HomeMy WebLinkAbout1996 08 26 Regular Item C
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COMMISSION AGENDA
ITEM
c
REGULAR X
CONSENT
INFORMATIONAL
August 26, 1996
Meeting
MGR.//~ IDEPT~
,
Authorization
REQUEST:
Community Development Division requests consideration of proposed first
reading of an Ordinance to change the Future Land Use Map designation
of a certain parcel known as the Morrison property from "Commercial" to
"Lower Density Residential" (1. 1 to 3.5 DUper acre).
PURPOSE:
The purpose of this Board item is to hold a first reading at a Public Hearing of a proposed
ordinance to change the designation on the Future Land Use Map in the City's
Comprehensive Plan of a certain parcel known as the Morrison property (and more fully
described in the attached proposed ordinance) from Commercial to Lower Density
Residential.
APPLICABLE LA WfPUBLIC POLICY:
The provisions of 163.3187(1)(c) F.S. which states in part "Any local government
comprehensive plan amendments directly related to proposed small scale development
activites may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan."
A local government is not required to comply with the requirements of 163.3184(15)(c)
F.S. concerning the holding of two (2) public hearings for adoption of a small scale
amendment if the local government complies with the provisions of 166,041(3)(c) F.S. for
a municipality [i.e. no transmittal public hearing to send the amendment to the Florida
Department of Community Affairs].
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August 26, 1996
AGENDA ITEM C
Page 2
CONSIDERATIONS:
*
The applicant plans to develop a single-family residential subdivision on the site.
The site is located on the south side of the S.R. 434 Corridor.
.,.
The S.R. 434 Corridor has been designated on the Future Land Use Map in the
City's Comprehensive Plan for commercial uses in that general area.
*
The City's Comprehensive Plan was adopted on April 27, 1992 after a NOTICE
OF INTENT by the Florida Department of Community Affairs finding the City's
plan to be consistent with the state comprehensive plan, regional policy plan, and
the requirements of 9J-5 Florida Administrative Code.
*
Applicant states that "As a result ofFDOT's taking of roadway frontage and
retention pond for the State Road 434 expansion to the east of this parcel, this site
has been rendered unsuitable for commercial use. Full access to the site has been
eliminated by the design of State Road 434 with the resulting access limited to a
right in/out only. Due to the change in character of the site, a single family
subdivision represents a more feasible use of the property."
*
S.R. 434 is an arterial roadway as classified by the Florida Department of
Transportation.
*
As stated in the City's Comprehensive Plan [Volume 1 of 2, page TC 2], "A
residential street functions only to serve a local residential community and does not
connect any higher classified roadways." i.e. arterials and freeways.
*
A review of the City's Future Land Use Map suggests that the intention of the
Comprehensive Plan was to encourage the location of commercial development
abutting certain principal streets (arterials) that are "intended to serve moderate to
large traffic volumes travelling relativly long distances," Such roads are
appropriate for commercial development. Objective H of the Traffic
Circulation Element of the Comprehensive Plan lends support for this view in the
statement "Ensure that current and future rights-of-way are protected from
encroachment from structures or ancillary uses inconsistent with the designation of
rights-of-way. "
.
August 26, 1996
AGENDAITEM C
Page 3
*
Berryman and Henigar has represented the City in discussions with the Florida
Department of Transportation (FDOT) on the potential for allowing a two-way
median cut rather than access limited to a right in/out only for the purpose of
improving the marketability of the property for commercial use. FDOT stated it is
willing to grant a full median cut to resolve the concern of the applicant that the
property is not vaible for commercial use because "the full access to the site has
been eliminated by the design of S.R. 434 with the resulting access limited to a
right in/out only,"
*
The allocations of land for commercial uses in the Comprehensive Plan was based
upon two factors:
1. The need for various commercial uses to service the projected population
of the City.
2. To help insure that municipal services needed to service the projected
population could be financed from the yield of revenue generated by the
mix of land uses in the Comprehensive Plan.
