HomeMy WebLinkAbout1997 02 24 Regular Item B
COMMISSION AGENDA
ITEM
B
REGULAR X
CONSENT
INFORMATIONAL
February 24, 1997
Meeting
MGR.;ftJv1IDE~~
Authorization
REQUEST: Community Development Department requests the City Commission to hold a
public hearing and adopt Ordinance No. 648 upon second reading to change the
zoning designation of the 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 hold a public hearing and
adopt Ordinance No.648 to change the zoning designation from county A-lIAgriculture"
(1 DU/acre) to City R-IA "One-Family Dwelling District" (8,000 sq. ft. minimum lot size)
ofa recently annexed 9.9 acre parcel located on the north side of the Winter Springs High
School property at the southwest comer of the intersection of Orange Ave. and
Tuskawilla Road.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 166.041(3)(c) F.S. which states in part "0rdinances initiated by other
than the municipality that change the actual Zoning Map designation of a parcel or parcels
ofland shall be enacted pursuant to paragraph (a). Ordinances that change the actual list
of permitted, conditional, or prohibited uses within a zoning category, or ordinances
initiated by the municipality that change the actual zoning map designation of a parcel or
parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c. F.S.]
FEBRUARY 24, 1997
AGENDA ITEM B
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 Ordinance 647 to adopt the small scale
comprehensive plan amendment was approved at the February 10, 1997 regular
meeting of the City Commission.
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. NUISANCE 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.
3. The City is able to extend to the subject property the urban services it
provides to the other areas of the City.
FEBRUARY 24, 1997
AGENDAITEM B
Page 3
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-IA on the 9.9 acre
parcel based on the findings indicated 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 second reading and adoption of Ordinance No. 648 to
change the zoning designation on the 9.9 acre "Button" parcel from county A-I
"Agriculture" to City R-IA "Single-Family Residential District" based on the findings and
considerations above.
IMPLEMENTATION SCHEDULE:
The ordinance takes effect thirty-one (31) days after adoption [per 163.3187(3)(a) F.S.]
ATIACHMENTS:
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:
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAO 434
WINTER SPRINGS. FLORIOA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEl\1:
II. B.
NEW BUSINESS
SANLANDo (BUTTON) REZONING
REZ-1.-97
STAFF REPORT:
REZ-l-97 REZONING"
I. BACKGROUND:
APPLICANT:
Sanlando Land, Inc.
238 N. Westmonte Dr., Suite 290
Altamonte Springs, FL 32714
(407) 682-7747
OlimER:
:.;.
( Same as Applicant )
REQUEST:
For change of Future Land Use designation from Seminole
County's A-1 "Agticu1t1trpl (mil1 1 DU/acre) to the City'S
"R-lA "Single Family Dwelling District (min. 8,000 sq. ft).
PURPOSE:
Applicant states liTo bring the property into the City for
water and sewer and to develop a single family residential
Subdivision of RlA 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 Descriotion: 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).
Vacant, partially wooded area with three
residential units Sharing a common drive.
West:
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:
Existing:
A-l "Agriculture" (County designation)
Requested:
R-lA "One Family Dwelling District" (with
8,000 sq. ft. minimum.~ot size).
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County designation) R-l "Single Family
Dwelling district" (8,400 sq. ft. minimum lot
size).
South:
(City designation)
Commercial".
C-l
"Neighborhood
East:
(City designation) POD.
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-l "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 APPLICATION.
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-lA lots."
2. With the provision of City water and sewer service to
applicant'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 designations. 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
a-rea .
3 .
The land adjacent to the applicant's property north of
Orange Ave. in the remainder of the county enclave is
county zoned R-l "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-lA 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 or 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 POD 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-~. The setbacks in the county R-1 zoning district,
the City R-~ zoning district, and the setbacks as set in
the st. Johns Landing POD are almost the same.
B. NUISANCE POTENTIAL OF PROPOSED ZONING DISTRICT TO SURROUNDING
LAND USES:
The applicant's proposed zoning change from county zoning
designation of A-1 "Agriculture District" to the City's z,oning
designation of R-lA "One Family Dwelling District" ~s in
conformance with the county R-1 zoning district and the St.
John Landing POD 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 surrounding 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.
III. FINDINGS:
A. ZONING COMPATIBILITY:
The applicant's request for the City's R-LA 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 ~esult from designating
the subject property a City single family residentially
zoned district, specifically R-LA. 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 subj ect property.
C.
PUBLIC FACILITIES:
1. The subj ect 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.
3. The City is able to ,extend ~o the subject property
the urban services ~t prov~des to the other areas
of the City.
IV, STAFF RECONllv1ENDATION:
staff recommends that the Local Planning Agency recommend approval
to the City Commission the request by Doug Maise of Sanlando Land,
Inc. for a City zoning designation of R-lA on the 9.9 acre parcel
(Parcel # 26-20-30-SAR-OBOO-0180) based on the findings indicated
in III above.
ORDINANCE NO. 648
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PARCEL
KNOWN AS THE SANLANDO LAND, INC. "BUTTON"
PROPERTY AND MORE PARTICULARLY DESCRIBED
BELOW FROM COUNTY (A-1) "AGRICULTURE" TO
(R-lA) "SINGLE FAMILY DWELLING DISTRICT"
PURSUANT TO 166.041 FLORIDA STATUTES;
PROVIDING FOR THE AMENDMENT OF THE
OFFICIAL ZONING 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 zoning designation from
its present county designation of A-1 "Agriculture" to R-1A
"Single Family Dwelling District" on the following real
property situate in Winter Springs, Florida as a result of
.,;.
annexation (Ordinance 631) on January 13, 1997:
LOT 18 LESS THE NORTH 288 FEET OF THE
WEST 190 FEET OF LOT 18, PLUS LOT 18A, OF
BLOCK B, D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESUP, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK
1, PAGE 5 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
WHEREAS, the City commission for the City of
winter Springs, Florida has determined that the change of
..
/'
zoning designation of the above described property will be
consistent with the change of future land use designation from
county "Suburban Estates Residential" to City "Lower Density
Residential" on the same property indicated in Ordinance 631;
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs, hereby
changes the county zoning designation of A-1 "Agriculture" to
City R-1A "Single Family Dwelling District" on the following
described property:
LOT 18 LESS THE NORTH 288 FEET OF THE
WEST 190 FEET OF LOT 18, PLUS LOT 18A, OF
BLOCK B, D. R. MITCHELL'S SURVEY OF THE
LEVY GRANT ON LAKE JESUP, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK
1, PAGE 5 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
SECTION II - That the City Commission of the City of
Winter Springs has determined that the zoning designation of
R-1A "Single Family Dwelling District" would be compatible
with the surrounding properties maintaining the residential
character of the area towards the north, east and west of the
subject property, provide a transition between the winter
Springs High School complex, and be consistent with the City'S
Comprehensive Plan per Ordinance 631, and with the passage of
this Ordinance the ci ty Commission does hereby amend the
Official Zoning Map of the City of Winter Springs, Florida, to
include the subject property within the zoning designation of
R-lA "Single Family Dwelling District".
~.
SECTION III - 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 IV - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION V - This Ordinance shall take effect thirty-one
(31) days after ado~tion, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1997.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
ATTEST:
,;
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING