Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 23-43, An Ordinance of the City of Port St. Lucie, Florida, Amending the Comprehensive Plan of the City of Port St. Lucie to Provide a Large-Scale Amendment Consisting of Text Amendments to the Future Land Use Element by Amending Figure 1-6 as Requested by ACR Acquisition, LLC (P21-128)
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Submitted By: Bridget Kean, AICP, Senior Planner
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): This is the transmittal hearing for a large-scale comprehensive plan text amendment to amend Figure 1-6 of the Future Land Use Element. Figure 1-6 is the conceptual land use plan for the Wilson Groves NCD land use district. The application was submitted on behalf of ACR Acquisition, LLC, as the developer of the Wilson Groves DRI. The Wilson Groves NCD District is comprised of 57 acres of Neighborhood/Village Commercial land use sub-district, 566 acres of Mixed-Use land use sub-district, and 1,876 acres of Residential land use sub-district. The proposed text amendment will amend Figure 1-6 to adjust the locations for the Residential, Mixed Use, and Neighborhood/Village Commercial sub-districts to accommodate proposed revisions to the development plan for the Wilson Groves DRI. Under the proposed amendment to Figure 1-6, the 566 acres of Mixed-Use land use will be located along the south side of Becker Road, north of the C-23 Canal, and east and west of the FPL right of way in the area designated as Parcel D. Residential development will be located on Parcels A, B, C, E, and F. Neighborhood/Village Commercial land use will be primarily located at the intersection of Becker Road and N/S A. In addition to revising the land use locations, the proposed amendment to Figure 1-6 labels E/W 4 as consisting of a roadway and a Paseo. It is staff’s understanding that the applicant is proposing to construct the Paseo within the 150 foot wide City owned road right-of-way for E/W 4 and the Paseo would include a 16-foot-wide low speed vehicle path and a 12-foot-wide multi-use path.
There is an associated application to amend the Wilson Groves Development of Regional Impact (DRI) (P21-127). The applicant is only proposing to amend Map H of the Wilson Grove DRI Development Order (Exhibit “D” of Resolution 11-R01) to adjust the locations for the Residential, Mixed Use, and Neighborhood/Village Commercial sub-districts in accordance with the proposed changes to Figure 1-6. No changes are proposed to any of the DRI development order conditions (Exhibit “B” of Resolution 11-R01) including any of the conditions related to transportation improvements.
The City received a letter from Shubin and Bass dated June 2, 2023, on behalf of Riverland/Kennedy II, LLC, which identified concerns and issues that they have with the proposal. That letter was provided to the Planning and Zoning Board and entered into the record as part of the PZB hearing, but it was not peer reviewed prior to the Planning and Zoning Board hearing.
When the proposed comprehensive plan text amendment went before the Planning and Zoning Board at the June 6, 2023 Planning and Zoning Board hearing, the amendment received a recommendation for approval based on staff’s recommended conditions of approval which were finalized prior to the receipt of the June 2, 2023 Shubin and Bass letter. One of staff’s recommended conditions of approval was for the City to undertake the monitoring provided for under Section 15.B when the City deemed a monitoring analysis was necessary for the developer’s obligated roadways and for the developer to reimburse the City for cost of the monitoring analysis.
On June 9, 2023, O’Rourke Engineering & Planning submitted a letter with updated Table 4 and maps into the record on behalf of the applicant, ACR Acquisitions. The City then tasked Marlin Engineering, Inc., our third party consultant with reviewing the June 2nd letter from Shubin and Bass and the June 9, 2023, O’Rourke Engineering & Planning letter in the context of the overall project review that they had already completed for this project. Marlin Engineering provided their comments in a memo dated June 14, 2023. The Public Works Department issued an updated traffic memo on June 16, 2023.
Both the Public Works Department and Marlin Engineering’s reviews of the applicant’s traffic submittals have consistently raised concerns about impacts to Becker Road from the applicant’s proposal to locate all 566 acres of the Mixed-Use land use sub-district on the south side of Becker Road as part of this land use amendment. The reviews showed that the proposed land use configuration will result in a need for additional road widening for Becker Road prior to any of the transportation conditions in the Wilson Groves DRI being triggered. As noted in the June 16, 2023 Public Works traffic memo, beyond the currently under construction Becker Road extension project, no additional roadway improvements are required to be constructed in the current Wilson Groves DRI until 2,200 dwelling units or 2,573 p.m. peak hour trips, whichever comes last. At that trigger, Wilson Groves is required to construct the initial 2 lanes of N/S A from Becker Rd to E/W 3 (Marshall Parkway), and E/W 3 from Range Line Road to N/S B (Riverland Blvd), as outlined under Condition 19 of the Wilson Groves DRI (Table 2). The Public Works Department and the City’s 3rd Party Traffic Consultant have determined from these analyses that widening of Becker Road is likely to be required prior to the Wilson Grove DRI triggers. The City’s 3rd Party Traffic Consultant review further suggested Becker Road would probably have to be widened to 6 lanes both within the Wilson Grove DRI and east of N/S “B”. Concurrently, no developer is obligated to widen the entirety of Becker Road from four lanes to six lanes which could lead to the City having to fund that improvement.
At the request of the applicant, this application to amend Figure 1-6 was first scheduled for the April 4, 2023 Planning and Zoning Board meeting. As part of the review of the application, staff recommended the addition of a new policy in the City’s comprehensive plan to require Wilson Groves to construct the first two lanes of N/S A from Becker Road north to E/W 3 (Marshall Parkway) and the first two lanes of E/W 3 (Marshall Parkway) from N/S A to N/S B (SW Riverland Blvd) prior to the completion of 2,200 dwelling units in order to ensure alternative roadway connections in a timely manner and to help address potential impacts to the level of service on Becker Road. Staff’s proposal also removed the ability to utilize the trip generation option for triggering the construction of the first two lanes of these roadways for residential development. Residential development would be based on number of dwelling units for the first two lanes of roadway construction to ensure the construction of new roads for additional connectivity that provides alternative routes for ingress/egress and emergency access.
When the applicant was presented with this condition, they recommended the project be tabled to the May 2, 2023 Planning and Zoning Board meeting. The applicant also submitted an update to their traffic study for the City’s 3rd Party Consultants’ review. In the staff reports for the May 2, 2023 Planning Board meeting, staff again recommended changes to both the City’s comprehensive plan and to the Wilson Groves DRI to require Wilson Groves to construct the first two lanes of N/S A from Becker Road north to E/W 3 (Marshall Parkway) and the first two lanes of E/W 3 (Marshall Parkway) from N/S A to N/S B (SW Riverland Blvd) prior to the completion of 2,200 dwelling units in order to ensure alternative roadway connections in a timely manner and to address potential impacts to the level of service on Becker Road. Once again, the applicant requested the project be tabled to the June 6, 2023 Planning and Zoning Board meeting to allow time for the City’s 3rd Party Traffic consultant to review the applicant’s updated traffic study.
For the June 6, 2023 Planning and Zoning Board meeting and following the 3rd party consultant’s review of the applicant’s April 18, 2023 traffic submittal, staff revised its recommendations of approval from requiring additional road construction before 2,200 dwelling units to requiring monitoring of the roadway network as provided for in Condition 15 of the Wilson Groves DRI development order. Condition 15 does provide for the City to require the developer to undertake monitoring to ascertain the level of service on transportation facilities within the DRI in order to determine whether the date or trip threshold by which a transportation improvement required by the DRI should be accelerated. Staff recommended a revision to this condition to provide for the City, through a 3rd Party Consultant, to undertake the monitoring when the City deemed the monitoring was required and for the applicant to reimburse the City for the cost. The revised monitoring condition would give staff the data needed to require additional roadway improvements. The change in staff’s recommendation was due to the City’s 3rd Party Traffic consultant’s concerns that additional roadway construction and connectivity may not alleviate all level of service concerns for Becker Road from the applicant’s proposal to relocate all 566 acres of mixed-use development on one roadway. Staff removed the requirement to construct specific roadway segments because the data did not guarantee that was the solution.