Economic information contained in the attachment estimates that the subject
property as designated commercial in the Comprehensive Plan would yield as
much as three times the annual yield of revenues as compared to the proposed
single-family land use.
LAND USE
T AX YIELD
Professional Office
Retail
Apartments
Single Family
44,683
30,148
26,057
15,550
The economic data suggests that the highest and best use of the subject property
from a revenue generation perspective would be Office Professional. Office
Professional would also be a very compatible use with the adjacent Winding
Hollow residential neighborhood.
To retain (not to change) the Future Land Use Map designation of Commercial
would help ensure the economic viability of the City. A greater Ad Valorem Tax
yield would result from commercial development of the property than if the
property were to be developed as single family residential. In addition, the
commercial property would generate sales tax to the benefit of the City along with
license and permit fees.
August 26, 1996
AGENDAITEM C
Page 4
*
To retain (not to change) the Future Land Use Map designation of Commercial
would ensure consistency and compatibility of land use with adjacent parcels along
the S.R. 434 roadway,
*
The staff has reviewed the alternative of a Mixed Use land use designation, and
the associated PUD zoning and notes that this arrangement would give the
property owner and developer the flexibility to use the property both for
commercial and residential uses, without creating a major deviation from the
Comprehensive Plan, providing a tax base more in line with the existing
commercial land use designation, and providing for an excellent transition land use
between the commercial development and the Winding Hollow residential
community.
FINDINGS:
1. The proposal is not consistent with the Comprehensive Plan which designates
Commercial Land Use for the subject property, and which reflects the concept of
State Road 434 being a commercial corridor.
2. To amend the Comprehensive Plan, the City Commission would need to find
compelling land use related~reasons upon which to make that decision. For
example:
a. The existence of other residentially designated parcels along or in near
proximity to the corridor that would be adversely affected by maintaining
the current "Commercial" Future Land Use designation for this parcel.
In this case there are none. Winding Hollow subdivision is near the
corridor, but set back approximately one-thousand fifty (1,050) feet from
the right-of-way. There is a one-hundred ten (110) foot Florida Power
easement that separates the residential lots of the Winding Hollow
subdivision from the Morrison property. This easement provides an
effective buffer between the residential subdivision and the Morrison
property. These factors were taken into consideration during the
development of the City's Comprehensive Plan when the parcel was
designated "Commercial" on the Future Land Use Map (FLUM) ,
The applicant has failed to provide evidence that maintaining the Future
Land Use designation of commercial for this parcel would have any
adverse effect on residential areas in proximity of the subject parcel.
August 26, 1996
AGENDAITEM C
Page 5
b. Failure of Florida Department of Transportation (FDOT) to permit
utilization of the S.R. 434 right-of-way in a manner compatible with the
current "Commercial" Future Land Use designation in the Comprehensive
Plan.
In this case the applicant has failed to make a persuasive case for this test
since FDOT has communicated that it will permit access compatible with
commercial use, i.e., full median cut in front of the property.
c. Preservation of the current Future Land Use Map designation of
"Commercial" in the Comprehensive Plan would render the property to be
of no economic value to the property owner.
In this case the applicant has failed to make a persuasive case that
preservation of the commercial land use designation would deprive the
applicant of a reasonable economic value of his property. The case made
by the applicant has been focused upon market timing issues, i,e" current
soft market conditions for commercial uses, and timing of sale, i.e., the
availability of existing buyers. Recent reports reflect that market
conditions for commercial uses is firming. Additionally, it is reasonable to
assume that completion of improvements to S,R. 434 will have a positive
impact on commercial market conditions along the S,R. 434 Corridor,
As stated previously, the economic value of the property with the land use
designation of "Commercial" is substantially greater than the economic
value of the proposed request. Finally, although the City desires to
cooperate with developers and land owners when possible to facilitate a
sales, or development opportunity, timing of sale cannot form the basis of a
rationale for changing the land use and zoning provided for in the City's
Comprehensive Plan.
