AGENDA

MEMORANDUM

TO: Honorable Mayor and City Council Members

FROM: Bryan Cobb, City Manager

DATE: September 16, 2019

SUBJECT: Ordinance No. 1682, Comprehensive Plan Amendment (CPA) – Large-Scale

Future Land Use (FLU) Map Amendment

Procedure: Call Up Item

Mayor Asks Attorney to Read Ordinance by Title Only
City Manager Background
Applicant Comments
Public Hearing
Council Motion to Transmit Ordinance No. 1682 to the Department of Economic
Opportunity for Review
Council Action

Introduction: This is a request for City Council to conduct a public hearing and transmit a
large-scale Comprehensive Plan/Future Land Use Map Amendment to the Florida Department of
Economic Opportunity (FDEO) and other state and regional agencies changing the
comprehensive plan future land use designation of approximately 61.24 acres from Downtown
Mixed Use (DMU) – South of Mitchell Hammock Road Sub-Area and Rural (R) to DMU – New
Downtown Sub-Area and Public (P).

Discussion: The subject property is located on the east side of Clara Lee Evans Way and south
side of Mitchell Hammock Road. The property owner is BML Investments and PRN
investments, and the applicant is Rick Lewellyan, representing PCALBZAM Corporation. The
consultants are Abdul Alkadry with Harris Civil Engineers, LLC., and Tara Tedrow with
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.

Pursuant to Section 163.3184(2), Florida Statutes (F.S.), the subject future land use (FLU) map
amendment qualifies as a large-scale comprehensive plan amendment. Per Sections 163.3184(3)
and (11), F.S., a large-scale comprehensive plan amendment requires two (2) advertised public
hearings of the local government body, which shall be a transmittal public hearing and an
adoption hearing. Per LDC Section 2.4(E), the LPA shall conduct a public hearing regarding
amendments to the Comprehensive Plan; therefore, this proposed comprehensive plan
amendment shall be required to undergo three (3) public hearings. This item underwent the first
public hearing on April 4, 2019 before the LPA Board at an advertised public hearing. This
public hearing before the City Council is the second of the three (3) required public hearings.
The purpose of the public hearing is to determine whether or not the proposed comprehensive
Honorable Mayor and City Members
September 16, 2019
Page 2 of 8

plan amendment should be transmitted to the Florida Department of Economic Opportunity and
other State and regional agencies for review.

Per Land Development Code (LDC) Section 2.4(D) and (E), the Local Planning Agency (LPA)
shall conduct a public hearing and make recommendations to the City Council regarding
adoption of, or amendments to, the Comprehensive Plan, or element or portion thereof. Per LDC
Section 2.5(A) and (B), City Council shall conduct a public hearing, as required by controlling
law, regarding the adoption of, or amendments to, the Comprehensive Plan and shall have final
approval authority of adoption of, or amendments to, the Comprehensive Plan.

Future Land Use Element (FLUE) Policy 1-1.1.4 requires the City to evaluate, at a minimum, the
following when considering a comprehensive plan amendment request:

1. Consistency with the goals, objectives, and policies of the Comprehensive Plan, and the
Future Land Use Map Series.
2. Impact on established and projected levels of service.
3. Compatibility with existing and proposed land uses as defined and determined in Policy 1-
1.1.1.16.
4. Current supply of vacant land already designated for the proposed land use.
5. Funding commitments for required improvements.
6. Impact on natural resources.
7. Consistency with efforts to increase the supply of non-residential lands available for
economic use.
8. Consistency with efforts to increase the provision of a viable mixture of land uses in a
compact, walkable area that is accessible to the full range of feasible non-motorized and
motorized transportation modes.
9. Population impact.
10. Impacts on public schools.

The applicant’s original request was for a Comprehensive Plan Amendment/Future Land Use
(FLU) Map Amendment to change the future land use designation of the entire subject property,
which is comprised of approximately 23.02 acres of DMU – South of Mitchell Hammock Road
Sub-Area and approximately 38.22 acres of Rural (R) future land use designations, to the DMU
– New Downtown Sub-Area future land use designation. The original request also included the
following proposed development program:

Original Proposed Development Program

Land Use Density/Intensity
Commercial 150,300 square feet
Hotel 80 rooms
Multi-Family Residential 652 Standard Units
275 Age-restricted Units
927 Total Units
Honorable Mayor and City Members
September 16, 2019
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The Local Planning Agency Board (LPA) considered the original proposal at its Thursday, April
4, 2019, public hearing, and thereat, recommended denial of the proposed amendment
identifying concerns relative to the extent of the development program, traffic congestion,
impacts to schools, impacts to the environment and impacts to population.

In response to the LPA’s recommendation, the applicant revised the requested comprehensive
plan future land use map amendment as follows:

Revised CPA/Future Land Use Map Amendment:

CURRENT Future Land Acreage PROPOSED Future Land Use Acreage
Use Designation Designation
Downtown Mixed Use (DMU) – 23.02 ac
South of Mitchell Hammock Downtown Mixed Use (DMU) –
23.02 ac
Road Sub-Area New Downtown Sub-Area

Rural (R) 38.22 ac Downtown Mixed Use (DMU) 6.8 ac

New Downtown Sub-area
Public 31.42 ac

The applicant also revised the proposed development program as follows:

Revised Proposed Development Program:

Proposed Development Size Development Totals
Retail Commercial 74,000 SF
Sit-Down Restaurant 16,000 SF 97,000 GSF Commercial
Fast-Food Restaurant 3,000 SF
Drive-In Bank 4,000 SF
General Office 58,600 SF 58,600 SF Office
Multi-family Residential (Mid-Rise) 440 Units
Multi-family Residential (Age- 160 Units 600 DU
Restricted/Active Adult)

The revised future land use map amendment requests the conversion of approximately twenty-
nine point eighty-two (29.82) acres to DMU–New Downtown Sub-Area and approximately
thirty-one point forty-two (31.42) acres to Public (P). The maximum density and intensity
allowed under the proposed DMU–New Downtown Sub-Area future land use designation are 30
units per net developable acre for multi-family residential and 1.0 Floor Area Ratio (FAR) for
properties west of Oviedo Boulevard and 0.35 for properties east of Oviedo Boulevard. This
future land use designation establishes minimum and maximum ranges for both residential and
non-residential uses as follows: minimum of 40% to maximum of 80% of the project area for
residential uses and minimum of 20% to maximum of 60% of the project area for non-residential
uses. For the proposed Public future land use designation, residential land uses are not
permitted, and permissible uses are limited to public, public institutional, and conservation at a
maximum Floor to Area Ration (FAR) of 0.50.
Honorable Mayor and City Members
September 16, 2019
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The revised future land use map amendment and proposed development program include the
extension of Oviedo Boulevard south from Mitchell Hammock Road to Alexandria Boulevard.
Therefore, the DMU-New Downtown Sub-Area maximum FAR of 0.35 will apply to the
proposed development area east of the Oviedo Boulevard extension. The table below provides a
summary of the maximum development potential for the revised future land use map
amendment.

CURRENT Future Max. Allowable PROPOSED Max. Allowable

Land Use Density/Intensity Future Land Density/Intensity
Designation Use Designation
Downtown Mixed Use Min – Max: 5-35% Downtown Mixed Downtown Mixed Use-New
(DMU) – South of Residential (at 18 units Use (DMU) – Downtown Sub-Area
Mitchell Hammock per acre) and 70-95% New Downtown Min – Max: 40-80%
Road Sub-Area Non-Residential (at FAR Sub-Area Residential (at 30 units per
Approximately 23.02 of 0.75) Approximately acre) and 20-60% Non-
acres • 20 - 145 Units 29.82 acres Residential (at FAR of 1.0
Rural (R) 6.8 acres • 526,444 – 714,460 west of Oviedo Blvd and .35
(from the total 38.22 SF Commercial east of Oviedo Blvd)
acres) • 357 – 715 Units
• 259,791 – 779,375
SF Commercial

Rural (R) 35 Units Public Public

Approximately 31.42 Approximately (FAR 0.5 as public, public
acres (from the total 31.42 acres institutional and
38.22 acres) conservation uses)

Maximum development will

be limited by a Development
Agreement reflecting the
previously described
development program.

Provided below is a summary of what was presented to the LPA Board, their concerns and the
revisions to the proposal.

