on September 28, 2009. Staff has received a request for a waiver of the front setback along S.R. 419, behind the screen wall. A waiver for the front setback along SR 419, behind the 10 -foot wall was approved by the City Commission on February 8, 2010. The City Attorney and staff took an ordinance to the Planning and Zoning Board in February 2010 with proposed text amendments regarding permitted uses in the City's I -1 Zoning District. The applicant has indicated that, in addition to the "secondary metals recycling" operations in the proposed text amendment, he also wants the allowance to do "recycling of non - hazardous materials ". This addition was discussed during the Planning & Zoning Board meeting in February. First reading of the text amendment for the I -1 zoning district the City Commission was approved at the Commission's February 22, 2010 meeting. The applicant is in the process of submitting a request for relief of the fines imposed by the Code Enforcement Board. Once the Code Board makes a recommendation and an agreement between 419 Metals and the City are finalized, this item will come back to the City Commission for second reading. The Code Enforcement Board recommended approval of the reduction of fine request at a special meeting on March 30, 2010. Second reading of Ordinance 2010 -03 amending the list of permitted uses in the I -1 District and the City Commission's consideration of the Code Enforcement Lien Satisfaction Agreement received Commission approval at the April 12, 2010 City Commission meeting. On April 28, 2010, Mr. Philips paid $500 necessary to satisfy the lien and submitted the executed Lien Satisfaction document. The Lien Satisfaction Agreement was recorded on May 10, 2010. City staff is working with the County on the trail swap. • (25A) Altomere Estates — On November 26, 2007, the Florida Engineering Group, on behalf of Dr. Altomere, submitted a preliminary engineering/subdivision plan for dividing the northern 17+ acres of the Dr. Moseley's replat into 7 residential lots (ranging in size from 1.16 to 1.71 acres), roadway, 2 storm -water ponds, and a previously dedicated conservation area. The plans were discussed at the December 18 staff review. On February 12, 2008, staff met with Dr. Altomare and his design June 14, 2010 Information 100 Page 11 of 13 engineer to address major subdivision issues (lot size, floodplain, and emergency access). Revised plans were submitted on December 24, 2008 and were reviewed at the February 3, 2009 staff review meeting. Staff met on April 2, 2009 with the City Attorney to determine how best to address the lot size compatibility issue. The subdivision variance requests were heard at a special May 21, 2009 BOA meeting, to address lot size and maximum cul -de -sac length variances. The applicant met on May28 with the neighbors in Dunmar, to ascertain their concerns. The variances were addressed at a public hearing at the June 8, 2009 Commission meeting and postponed until the emergency access issue is resolved. Access documentation from the applicant was sent to the City Attorney on October 21, 2009 for his review and comments. Staff met with the City Attorney on January 14, 2010 to discuss the emergency access location for this property. Staff is working with the Fire Marshal and the developer to finalize an acceptable emergency access for this project. • (26) Starlight Baptist Church — Staff met with the applicant on September 18, 2008 to discuss building construction phasing. The applicant met with the Building Official on October 14, 2008 to discuss modifications to the building plans necessary to implement the phasing plan. A pre - construction conference was scheduled for December 2, 2008, but was cancelled. The architect has worked with the Building Official on a number of building design issues. The applicant has inquired about the initial phasing of the project. The first portion of the construction would involve the enclosing of the existing open basketball court building to serve as an interim meeting place during construction of the new sanctuary. The contractor and site engineer have renewed efforts to coordinate limited site work and enclosure of the covered basketball court with staff. A very limited plan was addressed at the October 20, 2009 staff review. Staff met with the consultant for this project on January 14, 2010. They are proposing to enclose the basketball court for an overflow facility as phase 1 of the development. Staff is working with the developer on Development Agreement language requiring sidewalks on Bahama when the City paves that Road. The consultant indicated that the Church may be in a position to begin the construction on the first part of the new sanctuary by the summer of 2010. Staff is working with the applicant on the aesthetic review for the first phase of development. A limited (scaled back) site plan revision, comprised primarily of enclosing the 5,000 SF covered area, providing a more secluded bus parking area, a dumpster enclosure, water and sewer connections, and sidewalks along the adjacent ROWs was received and was addressed at the March 2 staff review. The aesthetic review and final engineering for Phase I of the project were approved at the April 26, 2010 Commission. A preconstruction conference was held on April 27, 2010. As of June 7, 2010, building plans are under by the building department. • (27) Hayes Road Plaza —The City Attorney reported to the Commission on September 8, 2008 that the owner had conveyed property for the turn lane at the corner of SR 434 and Hayes Road. The plans are ready for issuance and the applicant is attempting to secure the finance package. The owner has been notified in writing that the building permit is ready to be issued, but, on December 19, 2008, applied for a conditional use for a 24 -hour convenience store without gas pumps. This request was heard by the Board of Adjustment on January 15, 2009 and was approved for the convenience store without gas pumps at the January 26, 2009 Commission meeting. Staff met with the June 14, 2010 Information 100 Page 12 of 13 applicant's team on February 10, 2009 to address aesthetic features for the 7 -11 convenience store. City staff has approved the revised traffic study. The Building Official has been working with the owner to prevent the building permit application from expiring, as the applicant continues to seek financing. The project representative contacted City Staff on October 19, 2009 to let us know that they are almost finished with modification of the architectural plans to comply with the 2007 Florida Building Code. Updated construction plans were delivered for review on October 29, 2009. These plans are currently under review by the building division. A contract has been awarded for the turn lane on east -bound SR 434 and construction should begin after the first of the year. At its December 14, 2009 meeting, the Commission directed the City Engineer to address access options for this and the adjacent commercial site (to the west) to the January 11, 2010 Commission meeting. Construction on the east -bound SR 434 turn lane has been initiated, with most of the current work centering on utility relocations. At its February 22, 2010 meeting, the Commission was informed by the owner that he expects to receive financing and commence construction within about 45 days. On March 10, the owner told staff he anticipates 3 weeks until financing. • (28) Park Manor Academy — Having obtained a conditional use and a waiver from the building setback requirements, the applicant has submitted a combined preliminary and final engineering plan submittal for the proposed 3,459 SF day care /pre - school facility with 13 parking spaces, located at the SE end of Excelsior Parkway. The project was addressed at the May 5, 2009 staff review. A plan resubmittal was received July 17, 2009 and has been reviewed by applicable staff. Staff awaits revised plans from the design engineer. A response to staff's comments was received on December 30, 2009. The final engineering /site plan (along with aesthetic review) was approved at the February 22, 2010 Commission. A preconstruction conference was held and site work commenced on March 25, 2010. Building plans have not been submitted as of June 7, 2010. • (36) Lakeside Plaza — A conceptual site plan for 2 buildings comprising 64,614 S.F. of combined office and retail space on an approximately 7 '/2 acre site abutting and including part of Lake Talmo, was reviewed at the October 16, 2007 staff review. A revision was reviewed at the December 10, 2007 staff review; another revision was reviewed at the March 18, 2008 staff review. The concept plan was approved at the May 27, 2008 Commission. The applicant prepared diagrams of the proposed cantilevered deck, for discussion with staff regarding the restaurant and the minor buffer encroachment. Final engineering plans were submitted on January 9, 2009 and were reviewed at the February 3, 2009 staff review meeting. An aesthetic review package was addressed at the April 21, 2009 staff review. A revised traffic analysis was approved by staff on July 16, 2009. Staff has addressed the final engineering/site plans and aesthetic review material at the August 18, 2009 staff review. At the same meeting, 17 -92 CRA Program Manager John Metsopoulos addressed the applicant and staff regarding potential CRA funding for this project. Staff provided information on an alternative point of connection to the public sewer system in the Harbor Winds Development. June 14, 2010 Information 100 Page 13 of 13 FISCAL IMPACT: There is no fiscal impact associated with this agenda item. COMMUNICATION EFFORTS: No communication efforts beyond the advertising of the Commission agenda are necessary in conjunction with this agenda item. RECOMMENDATION: The City Commission is being asked to review and accept the information in this agenda item.