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HomeMy WebLinkAbout2010 07 14 Public Hearing 501 Ordinance 2010-20 Amending the Comprehensive Plan related to GreeneWay Interchange District (GID)LOCAL PLANNING AGENCY AGENDA ITEM 501 July 14, 2010 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Local Planning Agency hold a Public Hearing for consideration of Ordinance 2010 -20, amending the Comprehensive Plan related to the Greeneway Interchange District (GID). SYNOPSIS: Several amendments to the Greeneway Interchange District (GID) are needed to better implement the goals of SeminoleWay and the East Central Florida Regional Planning Council (ECFRPC). CONSIDERATIONS: As provided by law, the Comprehensive Plan of the City of Winter Springs can be amended only in accordance with 163.3187(1). This request is being considered as part of the City's spring submittal cycle. APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statute 163.3174 (4) The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3177 Required and optional elements of the comprehensive plan; studies and surveys. Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15 -30. Authority, purpose and intent, Sec. 15 -35. Review procedure. Section 15 -36. Review criteria, Section 15 -37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning July 14, 2010 Public Hearing Item 501 Page 2 of 5 Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. BACKGROUND DATA This text amendment is being proposed as a direct result of discussions planning staff has had with the ECFRPC and the primary property owner within the GID. Increasingly, mixed use development is being encouraged to have a strong jobs to housing mix to reduce demand on transportation systems by capturing trips on -site and increasing 24/7 activity within the development. As a result of the EAR -Based Amendments adopted by the City on September 28, 2009, the text of the GID was amended so that stand -alone housing was no longer permitted. It was not the intent to eliminate residential use from the GID, but rather to maximize the area for target industry use. Therefore, residential use was allowed to continue on a limited basis, as no more than 25% of any one mixed -use building, and only as a conditional use. Previous to the 2009 EAR -Based Amendments, stand alone residential was allowed as a conditional use on a limited basis and only after a certain percentage of the area was developed in other uses. Future Land Use Policy 3.2.2 Through the adoption of land development regulations, medium to high density residential uses may be added by the City Commission as conditional uses, but shall not be required. If added and approved during the development review process, medium to high density residential uses shall be incidental to existing Greeneway Interchange uses set forth in Policy 3.2.1. Medium to high density residential uses shall not be permitted within the Greeneway Interchange area until such time as at least thirty percent (30 %) of the developable Greeneway Interchange land has been developed with the uses set forth in Policy 3.2.1. Medium to high density residential uses shall not occupy more than twenty -five percent (25 %) of the developable land designated Greeneway Interchange. Further review of urban environments, illustrate that mixed use structures which incorporate housing often include as much as 75% of the mix, in residential. In order to allow greater flexibility in the implementation of the goal and objectives of the GID, staff is proposing that Future Land Use policy 3.2.2 be amended. However, any residential use within the district would still require it to be permitted as a conditional use, prior to site plan approval. However, the primary consideration is the intent of the district. Amending the percentage within any one building could potentially undermine the floor area exclusively developed to attract the identified target industries. Therefore, additional language limiting when and how much residential square footage should also be included. The proposed revised policy: Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1_ July 14, 2010 Public Hearing Item 501 Page 3 of 5 Residential uses shall be than ° vertically integrated, into mixed use structure and shall not occupy more than seventy -five percent 75 %) of any one structure Proposed residential uses that occupy more than twenty -five percent (25 %) of any one building must be incidental residential uses associated with a primary non - residential use. Additionally, residential uses shall not occupy more than twenty -five percent 25 %) of the total floor area of development (parking garages excluded in the