The concerns Marlin identified about potential impacts to the level of service on Becker Road were further substantiated in Simmons and White’s review of the applicant’s traffic study contained in the Shubin and Bass June 2, 2023 letter. The engineering firm of Simmons and White is the traffic consultant for GL Homes. Simmons and White findings pointed to a potential increase in traffic on Becker Road that would trigger requirements for the widening of the entire length of Becker Road and not just the portion of the road that is within the Wilson Groves DRI.
While the Simmons and White review raised similar concerns about impacts to level of service on Becker Road from the proposed land use change, their recommendations differed from the City’s 3rd Party Consultant’s review. The Simmons and White review did not support the reliance on monitoring to address future transportation impacts. Simmons and White’s recommendations are included in the Shubin and Bass letter. As noted, the Simmons and White’s findings and the June 9, 2023 O’Rourke Engineering & Planning letter were reviewed by the City’s 3rd Party traffic consultant (June 14, 2023 review) and Public Works provided an updated traffic memo on June 16, 2023.
Staff now has traffic reviews from two professional consulting firms identifying concerns related to level of service concerns on Becker Road as a result of the proposed land use amendment and staff has no certainty of when additional roadway connections will be completed to provide alternative routes for vehicular traffic. Given that the applicant does not want to make any changes to the transportation conditions in the Wilson Groves DRI development order, staff is no longer convinced that this application to amend Figure 1-6 is in the best interests of the City. As such, staff can no longer support a recommendation of approval to transmit the proposed amendment to the Department of Economic Opportunity (DEO) for review.
As a result of the subsequent reviews of the applicant’s traffic study, uncertainties surrounding the potential impacts to the level of service on Becker Road from the proposal to locate all 566 acres of the Mixed-Use land use sub-district on the south side of the roadway, the direction from City Council at the February 2023 winter workshop presentation of the Southwest Annexation Area Traffic Study regarding the need to prioritize the timely completion of the two lane roadway network for connectivity and public safety, and the applicant’s desire to proceed with the applications with no changes to any of the transportation conditions listed in the Wilson Groves DRI, the Planning and Zoning Department has revised its recommendation from the Planning and Zoning Board hearing and now recommends denial of the application. The City may be better served with a revised submittal that does not concentrate all 566 acres of the Mixed-Land use sub-district along one roadway or with development of the project as currently approved.
If there is an alternative motion by the City Council to approve the proposed amendment for transmittal to DEO (state land planning agency), then Planning staff would recommend that the approval be conditioned on the recommendations in the Public Works Department memo dated June 16, 2023 and Planning staff’s recommended changes to Figure 1-6( Revised Exhibit “A”). The recommended conditions are as follows:
1. The developer must reimburse the City for the City’s consultant to conduct a monitoring analysis when deemed necessary by the City for the developer’s obligated roadways.
2. Removal of all references to a Paseo along E/W 4 right-of-way as reflected on Revised Exhibit “A”.
3. To address decreased level of service concerns, Wilson Groves should be required to construct the first two lanes of N/S A from Becker Road north to Marshall Parkway and the first two lanes of Marshall Parkway from N/S A to N/S B prior to the completion of 2,200 dwelling units. This condition removes the ability to utilize the trip generation option for triggering the construction of the first two lanes of these roadways for residential development and is consistent with the Council policy to support the construction of the full two-lane roadway network as reflected on Exhibit “B” Proposed Policy 1.2.11.6
4. The removal of the notes from Figure 1-6 as reflected on Revised Exhibit “A”.
The proposed recommendations have been incorporated into the adopting ordinance.
Presentation Information: Staff will provide a Revised presentation.
Staff Recommendation: Move that the Council deny the proposed amendment based on the concerns outlined in the agenda memo, the Public Works memo dated June 16, 2023, the City’s 3rd Party Traffic Consultant reviews, and the Simmons and White traffic study review included in the Shubin and Bass letter dated June 2, 2023.
Alternate Recommendations:
1. Move that the Council amend the recommendation and adopt the ordinance as recommended by the Planning and Zoning Board and subject to the conditions listed below:
a. The developer must reimburse the City for the City’s consultant to conduct a monitoring analysis when a monitoring analysis is deemed necessary by the City for the developer’s obligated roadways.
b. The adoption of Revised Exhibit “A”, Staff Recommended Changes to Proposed Figure 1-6.*
c. The adoption of Exhibit “B”, Proposed Policy 1.2.11.6 of the Future Land Use Element.
2. Move that the Council table the ordinance and provide staff direction.
*(includes staff recommended changes to Figure 1-6)
Background: The Planning and Zoning Board recommended approval with conditions of the proposed comprehensive plan amendment at the June 6, 2023 Planning and Zoning Board meeting. The conditions are as follows:
1. The adoption of Revised Exhibit “A” depicting staff recommended changes to Figure 1-6.
2. The developer shall reimburse the City for the City’s consultant to conduct a monitoring analysis when a monitoring analysis is deemed necessary by the City for the developer’s obligated roadways as recommended by the Public Works Department.
Wilson Groves is an approved Development of Regional Impact (DRI) that is located west of Interstate 95, east of Range Line Road, north of the C-23 canal and immediately south and west of the Riverland Kennedy DRI. The Wilson Groves DRI is approximately 2,499 acres in size. Wilson Groves is approved for: 7,700 residential units; 765,000 square feet of retail use; 1,583, 250 square feet of office use; 1,361,250 square feet of light industrial use; 382,872 square feet of institutional and civic use; two K-8 school sites, and 90 acres for parks. Wilson Groves is also required to dedicate a 50 acre civic site per the fourth amendment to the SW Annexation Agreement. Florida Power and Light owns 47 acres, which consists of a 200 foot wide right-of-way that runs through the middle of the property. No development will take place on the FPL property, other than roads.
Issues/Analysis: An updated traffic study was submitted with the proposed comprehensive plan amendment and the proposed 3rd Amendment to the Wilson Groves DRI (O’Rourke Engineering Wilson Groves Map H Amendment, as subsequently amended). The traffic study was reviewed by the Public Works Department and the City’s 3rd Party Traffic Consultant, Marlin Engineering. The traffic study review was conducted to determine if the proposed relocation of the land uses as depicted on proposed Figure 1-6 of the comprehensive plan and proposed Map H of the Wilson Groves DRI could be accommodated with no changes to the transportation conditions in the Wilson Grove DRI development order (Resolution 11-R01). The City’s 3rd Party consultant’s review found that the proposed changes to Figure 1-6 could be accommodated within the planned roadway network for Wilson Groves at time of buildout and construction of all required transportation improvements. Prior to buildout and construction of all required transportation improvements, the review indicated a decreased level of service at certain locations, which could result in a need for additional road widening prior to the triggers being met in the Wilson Groves DRI for new roadway improvements.
Beyond the currently under construction Becker Road extension project, no additional roadway improvements are required to be constructed in the current Wilson Groves DRI until 2,200 dwelling units or 2,573 p.m. peak hour trips, whichever comes last. At that trigger, Wilson Groves is required to construct the initial 2 lanes of N/S A from Becker Rd to E/W 3 (Marshall Parkway), and E/W 3 from Range Line Road to N/S B (Riverland Blvd), as outlined under Condition 19 of the Wilson Groves DRI (Table 2). The Public Works Department and the City’s 3rd Party Traffic Consultant have determined from the analyses that widening of Becker Road is likely to be required prior to the Wilson Grove DRI triggers. The City’s 3rd Party Traffic Consultant review further suggested Becker Road would probably have to be widened to 6 lanes both within the Wilson Grove DRI and east of N/S “B”.
On June 2, 2023, the City received a letter from the law firm of Shubin and Bass on behalf of Riverland/Kennedy II, LLC, (GL Homes) as the developer of the Riverland Kennedy DRI. The letter was entered into the record for the June 6, 2023 Planning and Zoning Board meeting. The letter included a review of the applicant’s traffic study by the engineering firm, Simmons and White as the traffic consultant for GL Homes. Simmons and White review also raised concerns about the increase in traffic on Becker Road caused by the proposed land use amendment and the lack of certainty in the application as to when additional roadways will be constructed to alleviate impacts to Becker Road. In Simmons and White’s opinion, the City should not rely on monitoring to address transportation impacts but require certain conditions of approval to guarantee the construction of the initial 2-lane roadway network required by the Wilson Groves at a time certain rather than the current ability to utilize dwelling units or p.m. peak hour trips, whichever comes last.
On June 9, 2023, O’Rourke Engineering submitted additional traffic information on behalf of the applicant. Marlin Engineering reviewed the June 2, 2023 submittal from Shubin and Bass and provided an updated traffic memo dated June 14, 2023.
City staff has discussed the proposal to include a Paseo within the 150 feet of city owned road right-of-way for E/W 4 with the applicant. The Paseo is not a listed improvement in the Wilson Grove DRI development order. Based on the transportation improvements currently required by the Wilson Grove DRI development order (Res. 11-R01), E/W 4 will be a four laned roadway at the time of buildout. With no conceptual drawings or sections, City staff cannot determine if the proposed Paseo and 4-laned roadway will fit within the right-of-way and does not recommend the inclusion of the Paseo on a map or land use plan at this time. If the developer of the Wilson Groves DRI wants to propose a Paseo in city owned right-of-way, the developer should be required to amend the DRI development order to identify the Paseo as a permitted improvement in the Wilson Groves DRI prior to the inclusion of the Paseo on Figure 1-6.
Staff recommends the removal of two notes that are included on Figure 1-6. These notes pertain to development and indicate that the changes can be made to the location of development that may be different from what is currently depicted on Figure 1-6. These notes are unnecessary and somewhat misleading. All development has to be consistent with Figure 1-6. Any changes must go through the amendment process.
Financial Information: N/A
Special Consideration: The Public Works Department’s review, the City’s 3rd Party Traffic Consultant review, and the Simmons and White review of the applicant’s traffic study reached similar conclusions about the impacts to Becker Road from the proposed land use amendment. In addition, the Public Works Department review, the City’s 3rd Party Traffic Consultant review, the Southwest Annexation Area Traffic Study, and the Simmons and White review of the applicant’s traffic study all identified the benefit to the city from the completion of the roadway network, and that the completion of the roadway network would help mitigate the potential overburdening of Becker Road to some degree.
Location of Project: The property is generally located north of the C-23 Canal and east of Range Line Road. It is bounded to the north and east by the Riverland Kennedy DRI.
Attachments:
1. Ordinance
2. Exhibit “A” (includes staff’s recommended changes to Figure 1-6)
3. Exhibit “B” Proposed Policy 1.2.11.6
4. Staff Report
5. Exhibit “A” of the Staff Report, Existing Figure I-6
6. Exhibit “B” of the Staff Report, Proposed Figure 1-6
7. Revised Exhibit “B” of the Staff Report, Staff Recommended Changes to Proposed Figure 1-6
8. Exhibit “C” of the Staff Report, Map TRN 12 SW Annexation Roadway Plan
9. Applicant’s Request
10. Application and Authorization
11. O’Rourke Engineering Traffic Analysis Wilson Groves Map H Amendment, revised April 18, 2023
12. City’s 3rd Party Traffic Consultant’s Review
13. Public Works Traffic Memo dated 5.23.2023
14. Shubin and Bass GL Letter w. enclosures dated 6.02.2023
15. O’Rourke Engineering Response to GL Letter dated 6.09.2023
16. City’s 3rd Party Consultant Review of GL Letter dated 6.14.2023
17. Public Works Updated Traffic Memo dated 6.16.2023
18. Warranty Deed
19. Reference - City 3rd Party Consultant Southwest Annexation Area Study Final Draft with Appendix Revised 12 5 2022
20. Reference - Wilson Groves DRI Res. 11-R01
21. Reference - Verbatim Request of Marlin Engineering Traffic Study Public Comments from the February 22, 2023 City Council Winter Workshop
22. Staff Presentation
23. GL Intervenor Presentation 6/26/23
24. 6/26/23 ACR Acquisitions presentation
25. Presentation ACR Acquisitions Ordinance 23-42 Duhy
26. GL Intervenor Presentation 6/26/23
27. July 21, 2023 letter O’Rourke Engineering and Planning
28. July 24, 2023 Email Wilson Grove Road Triggers
29. July 25, 2023 CM Response Letter
30. July 26, 2023 Wilson Grove Response to CM Letter
31. Revised Staff Presentation for 8/7/23
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 6666
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.