CONCLUSION:
Based upon "planning criteria", the applicant has failed to make a persuasive case
that would allow the City Staff to find the proposal to be consistent with the
Comprehensive Plan.
August 26, 1996
AGENDAITEM C
Page 6
AL TERNA TlVES:
The Commission has three alternatives based on the staff report and additional
information that may be provided at this public hearing:
1. Recommend denial of the proposal based on the staff report.
2. Based upon the staff report, recommend approval of the alternative
providing for the parcel to be designated "Mixed Use" on the Future Land
Use Map and rezone the parcel to Planned Unit Development (PUD), with
the understanding that the front portion of the parcel (approximately 300
feet) will be commercial and the rear portion will be residential, as a means
of making the proposal more consistent with the proposed plan of
development provided for in the Comprehensive Plan, more economically
viable, and providing an excellent residential transition to the Winding
Hollow residential subdivision adjacent to the south, This alternative
should be contingent on development and execution of a Development
Agreement between the applicant and the City setting out the conditions
for the development of the property in a manner that is most consistent
with the intent of the Comprehensive Plan and the SR 434 Visioning
Program.
3. Based on new information presented at this Public Hearing, find that the
proposal as presented by the applicant meets one or more of the three (3)
tests discussed earlier, i,e.:
(1) Existing residential parcels in proximity of the subject parcel
will be adversely affected by preserving the current
"Commercial" designation on the Future Land Use Map.
(2) Failure of Florida Department of Transportation (FDOT) to
permit utilization of the right-of-way in a manner
compatible with the current Future Land Use designation of
"Commercial" in the Comprehensive Plan prohibits the
development of the property as provided in the current
Comprehensive Plan,
August 26, 1996
AGENDA ITEM C
Page 7
(3) Preservation of the current Future Land Use Map
"Commercial" land use designation in the
Comprehensive Plan would render the property to
be of no economic value to the property owner,
or, other valid planning criteria that can form the basis for the proposal in a
manner consistent with the City's Comprehensive Plan.
RECOMMENDATION:
1. Staff recommends that the City Commission deny the request of Donald McIntosh
Associates, representing the Morrison Property, for a change of Future Land Use
designation from "Commercial" to "Lower Density Residential" on the subject
property based upon the findings of this report
2. In the alternative, Staff recommends, contingent upon the successful execution of
a Development Agreement between the applicant and the City, that the subject
property be designated "Mixed Use" on the Future Land Use Map as a means of
making the project more economically viable, providing an excellent residential
transition to the Winding Hollow residential subdivision adjacent to the south,
giving the property owner and developer more flexibility to use the property, and
providing for a land use change more consistent with that currently provided for in
the City's Comprehensive Plan.
The property would be rezoned to Planned Unit Development (PUD) with the
understanding (through a Developer's Agreement) that:
*
the front portion of the parcel (approximately 300 feet wide by 200 feet
deep on the northwest portion of the combined Leffler and Morrison
parcels) will be commercial and the balance will be residential;
*
A wall will be required between the commercial and residential and S.R.
434 right-of-way and the residential land uses,
The Local Planning Agency passed the following motion as a recommendation:
All of the land within the city limits of Winter Springs starting with the Florida
Department of Transportation retention pond, proceeding westward, including the Leffler
request for future land use change, the Leffler request for future land use change, and
what is designated on the copy before him as Lots # 8 and # 9B, that the future land use
be lower density residential. The city can do an appropriate legal and otherwise
investigative background and notification,
August 26, 1996
AGENDAITEM C
Page 8
IMPLEMENTATION SCHEDULE:
This Ordinance shall take effect thirty-one (31) days after its final passage and adoption in
accordance with 163.3 1 87(3)(a) F.S.
ATTACHMENTS:
I, Location Map of Morrison property.
2. Staff Report
3. Ordinances: Commercial to Lower Density Residential; Commercial to Mixed Use,
COMMISSION ACTION:
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STAFF REPORT:
In accordance with the requirements of 163.3187(c) Florida
statutes, presented below is a proposed change to the Future Land
Use Map of the City's Comprehensive Plan.
SlVI-CPA-2-96
SMALL SCALE COlVIPREHENSIVE PLAN AlVIENDlVIENT
I. SUMMARY:
APPLICANT:
Donald W. McIntosh Associates, Inc.
2200 Park Avenue North
winter Park, FL 32789
(407) 644-4068
OWNER:
William H. Morrison, Trustee
7100 South U.s. 17/92
Fern Park, FL 32730
REQUEST:
For change of Future Land Use designation from "Commercial" to
"Lower Density Residential".
PURPOSE:
Applicant plans to develop a single-family residential
subdivision (no more than 25 units) on the site. Applicant
further states that "As a result of FDOT's taking of roadway
frontage for S.R. 434 expansion, this site has been rendered
unsuitable for commercial use. Full access to the site has
been eliminated by the design of S.R. 434 with the resulting
access limited to a right in/out only. Due to the change in
character of the site, a single family subdivision represents
a more feasible use of the property."
'\
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PROPERTY:
Location: Approximately 954 feet west of Winding Hollow
Blvd., and extending further west with a frontage of 265 feet
on the south side of S.R. 434. The south property line abuts
the Florida Power easement.
Leqal Description:
THAT PORTION OF LOT "F", CHASE AND COMPANY'S SUBDIVISION OF
WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
6, PAGE 64 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND RUN N 07 00'
49" W ALONG THE WEST LINE OF SAID LOT "F" FOR A DISTANCE OF
822.14 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE
ROAD 434 AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 83 53'17" E ALONG SAID
RIGHT-OF-WAY LINE FOR A DISTANCE OF 264.93 FEET; THENCE RUN
S 07 00'49" E FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH LINE OF SAID LOT "F"; THENCE RUN S 83 53'16" W ALONG
SAID LINE FOR A DISTANCE OF 264.93 FEET TO THE POINT OF
BEGINNING. CONTAINING 5.0 ACRES MORE OR LESS AND BEING
SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASEMENTS OF
RECORD.
ACREAGE:
+/- 5.000 acres
EXISTING LAND USE:
Vacant, open field.
ADJACENT USES:
North:
vacant, open field.
South:
Florida Power easement, and Winding Hollow
single family residential subdivision.
East:
vacant, open field.
West:
vacant, wooded area (Lot 8)..
FUTURE LAND USE DESIGNATION:
Existinq:
Commercial.
Requested:
Lower Density Residential.
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ADJACENT FUTURE LAND USE DESIGNATIONS:
North:
Mixed Use.
South:
Lower Density Residential, and Recreation
East:
commercial.
West:
Commercial.
ZONING:
Existinq:
R-U "Rural Urban" Dwelling District.
NOTE: R-U District eliminated per Policy 1 of
Obj ecti ve A under Goal 3 of the Land Use
Element of the Comprehensive Plan. RC-l
"Single Family Dwell'ing" District (with
minimum 1 acre lot size) substitutes in place
of R-U.
Requested:
R-l "One Family Dwelling District" (with 6,600
sq. ft. minimum lot size).
ADJACENT ZONING:
North:
PUD "Planned unit Development"
South:
R1A "Single Family Dwelling District" (with a
minimum lot size of 8,000 sq. ft.).
East:
R-U "Rural Urban" Dwelling District.
West:
C-l "Neighborhood Commercial" District.
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of access:
S.R. 434 is the only access to this property.
b. Functional Classification:
S.R. 434 is presently a two lane arterial roadway.