calculation). Demographics for the GID indicate a current estimated 1,399 households within one mile. Two hundred fifty -two of these units are apartments located immediately adjacent to the south (south side of SR 434). Vacant property immediately adjacent on the west (having a Mixed Use FLUM designation) could add as many as 360 more units. Limiting residential within the GID to no more than 25% of the total floor area of development potentially would still allow as many as 1500 -1800 residential units to be built. Further review of urban environments indicates the need for ancillary structures that may not meet the two story minimum requirement. Therefore the following policy is also revised to allow greater flexibility in the development of the district, while maintaining the intent: Future Land Use Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission. FINDINGS: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or the region; The amendment enhances the orderly and balanced economic and fiscal development of the City. (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities; The amendment will not diminish the LOS of public facilities. (3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; The amendment enhances the orderly and balanced social, physical and environmentally responsible development of the City; July 14, 2010 Public Hearing Item 501 Page 4 of 5 (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 291 19.001, Florida Administrative Code; The proposed amendment is consistent with the goals, objectives and policies of the State Comprehensive Plan set forth in Chapter 187, F. S. and the (1998) East Central Florida Regional Policy Plan, adopted by Rule 291 21.001, Florida Administrative Code as well as the Draft East Central Florida 2060 Strategic Policy Plan currently under review. (5) Whether the City is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost/effective use of or unduly burden public facilities; The amendment provides the cost/effective use and expansion of public facilities. (6) Whether the amendment is compatible with surrounding neighborhoods and land use; The amendment will not reduce the compatibility of the GID with surrounding neighborhoods and land use. (7) Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Internal consistency within the Comprehensive Plan is maintained. (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and The amendment promotes the public health, safety, welfare, economic order, and aesthetics of the City. (9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. As part of the City's 2008 Evaluation and Appraisal Report process, it was recognized that the City should amend the GID to allow residential only as a part of a vertically mixed use structure. This amendment furthers that objective by recognizing that a higher percentage of residential within the vertical mix would allow additional flexibility within the GID. The proposed amendment will be included in the City's bi- annual Comprehensive Plan amendment cycles. Both a Transmittal Hearing and Adoption Hearing are required prior to issuance of a Notice of Intent by the State Department of Community Affairs FISCAL IMPACT: The amendment is not expected to have any negative fiscal impact. July 14, 2010 Public Hearing Item 501 Page 5 of 5 COMMUNICATION EFFORTS: Local Planning Agency Agenda Items are posted in City Hall and posted on City's Website July 4, 2010- Public Noticing in Orlando Sentinel of LPA Public Hearing July 14, 2010- LPA Public Hearing to consider the amendment and make recommendation to the City Commission Tentative Implementation Schedule: July 15, 2010- Public Noticing in Orlando Sentinel of Public Hearing July 26,2010- First Reading of Ordinance transmitting the proposed Comprehensive Plan Amendments July 29, 2010- Transmittal to Dept of Community Affairs and other agencies Sept 29, 2010- Receipt of ORC Report from the State Dept. of Community Affairs Oct 25, 2010- Anticipated Adoption Hearing for Ordinance 2010 -18 STAFF RECOMMENDATION: Staff requests that the Local Planning Agency hold a Public Hearing to consider the amendment and make a favorable recommendation to the City Commission for Ordinance 2010 -20, amending the Future Lane Use Element of the City's Comprehensive Plan related to the Greeneway Interchange District (GID). ATTACHMENTS: A- Noticing in Orlando Sentinel on July 4, 2010 B- Draft excerpts from Ordinance 2010 -20 .fta D2 Orlando Sentinel SUNDAY, JULY 4, 2010 *N4, L Hubbard Construction Company invites ail minorities certified with FDOT, City of Orlando or Orange County to bid the following Orlando- Orange County Expressway Authority Project cn July O, 2010: SR 4171 SR. 406 