Changes to Proposed Development Program

Proposed Development Size Development Totals
Retail Commercial 124,400 SF
74,000 SF
Commercial

Sit-Down Restaurant 15,700 SF

150,300 GSF
16,000 SF
97,000 GSF
Fast-Food Restaurant 6,200 SF
3,000 SF
Drive-In Bank 4,000 SF
Honorable Mayor and City Members
September 16, 2019
Page 5 of 8

Proposed Development Size Development Totals

Lodging

Hotel 80 Rooms 80 Rooms

Office

Office 58,600 SF 58,600 GSF

Multi-family Residential (Mid-Rise) 652 Units

Residential

440 Units
927 DU
275 Units
Multi-family Residential (Age- 600 DU
160 Units
Restricted/Active Adult)

Staff evaluated the proposed Comprehensive Plan Amendment (CPA) pursuant to the
requirements of FLUE Policy 1-1.1.4 as well as in response to concerns raised during the LPA
public hearing. Staff’s findings are detailed in the attached Supporting Data, Inventory and
Analysis (DIA). Below is a summary of the key evaluation factors.

Transportation: At the LPA public hearing, concerns were raised by the LPA Board as well as
residents regarding traffic congestion. The tables below provide the trip generation summary
comparing the current maximum development potential under the current FLU designations to
the original proposed designations and development program (Table 1) and a comparison of the
original and reduced/revised proposed development programs (Table 2).

Table 1: Evaluation of Original Development Proposal (As Presented to the LPA Board)
ITE Trips
Land Use Code Size Daily AM Pk PM Pk
Maximum under CURRENT Future Land Use Designations
Retail Commercial 820 662.6 KSF 21,751 483 2,202
MF Residential (Low-Rise) 220 16 DU 117 7 9
SF Residential 210 39 DU 368 29 39
Total 22,236 519 2,250
Internal Capture Trips 5,559 130 563
Pass-by Trips 7,395 164 748
Net New External Trips 9,282 395 939
Original Proposed Development Program Compared to Current Max Potential
Retail Commercial 820 124.4 KSF 6,974 214 639
Sit-Down Restaurant (3) 932 15.7 KSF 1,761 156 153
Fast-Food Restaurant (2) 934 6.2 KSF 2,920 249 203
Drive-In Bank 912 4.0 KSF 400 38 81
Hotel 310 80 Rms 669 38 48
MF Residential (Mid-Rise) 221 652 DU 3,547 235 287
MF Residential (Age-Restricted) 252 275 DU 1,018 55 72
Honorable Mayor and City Members
September 16, 2019
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ITE Trips
Land Use Code Size Daily AM Pk PM Pk
Total 17,289 992 1,500
Internal Capture Trips 4,322 248 379
Pass-by Trips 3,546 209 312
Net New External Trips 9,421 535 809
NET CHANGE IN NEW EXTERNAL TRIPS +139 +140 -130
Revised Development Program Compared to Current Max Potential
Retail Commercial 820 74.0 KSF 4,899 70 435
Sit-Down Restaurant (3) 932 16.0 KSF 1,795 159 156
Fast-Food Restaurant (2) 934 3.0 KSF 1,413 121 98
Drive-In Bank 912 4.0 KSF 400 38 82
Office 58.6 KSF 632 81 69
MF Residential (Mid-Rise) 221 440 DU 2,398 145 185
MF Residential (Age-Restricted) 252 160 DU 618 32 40
Total 12,155 646 1,065
Internal Capture Trips 3,039 162 266
Pass-by Trips 2,463 124 220
Net New External Trips 6,653 360 579
NET CHANGE IN NEW EXTERNAL TRIPS -2,629 -35 -360

Based on the traffic impact analysis of the revised development program, below is the change in
the total number of trips between the original development program and the revised development
program:

Table 2: Revised Development Program Compared to Original Development Program

Trips
Land Use Daily AM Pk PM Pk
Original Net New External Trips 9,421 535 809
Current Net New External Trips 6,653 360 579
Total Reduction in Vehicular Trips -2,768 -175 -230
Percent Reduction of Trips from Original
- 29% -33% -28%
Development Program

Based on traffic impact analysis (TIA), the net change in vehicular trips from the original
proposed development program did not result in the affected roadways falling below the adopted
level of service and did not create any additional roadway deficiencies beyond those anticipate in
the long-term horizon year. With the reduction and modification in the proposed development
program, it is anticipated that the traffic generation will be less than previously anticipated and
that the area roadway network would continue to operate within the adopted level of service
standard. From the perspective of a comprehensive plan amendment and review criteria per the
City’s adopted policies, the proposed CPA and development program do not result in adverse
impacts to the City’s adopted transportation level of service standard and are consistent with the
Comprehensive Plan’s Transportation and Capital Improvements Elements’ goals, objectives and
policies.
Honorable Mayor and City Members
September 16, 2019
Page 7 of 8

The above Plan consistency notwithstanding, as part of the proposed development, the applicant
proposes to provide several transportation improvements, including the extension of Oviedo
Boulevard, additional access points and deceleration lanes. The extension of Oviedo Boulevard
will provide connections and serves as a reliever road. Based on the City’s traffic consultant’s
analysis, the Oviedo Boulevard extension would create more roadway capacity than the project
trips anticipated to be generated from the original proposed development program.

Compatibility and Public Utilities: The proposed DMU–New Downtown Sub-Area and Public
future land use designations are compatible with the adjacent FLU designations, zoning districts,
and existing uses. The subject property and proposed mixed use development are surrounded by
like mixed uses on its north side, City Hall Campus, commercial and vacant mixed-use zoned
properties on its west side, a wetland, water body and single-family residential on its east side,
and multi-family, a cemetery, and single-family residential on its south side. The proposed
development will increase commercial uses as well as housing options within the City. Based on
comments provided by the City’s Public Works Department, City Transportation Consultant,
Seminole County Public Schools, and Seminole County Waste Management Department, there is
adequate transportation, water, sewer, solid waste, and public school facilities and capacities to
accommodate the original as well as the revised proposed development programs in accordance
with adopted level of service standards.

Wetlands and Environmental: As the proposed development will maintain the required upland
buffers from the on-site wetland and water body, the proposed CPA and development program
are not anticipated to result in adverse impacts to environmental resources and environmentally
sensitive areas. Appropriate measures and assurance will be included in the site development
order conditions at the time of the site development order review and approval to ensure the
protection of environmental resources, both flora and fauna species.

It is important to note that, should the City Council adopt the requested CPA, all site
development orders and architectural development orders for this property will be subject to
review and approval by the City Council acting in its capacity as the Land Use Administrator for
properties within the New Downtown Development District.

The Assistant City Attorney reviewed Ordinance No. 1682 and identified no concerns relative to
content and accuracy. Staff recommends approval of Ordinance No. 1682.

Budget Impact: There are no budgetary impacts anticipated as a result of the proposed large-
scale comprehensive plan amendment.

Strategic Impact: The proposed Comprehensive Plan Amendment is consistent with the
Economic Vitality and Development Strategic focus area where one of the goals is to promote
diversification of the local economy.

Recommendation: It is recommended that the City Council read Ordinance No. 1682 by title
only, conduct a public hearing and approve a motion to transmit Ordinance No. 1682 and its
Honorable Mayor and City Members
September 16, 2019
Page 8 of 8

supporting documentation to the Florida Department of Economic Opportunity (FDEO) and

other state and regional agencies for review.

Attachments: 1. Supporting Data Inventory and Analysis

2. Applicant Presentation

Prepared by: Anoch P. Whitfield, Planning Manager

Reviewed by: Teresa Correa, Development Services Director
 ATTACHMENT 1

CITY OF OVIEDO, FLORIDA

2025 Comprehensive Plan

Comprehensive Plan Amendment

17-0495-CPA

Ordinance No. 1682

Supporting Data & Analysis

LPA
April 4, 2019

City Council 1st Reading/Transmittal Public Hearing

September 16, 2019

City Council 2nd/Adoption Public Hearing

TBA
File Number: 17-0495-CPA

Ordinance No: 1682

Application Type: Comprehensive Plan Amendment (CPA) – Future Land Use Map
Amendment

Owner: BML Investments and PRN Investments

890 N. State Road 434
Altamonte Springs, Fl 32714-7013

Applicant: Rick Lewellyan, Corporate Officer

PCALBZAM, INC.
1200 Hillcrest Street, Suite 200
Orlando, Fl 32803-4737

Consultant: Abdul Alkadry, P.E.

Harris Civil Engineers, LLC.
1200 Hillcrest Street, Suite 200
Orlando, FL 32803-4737

Tara Tedrow, Esq.

Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801

Requested Change: Total acreage is 61.24 acres to be amended as follows:

• 23.02 acres from Downtown Mixed Use (DMU)-South of Mitchell
Hammock Road Sub-Area to DMU – New Downtown Sub-Area
• 6.8 acres from Rural to DMU – New Downtown Sub-Area
• 31.42 acres from Rural to Public

I. PROPERTY LOCATION

A. General Location of Property:

The subject property consists of approximately 61.24 acres, with a net developable acreage
of 56.93 acres, and is located on the on the south side of Mitchell Hammock Road and east
of Clara Lee Evans Way in the southeast corner of that intersection.

B. Seminole County Property Appraiser Parcel ID Numbers:

22-21-31-300-0010-0000

II. PURPOSE AND INTENT

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The approximately 61.24-acre subject property currently has two (2) future land use map
designations: Downtown Mixed Use – South of Mitchell Hammock Road Sub-Area (DMU),
consisting of approximately 23.02 acres, and Rural (R), consisting of approximately 38.22 acres.
The purpose of the proposed future land use map amendment is to allow for a mixed-use
development on the subject property to include multifamily residential and various retail, office,
institutional, and commercial uses.

When this item went before the Local Planning Agency at its April 4, 2019 public hearing, the
applicant proposed to convert the entire subject property from the two (2) existing future land use
designations to a single Downtown Mixed Use – New Downtown Sub-Area (DMU) future land use
designation. However, in response to the concerns raised at the LPA public hearing by the Board
members and concerned residents, the applicant revised both the requested future land use map
amendment as well as reduced/revised the development program. The remainder of this staff report
will reflect the revised CPA and development program.

A summary chart of the maximum density and intensity under the existing and proposed future land
use designations are shown in Table 1.

Table 1: Summary of Maximum Density and Intensity

CURRENT Future Max. Allowable PROPOSED Max. Allowable
Land Use Density/Intensity Future Land Density/Intensity
Designation Use Designation
Downtown Mixed Use Min – Max: 5-35% Downtown Mixed Downtown Mixed Use-New
(DMU) – South of Residential (at 18 units Use (DMU) – Downtown Sub-Area
Mitchell Hammock per acre) and 70-95% New Downtown Min – Max: 40-80%
Road Sub-Area Non-Residential (at FAR Sub-Area Residential (at 30 units per
Approximately 23.02 of 0.75) Approximately acre) and 20-60% Non-
acres • 20 - 145 Units 29.82 acres Residential (at FAR of 1.0
Rural (R) 6.8 acres • 526,444 – 714,460 west of Oviedo Blvd and .35
(from the total 38.22 SF Commercial east of Oviedo Blvd)
acres) o 357 – 715 Units
o 259,791 – 779,375
SF Commercial

Rural (R) 35 Units Public Public

Approximately 31.42 Approximately (FAR 0.5 as public, public
acres (from the total 31.42 acres institutional and
38.22 acres) conservation uses)

Maximum development will

be limited by a Development
Agreement reflecting the
previously described
development program.
Source: Planning & Development Division, 2019

The applicant intends to develop the following revised mixed-use development program (it should
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be noted that a traffic analysis was conducted based on the maximum development potential of the
original requested future land use designation and a detailed traffic operations analysis was
conducted for the original proposed development program and the reduced/revised development
program):

Table 2: Proposed Development Program (Previous proposed development program shown in

strike-thru format)
Proposed Development Size Development Totals
Retail Commercial 124,400 SF
74,000 SF
Commercial

Sit-Down Restaurant 15,700 SF

150,300 GSF
16,000 SF
97,000 GSF
Fast-Food Restaurant 6,200 SF
3,000 SF
Drive-In Bank 4,000 SF
Hotel 80 Rooms 80 Rooms
Lodging

Office 58,600 GSF

Office

58,600 SF

Multi-family Residential (Mid-Rise) 652 Units

Residential

440 Units
927 DU
275 Units
Multi-family Residential (Age- 600 DU
160 Units
Restricted/Active Adult)

III. PROPERTY PROFILE

A. Existing Use: The subject property is currently leased by the City and used as the City’s
percolation ponds which provides treatment for and management of wastewater, reject
water and wet weather water retention.

B. Current Future Land Use Designation: Though the subject property consists of a single
parcel, the parcel has two (2) future land use designations: Downtown Mixed Use – South
of Mitchell Hammock Road (DMU) and Rural (R).

C. Current Zoning Classification: The portion of the property which has the DMU – South
of Mitchell Hammock Road land use designation is currently zoned Mixed Use Downtown-
Division Street (MUD-DS), and that portion of the property which is designated Rural
future land use is currently zoned Agriculture (A-1).

D. Proposed Future Land Use: The applicant’s modified request is to change the current
DMU-South of Mitchell Hammock portion (containing approximately 23.02 acres) and

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 approximately 6.8 acres of the Rural portion of the property to Downtown Mixed Use –
New Downtown Sub-Area (DMU), resulting in a total of 29.82 acres going to DMU – New
Downtown Sub-Area. The remainder of the current Rural portion (approximately 31.42
acres out of 38.22 acre) will be changed from Rural to Public.

E. Total Area: The property contains approximately sixty-one point twenty-four (61.24)
acres; however, when discounting the area of on-site wetlands, the net developable area is
fifty-six point ninety-three (56.93) acres.

F. Area of Proposed Amendment: Approximately sixty-one point twenty-four (61.24) acres

IV. COMPREHENSIVE PLAN POLICY 1-1.1.4 ANALYSIS

A. Consistency with the Goals, Objectives, and Policies of the Comprehensive Plan and
the Future Land Use Map Series

The City of Oviedo Comprehensive Plan was evaluated in order to ensure the compatibility
of the proposed future land use designation change with the City’s Plan.

The subject property is located within the City’s Transportation Concurrency Exception
Area (TCEA) and along Mitchell Hammock Road, which is a designated Development
Corridor. It is nestled between the City Hall campus on its south, the current New
Downtown Sub-Area/Oviedo on the Park just north of Mitchell Hammock Road, vacant
property on its west and residential uses on its east sides. Staff finds that the proposed
amendment is consistent with the City’s goal of developing and maintaining a well-balanced
community with variety of land uses that are compatible with each other (FLUE Goal 1-1)
as well as:
• Objective 1-1.1: To coordinate future land uses with availability of public facilities and
services while maintaining or increasing the ratio of non-residential to residential uses in
a compact mixed use development;
• Objective 1-1.2: To provide local employment opportunities and an increased tax base;
• Objective 1-1.3: To prevent urban sprawl, specifically implementing policies regarding
infill development and promoting high density/intensity development in areas with
complete urban services;
• Objective 1-1.7: To continue to develop the new downtown area to provide a gathering
place and link the new downtown with the old downtown.

Per Policy 1-1-1.16: Definition and Determination of Land Use Compatibility, the proposed
land use designation requested as well as the applicant’s intended use of the property, is
nearly “identical to and compatible with pre-existing adjacent land uses… [and]
development should be designed in a manner consistent with good planning practice”. Infill
and compact development also support the City’s goals of protecting and preserving
environmentally sensitive lands, including wetlands.

Page 5
 The proposed Comprehensive Plan Amendment and proposed mixed use development
program, which includes a mix of commercial and multi-family uses, are also consistent
with the following policies:
• Policy 1-1.2.3: Location of Multi-Family Development which states “The City shall
increase the retail market demand by encouraging multi-family development adjacent to
commercially designated areas”.
• Policy 1-1.3.1 High Density/High Intensity Development, which states that “High
density/high intensity development shall be permitted only in areas with complete urban
services including central sewer, water and fire and police protection”.
• Policy 1-1.3.2 Development and Redevelopment of “Infill” Properties which states “The
City shall encourage the development and redevelopment of “infill” properties served by
existing infrastructure and services, especially the City’s Multi-mobility Areas, over the
development of outlying areas that are not served by infrastructure and services”.
• Policy 3-1.1.5 Multi-family Options which states “The City shall designate appropriate
sites for multi-family development to ensure that rental options remain available”.

B. Impacts on Established and Projected Level of Service

REVIEW OF ORIGINAL PROPOSAL (UNCHANGED SINCE LPA PUBLIC HEARING):

Impacts of the original proposed FLU Map Amendment were analyzed based on the
maximum allowable intensity of the current Downtown Mixed Use – South of Mitchell
Hammock Road Sub-Area (DMU) FLU designation and Rural (R) FLU designation
compared to the maximum density and intensity of the proposed Downtown Mixed Use –
New Downtown Sub-Area (DMU) FLU designation. Note, although the entire subject site
consists of 61.24 acres, analysis of the site was based on the approximately 56.93 acres of
developable acreage (as detailed in Table 1).