S. R. 434 will be widened to four lanes in the
vicini ty of the frontage of this property. As
defined in the City's Comprehensive Plan [Volume 1
of 2, page TC 2], Arterials are "Intended to serve
moderate to large traffic volumes travelling
relatively long distances, arterials require higher
speeds and levels of service. Access should be
well controlled and, in general, limited to
collector streets and highways. The arterial
system should form a continuous network designed
for a free flow of through traffic." (This
definition is consistent with the Florida
Department of Transportation definition) .
NOTE: As
[Volume 1
functions
community
classified
stated in the City's Comprehensive Plan
of 2, page TC 2], "A residential street
only to serve a local residential
and does not, connect any higher
roadways." i.e. arterials and freeways.
c.
Improvements/expansions (includinq
acquisition) already proqrammed or
result of the proposed amendment.
riqht-of-wav
needed as a
The roadway into the residential subdivision will
be required to be paved as per Sec. 9-149 City Code
which states: At least one (1) street leading to a
development and all streets wi thin a development
shall be paved.
NOTE: Berryman & Henigar, Inc. has represented the
city in discussions with the Florida Department of
Transportation, (FDOT) on the potential for allowing
a two way median cut rather than access limited to
a right in/out only for the purpose of improving
the marketability of the property for commercial
use. During the discussions with Mr. Jim Wood,
Asst. Director Traffic Operations Engineer with
FOOT District 5 (Deland) on April 23, 1996, Mr.
Wood:
1. pointed out that S.R. 434 currently has a
Class 3 designation but acknowledged that
it would eventually be designated Class
5. This means that median openings would
be allowed at closer intervals.
2. said applicant should apply for a full
median opening and driveway located at
the western property line of the Leffler
property. This will need to be a joint
use driveway with the adjoining property.
An agreement between the two property
owners will be required. It was pointed
\
out, as Mr. McIntosh had requested, that
FDOT had denied a request for a full
median opening at this location.
3. indicated that the directional opening
that is being constructed can be
eliminated. A cross-access easement
should be provided to that property.
4. stated that full median openings are
generally anticipated to be signalized
and signals are spaced one quarter mile
apart. It may be a condition that this
median opening would have no signal.
5. noted that left turn lanes would need to
be constructed.
6. stated that an application with a site
plan needs to be submitted. A variance
will need to be requested for the median
opening.
7. pointed out that allowing the full median
opening would be a compromise and that
justification would be required.
8. said FDOT needs to get something in
return for granting the variance. In his
opinion, the joint use driveway would
serve as justification.
As indicated above, if the Leffler and the adjacent
property to the west (Morrison) are developed at
about the same time [applicant's representative has
indicated the desire to develop both properties
together] and granted a full median cut, then the
properties should be marketable for commercial use.
They will be required to have one common entrance
instead of two separate entrances onto an arterial
roadway. This will help promote the controlled
access necessary for an arterial to serve its
function of carrying large volumes of traffic at
higher speeds.
2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities Servlnq the site.
None.
'.
"
b. Improvements/expansions needed as a result of
proposed amendment:
At the rear of the property inside the Florida
Power easement there is a potable water
distribution line from which a future residential
subdivision would tap into for service. Developer
would lay all water lines within the development
and tap into the trunk line within the easement.
SANITARY SEWER:
a. Facilities servinq the site:
None
b. Improvements/expansions needed as a result of
proposed amendment:
At the rear of the property inside the Florida
Power easement there is a sanitary sewer collector
line from which a future residential subdivision
would tap into for service. Developer would lay
all sewer lines within the development and tap into
the collector line within the easement.
RE-USE WATER SYSTEM
a. Facilities servinq the site:
None.
b. Improvements/expansions needed as a result of
proposed amendment:
There is a re-use water distribution line that runs
from the south through the Florida Power easement
and turns eastward at the point where the easement
turns westward. Winding Hollow Subdivision is
served by this line. The 12" line could be
extended westward under Winding Hollow Drive inside
the easement to serve the Leffler property per Sec.
19-137 City Code.
DRAINAGE/STORMWATER:
a. Facilities servinq the site.
