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HomeMy WebLinkAbout1996 09 09 Regular Item B-1 'i ~ COMMISSION AGENDA ITEM' B-1 REGULAR X CONSENT INFORMATIONAL September 9. 1996 Meeting MGR./!,vt fD"'n~ Authorization REQUEST: Community Development Division requests the Commission to deny the application of Donald McIntosh & Associates representing the Leffler Company for a change of the Future Land Use designation of property located on S.R. 434 from "Commercial" to "Lower Density Residential"; in the alternative, to change the designation from "Commercial" to "Mixed Use", and to approve the first reading of an ordinance changing the Future Land Use designation from "Commercial" to "Mixed Use". PURPOSE: The purpose of this Board item is to request the Commission to: 1. Deny the application of Donald McIntosh & Associates representing the Leffler Company for a change of the Future Land Use designation of property located on S.R. 434 from "Commercial" to "Lower Density Residential". 2. In the alternative, to change the designation from "Commercial" to "Mixed Use", 3. To approve the first reading of an ordinance to change the Future Land Use Map designation of the property from "Commercial" to "Mixed Use'. APPLICABLE LAW/PUBLIC 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(l5)(c) F.S. concerning the holding of two (2) public hearings for adoption ofa small scale\ ~. ;. " September 9, 1996 AGENDA ITEM B Page 2 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]. 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 liAs 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. II * 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 2J, "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 serye 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." t " ~ September 9, 1996 AGENDA ITEM B Page 3 .j * . 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 i~ 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. ~ ~ September 9, 1996 AGENDA ITEM B Page 4 * To retain (not to change) the Future Land Use Map designation of Commercial would ensure consistency and compatibility ofland use with adjacent parcels along the S.R. 434 roadway. * The staff has reviewed the alternative of a Lower Density Residential 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 relatedireasons 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 Leffler property. This easement provides an effective buffer between the residential subdivision and the Leffler 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 (PLUM). ~ f. I lJ :& i , I t ~, ~ , , ~ 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. :; September 9, 1996 AGENDA ITEM B 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 "Commerci(il" 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. y September 9, 1996 AGENDA ITEM B Page 6 ALTERNA TIVES: 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 residentiarsubdivision 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!ofFlorida 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. ~I ~I g: -::! -.) September 9, 1996 AGENDA ITEM B 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. RECOMMENDATION: 1. Staff recommends that the City Commission deny the request of Donald McIntosh Associates, representing the Leffler Company, for a change of lfuture 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 lJetween the applicant and the City, that the subject proper1Y be designated by the City Commission "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. 3. If the Commission agrees with staff's recommended alternative to change the Future Land Use designation to "Mixed Use", approve the first reading of the ordinance changing the Future Land Use designation to "Mixed Use". If the Commission does not agree with stafP s recommended alternative, provide direction the Commission deems appropriate. .. September 9, 1996 AGENDA ITEM B Page 8 4. If the Commission agrees with staff's recommended alternative to change the Future Land Use designation to "Mixed Use", hold the first Public Hearing on the proposed Developmet:lt Agreement as provided in Commission Agenda Item B-2. 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. IMPLEMENTATION SCHEDULE: '. This Ordinance shall take effect thirty-one (31) days after its final passage and adoption in accordance with 163.3187(3)(a) F.S. ATTACHMENTS: 1. Location Map of Leffler property. 2. Staff Report 3. Ordinance: Leffler Property from "Commercial" to "Mixed Use" .x , COMMISSION ACTION: =1 ;; I,'"' L--,; I -" J "'TO ., ,-- .~ 0 0 ..,., ;V w- 0 :> ~ ~ ... }-=-- ~ I . - .. -:-.:t::)C:tK w ,.. . ~ ~ ~ ~-~----- ~ - r - ::; - :t~ '-.Q~ <r-< ;; :::;r-t:; ~ ... · a-- >i '\..) ~~ .' ". ~ . . .' -J,. 1:'nU. - (J)>< .. n ., o .l..Oo fB '" MOR..'ti.ISON REQUEST: " FUTURE LAND USE CRANGE ~+ REZONING ~ " " LEF?I.ZR -K::QUEST : FUTu:t::: LAND USE CEANGE + REZONING ~ ~ .., u o CA lS IO.OilCH :)NI(N..'I. ... ... o '0' C -J ~ I I I I L ~ -- .. .. " I r I -'. ,.."