1. Recreation: Development of the subject property will be subject to the Land

Development Code, specifically Articles, VI, VIII and XVII, requirements relating to
recreation (in the form of mini-parks) and open space.

2. Potable Water and Sewer: The Public Works Department issued a

Water/Wastewater/Reclaim Capacity Letter in January 2018 based on 15,700 SF of
Restaurant, 103,800 SF of Commercial/Retail, 980 single-family homes and 345,491 SF
of Out Parcels equivalent to 378,426 gallons per day (GPD) of water and 323,222 GPD
of sewer. The applicants have been informed that capacity is not specifically reserved
until payment of applicable capital recovery fees is received by the City. A refinement
in the needed water and sewer demands will be established at time of site development
order.

The above notwithstanding, it is important to note that the subject property is currently
leased and used by the City as its percolation ponds to provide wastewater treatment,
drainage retention and wet weather water retention. Because of this, regardless of any
changes in entitlements to the property, any development of the property shall be subject
to and shall not occur without a fully executed Public Facilities Relocation Agreement
and Development Agreement and as part of the percolation pond relocation phasing
Page 6
 effort by the City’s Public Works Department in partnership with the developer. The
Public Works Department continues to work with the developer in the pond relocation
phasing effort.

3. Solid Waste: The Seminole County Utilities and Solid Waste Engineering Division
provided confirmation that the County’s facilities have landfill capacity for the next
thirty-seven point five (37.5) years and that the transfer station can accept and manage
approximately 2,500 tons per day, which is nearly double the average waste flow
currently received by its customers.

4. Transportation: The property is located on a Development Corridor, as that term is

defined in Transportation Element Policy 2-1.1.3, and as such has an adopted LOS
standard of E+15% along Mitchell Hammock Road west of SR 434 and E+30% along
Mitchell Hammock Road east of SR 434.

The City’s Traffic Engineering Consultant conducted a review of the applicant’s Traffic
Impact Analysis, which was completed for 5-year and 10-year planning horizons. The
level of service (LOS) standards included in the TIA are consistent with the adopted
LOS standards in the Comprehensive Plan. The methodology used to develop and
conduct the TIA was approved by both the City and the Florida Department of
Transportation (FDOT), District Five, following several meetings between the applicant,
City staff, and FDOT staff.

The analysis evaluated segments and intersections within a 3-mile radius of the project
site and included base conditions (without the proposed amendment) and proposed
conditions (with the proposed amendment) for daily trips and AM and PM Peak
Hour/Peak Direction (PHPD) trips.

Because the subject property is currently vacant, an analysis was also provided on the
proposed development based on its own trips. That analysis showed that the potential
traffic impacts from the development of the site would result in a new net daily volume
of 9,421 trips, of which 535 will occur during the AM peak hour and 809 trips occur
during the PM peak hour.

However, because the site currently has entitlements under its current DMU-South of
Mitchell Hammock Road Sub-Area and the Rural future land use designations, a
comparative analysis was conducted on the net potential change in traffic impacts. The
table below provides a comparative trip generation summary of the base conditions
allowable under the current Future Land Use Map designations and proposed conditions
based on the proposed development program.

ITE Trips
Land Use Code Size Daily AM Pk PM Pk
Maximum under CURRENT Future Land Use Designations
Retail Commercial 820 662.6 KSF 21,751 483 2,202
MF Residential (Low-Rise) 220 16 DU 117 7 9
Page 7
 ITE Trips
Land Use Code Size Daily AM Pk PM Pk
SF Residential 210 39 DU 368 29 39
Total 22,236 519 2,250
Internal Capture 5,559 130 563
Trips
Pass-by Trips 7,395 164 748
Net New External Trips 9,282 395 939
Proposed Mixed Use Development Program
Retail Commercial 820 124.4 KSF 6,974 214 639
Sit-Down Restaurant (3) 932 15.7 KSF 1,761 156 153
Fast-Food Restaurant (2) 934 6.2 KSF 2,920 249 203
Drive-In Bank 912 4.0 KSF 400 38 81
Hotel 310 80 Rms 669 38 48
MF Residential (Mid-Rise) 221 652 DU 3,547 235 287
MF Residential (Age-Restricted) 252 275 DU 1,018 55 72
Total 17,289 992 1,500
Internal Capture 4,322 248 379
Trips
Pass-by Trips 3,546 209 312
Net New External Trips 9,421 535 809
NET CHANGE IN NEW EXTERNAL TRIPS +139 +140 -130

Based on the TIA, the net change in vehicular trips from the proposed development
program does not result in the affected roadways falling below the adopted level of
service standard of LOS E+30% and does not create any additional roadway deficiencies
beyond those anticipate in the long-term horizon year.

As part of the development, the developer proposes the extension of Oviedo Boulevard
from its current terminus on Mitchell Hammock Road south to a new terminus on
Alexandria Boulevard. Based on the City’s Traffic Consultant’s analysis, this road
extension serves effectively as a reliever road and will increase vehicular
interconnectivity for the surrounding road network. This increased capacity of
approximately 16,380 daily trips, based on the FDOT Generalized Tables, exceeds the
vehicular trips anticipated from the proposed development program. This extension will
provide an alternate route for drivers seeking to avoid two (2) of the City’s busiest
intersections: SR 434/Mitchell Hammock Road intersection and Clara Lee Evans
Road/Mitchell Hammock Road intersection.

Because the subject property is located along a Development Corridor, development of

the property will be subject to the mobility strategies requirements in Transportation
Element Policy 2-2.4.1 and will be required to provide mobility strategies that will help
to move people and goods within the surrounding area.

Page 8
 In addition to the Oviedo Boulevard Extension, development of the property will include
additional full access points, directional/limited access points and deceleration lanes
consistent with the FDOT standards. The engineering and design of these access points
and turn lanes will occur during Site Development Order/Final Engineering review.

REVIEW OF REVISED PROPOSED DEVELOPMENT PROGRAM IMPACTS ON

INFRASTRUCTURE AND LEVEL OF SERVICE:
During the April 4, 2019, LPA public hearing, the major concerns raised by the LPA Board
and concerned residents in attendance were density/intensity of the proposed development
program, traffic congestion, impacts to schools, population impacts, and environmental
impacts. The analysis below focuses on the applicant’s responses to these concerns.

1. Density/Intensity of the Proposed Development Program: The applicant revised the

proposed CPA amendment and the proposed development program as follows:
a. The previous request was to change the entire site to the Downtown Mixed Use –
New Downtown Sub-Area. The revised request is to change the current DMU-South
of Mitchell site (approximately 23.02 acres) and approximately 6.8 acres of the Rural
portion of the property to DMU – New Downtown Sub-Area and change the
remaining approximately 31.42 acres of the Rural portion of the property to Public.

In addition, the applicant proposes to revise the development program by:

• Eliminating the hotel use (80 rooms),
• Reducing the commercial square footage by 53,300 SF,
• Introducing 58,600 SF of office land use,
• Reducing the number of standard multi-family apartments by 212 units (from
652 units to 440 units), and
• Reducing the number of age-restricted/active adult units by 115 units (from 275
units to 160 units).

The applicant’s revised development program falls well below the maximum
development potential of the new acreage of DMU-New Downtown Sub-Area.
Changes in impacts to traffic and schools are provided below.

2. Transportation: Based on the City’s Traffic Engineer’s evaluation of traffic impact

analysis (TIA), the net change in vehicular trips from the original proposed development
program did not result in the affected roadways falling below the adopted level of
service standard. With the revised development program, it is anticipated that the traffic
generation will be less than previously anticipated and that the area roadway network
would continue to operate within the adopted level of service standard.

Although Mitchell Hammock Road (MHR) was shown to be operating within the
adopted level of service (LOS) standard, at the LPA public hearing, the public was
concerned about the existing traffic and congestion felt by drivers and other road users
and any additional residential development worsening the congestion along this
commuter route. However, staff notes that, from the perspective of a comprehensive
plan amendment and review criteria per the City’s adopted policies, the proposed CPA
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and development program do not result in adverse impacts to the City’s adopted
transportation level of service standard and are consistent with the Comprehensive
Plan’s Transportation and Capital Improvements Elements’ goals, objectives and
policies.