None. There are no
inunedia te area. The
retention ponds in the
retention pond now being
'~
't ~
constructed by FOOT is only designed for stormwater
runoff from the widened S.R. 434.
b. Improvements/expansions needed as a result of
proposed amendment:
If the property is developed, then the project must
meet Sec. 9-241 City Code requirements. Post
development runoff cannot exceed pre-development
runoff. (Use 25 year storm, 24 hour storm standard)
Stormwater calculations required if retention ponds
are to be constructed with storm pipes or swales.
There must be a clear recorded easement for the
pipes and/or swales. The easement must be
definitive for maintenance of structural
facilities.
SOLID WASTE:
a. Facilities servinq the site.
The city has a franchise agreement
waste hauler, IWS until December,
exclusive franchise agreement will
after a bid process.
wi th a solid
1996. A new
be concluded
b. Improvements/expansions needed as a result of
proposed amendment:
None.
3. RECREATION AND OPEN SPACE, INCLUDING:
a. Facilities servinq the site.
The future residents of a proposed subdivision on
this parcel would be able to use the city's public
parks and open space located throughout the City,
especially the City's main park, the Central Winds
Community Park located approximately one (1) mile
to the east, and in the near future the twenty-five
(25) acre neighborhood park in Winding Hollow
Subdivision.
b. Improvements/expansions needed as a result of
proposed amendment:
None. A residential development on this size
parcel will not negatively impact the Level of
Service for the Central Winds Community Park. The
proposed" residential development will be subject to
...;~
the Recreation and Open Space Element Objective D
which states: "In addition to the developed park
acreage set as minimum levels of service, each time
a new development is constructed supplement the
public park system facilities." and Obj ecti ve E
Policy 1 which states: "The city shall require
developers to provide recreational facilities to be
included with private developments or fees in-lieu-
of. "
B. LAND USE COMPATIBILITY:
a. Soils, topoqraphv, flood prone areas.
The soils on this property are: st. Johns and EauGallie
fine sands. The soils in this map unit are nearly level
and poorly drained. These soils ~re on low broad plains
on the flatwoods. The slopes are dominantly less than 2
percent. During most years, the soils in this map unit
have a seasonal high watertable within 12 inches of the
surface for 1 month to 4 months. These soils are poorly
suited to use for sanitary facilities, building sites,
and recreational development. The main limitations are
seepage and wetness. Water control, including drainage
outlets, are needed to overcome wetness. Fill material
should be added to make these soils suitable for most
urban uses.
The subj ect parcel is not in permanent or seasonal
wetlands and is not within the 100 year flood prone area.
b. Natural resources, historic resources.
No natural or historic resources have been found.
c. Nuisance potential of proposed use to surroundinq land
~.
The proposed land use change from "Commercial" to "Lower
Density Residential" should not negatively impact
adjacent land uses.
The subject parcel is directly bordered on the north by
the right-of-way of S.R. 434 and the Leffler property to
the north of that, which is presently vacant, open field.
Adj acent to the subj ect property, to the east is the
Leffler property, that is currently being proposed for a
small scale comprehensive plan amendment with same
request to change from future land use designation of
"Commercial" to "Lower Density Residential" with the
intent to construct a single family residential
':>
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subdivision. To the south
easement and beyond that is
Residential subdivision Phase I.
wooded area (Lot 8)
is the Florida Power
the Winding Hollow
To the west is vacant,
There should be no significant nuisance to surrounding
properties as a result of the property being used in the
future for a single family residential subdivision as
proposed by the applicant.
It should be noted that the intent of the applicants for
the Leffler property and Morrison property small scale
comprehensive plan amendment is to develop both adjacent
properties as single family residential developments with
residential streets accessing onto S.R. 434. Normally,
developers are required to construct residential and
local roads so that they access onto collector roads,
which in turn would access onto arterial roads as
indicated on page TC 2 of the City's Comprehensive Plan.
