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HomeMy WebLinkAbout1997 02 10 Regular Item C COMMISSION AGENDA ITI:M c REGULAR X CONSENT INFORMATIONAL hlmIaty 10 1997 :Meeting MGR!21A1l IDEP'~ Authorization REQUEST: Community Development Department requests the City Commission to approve the first reading for adoption of an Ordinance to change the zoning designation of a 9.9 acre ":Button" parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading of Ordinance No..648. to change the zoning designation from county A-I "Agriculture" (I DU/acre) to City R-IA "One-Family Dwelling District" (8,000 sq. ft. minimum lot size) of a recently annexed 9.9 acre parcel located on the north side of the Wmter Springs High School property at the southwest comer of the intersection of Orange Ave. and Tuskawilla Roac!. APPLICABLE LAW AND PUBUC POLICY: The provisions of I 66.04 I (3)(c) F.S. which states in part "Ordinances initiated by other thanthe municipality that change the actual Zoning Map designation of a parcel or parcels of land shall be ena(,.'ted pursuant to paragraph (a). Ordinances that change the actual list of pennitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipalioty that change the actual zoning map designation of parcel or parcels ofland shall be enacted pursuant to [166.04I(3)(c)1.,2.a.b. orc. F.S.] FEBRUAJlYI0, 1997 AGENDAITEM C Page 2 CONSIDERATIONS: . The City Commission annexed the 9.9 acre "Button" property into the City on January 13, 1997. . The Local Planning Agency recommended the City Commission adopt the small scale comprehensive plan amendment changing the Future Land Use Map designation from county "Suburban Estates Residential" to City "Lower Density Residential". The first reading of an ordinance to adopt the small scale comprehensive plan amendment is scheduled for the February 10, 1997 City Commission meeting. FINDINGS: A. LAND USE AND ZONING: The applicant's request for the City's R-IA zoning designation on the subject property would be compatible: 1. with the existing zoning of the area to the north which is county designation R-l"Single Family Dwelling District" and to the east which is City designation of "PUD". 2. with the City's Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 DU/acre). B. NUlSANC]~ POTENTIAL: No significant nuisance should result from the proposed residential development of the applicant. C. PUBLIC FACILITIES: 1. The subject property is not within the county service area for extension of sewer and water service. 2. The subject property is within the City's service area for extension of sewer and water service. FEBRUARY 10, 1997 AGENDA ITEM C Page 3 3. The City is able to extend to the subject property the urban services it provides to the other areas of the City. LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: MOTION: The Planning and Zoning Board recommends to the City Commission the staff's recommendation for the LP A (P & Z Board on this item) to recommend approval of the Sanlando Land, Inc. for City zoning designation ofR-1A on the 9.9 acre parcel based on the findings indicaed in the submitted data for the P & Z Board agenda item on REZ-I-97. Motion passed 4 to 1. RECOMMENDATION: Staff recommends approval of the first reading of Ordinance No. 648 to change the zoning designation on a 9.9 acre "Button" parcel from county A-I "Agriculture" to City R-1A "One Family Dwelling District" based on the findings and considerations above. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading and public hearing on February 24, 1997 to adopt Ordinance 648 to change zoning designation of the 9.9 acre "Button" parcel. The ordinance takes effect thirty-one (31) days after adoption due to the requirements of 163.3187(3)(a) F.S. AITACHMENTS: 1. Area map of small scale amendment parcel. 2. Parcel boundary map. 3. Staff Report to Local Planning Agency on small scale amendment 4. Ordinance No. 648 COMMISSION ACTION: L A K E J E SUP REZONING PARCEL , : .' ,: ;~~'_;,:~ ~ i '~'i~:. ,~,;:~.:: ;~.' ;.> < ~ ~ ,~:: / ; ;':;- ;', ~,~:\}:.~; :";'~::;{':~" : ': ',~:' :c,' ,/ ,-t_ ~~~. ------------ T --. ~ lAND TO BE ANNEXED INTO THE '---- CITY OF WINTER SPRINGS If '-.:::::: - ,----- ____ " :) ~- ----- ----- Lot 18 less the North 288leet 01 the West 190 leel 01 Lot 18, plus Lot 18A. 01 Bolek B, D.A. MITCHELL'S SURVEY OF ) ::--e-~ ~ --. THE LEVY GRANT ON LAKE JESSUP, according 10 the plat thereof as recorded in Plat Book 1, Page 5 of the Public ' . -Ii ~--- -;:;_~ ----- ------:ecords 01 Seminole County, Florida. II <=> <=> .225~~~" _____ , q .0 : ..-.... " ________ ;;] ,0 i .:>; .::~ :4J ) VE-Nf:J~_____ ,I - ;:> . . ; 0 " ~ --J lit) :,.... ,0 0 ~ ,_ '____. "? ! ;'J i . j, 0 q , l<l "":Oo. l)! :i::',', 0 It) q65 1../. I: . l\J .200' 5,55.'3' ~.., It)- 30" /0') 2 t. <: I J 25,00' . ----== / ',.f... "r. o 10 ~ V V 10 w ,- ~ . ,.., N Z . ;. .; .... ..i;;q:;'l~:':::~[~~g;;:f!::'?' ~'. .- ..,':. ~,:::;<',:'::::'~,:: :.....;., , ... '"., .< /..::'.r-:,;:,;::';;,::~f;J.;; ii" ';\>/:;.:'::: ~} ': J~ ': ::- . , . ~ . ....... '. .' .: . ':'1..,' ':, . .' ..' ~:.'