ti tarns interchange Modiffca- t €ans Project No. 253E -Ef Work consists of hauling, bore & jack, dewatering, erosion control, clear & grubbing, earthwork, base & paving, storm drainage, concrete fiatwork, grassing, signs, pavement markings, bridge work signatization, fencing, concrete curb and gutter and guard - roil, Plans and special provisions are avail- able for review at our office, Please submit Your proposal in written form by Wednesday Jultr 7th to 1936 Lee Road, Winter Park, F 32709, Phone: 407- 6455500, Pox: 407 - 623 -3865 or e-mail to esti mail ng0hubbord.cam. Direct elf inquiries to the Estimating Depart- ment. Any stibconlractors that have special needs with banding or insur- ance please call, COR1075098 72, 713, 7142010 MBE/WBE/D8E FIRMS WANTED mnn('F Clancy & Theys Construction Campq% is soliciting subcontractor bidders and supplier proposals for the construction of the V -548 A &B Landstde A Levels 283 Rate - hilhation at the Orlando InternaUenal Airport Projects consists of various upgrades to existing Landside airline ticket and baggage off - ice spaces. Upgrades in. clude revisions to the favout, upgrades of finishes, modification and addition of casework, modifications'to HVAC, Plumbing, fire protection, security, and IT systems. Proposals will be due by mail or fax Of Clancy & Theys Construction Cam- f ony, 7306 Greenbrier Parkway, Or- an do, FL 32819, on or before July 21, 2010 at 2:00 PM, Please send all pro- posals Attn. Jim Callen, 'imc ®ctorlon- do.com, Fox #407. 578 -1w. No bids will be accepted after the time and date specified. The work shall be constructed in ac- COrdonce with Drawings and Specifica- lions available for Inspection at Clan- cy & Theys Construction Company, our FTP site, and The Centro? Florida Builder's Exchange (407) 629.2411 Please contact Michelle Whitehead ai mlchellewgctorlando.com for FTP website Information. All bids must be firm bids for a period Of sixty (60) days after the time set for opening bids. Clancy & Theys Con- struction and the Osceola County School District reserves the right tp - waive any informality and to re "ect any or all bids. All proposals must be submitted on standard company letter - head and clearly idontify the project name. lion Co. encouragas ness Enterprise Lids rite VI at the Civil lets will he afforded ' bids in response to of be discriminated race, color, religion; i consideration for who need infonva- n€s, specs and con- ch to provide a - sub for pgojectt,, should id at 447.0 -1614 or Any technical qquas- i or s sedteetians I at 47.513 -1510 or COR1075542 714,7A1/2010 For a complete listing of current active formal sosici- tations and addenda for the City of Winter Park, ON in- terested parties should visit our Web site at http:!j www.cffyofwinterPark.argf purchasing. It is the sole re- TO -WHOM IT MAY CONCERN: n) (we are) engaged , 7 N. Forsyth Rd. Or- (parties) interested enterprise is as fok e, Inc, lo orange County, CORIG75922 7/4(2 NOTICE UNDER FICTITIOUS NAME STATUTE TO WHOM IT MAY CONCERN: Notice is hereby given that the c 7l) (we ore) engaged 7 flak Ridge Road {parties) interested enterprise is as fol- teal Park Associates MP l0, Orange County, CORIO75923 7472030 NOTICE UNDER HUTIPIJUS NAME STATUTE TO WHOM IT MAY CONCERN: Notice is hereby given that the t of of engaged 3n Ave„ I ousiness enterprise is as fol Diversifies, L.LC i r,lncu,, fa / it In r­ . There may be occasions when staff or other individuals may participate by speaker telephone. Any person requiring special accom- modations at this meeting because of a disability or physical impairment should contact the District Office at (467) 566 -1935 at least forty -eight (48) hours prior to the meeting. a you ore hearing or speech impaired, please contact the Florida Relay Service at t- 600 -955 -6770, for aid in contacting the District Office. Each person who decides to appeal any decision made by the Board with respect to any matter considered of the public hearing or meeting is ad• vtsed that person will need a record of proceedings and that accordingly, the Person may need to ensure that a ver. batim record of the proceedings is made, including -the testimony and evi- dence upon•wh€ch such appeal is to be based. GOYy L. Moyer District Manager OSCIO70701 6/27, 7/4/10 NOTICE OF PROPOSED RULE DEVELOPMENT WORKSHDP SCHOOL BOARD POLICIES The School Board of Orange County, Florida, will hold a public hearing on proposed changes to the fwfowing school board policies on July 20, 2010 at 4:00 p.m. at the Educational Lead- ership Center located at 445 West Amelia Street, Orlando; Florida, 32801. The proposed hoard policy revisions may be viewed at http: //www.revised• pollcfes.ocps.net. Cdples