Osceola County Board of County Commissioners 1 Courthouse Square, Suite 1100 Kissimmee, FL

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1/10/11 Item Number DRI08-0006 Osceola County Board of County Commissioners 1 Courthouse Square, Suite 1100 Kissimmee, FL 34741 407-742-0200 Applicant & Owner Center Lake Properties, LLLP and

1 1/10/11 Item Number DRI Osceola County Board of County Commissioners 1 Courthouse Square, Suite 1100 Kissimmee, FL Applicant & Owner Center Lake Properties, LLLP and Formally Known As Pineloch Management Corporation Agent John Adams, RJ Whidden & Associates Type of Application Development of Regional Impact (DRI) Location South of Jones Road, northwest of Nova Road and east of Narcoossee Road Commission District Fred Hawkins, Jr. - District 5 Project Planner Michelle Beamon Staff Recommendation Approval, subject to the proposed Center Lake Development Order, and authorization for the Chairman/Vice Chairman to sign the Development Order. PC Action To be provided at the BCC public hearing ITEM SUMMARY: The applicant requests approval of the Center Lake Development of Regional Impact (DRI) and associated Development Order (DO) to allow mixed-use development with 2,201 single-family attached and detached units; 1,172 multifamily units; 170,000 square feet of retail use; 70,000 square feet of office use; 10,000 square feet of civic uses; 30,000 square feet of community uses; and, the necessary amount of square feet of building area and site acreage necessary to accommodate public institutional use for an elementary school as required or requested by the County on behalf of the School Board of Osceola County. Civic uses include United States postal facilities, libraries, emergency service stations and other similar uses. Community uses include recreational facilities, clubhouses and other similar uses. The property is approximately acres and is located south of Jones Road, northwest of Nova Road and east of Narcoossee Road.

2 Findings In its review of the proposed amendment to the 2025 Comprehensive Plan, staff has determined: 1. The proposed amendment is consistent with the GOPs of the Osceola County 2025 Comprehensive Plan. 2. The proposed amendment is consistent with all applicable requirements of the Osceola County Land Development Code. PUBLIC NOTICE Notice of public hearing will be mailed to property owners within 300 feet of the subject property prior to the public hearing. Notice of public hearing was published in the Orlando Sentinel on October 3, 2010 and on December 26, Oral and written comments may be available upon publication of hearing notice; we have received public comments, which are included within the Planning Commissioner package. At the November 4, 2010 Planning Commission hearing there were approximately 25 people in the audience for this item. Five residents spoke in opposition citing concerns such as; access to Starline Rd, intensity of units next to the rural enclave, available office/residential stock, negative impacts of development, and that the 300 ft notice radius is inadequate. At the December 6, 2010 Board of County Commissioners hearing there were approximately five residents in the audience, two of which spoke citing the same concerns as at the Planning Commission hearing. This application must be heard at the Planning Commissioners and Board of County Commissioners hearing again to ensure proper public notice. This application is scheduled for the January 6, 2011 Planning Commission hearing. BACKGROUND: The property comprises of acres within the Urban Expansion Area of the Urban Growth Boundary and has a FLUM designation of Mixed Use with Agricultural/Conservation (AC) zoning. The property is within Mixed Use District 7. The request is for approval of the Center Lake Development of Regional Impact (DRI) to allow mixed use residential, retail-service, office, civic, as well as institutional uses. The Center Lake Application for Development Approval was submitted on December 3, The First Sufficiency Response was submitted on January 21, 2010, the Second Sufficiency Response was submitted on May 12, 2010, and the Third Sufficiency Response was submitted on September 1, With the First Sufficiency Response, notification of additional lands to the DRI was given. The acres provided a connection from the Center Lake DRI to Narcoossee Road. This property has under gone a Comprehensive Plan Amendment (CPA ) to change the future land use designation from Low Density Residential to Mixed Use. This application was approved by the Osceola County Board of County Commissioners on August 16, 2010, and DCA issued a notice of intent to find the CPA in compliance. With no appeals notices, the effective date is October 28, Upon the submittal of the Third Sufficiency Response, staff began negotiating a Development Order to document developer responsibilities. The recommended Development Order from the East Central Regional Planning Council (ECFRPC) was received on October 20, A number of the ECFRPC recommendations were included in the County s Development Order. This application was heard at the November 4, 2010 Planning Commission hearing. The Planning Commission recommendation was approval 8-0, (Commissioner Sanchez motioned, Commissioner Salisbury seconded) subject to 2

3 the proposed Center Lake Development Order with the three changes presented by staff at the meeting. The three changes are as follows: 1. In Condition 28, change Paragraph 22 to Condition In Condition 28 within the table, change the reference to Condition #33 to Condition # In Condition 33, change the last sentence to read, Signal costs, if attributed to project traffic at Development entrances are the financial responsibility of the Master Developer through the buildout of the DRI. These changes were incorporated into the Development Order and were scheduled for the December 6, 2010 Board of County Commissioner hearing. It came to staff s attention that the site boundary used for the mailing did not include the addition 130 acres that were added to the project; therefore, staff changed their recommendation to continuance in order to re-notice the request. This application is now scheduled for the January 10, 2011 Board of County Commissioners meeting. Also, the executed Center Lake DRI Transportation Proportionate Share and Joint Participation Agreement has been attached to the proposed Development Order. A condition referencing this agreement has been added to the Development as Condition #30; all of the subsequent conditions have been renumbered. Future Land Use The subject site has a future land use designation of Mixed Use. The properties to the north are Mixed Use, Low Density Residential, Commercial and Rural Enclave. The properties to the west are Rural Enclave, Commercial, and Low Density Residential. To the west, across Narcoossee Road, the properties are incorporated in the City of St. Cloud. The properties to the south are Low Density Residential and incorporated in the City of St. Cloud. To the east, the properties are Low Density Residential. Zoning The subject site has a zoning designation of Agricultural Development and Conservation (AC). The properties to the north are AC and Commercial Restricted (CR). The properties to the west are AC, CR, and Residential Single Family (R-2). To the west, across Narcoossee Road, the properties are incorporated in the City of St. Cloud. The properties to the south are AC and incorporated in the City of St. Cloud. And lastly, the properties to the east are AC and Planned Development (PD) zoning. JUSTIFICATION: A. Consistency with the Osceola County Comprehensive Plan Future Land Use Element Policy 1.1.1: Urban Growth Boundary. The Urban Growth Boundary (UGB) exists to achieve a compact urban development pattern to serve the projected future growth and development of Osceola County. The proposed DRI is within the UGB and follows the compact urban development pattern defined within the Comprehensive Plan. Future Land Use Element Policy 1.1.5: Central water and sewer mandatory with the UGB. New development within the UGB shall connect to a regional service 3