In this instance, there is no adjacent or nearby
residential or collector road to access onto.
It is noted that in discussions with Barryman & Henigar,
FDOT is willing to grant a full median cut to resolve the
concern of the applicant that the property is not viable
for commercial use because "the full access to the site
has been eliminated by the design of S.R. 434 with the
resulting access limited to a right in/out only. II
If the Morrison property and the adjacent property to the
east (Leffler) are developed at about the same time and
granted a full median cut, then the properties should be
marketable for commercial use. They will be required to
have one common entrance instead of two separate
entrances onto an arterial roadway. This will help
promote the controlled access necessary for,an arterial
to serve its function of carrying large volumes of
traffic at higher speeds.
C. ECONOMIC DEVELOPMENT:
Development of a single-family residential subdivision on the
parcel will add to the City's tax base, over that of existing
vacant land. But, it is expected that if the property were to
be commercially developed, an even more enhanced tax ratable
would be created. (See attached Economic Impact Analysis -
Ad Valorem Tax Yield prepared by Berryman & Henigar)
Economic information contained in the attachment estimates
that the subj ect property as designated Commercial in the
Comprehensive Plan would yield as much as three (3) times the
annual yield of revenues as compared to the proposed single-
family land use.
. .~
The economic data suggests that the highest and best use of
the subject property from a revenue generation perspective
would be Office-Professional. Office-Professional would also
be a very compatible use with the adjacent Winding Hollow
residential subdivision.
To retain (not to change) the Future Land Use Map designation
of Commercial would help ensure the economic viability of the
city. A greater Ad Valorem Tax yield would result from
commercial development of the property than if the property
were developed as single family residential. In addition the
commercial property would generate sales tax to the benefit of
the City along with license and permit fees.
D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
(per definition in 9J-.5.021 F.A.C.]
Since FDOT will now allow a full median opening, the Future
Land Use designation of the property for commercial is
reasonably appropriate. Therefore, the proposed amendment is
not consistent with and compatible with the Comprehensive Plan
in that it seeks to designate an 8 acre parcel with a frontage
of 429 feet on the south side' of S.R. 434, an arterial
roadway, the length of which is primarily designated as
commercial on the Future Land Use Map and specifically which
has commercial FLUM designation on both sides as residential.
A review of the City's Future Land Use Map suggests that the
intention of the Comprehensive Plan was to encourage the
location of commercial development abutting certain principal
streets (arterials) that are "intended to serve moderate to
large traffic volumes travelling relatively long distances."
Such roads are appropriate for commercial development.
Objective H of the Traffic Circulation Element of the
Comprehensive Plan lends support for this view in the
statement "Ensure that current and future rights-of-way are
protected from encroachment from structures or ancillary uses
inconsistent with the designation of the right-of-way.
To retain (not to change) the Future Land Use Map designation
of Commercial would ensure consistency and compatability of
land use with adjacent parcels along the roadway.
To retain (not to change) the Future Land Use Map designation
of Commercial would help ensure the integrity of the S.R.434
Corridor as a commercial corridor.
.~
'....
III. RECOMMENDATION:
staff recommends that the City Commission deny the request by
Donald McIntosh Associates, representing the Leffler Company, for
a change of Future Land Use designation from "Commercial" to "Lower
Density Residential" on the subject property based on the above,
but that it be designated Mixed Use on the Future Land Use Map and
rezone the parcel Planned unit Development (PUD), with the
understanding that the front portion of the parcel (approximately
300') will be commercial and the rear portion will be residential,
as a means of making the proj ect more economically viable and
providing a residential transition to the Winding Hollow
residential subdivision adjacent to the south, and gives the
property owner and developer more flexibility to use the property.