To address traffic concerns, the development program was revised, and an updated
traffic impact analysis was completed to evaluate the revised development program.
Below are the results and findings of that analysis:

ITE Trips
Land Use Code Size Daily AM Pk PM Pk
Maximum under CURRENT Future Land Use Designations
Retail Commercial 820 662.6 KSF 21,751 483 2,202
MF Residential (Low-Rise) 220 16 DU 117 7 9
SF Residential 210 39 DU 368 29 39
Total 22,236 519 2,250
Internal Capture 5,559 130 563
Trips
Pass-by Trips 7,395 164 748
Net New External Trips 9,282 395 939

Original Proposed Development Program

Retail Commercial 820 124.4 KSF 6,974 214 639
Sit-Down Restaurant (3) 932 15.7 KSF 1,761 156 153
Fast-Food Restaurant (2) 934 6.2 KSF 2,920 249 203
Drive-In Bank 912 4.0 KSF 400 38 81
Hotel 310 80 Rms 669 38 48
MF Residential (Mid-Rise) 221 652 DU 3,547 235 287
MF Residential (Age-Restricted) 252 275 DU 1,018 55 72
Total 17,289 992 1,500
Internal Capture 4,322 248 379
Trips
Pass-by Trips 3,546 209 312
Net New External Trips 9,421 535 809
NET CHANGE IN NEW EXTERNAL TRIPS +139 +140 -130

Revised/Reduced Development Program

Retail Commercial 820 74.0 KSF 4,899 70 435
Sit-Down Restaurant (3) 932 16.0 KSF 1,795 159 156
Fast-Food Restaurant (2) 934 3.0 KSF 1,413 121 98
Drive-In Bank 912 4.0 KSF 400 38 82
Office 58.6 KSF 632 81 69
MF Residential (Mid-Rise) 221 440 DU 2,398 145 185
MF Residential (Age-Restricted) 252 160 DU 618 32 40
Total 12,155 646 1,065
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 Revised/Reduced Development Program
Internal Capture 3,039 162 266
Trips
Pass-by Trips 2,463 124 220
Net New External Trips 6,653 360 579
NET CHANGE IN NEW EXTERNAL TRIPS -2,629 -35 -360

Based on the traffic impact analysis of the reduced development program, below is the
change in the total number of trips between the previous development program and the
currently proposed development program:

Trips
Land Use Daily AM Pk PM Pk
Previous Net New External Trips 9,421 535 809
Current Net New External Trips 6,653 360 579
Total Reduction in Vehicular Trips -2,768 -175 -230
Percent Reduction of Trips from
- 29% -33% -28%
Previous Development Program

This updated analysis continues to show that the proposed development will not result in
the affected roadways falling or operating below the adopted level of service standard.

It should be noted that the City’s Traffic Consultant found that the previously proposed
development program was not anticipated to degrade the roadway LOS standard below
the adopted LOS standard. Thus, the proposed reduction in the development program
further supports the proposed CPA and the finding that the proposed CPA/development
program will not adversely impact the adopted LOS standards on area roadways – both
City and State facilities.

Because the subject property is located along a Development Corridor, development of

the property will be subject to the mobility strategies requirements in Transportation
Element Policy 2-2.4.1 and will be required to provide mobility strategies that will help
to move people and goods within the surrounding area.

In addition to the Oviedo Boulevard Extension, development of the property will include
additional full access points, directional/limited access points and deceleration lanes
consistent with the FDOT standards. The engineering and design of these access points
and turn lanes will occur during Site Development Order/Final Engineering review.

C. Compatibility with Existing and Proposed Land Uses as Defined and Determined in
Policy 1-1.1.16

1. Adjacent Land Use: The proposed Downtown Mixed Use – New Downtown Sub-Area
(DMU) and Public future land use designations are compatible with adjacent FLU
designations, zoning districts and existing uses as shown in Table 3. The proposed
development is bordered by high density and high intensity uses on the north, the City
Page 11
 Hall Campus on the south and both multi-family and single-family on the east sides.
The property to its west is currently vacant but is currently zoned for mixed use
development at a density of up to fifteen (15) dwelling units per acre.

Table 3: Land Use Adjacency Evaluation

2025 FLU
Direction Zoning Districts Existing Land Use
Designations
Downtown Mixed Use (DMU) – MUD – Village Core (MUD-
North: Oviedo on the Park (OOTP)
New Downtown Sub-Area VC)
Multifamily & single-family in
South: PUD; County Enclave PUD; County Enclave
the City; cemetery in County
East: Planned Unit Development (PUD) PUD Single-family Residential
DMU – South of Mitchell MUD – DS; Public Lands and City Hall Campus, Vacant
West:
Hammock Road; Public Institutional (PLI) Lands
Source: City of Oviedo Planning & Development Division, 2019

D. Current Supply of Vacant Land Already Designated for the Proposed Land Uses

Currently, the only area within the City that has the Downtown Mixed Use – New
Downtown Sub-Area future land use designation is the area of Oviedo on the Park (Mixed
Use District – Village Core zoning district), The Hamptons and a couple of smaller parcels
(Sub-Area A), and Preserve of Oviedo (Sub-Area B). Oviedo on the Park in the Village
Core zoning district is nearly built out except for three (3) parcels, which are already
planned for commercial and/or mixed uses. The proposed future land use map amendment
will add approximately 29.82 acres of developable unimproved land to the Downtown
Mixed Use – New Downtown Sub-Area land use designation, of which approximately 23.02
acres currently have the Downtown Mixed Use – South of Mitchell Hammock Road Sub-
Area land use designation and entitlements. The conversion of the current Rural designated
property to approximately 6.8 acres of Downtown Mixed Use land use designation closer to
the intersection of Clara Lee and Mitchell Hammock Road and approximately 31.42 acres to
Public closer to Lake Rogers and the existing residential is consistent with the character of
the surrounding area and will add commercial development opportunities within appropriate
areas of the City. The proposed FLU map change will serve to further the City’s goals for
economic vitality and sustainability.

E. Funding Commitments for Required Improvements

The proposed CPA future land use map amendment is not anticipated to degrade the
operating level of service of public facilities and infrastructure below the adopted level of
service (LOS) standards.

The developer and the City are working to establish a public-private partnership for the plan
to extend Oviedo Boulevard. The developer will fund driveway/ingress/egress and other
operational improvements needed along Mitchell Hammock Road and Clara Lee Evans Way
to support the proposed development. Because of these developer-funded contributions, no
additional capital improvements beyond what has already been approved within the City’s

Page 12
 Comprehensive Plan will be needed as a result of the proposed Comprehensive Plan/Future
Land Use Map Amendment.

F. Impact on Natural Resources

During the initial review and as presented to the LPA Board, the City’s Environmental
Consultant (Yvonne Froscher) reviewed the proposed Comprehensive Plan Amendment and
identified no concerns. At the time of Site Development Order, the applicant/developer will
need to ensure that the appropriate wetland and environmental buffers are provided. In
terms of wildlife, the applicant has agreed to provide copies of field collected wildlife
surveys and any wildlife permit(s) attained prior to construction of the site.

Environmental Impacts Concerns from LPA Hearing: Concerns were raised during the
LPA public hearing that the proposed development would eliminate or otherwise endanger
the habitat of Sandhill Cranes in the area. The City’s environmental consultant commented
that Sandhill Cranes typically nest in “secluded islands within wetlands and waterbodies”
and forage in grassy areas. At this comprehensive plan amendment stage of the
development process, the applicant has committed to adhering to the environmental
protection policies of the Comprehensive Plan and to further evaluating environmental
conditions and any needed mitigation as part of the Site Development Order/Final
Engineering review and approval process.

G. Consistency with efforts to increase the supply of non-residential lands available for
economic use.

The proposed future land use map amendment to convert approximately 6.8 acres of the
currently Rural portion of subject property to the Downtown Mixed Use – New Downtown
Sub-Area future land use designation provides the opportunity to increase the supply of non-
residential lands for economic use.

H. Consistency with efforts to increase the provision of a viable mixture of land uses in a
compact, walkable area that is accessible to the full range of feasible non-motorized
and motorized transportation modes.

The proposed future land use map amendment and the proposed mixed-use
development program are consistent with the City’s efforts to increase the provision for
viable mixed use in a compact manner that creates walkable/pedestrian scale environments
which support the use of alternative modes of transportation.
VII. OTHER CONSIDERATIONS

A. Housing

There are no adverse impacts to housing supply or availability as a result of this

comprehensive plan/future land use map amendment because the proposed development
program includes both market rate multi-family residential dwelling units (73%) and age-
restricted multi-family dwelling units (27%) to support an active adult lifestyle within the
Page 13
 center of the City within walking distances to shopping, dining, recreation/entertainment and
the City Administration Center.

B. Population Impact

The proposed revised Comprehensive Plan amendment will bring approximately 1,962
residents to the City (calculated as an average of 3.27 persons per dwelling unit times 600
units), in comparison to the previous proposal, which would bring approximately 3,031
residents (calculated as an average of 3.27 persons per dwelling unit times 927 dwelling
units).

Population Impacts Concerns from LPA Hearing: A question was raised at the LPA
public hearing that this proposed CPA would have an adverse impact on population. In
response to the public comment, staff compared the City’s growth trends to the population
projections in the Comprehensive Plan and determined that the City’s development patterns
and population growth are generally consistent with the population projects of these two (2)
plans. The City has not exceeded its ability to provide municipal services to the current and
projected population based on projections from the adopted Comprehensive Plan.

The Comprehensive Plan population projection estimated that the City would reach 49,241
residents in 2025 (per Table below). However, State population estimates show that the City
is growing at a slower rate than initially estimated, at an average of 2.24% a year since 2000.
According to BEBR’s data for the City’s population estimate in 2018, the City had a
population of 39,739 residents. The average population number that would be added by the
proposed development program associated with the present Comprehensive Plan amendment
(1,962 residents) is within the population growth estimate that the Comprehensive Plan
envisioned. This number does not consider that age restricted multifamily development
should house less than 3.27 persons per dwelling unit, which was the average number used
to calculate the population impact associated with the proposed Comprehensive Plan
amendment.

2010 Comprehensive Plan City of Oviedo Population Projections

Year 2005* 2010* 2015** 2025**
Population 30,800 37,843 42,313 49,241
Source: 2005* and 2010* Population: Shimberg Center for Affordable Housing, University of
Florida
Note: **Oviedo population for 2015 and 2025 based on the ratio of Oviedo’s projected population in
relation to Seminole County population in 2010 (8.5%)

City Population Growth Since 2005

Year 2005 2010 2015 2018
Population 30,800 33,342 36,819 39,739
Source: University of Florida Bureau of Business and Economic Research

C. Public Health/Safety/Welfare Issues

Page 14
 There are no public-health, safety, and/or welfare issues associated with this Comprehensive
Plan – Future Land Use Map Amendment.

D. Impact on Schools

The proposed Comprehensive Plan – Future Land Use Map Amendment will result in an
increased demand for public school facilities. According to the School Impact Analysis
(SIA) provided by Seminole County Public Schools, which was based on a previous
development program for 670 residential units, the capacity considered for this development
was available in the School Concurrency Service Area (CSA) where the development is
being constructed, except for the elementary school, where capacity for this development is
available partially in the CSA where the development is being constructed and partially in
the adjacent CSA located to the north of the proposed project. Adjacent CSA capacity is
permitted to maintain LOS as per School Planning and Concurrency Interlocal Agreement
Section 12.3(c). As a result, the student assignment at the elementary level may not be to
the school in closest proximity to the proposed residential development.

Additionally, the students generated at the three CSA levels would at this point be able to be
accommodated without exceeding the adopted levels of service (LOS) for each CSA by
school type, or there is adjacent capacity to meet LOS as allowed by interlocal agreement.
Any planned expansions/additions in the current five-year capital plan would provide
additional student capacity to relieve the affected schools.

Review and evaluations performed on proposed future land use changes and rezones,
unplatted parcels, or projects that have not received final approval do not guarantee that the
developments subject to this declaration are exempt from, or determined to meet, the school
concurrency requirement, which is effective as of January 1, 2008. Changes in enrollment,
any newly platted developments and any subsequent final development approvals may affect
the provision of concurrent school facilities at the point of final subdivision approval,
including the potential of not meeting statutory concurrency requirements based on future
conditions. Therefore, at time of site plan review, the applicant will need to coordinate
school capacity with the School District.

E. Other Comments

Adoption of a Comprehensive Plan Amendment – Future Land Use Map amendment does
not reserve or guarantee capacity in school, water, sewer, transportation, drainage,
recreation/parks, or solid waste facilities, nor does it guarantee that maximum density or
intensity in a land use designation can be achieved. Furthermore, per the terms of the
ordinance, any development of subject property shall be subject to and shall not occur
without a fully executed Public Facilities Relocation Agreement and Development
Agreement.

VIII. STAFF RECOMMENDATION

Staff recommends approval and adoption of Ordinance No. 1682 based on the findings presented in

Page 15
this report.

IX. LPA RECOMMENDATION

The Local Planning Agency Board (LPA) considered the original proposal at its Thursday, April 4,
2019, public hearing, and thereat, recommended denial of the proposed amendment identifying
concerns relative to the extent of the development program, traffic congestion, impacts to schools,
impacts to the environment and impacts to population.

EXHIBITS

EXHIBIT A Location Map

EXHIBIT B Existing Future Land Use Map

EXHIBIT C Proposed Future Land Use Map

EXHIBIT D Existing Zoning Map

Page 16
Exhibit A: Location Map

Page 17
Exhibit B: Current Future Land Use Map

Page 18
Exhibit C: Proposed Future Land Use Map

Page 19
Exhibit D: Current Zoning Map

Page 20
Comprehensive Plan Amendment
Ordinance No. 1682
City of Oviedo

Parcel ID 22-21-31-300-0010-0000

2018 Lowndes, Drosdick, Doster, Kantor & Reed, P.A. All rights reserved.
 Project Overview

• Adjacent to City Hall

• Current spray field
• Site is 61.24 acres
Existing Site Conditions- View from Boston Cemetery Rd

3
Existing Site Conditions- View from City Hall

4
View from Clara Lee Evans Way

5
View from E. Mitchell Hammock Rd

6
View Across E. Mitchell Hammock to Oviedo on the Park

7
Future Land Use & Zoning
 Future Land Use Designation

• Site currently has FLU Designations of

Rural and Downtown Mixed Use –
South of Mitchell Hammock sub-area.
• Site is adjacent to multiple planned
developments and Downtown Mixed
Use developments, as well as City Hall.
• Rural permits residential and
agricultural uses. The Comp Plan
notes that uses include “areas that are
not yet ready for development because
of inequalities facilities”, however
adequate facilities exist to service the
site
APARTMENT
* Site area outlined in blue.

9
Existing Zoning Designation

• Zoned MUD-DS and A-1

• Surrounded by MUD-VC,
MUD-DS, MUD-CHR,
commercial, PLI, PUD and
residential zonings.

10
 Existing Zoning Designation

• Site is located in a
multimodal
transportation
area
• Site is also part of
the designated
Development
Corridors area and
the Downtown
Core Traffic
Concurrency
Exception Area
(TCEA)

11
Updated Conceptual Layout

12
Current & Requested Development Program

13
 Changes to Development Program

SUMMARY OF CHANGES

• Reducing the commercial square footage by 53,300 SF,

• Introducing 58,600 SF of office land use,
• Reducing the number of standard multi-family apartments by 212 units (from 652
units to 440 units), and
• Reducing the number of age-restricted/active adult units by 115 units (from 275
units to 160 units).

14
 Updated Development Program
Prior Request Current Request Net Change

Retail/Commercial/Office 156,300 SF 155,600 SF 700 SF less

Multi-family Residential 927 DU 600 DU 327 fewer dwelling units

Acreage 61.24 acres 29.82 acres 31.42 acres less of MUD-New

Downtown development

Over 700,000 SF of commercial development permitted by right today.

The proposed development program has been reduced through a negotiated DA that will
control the project and run with the land.

15
Public Land FLU

• Our plan also provides the City, through a

negotiated DA pending City approval, with 31.42
acres of Public land for the City to control.
• This acreage is directly adjacent to existing single-
family subdivisions and provides for minimally
intense uses such as public, public institutional,
and conservation.
• Such uses serve as a buffer and adequate
transition between the mixed use development
and single-family homes.
16
Traffic
Traffic Impact Study Results

▪ Study was prepared for the originally requested land use plan

• Study Roadway Segments - Continue to operate within the adopted

Levels of Service Standard upon buildout of the project

• Study Intersections
• Continue to operate within the adopted Level of Service Standard.
• Some delays on minor approaches of some intersections.
• These approaches will have a Volume-to-Capacity ratio of less than 1.0
• This indicates that the delays are due to long signal cycle lengths, not a
capacity deficiency.

▪ The reduced development program proposed generates less traffic

and therefore will have less traffic impacts
Current vs. Proposed Trips

▪ Current future land use designation would produce more trips

vs. proposed project
Zoning Land Daily PM Peak
Request Use Trips Hour Trips
Previous Downtown Sub 9,629 820
Area
Current Downtown 6,653 579
Hybrid
Reduction - 31% - 29%

▪ Average 30% less potential trips as compared to previous

request
Oviedo Blvd Extension Benefits

▪ Oviedo Blvd Extension

• From Mitchel Hammock Road to SR 434
• Via Alexandria Blvd and Alafaya Woods Blvd
▪ Benefits Include
• Creates a continuous parallel roadway to SR 434
• Reduces need for local trips to co-mingle with regional trips on SR 434
• Local vehicular, Bike and Pedestrian connectivity to Oviedo on The Park,
Oviedo Aquatic Facility, Seminole Public Library, etc.
• Visually appealing landscaped boulevard
• Provides a potential local by-pass of the congested SR 434 and Mitchell
Hammock Road intersection
• Emergency response times decrease
Request
Request

• Approval to transmit Ordinance No. 1682,

containing:
• a FLU Map amendment request for 31.42-acres
from RL to Public
• a FLU Map amendment request for 6.80 acres
from RL to DMU-New Downtown
• a FLU Map amendment request for 23.02 acres
from DMU South of Mitchell Hammock Road to
DMU-New Downtown
22
Criteria for Approval
Mixed Use Development vs Urban Sprawl
▪ The City’s own mixed use planning principles would suggest that the plan to convert a spray
field and creating a master planned community with residential, services, retail and hotel is
better to meet the City’s land use and economic goals.
▪ Urban sprawl is something the Comprehenisve Plan seeks to avoid, it also has a hard
economic impact on a city as a duplication of fire departments, police, other safety needs
and retail uses
▪ A master planned community is walkable, reducing need for cars; offers open space
recreation areas; has distinctive restaurants and services; and creates a hub for the
community.
▪ Our plan creates destinations closer to where people live, which has the added benefit of
shortening trip lengths, reducing congestion, and lowering green house gas emissions.

24
Comprehensive Plan Policies
Applicants must prove/satisfy the following:
▪ Consistency with the goals, objectives, and policies of the Comp Plan
▪ Impact on established and projected levels of service
▪ Compatibility with existing and proposed land uses
▪ Current supply of vacant land already designated for the proposed land use
▪ Funding commitments for required improvements
▪ Impact on natural resources
▪ Population Impact
▪ Consistency with efforts to increase the supply of non-residential lands available for economic
use
▪ Consistency with efforts to increase the provision of a viable mixture of land uses in a compact,
walkable area that is accessible to the full range of feasible non-motorized and motorized
transportation modes
▪ Impacts on public schools

25
Comprehensive Plan Policies

▪ Consistency with the goals, objectives, and policies of the Comp Plan
• Land Use element of the CP notes that “urban sprawl characteristic of modern suburban development consumes
more land, is costlier in terms of the provision of infrastructure and services, increases traffic congestion, and results
in greater social isolation than more compact and integrated forms of development . . . The proposed policies aim to
address these challenges by encouraging mixed use development opportunities within the City.”
• “The City of Oviedo recognized the lack of sustainability in its existing land use pattern. The overwhelming reliance
upon single-family developments would need to transition to a more balanced land use pattern to provide locally-
accessible shopping, medical services, professional offices and multi-family housing, and a recognition that more
than just automobiles could effectively move residents through the City. . . Linking the old downtown to the new
downtown will create sustainable growth in the Core instead of on the periphery of the community. The City wished to
continue those efforts to diversify existing land uses and improve mobility and access by creating destinations closer
to where people live. This will have the added benefit of shortening trip lengths, reducing congestion, and lowering
greenhouse gas emissions.”
• “The TCEA’s focal points include areas of the City with the greatest potential for redevelopment and infill to support
pedestrian-oriented community design…as more residents live, shop and work in the mobility areas, there is a
greater opportunity to draw in new businesses that help create a more diverse and neighborhood-supportive land
use pattern.”

26
Comprehensive Plan Policies

▪ Consistency with the goals, objectives, and policies of the Comp Plan
• “Encourag[ing] infill and redevelopment with mixed-uses, and densities and intensities that will support
transit, and walking and bicycling as transportation options. . . This vision now more clearly enumerates
enhancing local quality of life through redevelopment and the creation of a more pedestrian-friendly,
transit-supportive, and sustainable mixed-use community center, gateway areas and corridors.”
• “The shift in transportation can only be supported through complementary changes to land use
development patterns in the City, in which greater efforts at targeted redevelopment and infill
development of parcels within a mix of uses are focused in specific areas.”
• Policy 6-1.1.10: “The City will continue to develop effective partnerships between the Private and public
sectors to fund additional recreation facilities and programs.”

27
Comprehensive Plan Policies
▪ Impact on established and projected levels of service
• Policy 1-1.3.2: The City shall encourage the development and redevelopment of “infill” properties served by
existing infrastructure and services, especially the City’s multimodal mobility areas, over the development of
outlying areas that are not served by infrastructure and services.”
• Objective 2-1.5: Maintaining a complete, well-connected network of streets
• Policy 2-1.9.1: The City shall maintain efforts to enhance roadway and cross-access connectivity in order to
minimize local travel that is forced onto arterial streets.
• The city currently has the capacity to support the additional demand for this site

28
Comprehensive Plan Policies

▪ Compatibility with existing and proposed land uses

• The City evaluates compatibility by considering how identical the pre-existing land uses are to the
proposed development. This project shares a similarity of mixed uses contained in Oviedo on the Park,
while providing family-friendly alternatives, housing, retail, dining and community/cultural options that
complement the existing surrounding development.
• The property is surrounded by existing commercial, retail, recreation, residential and office uses. This
project will complement such existing uses, thereby satisfying compatibility requirements, while also
creating a diversity of housing, entertainment, dining and employment options for the City.

29
Comprehensive Plan Policies

▪ Current supply of vacant land already designated for the proposed land use
• The only areas within the City that has the Downtown Mixed Use – New
Downtown Sub-Area future land use designation is the area of Oviedo on the
Park (Mixed Use District – Village Core zoning district),
• Oviedo on the Park in the Village Core zoning district is nearly built out
except for three (3) parcels, which are already planned for commercial
and/or mixed uses.
• Request will add approximately 29.82 acres of developable unimproved land to
the Downtown Mixed Use – New Downtown Sub-Area land use designation, of
which approximately 23.02 acres currently have the Downtown Mixed Use –
South of Mitchell Hammock Road Sub-Area land use designation and
entitlements.

30
Comprehensive Plan Policies

Funding commitments for required improvements:

▪ Less dense/intense than the Oviedo in the Park project as far as retail size and residential
unit count. Based on the economic impact of the ad valorem taxes and other revenues
would generate enough to cover any needed city improvements that the developer is not
responsible for.
▪ Developer is working with City staff to create proformas on all specific improvements,
including: relocation of the public safety building, potential relocation of City Hall and
opportunities for future City-owned developments on the Public land use designation
portions of the property

31
Comprehensive Plan Policies

▪ Impact on natural resources

• Developer must adhere to the environmental protection policies of the Comprehensive Plan and submit to
further evaluating environmental conditions and any needed mitigation as part of the Site Development
Order/Final Engineering review and approval process
• Developer will need to ensure that the appropriate wetland and environmental buffers are provided and must
provide copies of field collected wildlife surveys and any wildlife permit(s) attained prior to construction of the
site.
• Policy 1-1.13.3: The City shall promote energy conservation through the implementation of more compact land
use patterns, which contribute to reductions in vehicle miles traveled and greenhouse gas emissions, by
supporting infill and redevelopment to diversify land uses within the multimodal mobility areas.
• Policy 1-1.13.9: The efficient use of natural resources, including energy supplies, shall be accomplished
through the application of compact development patterns, energy-efficient building and site design, the
application of mixed land uses, and support of multimodal transportation options.
• Policy 5-1.7.1: The City shall promote compact, mixed use development .in a design-unified, pedestrian
friendly environment with multi-modal transportation connectivity to other areas. . . A major purpose of
mixed-used development shall be to provide opportunities to live, work, shop and recreate in a walkable area,
and to reduce automobile dependence and greenhouse gas emissions.

32
Comprehensive Plan Policies

▪ Population Impact
• Project provides housing opportunities per the Comp Plan for a wide range of
residents and lifestyles, while accommodating future regional growth and
correlated population increases in the City.
• The City’s development patterns and population growth are generally consistent
with the population projections of the proposed development program.
• The City has not exceeded its ability to provide municipal services to the current
and projected population based on projections from the adopted
Comprehensive Plan and Water Supply Plan.

