HomeMy WebLinkAbout1997 02 10 Regular Item C
COMMISSION AGENDA
ITI:M
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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
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LEGAL DESCRIPTION
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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.