-". (bJ 'G <= .... o r.l X ....t::~. . "_ __ ""","-a._ 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. SM-CP A-1-96 SMALL SCALE COl\1PREHENSIVE PLAN AMENDMENT I. SUMMARY: APPLICANT: Donald w. McIntosh Associates, Inc. 2200 Park Avenue North winter Park, FL 32789 (407) 644-4068 OWNER: Leffler Company 421 South Virginia Ave. Sanford, FL 32771 REQUEST: For change of Future Land Use designation from "Commercial" to "Lower Density Residential". [ Request later revised from "Commercial" to "Mixed Use" ] PURPOSE: Applicant plans to develop a single-family residential subdivision (no more than 37 units) on the majority of the site and commercial on a portion at the northwest corner of the parcel (95.07' X 200'). In the original application, Applicant stated that "As a result of FOOT's taking of roadway frontage and retention pond for S.R. 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 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." PROPERTY: Location: Approximately 525 feet west of Winding Hollow Blvd., and extending further west with a frontage of 429 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 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL lOS-WATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF SAID PUBLIC RECORDS; THENCE RUN S 07 01' 30" E ALONG SAID LINE 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 694.30 FEET. THE POINT OF BEGINNING. LESS: 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 8.01 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASEMENTS OF RECORD. ACREAGE: +/- 8.1 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: FDOT constructing retention basin related to the widening of S.R 434. West: vacant, open field. FUTURE LAND USE DESIGNATION: Existing: Commercial. Requested: Lower Density Residential. ADJACENT FUTURE LAND USE DESIGNATIONS: North: Mixed Use. South: Lower Density Residential. East: Commercial. West: Commercial. ZONING: Existing: 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-1 "Single Family Dwelling" District (with minimum 1 acre lot size) substitutes in place of R-U. Requested: PUD. ADJACENT ZONING: North: PUD II Planned Unit Development" South: R1A "Single Family Dwelling District" (with a minimum lot size of 8,000 sq. ft.). East: C-2 "General District. Commercial and Industrial" West: C-1 "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. Availabilitv 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 2J, 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 stated in the City's Comprehensive Plan [Volume 1 of 2, page TC 2J, "A residential street functions only to serve a local ..residential communi ty and does not connect any higher classified 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 within 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 FOOT 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 FOOT 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 'i 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 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 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. Im?rovements/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 retention ponds in the immediate area. The retention pond now being constructed by FDOT 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-develqpment 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 with a solid waste hauler, IWS until December, 1996. A new exclusive franchise agreement will be concluded after a bid process. b. Improvements/expansions needed as a result of ?roposed amendment: None. ,1' 3. RECREATION AND OPEN SPACE, INCLUDING: a. Facilities servinq the site. .. .fi fj oil 1; t 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 Objective 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. . ." _F B. LAND USE COMPATIBILITY: a. Soils, topography, 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 are 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 uses. The proposed land use change from "Commercial" to Mixed Use" 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. Adjacent to the subject property, to the east is the FDOT retention basin now being constructed. To the south is the Florida Power easement and beyond that is the Winding Hollow Residential subdivision Phase I. To the west is vacant, open field, that portion of property (Morrison 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 "Mixed Use" with the intent to develop the adjacent 200 feet from the .roadway as commercial and the area to the rear as a single family residential subdivision. There should be no significant nuisance to surrounding properties as a result of the property being used in the future for a Mixed Use development (commercial along S.R. 434 and residential to the rear 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 Mixed Use 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." If the Leffler and the adjacent property to the west (Morrison) 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 subject 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 adj acent 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 Mixed Use is reasonably appropriate. Therefore, the proposed amendment is consistent with the intent to keep the S.R. 434 corridor as a commercial corridor in view of the combined frontage of Leffler and Morrison properties (approximately 300' X 200' depth) to remain commercial per the Development Agreements. 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." ECONOMIC IMPACT ANALYSIS COMBINED LEFFLER/MORRISON PARCELS (13.1 ACRES) AD VALOREM TAX YIELD ~ . ... Land Use Size Unit Uolt Value Tolal Value Annual (Per Sq. Ft. or Unit) Ad Valorem Tax Yield Professional Office Building Area 156,925 Sq. Ft Building $66 $10,357,050 $38,345 Land Area (13.1 Acres) 570,636 Sq. Fl. Land $3 $1 ,71 1,908 $6,338 Total Professional OffIce $12.068,958 $44,683 t;1~1~1!~i~~~~~~!l~~t~:~~ffiftr~1Sl~i~t~f~~f~~i! ~~i~tt~i~~~~!~~~* ~:~E~~l~~!! : ~~~i ~!l1t~~ii~~~~!;tt!~~~~.t :~t~~t?t~~J.nJ~;~~V~~~~iii~i~1;'.~ ;~~:~~tf~~f~ ~tf;.t~'~'~ftS.; i ::~;:it:it~~t~~~~~i;t~~titti:ft:tl~~r:f~tHt~i.i Retail Center- Building Area 131,246 Sq. Ft. Building $49 $6,431,054 $23,810 land Area (13.1 Acres) 570,636 Sq. Ft Land $3 $1,71 1,908 $6,338 Total Retail $8,142,962 $30,148 IJ~~~~i~Jfi~~i~~~l;J~~fi~~f~El~lttti~~!i~;~j~i~ ~f$~~tf1~~f ~ i~S~f~tif1~t~; ?~~~1~~;ft~~ ~~i~~~!t~~~~~~f; ~i.;'~~;i~~ft~~l!:~~~;~t~~~~~lnt~ ~f*l'i:!ot.t':~)i~,.t~t.~ 1~1~!;!lt~~flt~1i1iil~ll~Iti~~ltgltt~~ DoXI;: ~>>~~".~.X~\T... '( .~ ... ~~ ......,.1.:,:.... ............... ,:I: Apartments ($610/Unlt Avg. Rent) 204 Rental Units $34,500 $7,038,000 $26,057 ;;~n~~}t~~li~i~fill:;:~Jt!I~ti~1.tt1i~~t~!!~ii~~~~~U~ i1~i~~1~.~.~!-~tJlliI!!ttt~~~~ l!~t~~~~.~~~~~;I~f~~~~:~1.-;' !t~I~~lt~~5~}fl!tl'~}lil~;ii~~~i~ ~i~~l1ititl~!~J;i~~t~r i!i~'i:i~t*t.:.i~f~tilt~!~~\1~~t~t~*1!~~ SIngle Family Units 40 Dwelling Units $105,000 $4,200,000 $15,550 Assumptions: 1. Retail Floor Area Ratio of .23 was used based on study by Mcintosh & Associates. 2. Office Floar Area Ratio of .275 was assumed by Berryman & Henigar based on a yield of 12,000 square feet per acre. 3. Apartment vatues taken {rom Seminole County Tax Roll based on comparable project 4. Apartment yield based on study by Mcintosh & Associates. (15.6 Units/Acre) S. Single family unit value and number of units based on discussions with purchaser of property. . 6. Value of single family unit ($105,000) based on $130,000 average unit value minus $25,000 homestead exemption. 7. Current City of Winter Springs Ad Valorem tax rate = 3.7023 mills 8. Retail and Professional Office are permitted uses in C-1 Zoning District. Apartments are a Condilional Use. Sales Price of a Single Family Home (assuming 40 homes are built) Needed to Produce Comparable Commercial Tax Yield to City In the Following Categories: ", Land Use Category: Avg. Sales Price of Home' Professional Office $326.725 Retail $228,576 Apartments $200,951 /,. ,..1, -' .. Prepared by: Berryman & Henigar, 6124/96 Page 1 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 change the Future' Land Use Map designation of Commercial to Mixed Use with the approval of the proposed Development Agreement would ensure consistency and compatability of land use with adjacent parcels along the roadway and the area to the rear. To change the Future Land Use Map designation of Commercial to Mixed Use with the approval of the proposed Development Agreement would help ensure the integrity of the S.R.434 Corridor as a commercial corridor. ill. RECOMMENDATION: Staff recommends that the City Commission deny the oriqinal 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 approve the revised request 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 northwest portion of the parcel (95.07' X 200') [as part of the 300' frontage of the combined Leffler and Morrison parcels to be commercial per Development Agreement] will be commercial and the remainder portion will be residential, as a means of making the project more economically viable and providing a residential transition to the Winding Hollow residential subdivision adjacent to the south, and giving 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 LEFFLER PROPERTY AND MORE PARTICULARLY DESCRIBED BELOW FROM "COMMERCIAL" TO "MIXED USE" 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 "Mixed Use" on the following real property situate in winter springs, Florida: .l 11 ! 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 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL 105- WATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF SAID PUBLIC RECORDS; THENCE RUN S 07 01'30" E ALONG SAID LINE FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH . .~ ~t!_ .!f '1 h l' .~ ~. I; i~ :d; ~ \ . \: LINE ,OF SAID LOT "F"; THENCE RUN S 83 53'16" W ALONG SAID LINE FOR A DISTANCE OF 694.30 FEET THE POINT OF BEGINNING. LESS: 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 8.01 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 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 c- ~ ~ .'> . 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 COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOO1\ 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 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL 105- WATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF SAID PUBLIC RECORDS; THENCE RUN S 07 01'30" E ALONG SAID LINE 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 694.30 FEET THE POINT OF BEGINNING. LESS: 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: ~ ....~ \ .. ~.;l:~ . 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 8. 01 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. 1; ,~ M' 11 f . . b ~ ~ l/ .'~ ..;it CITY OF WINTER SPRINGS ".: .~ JOHN F. BUSH, MAYOR .~ g, l'll ii ~ ~ .: ;;, , \ " ... .~Q ". ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING " " M ! J! f D n ,.. ii~iii .j:] f-'I :1 ! , It ~.I!