33
Comprehensive Plan Policies

▪ Consistency with efforts to increase the supply of non-residential lands available for
economic use
• “In order to be a full service community, it is necessary to provide a full range of uses to serve and support the
residential population, including employment centers, retail, entertainment and cultural uses, community
facilities, recreation and open space and institutional uses. Ideally, these uses are located within a compact,
walkable area integrated within or proximate to residential uses.”
• Policy 1-1.2.3: The City shall increase the retail market demand by encouraging multi-family development
adjacent to commercial designated areas
• The change of 6.8 acres from Rural to DMU-New Downtown meet this objective

34
Comprehensive Plan Policies

▪ Consistency with efforts to increase the provision of a viable mixture of land uses in a
compact, walkable area that is accessible to the full range of feasible non-motorized and
motorized transportation modes
• Policy 1-1.3.10: High density/intensity developments shall provide easily accessible, common amenities and open space.
• Objective 1-1.12: To be a full service community for a lifetime by addressing the unique needs and challenges of residents
and households at all stages of life, and ensuring access to individuals of varying abilities and stages of life to housing, public
spaces, community facilities, places of employment and commercial establishments.
• Policy 1-1.12.2: The City shall encourage and provide incentives for the provision of a range of housing types appropriate to
various age and needs groups, including families with children, multi-generational housing, younger and/or single adults,
empty nesters, and senior citizens.

35
Comprehensive Plan Policies

▪ Impact on Schools
• Adjacent School Concurrency Service Area (CSA) capacity is permitted to
maintain LOS as per School Planning and Concurrency Interlocal Agreement
Section 12.3(c).
• Available capacity has been found in the adjacent CSA located to the north of
the proposed project.
• Additionally, the students generated at the three CSA levels would at this point
be able to be accommodated without exceeding the adopted levels of service
(LOS) for each CSA by school type, or there is adjacent capacity to meet LOS as
allowed by interlocal agreement.

36
Downtown Master Plan Policies

▪ Property is part of the 2002 Downtown Master Plan, wherein the

desire was to create “a positive environment for private investment in
high quality infill development and redevelopment projects.”
▪ “The residents want the types of amenities and opportunities that are
available to many other suburban and urban communities: cultural
resources, gathering places, comfortable and attractive pedestrian
spaces, a variety of housing choices, interesting places to dine, shop
and recreate and places of work that are close to home.”
▪ At the time, the “area South of Mitchell Hammock Road [was]
developed with many highway commercial uses and several
unremarkable suburban strip shopping centers. . . constructed on a
scale that favors the automobile over the pedestrian.”
▪ Given Oviedo’s demographics, “specialty retail and restaurant uses
targeted to families would be likely to succeed in downtown Oviedo.”
▪ To create a sense of “place”, it should include “a mix of retail,
restaurant, residential, recreational and cultural uses; should include
a place or places for public assembly that are suitable for festivals,
contain a regionally significant destination as an anchor, [and] reflect
the principles of ‘new urbanism’.”

37
Request
• Approval to transmit Ordinance No. 1682,
containing:
• a FLU Map amendment request for 31.42-
acres from RL to Public
• a FLU Map amendment request for 6.80 acres
from RL to DMU-New Downtown
• a FLU Map amendment request for 23.02
acres from DMU-S of Mitchell Hammock Road
to DMU-New Downtown
39
 THANK
YOU

lowndes-law.com
 ORDINANCE NO. 1682

AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, AMENDING THE

FUTURE LAND USE MAP OF APPROXIMATELY SIXTY-ONE POINT
TWENTY-FOUR (61.24) ACRES OF LAND GENERALLY LOCATED
SOUTH OF MITCHELL HAMMOCK ROAD AND EAST OF CLARA LEE
EVANS WAY AS FOLLOWS APPROXIMATELY TWENTY-THREE POINT
ZERO TWO (23.02) ACRES FROM DOWNTOWN MIXED USE-SOUTH OF
MITCHELL SUB-AREA (DMU) TO DOWNTOWN MIXED USE – NEW
DOWNTOWN SUB-AREA (DMU), APPROXIMATELY SIX POINT EIGHTY
(6.80) ACRES FROM RURAL (R) TO DOWNTOWN MIXED USE – NEW
DOWNTOWN SUB-AREA (DMU), AND APPROXIMATELY THIRTY-ONE
POINT FORTY-TWO (31.42) ACRES FROM RURAL (R) TO PUBLIC (P);
PROVIDING FOR LEGISLATIVE INTENT, IMPLEMENTING ACTIONS, A
SAVINGS PROVISION, SCRIVENER'S ERRORS, CONFLICTS, AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA

AS FOLLOWS:

SECTION 1. LEGISLATIVE FINDINGS AND INTENT.

(a). The City of Oviedo has complied with all requirements and procedures of Florida law
in processing and advertising this Ordinance.

(b). This Ordinance is internally consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Oviedo.

(c). The exhibits to this Ordinance are incorporated herein as if fully set forth herein
verbatim.

SECTION 2. AMENDMENT TO THE FUTURE LAND USE MAP.

(a) The Future Land Use Element of the Comprehensive Plan of the City of Oviedo and
the City’s Future Land Use Map are hereby amended by assigning the property described in Exhibit
A to this Ordinance and depicted in Exhibit B to this Ordinance the Downtown Mixed Use (DMU) –
New Downtown Sub-Area land use designation and Public land use designation said property being
currently assigned the Downtown Mixed Use (DMU) – South of Mitchell Hammock Road Sub-Area
land use designation and Rural (R) land use designation. Exhibit C depicts the currently assigned
future land use designations, and Exhibit D depicts the proposed future land use designation.

(b). All exhibits to this Ordinance are incorporated into the text and substance of this
Ordinance as if fully set forth herein verbatim.

SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager is

hereby authorized and directed to take such actions as he may deem necessary and appropriate in
order to implement the provisions of this Ordinance. The City Manager may, as deemed appropriate,
necessary and convenient, delegate the powers of implementation as herein set forth to such City
employees as deemed effectual and prudent.

SECTION 4. SAVINGS. The prior actions and activities of the City of Oviedo relating to
the comprehensive planning and land development regulatory programs and actions of the City are
hereby ratified and affirmed.

SECTION 5. SCRIVENER’S ERRORS. The sections, divisions and provisions of this

Ordinance may be renumbered or re-lettered as deemed appropriate by the Code codifier.
Typographical errors and other matters of a similar nature that do not affect the intent of this
Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the
endorsement of the City Manager, or designee, without the need for a public hearing.

SECTION 6. CONFLICTS. All ordinances or part of ordinances in conflict with this

Ordinance are hereby repealed, provided, however, that any code or ordinance that provides for an
alternative process to effectuate the general purposes of this Ordinance shall not be deemed a
conflicting code or ordinance.

SECTION 7. SEVERABILITY. If any section, sentence, phrase, word, or portion of this

Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be
held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word,
or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional.

SECTION 8. EFFECTIVE DATE. The large-scale amendment to the City's

Comprehensive Plan as set forth herein shall not become effective, in accordance with Section
163.3187 (5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged
within 30 days after enactment, the large-scale amendment set forth in this Ordinance shall not
become effective until the State Land Planning Agency or the Administration Commission,
respectively, issues a final order determining that the subject large-scale amendment is in compliance
with controlling State law.

FIRST READING: ________September 16, 2019________

SECOND READING: ________________________________

PASSED AND ADOPTED this ______ day of _______________________, 2019.

__________________________________________
DOMINIC PERSAMPIERE
MAYOR of the City of Oviedo, Florida
ATTEST:

_____________________________
BARBARA J. BARBOUR
CITY CLERK

Ordinance No. 1682

Page 2 of 6
Exhibit A: Legal Description

SEC 22 TWP 21S RGE 31E

N 1/4 OF NE 1/4 + E 5/8 OF
S 1/2 OF N 1/2 OF NE 1/4
(LESS RD), Public Records of Seminole County, Florida.
Containing 61.24 acres more or less and being subject to any rights-of-way, restrictions, conditions
and easements of record.

Ordinance No. 1682

Page 3 of 6
Exhibit B: Subject Property Location Map

Ordinance No. 1682

Page 4 of 6
Exhibit C: Current Future Land Use Map

Ordinance No. 1682

Page 5 of 6
Exhibit D: Proposed Future Land Use Map

Ordinance No. 1682

Page 6 of 6