may be ob- tained at the Educational Leadership Center between the hours of 7:30 a.m. and 4 p.m. in the Pubfic in €orma. tion Office. Written comments may be submitted within 21 days of the date of this notice to Krista Russell, Labor Relations, ELC-9, 445 West Amelia Street, Orlan- do, FL 32601. Substantially affected of s thisnotce within 4 ,anobject objection to date rulemaking with the School Board. The objection shall specify the Portions of the proposed rule to which the per- . son Objects and the specific reasons for the objections. File JFABB: Foreign Exchange Students Purpose and EUect:Thfs policy Is amended to require any foreign exchange stu. dent program to be approved by the US Department of State and an the C81ET (Council in Standards for Inter - natione, Educational Travel) Advisory List of Educational Travel & Ex- change Programs and to require en- roilment in certain courses. ORDINANCE NO. 2010 -20 08 SOON THEnaF IN THE COM CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL WINTER SPRNGSpFLORIDA ucv€ mye. €r ruu oec€ae TO appeal any recammenciatlon /decision made by the Lace! Planning Agency with respeL #to any matter considered at this meeting, YOU will need a record of the proceed tugs, and for such purposes you may need 10 ensure that a verbati record of the Proceedings is made upon n which the appeal is 1)ased. Interested parties are advised that they may appear at the meeting and be heard with respect to The proposed ordinances, . CSE1075995 7!412010 Any person requiring special aCCam- modations of this meeting because of a disability or phyMcaI impairment should contact the District Office at (407) S92 -3256 at least five calendar days prior To the meeting. Each person who decided to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that according- ly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. - Joe Ma l-aren District Manager COR1076025 7/4!2010 NOTICE OF PUBLIC MEETING DATES OF THE C CREEK U GREENEWA MA OF Y LECHEEK iMPR09EMl'NT DISTRICTS The Construction Committee of the Boggy Cr ek, Greeneway, and Myrtiel Creek improvement Districts will be meeting of the office of Donald W. McIntosh Associates, Inc. 2200 Park Avenue North, Winter Fie& FL 32769 July 8, 2010 July 22, 2010 August 5, 2010 August 19, 2010 September 2, 2010 September 16, 2010 September 30, 2010 There may be occasions when one or more Supervisors will Partldpate by - telephone. At the above location there will be present a speaker telephane so that any interested Person con attend the meeting at the above location and be fully Informed of the discussions taking place either in person or by . telephone communication. Any Person requiring special accom- modations at this meeting because of a disability or physical impairment Should contact the District Office at (407) 382 -3256 at feast five calendar days prior to the meeting. Each person who decided to appeal any action taken at these meetings is advised that person will need a record of the Proceedings and that according- ly, the person may need to ensure that a verbatim record of the Proceedings is made, including the testimony and evidence upon which such appeal Is to 9 COR1074315 6724 - 7712010 ORDINANCE NO. 2010 -20 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, SETTING FORTH AMENDMENTS TO THE CITY OF WINTER SPRINGS COMPREHENSIVE PLAN REGARDING THE GREENWAY INTERCHANGE DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY; AND AN EFFECTIVE DATE. Future Land Use Element (related to Goal 3: Greeneway Interchange District) Policy 3.2.2 Residential Use Limitations. Prohibit residential except as a conditional use, incidental to other GID uses set forth in Policy 3.2.1_ Residential uses shall be than 2509/6 o f any n vertically integrated, into mixed use structure and shall not occupy more than seventy -five percent 75 %) of any one structure Proposed residential uses that occupy more than twenty -five percent 25 %) of any one building must be incidental residential uses associated with a primary non - residential use. Additionally, residential uses shall not occupy more than twenty -five percent 25 %) of the total floor area of development (parking garages excluded in the calculation). Policy 3.2.4 Intensity and Building Height. Encourage higher intensity development in the GID by requiring buildings to include at least two (2) stories of occupiable space (as defined in Florida Building Code, Chapter 2) and allowing a FAR up to 1.0. Development bonuses allowing a higher FAR, may be granted based on the criteria described in Future Land Use Element, Policy 3.2.5. Ancillary buildings may be excluded from the two story minimum, by action of the City Commission.