4 provider of central potable water and sanitary sewer systems, unless defined otherwise in the Comprehensive Plan. The applicant has stated within the Application for Development Approval (ADA) that the Center Lake DRI complies with the requirement of this policy as it will require all development to connect to the regional service provider for central potable water and sewer. (City of St. Cloud) Future Land Use Element Policy 1.1.8: Modifications to the UGB: Urban Expansion Area. The Urban Expansion Area offers a more urban form of development that is pedestrian-oriented, multi-modal and provides a concentrated mix of uses with a distinct sense of place. The proposed development is consistent with the intent of the Urban Expansion area in that the proposal provides a mix of uses in a more urban form. Future Land Use Element Policy : Development subject to Conceptual Master Plans. This policy allows for development thresholds to be defined through the Development of Regional Impact review and approval process prior to the approval of a Conceptual Master Plan for this Mixed Use District. This application for DRI review and its subsequent review and approval implement this policy. Future Land Use Element Policy 1.2.3: Sustainable development. The development must promote a sustainable land development pattern where communities provide for the efficient use of infrastructure, protect the environment, and are compatible with adjacent uses. The Center Lake DRI plan displays compact development (averaging 10 units per acre), protects natural features (protecting approximately 1,035 acres of wetlands), and is compatible with adjacent uses (which is displayed in the Illustrative Plan). Future Land Use Element Policy : Mixed Use FLUM defined. This future land use designation is intended to promote a balanced mix of activities; residence, shops, school, workplace, parks, etc. The Center Lake DRI has proposed a mixture of uses which adheres to this policy. This development will have to adhere to the density/intensity requirements as well as the mixed use district design characteristics. Transportation Element Policy 1.3.1: Multimodal corridors. The roadways within the Center Lake DRI must adhere to the street crosssections in the pending SmartCode. This shall include multimodal corridors that accommodate automobiles, bicycles, pedestrians, and transit. This will be accomplished by incorporating public transit routes, sidewalks, and bikepaths into the new roadways. Transportation Element Policy : Connections between neighboring land uses. The County promotes connections between neighboring land uses in order to increase bicycle and pedestrian mobility and transit accessibility. Connections and future connections are displayed on the Center Lake DRI Map H in accordance with this policy, and will be further addressed during 4

5 the Planned Development (PD) and Engineering Improvement Plan (EIP) reviews. Conservation Element Policy 1.2.4: Community designs. This policy promotes the implementation of new, innovative, or alternative community designs in order to minimize the adverse impacts to natural resources and maximize the conservation of native vegetative communities. The Center Lake DRI design minimizes the impacts to natural resources and by maintaining large areas of open space, maximizes the protection of native vegetative communities. Conservation Element Policy 1.2.8: Non-water dependent structures. The County prohibits construction of non-water dependent structures lakeward of safe development lines as established by the County. For the Center Lake DRI this policy pertains to Lake Center. Parks and Recreational Element Policy 1.1.4: Developments of Regional Impact (DRI). DRIs shall provide the necessary regional and community parks, and recreational trails and facilities as defined in the Parks and Recreational Facilities Element. The location, size, and function of the parks will be further defined at the Planned Development application for the Center Lake DRI. B. Impacts to Adopted Levels of Service The Application for Approval (ADA) and subsequent Additional Requests for Information (RAIs) documents address impact of the development on public schools, roads, potable water and wastewater facilities, stormwater systems, and other public facilities and services. Several conditions contained in the proposed Development Order are intended to ensure that adequate levels of services for public facilities and services will be maintained during the course of development of the Center Lake DRI. As an example, Conditions address mitigation of vehicular transportation impacts, and Condition 39 addresses the methods to ensure the concurrent development of schools to serve the Center Lake development. C. Consistency with the Land Development Code Staff has reviewed this request for consistency with the Land Development Code 5

6 STAFF RECOMMENDATION Approval of DRI , subject to the proposed Center Lake DRI Development Order and authorization for the Chairman/Vice Chairman to sign the Development Order. PLANNING COMMISSION ACTION To be provided at the BCC public hearing. ATTACHMENTS: Attachment A Proposed Center Lake DRI Development Order Attachment B Maps Attachment C Other Supporting Documentation City of St. Cloud letter of Water & Sewer Capacity Availability 6

open public hearing and allow public comment request to continue LPA public hearing to January 16, 2014 at 10:30 am

TODAY S AGENDA Work Session LPA Transmittal Public Hearing open public hearing and allow public comment request to continue LPA public hearing to January 16, 2014 at 10:30 am staff will issue a recommendation