.. . :''':~~'. ~ .': .,':," . '~." 1 .:',:\ . '-.' . . .;' LEGAL DESCRIPTION LCXT' '-.. .... . . .10.642 ACRES N67"m"4':W ..' . ,/1 A,,~ C'\lc;' ,~. ;~::':: ih{~::~/ ..i;' . .,-. .~. . '. -.,;. . ~ " ",: . J., 1-"; ,. ,- CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development PLANNING AND ZONlNG BOARD AGENDA ITEM: II. B. NEW BUSINESS SANLANDO (BUTTON) REZONING REZ-1.-97 STAFF REPORT: REZ-l-97 REZONlNG' 1. BACKGROUND: APPLICANT: Sanlando Land, Inc. 238 N. Westmonte Dr., Suite 290 Altamonte Springs, FL 32714 (407) 682-7747 OWNER: ( Same as Applicant ) REQUEST: For change of Future Land Use designation from Seminole County's A-1 IPAgricultur~~min--1._DU/acre) to the City's "R-lA "Single Family Dwelling District (min. 8,000 sq. ft). PURPOSE: Applicant stat:es "To bring the property into the City for water and sewer and to develop a single family residential subdivision of R1A lots." PROPERTY: Location: At: the southwest intersection of Orange Ave. and Tuskawilla Road bordering the north property line of the winter Springs High School land. Leqal Description: Lot 18 less the North 288 feet of the West 190 feet of Lot 18, plus Lot 18A of Block "B" of the D. R. Mitchell's Survey of the Levy Grant on Lake Jessup according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public records of Seminole County, Florida. ACREAGE: 9.9 acres PARCEL NUMBER: 26-20-30-5AR-OBOO-0180 EXISTING LAND USE OF SUBJECT PROPERTY: Vacant lot, former orchard grove. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: North of Orange Ave., residential on long lots running from Orange Ave. to Lake Jesup. These lots are generally acre+ in size with most houses set_ back a significant distance from the road. South: winter Springs High School property (retention basin and wooded area immediately south of subject property. East: Former orchard and a wooded area on east side of Tuskawilla Road. To the northeast, st. Johns Landing residential subdivision proposed with 1.47 DU/acre (31 units). West: Vacant, partially wooded area with three residential units sharing a common drive. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) "Suburban Estates" (max 1 DU/acre) Requested: (City designation) "Lower Density Residential" (1.1 to 3.5 DU/acre) FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (County designation) "Low Density Residential" [max 4 DU/acre] and "Conservation". South: (City designation) "Public Buildings" (per the High School property) over the majority of the property and "Mixed Use" immediately south of the Button Property. East: (City designation) "Medium Residential" [6.6 to 9.0 DU/acre]. Density West: (city designation) "Mixed Use". ZONING OF SUBJECT PROPERTY: Existinq: A-1 "Agriculture" (County designation) Requested: R-1A "One Family Dwelling District" (with 8,000 sq. ft. minimum'~ot size). ZONING ADJACENT TO SUBJECT PROPERTY: North: (County designation) R-1 "Single Family Dwelling district" (8,400 sq. ft. minimum lot size) . South: (City designation) Commercial". C-1 "Neighborhood East: (City designation) PUD. West: (City designation) R-U. "Rural Urban" Dwelling District. NOTE: R-U District eliminated per Policy 1 of Objective 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. CHRONOLOGY OF SUBJECT PROPERTY: City Commission votes to approve the annexation of the 9.9 acre subject property on first reading of Ordinance 631 at its regular meeting on December 9, 1996. The second reading and public hearing on the ordinance is scheduled to be held on January 13, 1997. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 states The Planning and Zoning Board shall serve. . .to recommend to the City Commission the boundaries of the various original zoning districts. . and any amendments thereto. . .act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning. II. REZONING ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED IN REVIEWING THIS ,i\PPLICATION. A. JUSTIFICATION FOR REZONING REQUEST: 1. Applicant states "To bring the property into the City for water and sewer and to develop a single family residential subdivision of R-1A lots." 2. with the provision of City water and sewer service to applican"t's proposed residential development on the subject property, a case is made for higher density development than under county Future Land Use Map and Zoning dE~signations. The subject property is not within the county service area for.extension of water and sewer service, but is within the City's sewer and water service area. 3. The land adjacent to the applicant's property north of Orange Ave. in the remainder of the county enclave is county zoned R-1 "Single Family Dwelling District" (8,400 sq. ft. minimum lot size), with the following setbacks: front yard 25 feet; side yard 10 feet inside, 25 feet street side; rear yard 30 feet. 4. The City's zoning designation of R-1A requires a minimum lot SiZE! of 8,000 square feet, with the following setbacks: front yard 25 feet; side yard 7.5 feet, 15 feet street side provided the corner lot faces the same way as all other lots in the block. (If the building faces the .long dimension of the lot, or where corner lots face a different thoroughfare than other lots in he block, the 25 foot ()r greater setback must be maintained from both thoroughfares.); rear yard 25 feet. 5. The new st. Johns Landing single family residential subdivision to the northeast (inside the City) is at the same density range as the applicant's request of "Lower Density Residential" (1.1 to 3.5 DU/acre) on the City'S Future Land Use Map. The zoning is PUD with the setbacks set at: front yard 25 feet; side yard 10 feet inside, and 15 feet for side yards adjacent to streets; rear yard 25 feet. 6. There is the similarity of zoning in the county enclave with the applicant's requested City zoning designation of R-lA. 'I'he setbacks in the county R-1 zoning district, the City R-1A zoning district, and the setbacks as set in the st. Johns Landing PUD are almost the same. B. NUISANCE POTENTIAL OF PROPOSED ZONING DISTRICT TO SURROtJNDING LAND USES: The applicant:' s proposed zoning change from county zoning designation of A-1 "Agriculture District" to the City' s z.oni~g designation of R-1A "One Family Dwelling District" 1.S 1.n conformance with the county R-1 zoning district and the St. John Landing PUD for setbacks. Hence, from the viewpoint of appearance for location of structures from the edge of the right-of-way, side and rear property lines, there will be a compatibility and therefore no nuisa~ce in this regard. It may be noted that the applicant has applied to the City for a small scale comprehensive plan amendment requesting a City Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 DU/acre). This requested designation is compatible with the county's Future Land Use Map designation of "Low Density Residential" (maximum 4 DU/acre). The parcels designated county "Low Density Residential" are located immediately north of the subject property on the north side of Orange Ave. In the development of this property, the site Plan Review Board, as indicted in Sec. 9-347 City Code, will review for "compliance with all city ordinances, for conformity with the City's Comprehensive Plan, for compatibility with locally recognized values of community appearance and design, for conformity with the guidelines on vehicular traffic access, ingress, egress, internal circulation, parking; concerning emergency vehicle access and concerning pedestrian movement; for assurances of satisfactory utility service for the health and welfare of the community; to assure compatibility with other improvements and the need for adequate light, air, access and privacy; to assure that the natural qualities and characteristics of the land will be preserved and that the project site will be appropriately landscaped and provisions established for the maintenance of same; to assure that adequate setbacks will be provided within the planned project and that provisions are made for the supervision and maintenance thereof; and to assure that the aesthetic and architectural details of the planned project are compatible with the surrcmnding area and serve to enhance the character of that area. The site plan shall be reviewed by the board and approved, disapproved or properly referred by such board in accordance with the results of its review." 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. D. COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: The proposed rezoning would not be compatible with the Future Land Use Map designation of "Lower Density Residential" that has been requested by the applicant. m. FINDINGS: A. ZONING COMPATIBILITY: The applicant's request for the City's R-1A zoning designation on the subject property would be compatible: a. with the existing zoning of the area to the north which is county designation R-1 "Single Family Dwelling District" and to the east which is City designation of "PUD". b. with the City's Future Land Use Map designation of "Lower Density Residential (1.1 to 3.5 DU/acre). B. NUISANCE POTENTIAL: No significant nuisance should result from designating the subject property a City single family residentially zoned di~;trict, specifically R-1A. The existing land use in the surrounding area is residential and vacant land to the north and east. To the south is the high school property with a dry retention basin immediately to the south of the subject property. C. PUBLIC FACILITIES: 1. The subj ect property is not wi thin the county service area for extension of sewer and water service. 2. The subject property is within the City'S service area. for extension of sewer and water service. 3. The City is able to extend to the subject property the urban services it provides to the other areas of the City. IV. STAFF RECO~,1MENDATION: staff recommends that the Local Planning Agency recommend aooroval to the City Commission the request by Doug Maise of Sanlando Land, Inc. for a City zoning designation of R-IA on the 9.9 acre parcel (Parcel # 26-20-30-SAR-OBOO-0180) based on the findings indicated in III above.