The Local Planning Agency passed the following motion as a
recommendation:
All of the land within the city limits of Winter Springs
starting with the Florida Department of Transportation
retention pond, proceeding westward, including the Morrison
request for future land use change, the Leffler request for
future land use change, and what is designated on the copy
before him as Lots # 8 and # 9B, that the future land use be
lower density residential. The city can do an appropriate
legal and otherwise investigative background and notification.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF A CERTAIN
PARCEL KNOWN AS THE MORRISON PROPERTY AND
MORE PARTICULARLY DESCRIBED BELOW FROM
"COMMERCIAL" TO "LOWER DENSITY
RESIDENTIAL" PURSUANT TO 163.3187 and
166.041 FLORIDA STATUTES; PROVIDING FOR
THE AMENDMENT OF THE FUTURE LAND USE MAP;
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of
Winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
Winter Springs, Florida to change the future land use from its
present designation of "Commercial" to "Lower Density
Resic;iential" on the following real property situate in
Winter Springs, Florida:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY,
DESCRIBED AS FOLLOWS:
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 83 53'17" E
ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53'16" W
ALONG SAID LINE FOR A DISTANCE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
;
WHEREAS, the City Commission for the City of
winter Springs, Florida has determined that the change of
future land use of the above described property will be
consistent with Goal
1,
Objective A of
the
City's
Comprehensive Plan Land Use Element which states in part,
"
.and division of large areas of commercial development
into noncontiguous zones to lessen their cumulative impact on
the city. . ."; that changing the future land use designation
to "Lower Density Residential" represents a move in the
direction of what the property is currently zoned for
residential; that the future land use designation of "Lower
Density Residential" will create less impact on infrastructure
such as traffic on the arterial roadway, S.R. 434; that the
City Commission of the City of Winter springs has determined
that a future land use designation of "Lower Density
Residential" would be compatible with the surrounding
residential properties to the south and southwest of the
subject property.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the future land, use designation of "Commercial" to
"Lower Density Residential" on the following described
property:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY,
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 83 53'17" E
ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53'16" W
ALONG SAID LINE FOR A DISTANCE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect thirty-one
(31) days after adoption, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
,~
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
:P
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF A CERTAIN
PARCEL KNOWN AS THE MORRISON PROPERTY AND
MORE PARTICULARLY DESCRIBED BELOW FROM
"COMMERCIAL" TO "MIXED USE" PURSUANT TO
163.3187 and 166.041 FLORIDA STATUTESi
PROVIDING FOR THE AMENDMENT OF THE FUTURE
LAND USE MAP; SEVERABILITYi CONFLICTS AND
AN EFFECTIVE DATE.
WHEREAS, the City commission of the City of
Winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
Winter Springs, Florida to change the future land use from its
present designation of "Commercial" to "Mixed Use" on the
following real property situate in Winter Springs, Florida:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY,
DESCRIBED AS FOLLOWS:
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDSi THENCE RUN N 83 53'17" E
ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF ~AID LOT "F"i THENCE RUN S 83 53'16" W
ALONG SAID LINE FOR A DISTfu~CE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
<l
..
WHEREAS, the City commission for the City of
Winter Springs, Florida has determined that the change of
future land use of the above described property will be
consistent with the intent the City's Comprehensive Future
Land Use Map to keep the S.R. 434 Corridor commercial; that
the "Mixed Use" designation will create lesser impact on
infrastructure such as traffic on the arterial roadway, S~R.
434; that the City Commission of the City of Winter Springs
has determined that a future land use designation of "Mixed
Use" with the understanding that the front portion of the
property would be commercial and the rear portion would be
residential would be compatible with the surrounding
residential properties to the south and southwest of the
subject property; that "Mixed Use" land use designation will
allow for greater Ad Valorem Tax yield as a result of the
front portion of the property developing as commercial.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the future land use designation of "Commercial" to
"Mixed Use" on the following described property:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY,
DESCRIBED AS FOLLOWS:
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 83 53'17" E
~
.'
i,
ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53'16" W
ALONG SAID LINE FOR A DISTANCE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect thirty-one
(31) days after adoption, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
~,
~
.
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING