HomeMy WebLinkAbout1998 02 09 Regular Item C
1_ ~ 4
COMMISSION AGENDA
ITEM C
REGULAR X
CONSENT
INFORMATIONAL
February 9 r 1998
Meeting
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a public hearing to approve the second reading and adoption of
Ordinance No. 696, to rezone a 296.96 acre parcel located on the east side of
'State Road 417 (aka "The GreeneWay) and on the north side of State Road 434.
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the second
reading and adoption of Ordinance No. 696 to rezone the 296.96 acre Battle Ridge
Property from county zoning designation A-I "Agriculture" (1 DU per acre) to the City's
zoning designation ofR-1A "One Family Dwelling District" (8,000 sq. ft.).
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 166.041(3)(c) F.S. which states in part "Ordinances initiated by other
than the municipality that change the actual Zoning Map designation of a parcel or parcels
ofIand 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 ofIand shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c.F.S.].
I
FEBRUARY 9,1998
AGENDA ITEM C
Page 2
CONSIDERATIONS:
1. The applicant has requested annexation into the City of296.96 acres prompting a
large scale comprehensive plan amendment and rezoning.
2. The owner has requested the City provide water and sewer service. The City has
the capacity and is willing to provide such service, providing the basis for
development of the property on smaller lots than the county's 1 dwelling unit per
acre minimum. It may be noted that McKinley's Mill subdivision nearby on the
south side of S.R. 434 has a density of3 DU per acre and receives water service
from the city, but utilizes septic systems.
3. The "Lower Density Residential" Future Land Use Map designation controls the
number of units that will be allowed per acre irrespective of what the minimum lot
size of the zoning designation indicates. [The applicant's proposed land use is
compatible with the surrounding area which includes various residential
subdivisions of similar density (1.1 to 3.5 DU per acre) ].
4. The owner's purpose in requesting the R-IA zoning designation for the property is
to allow for a greater mix ofIot and house sizes.
5. Applicant's requested R-IA designation will not present a threat or nuisance to the
wetland area, since the property will be developed utilizing the criteria of the
Outstanding Florida Waters Program, a higher standard for stormwater regulation.
These stipulations are in the Annexation/Development Agreement that will be
presented to the City Commission.
6. Applicant has agreed in the Development Agreement to keep all development
activity outside the flood zone (100 year flood prone area).
7. Applicant's requested R-IA designation will not present a threat or nuisance to the
residential and commercial establishments on the south side along S.R. 434
between the beltway and the entranceway to the proposed Battle Ridge residential
subdivision; The majority of those properties have the wetland of the Battle Ridge
Property toward the rear of the properties.
8. Applicant's requested R-IA designation will not present a threat or nuisance to the
McKinley's Mill residential subdivision since the Battle Ridge Property, except for
2
FEBRUARY 9. 1998
AGENDA ITEM C
Page 3
the entranceway, is set back to the north of S.R. 434 approximately 700+ feet.
The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due
to the extensive tree coverage between the beltway to the entranceway of the
Battle Ridge Property, no change in appearance is expected on the north side of
S.R. 434 as viewed from any point of the McKinley's Mill subdivision along
S.R. 434.
9. Since the Battle Ridge Property is set back 700+ feet from the north side of
S.R. 434, and this area is heavily wooded, potential noise from the proposed
R-1A zoned subdivision should be virtually nonexistent.
10. The Sullivan Property, which extends from the north property line of Battle Ridge
to Lake Jesup is completely covered by tree and shrub growth related to the
wetlands which extend from Lake Jesup southward into the Battle Ridge Property.
Therefore, there is no threat or nuisance potential to the Sullivan Property as a
result of development of a subdivision at R-1A zoning, utilizing the criteria of the
Outstanding Florida Waters Program, a higher standard for stormwater regulation
on the Battle Ridge Property.
11. The properties that border the east property line of Battle Ridge (Carroll, Waver,
Minter) are largely vacant, partially wooded with some residences and an old
factory-type building along DeLeon Street. Therefore, there will be no nuisance to
these properties as a result of development of a subdivision at R-1 A zoning,
utilizing the criteria of the Outstanding Florida Waters Program, a higher standard
for stormwater regulation on the Battle Ridge Property.
12. The properties that border the west property line of Battle Ridge (The Winter Park
. Land Company, Casscells Trustees) are completely vacant, with shrub and tree
foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively
separates the Battle Ridge Property from these properties. The extensive wetlands
on the Battle Ridge Property separates these properties from the uplands area
. proposed to be developed by approximately 3,400 feet to the east. Therefore,
there will be no nuisance to these properties.
13. The public hearing to approve the second reading and adoption of Ordinance No.
696, to rezone the Battle Ridge Property was rescheduled to February 9, 1998
due to an error in the advertisement for the rezoning.
3
FEBRUARY 9, 1998
AGENDA ITEM C
Page 4
FINDINGS:
1. The applicant has requested annexation into the City of296.96 acres prompting a
large scale comprehensive plan amendment and rezoning.
2. The owner has requested the City provide water and sewer service. The City has
the capacity and is willing to provide such service, providing the basis for
development of the property on smaller lots than the county's 1 dwelling unit per
acre minimum. It may be noted that McKinley's Mill subdivision nearby on the
south side of S.R. 434 has a density of3 DU per acre and receives water service
from the City, but utilizes septic systems.
3. The "Lower Density Residential" Future Land Use Map designation controls the
number of units that will be allowed per acre irrespective of what the minimum lot
size of the zoning designation indicates. [The applicant's proposed land use is
compatible with the surrounding area which includes various residential
subdivisions of similar density (1.1 to 3.5 DU per acre) ].
4. The owner's purpose in requesting the R-A zoning designation for the property is
to allow for a greater mix of lot and house sizes.
5. Applicant's requested R-IA designation will not present a threat or nuisance to the
wetland area, since the property will be developed using the criteria of the
Outstanding Florida Waters Program, a higher standard for stormwater
regulation. These stipulations are in the AnnexationlDevelopment Agreement that
will be presented to the City Commission.
6. Applicant has agreed in the Development Agreement to keep all development
activity outside the flood zone (100 year flood prone area).
7. Applicant's requested R-IA designation will not present a threat or nuisance to the
residential and commercial establishments on the south side along S.R. 434
between the beltway and the entranceway to the proposed Battle Ridge residential
subdivision. The majority of those properties have the wetlands of the Battle
Ridge Property toward the rear of the properties.
4
FEBRUARY 9, 1998
AGENDA ITEM C
Page 5
8. Applicant's requested R-IA designation will not present a threat or nuisance to the
McKinley's Mill residential subdivision since the Battle Ridge Property, except for
the entranceway, is set back to the north of S.R. 434 approximately 700+ feet.
The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due
to the extensive tree coverage between the beltway to the entranceway of the
Battle Ridge Property, no change in appearance is expected on the north side of
S.R. 434 as viewed from any point of the McKinley's Mill subdivision along
S.R. 434. .
9. Since the Battle Ridge Property is set back 700+ feet from the north side of
S.R. 434, and this area is heavily wooded, potential noise from the proposed
R-A zoned subdivision should be virtually nonexistent.
10. The Sullivan Property, which extends from the north property line of Battle Ridge
to Lake Jesup is completely covered by tree and shrub growth related to the
wetlands which extend from Lake Jesup southward into the Battle Ridge Property.
Therefore, there is no threat or nuisance potential to the Sullivan Property as a
result of development of a subdivision at R-A zoning, utilizing the criteria of the
Outstanding Florida Waters Program, a higher standard for stonnwater regulation
on the Battle Ridge Property.
11. The properties that border the east property line of Battle Ridge (Carroll, Waver,
Minter) are largely vacant, partially wooded with some residences and an old
factory-type building along DeLeon Street. Therefore, there will be no nuisance to
these properties as a result of development of a subdivision at R-A zoning,
utilizing the criteria of the Outstanding Florida Waters Program, a higher standard
for stonnwater regulation on the Battle Ridge Property.
12. The properties that border the west property line of Battle Ridge (The Winter Park
Land Company, Casscells Trustees) are completely vacant, with shrub and tree
foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively
separates the Battle Ridge Property from these properties. The extensive wetlands
on the Battle Ridge Property separates these properties from the uplands area
proposed to be developed by approximately 3,400 feet to the east. Therefore,
there will be no nuisance to these properties
5
FEBRUARY 9,1998
AGENDA ITEM C
Page 6
RECOMMENDATION:
Staff recommends adoption of Ordinance No. 696 to rezone~4~296.96 acre
Battle Ridge Property, located on the east side of State Road ~ (aka "The
GreeneWay) and on the north side of State Road 434, from county designation A-
I "Agriculture" to city designation R-IA "One Family Dwelling" District, based on
the findings indicated above.
IMPLEMENTA TION SCHEDULE:
The ordinance for rezoning of the Battle Ridge Property "shall become effective at the expiration
of thirty (30) days after adoption or at any date specified therein." (in the ordinance) [per Section
4 .15( c) City Charter]
ATTACHMENTS:
1. Ordinance No. 696.
2. Aerial Map.
3. Staff Report to the Planning & Zoning Board
4. Memo from City Manager to Mayor and Commission, dated January 6, 1998,
concerning the Battle Ridge Annexation.
5. Memo from City Manager to Mayor and Commission, dated January 12, 1998,
concerning the change from R-l to R-IA Zoning District for the Battle Ridge
Property.
COMMISSION ACTION:
6
'~
e
ORDINANCE NO. 696
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PARCEL
KNOWN AS THE "BATTLE RIDGEll PROPERTY AND
MORE PARTICULARLY DESCRIBED BELOW FROM
COUNTY A-1 "AGRICULTURE" TO CITY R-1A
"ONE FAMILY DWELLING DISTRICTIl 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
e
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-l "Agriculture" to City
designation R-1.A "One Family Dwelling District" on the
following real property situate in Winter Springs, Florida as
a result of adoption of Ordinance 694 on January 26, 1998:
e
LAND DESCRIPTION:
A PARCEL OF' LAND LYING IN SECTION 4. TOWNSHIP 2' SOUTH. RANGE 31 EAST. SEMINOL~
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRJBED AS FOLLOWS.
BEGIN AT THE NORTHEAST CORNER OF' SECTION 4. TOWNSHIP 21 SOUTH. RANGE 31 EAST,
SEMINOLE COUNTY, FLORIDA: THENCE RUN SOUTH 88'40'5.3" WEST, ALONG THE NORTH LINE
0;:- SAID SECT10N I.. A DISTANCE OF' 54-07.95 F'EET: THENCE LEAVING SAID NORTH LINE, RL.'N
SOUTH OOi 7'58. EAST. A DISTANCE OF 898.74 FEET. TO A POINT ON THE NORTHEASTERLY
RIGHi-OF-WAY LINE OF THE EASTc:RN BELTWAY; THENCE, ALONG THE: SAID NORTHEASTERLY
RIGHT-Or-WAY LINE THE rolL-OWING FWE (5) COURSES: RUN SOUTH 2E'08'45. EAST, A
DISTANCE 0;: 173.24 F'ED. TO A POINT ON A CURVE CONCAVE NORTHEASTERLY AND HAVING
A RADIUS OF 5549.58 FEET AND A CHORD BEARING OF SOuTH 28,7'35. EAST; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF' SAID CURVE THROUGH A CENTRAL ANGLE OF'
04'i7'40. FOR AN ARC DfSiANCE 423.45 rEETTO A POIN;; THENCE, LEAVING SAID CURVE
RUN SOUTH 30"26'25" EAST. A DISTANCE OF 95,07 FEET. TO A POINT (oN A CURVE CONCA~
SOUTHWESTERl Y HAVING A RADIUS OF' 7737.43 rt:ET AND A CHORD BEARING OF SOUTH
.'
;~
.-
.
29'5,3"21 - EAST; THENCE RUN SOUTHEASTERLY ALONG THE ARC O~ SAID CURVE THROUGH
A CENTRAL ANGLE OF 03"22'J4" FO~ AN ARC DISTANCE: OF 4~5.94 FEET, TO THE ?Olt,n OF
COMPOUND CURVATURE OF A CURVE: CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 7743,"-4
Ft::t::T AND A CHORD BEARING OF SOUTH 25'18'27" EAST; THENCE RUN SOUTHEASTERLY
ALONG TME ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03']1'40" FOR AN ARC
DISTANCE OF 476.79 FEET TO A POINT; THENCE, LEAVING SAID CURVE AND SAID
NORTHC:ASITRLY RIGHT-Dr-WAY, RL;N NORTH 89.51'5.3" EAST, A DISTAN':E OF 606.29 rEE!;
THENCE RUN SOUTH 00i7'44" EAST, A DISTANCE OF 25.00 rEET, TO A POINT ON 'HE SOUTH
LINE OF THE NORTH 1/2 Or SAID SECTION 4; THENCE RUN NORTH 89'5' '53" EAST, ALONG
SAID SOUTH LINE, A DISTANCE OF 3070.77 FEET. TO A POI.'lT ON THE wEST LINE OF THE EAST
1/2 or THE NORTriWE:ST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEA5T 1/4 OF SAID SECTION
4; THENCE RUN SOUTH 00'07'42" WEST. ALONG THE SAID WEST LINE. A DISTANCE OF 648."1
FEET, TO A POINT ON Ti-iE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 4.34; THENCE RUN
SOuTH 89..38'50" EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 331.84
FEET, TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE I-JORiHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID S~CTION 4; THENCE, L[AVlNG SAID NORTH RIGHT-OF-WAY LINE. RUN
NORTH 00'02'02" WEST, ALONG SAID EAST LINE, A DISTANCE OF .319.03 FEn. TO A POINT
ON THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTH~AST 1/4 OF THE NORTHEAST 1/4 OF
TriE SOUTHEAST 1/4 OF' SAID SECTION 4; THENCE RUN NORTH 8S'SO'1,3" EAST, ALONG SAID
SOUTH LINE. A DISTANCE OF 551.88 FEET, TO A POINT ON T.-iE EAST LINE OF THE NORTHEAST
1/'- or THE NORTHEAST 1/4 or THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE RUN NORTH
00'2"31" WEST. ALONG THE SAID EAST LINE. A DISTANCE OF ':>05.88 FEET; THENCE, LEAVING
SAID EAST LINE. RUN SOUTH 89'5,'53" WEST, A DISTANCE OF 25.00 FEET; THENCE RUN NORTH
00'21'31" WEST, A DISTANCE OF 25.00 FEET, TO A POINT ON Ti-:~ SOUTH LINE or. THE NORTH
1/2 OF SAID SECTION 4; THENCE RUN NORTH 89'51'53" EAST, ALONG SAID SOUTH LINE, A
DISTANCE OF 25.00 FEET TO JHE EAST 1/4 CORNER OF SAID SECTION 4; THENCE RUN NORTH
00"29'5'" WEST. ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAICSECTION 4, A
DISTANCE OF 247.3,71 Ft:ET TO THE POINT OF BEGINNING.
~t. ~
SAID LA/liDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 296.97 ACRES MORE OR
LESS. .
WHEREAS, the City Commission for the City of
Winter Springs, Florida has determined that the change of
zoning designation of the above described property is
consistent with the permitted residential land use nature of
the previous county Future Land Use Map designation of
"Suburban Estates" and with the new City designation of "Lower
Density Residential" on the same property;
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-l "Agriculture" to
the City's zoning designation of R-1A "One Family Dwelling
District" on the fo~lowing described property:
~
LAND DESCRIPTION'
A PARCEL OF LAND L'r1NG IN SECTION 4, TOWNSHIP 21 SOUiN. RANGE 31 EAST. SEMINOLE
COUNTY, F1.0RIDA SEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS.
BEGIN AT THE NORiNEASi CORNER OF SECTION 4, TOWNSHIP 21 SOUTH. RANGE 31 EAST,
SEMINOL~ COUNTY, FlORIDA: THENCE RUN SOUTH 88'4-0'53" WEST, ALONG THE NORiN LINE
Or SAID SECTION '. A DISTANCE OF 5407.95 F"EET; TI-lENC[ L~A'v1NG SAID NORTH UNE. RLJN,
SOUiH OOi 7'Sa" EAST, A DISTANC:: OF 898.74 FEET, TO A POINT ON THE NORTHEASTERLY
RIGHT-Of-WAY LINE OF THE EASTc:RN BELrWAY: iHENCE. ALONG THE: SAID NORTHEASTERLY
RIGHT-Of"-WAY LINE THE FOLLOWlNC F1V[ (5) COURSES; RUN SOUTH 2E"OS'4S" EAST, A
DISTANCE OF 173.24 FTET, TO A POINi ON A CURVE CONCAVE NORTHEASTERLY AND HA V1NG .
A RADIUS OF 5549.58 FEET AND A CHORD BEARING Of SOUTH 28'7'35" EAST: THENCE RUN
SOUTHEASTERLY ALONC THE ARC OF SAlD CURVE THROUGH A CENTRAL ANGLE OF
0417'40" FOR AN ARC DISTANCE 423.45 FEET TO A POINT: THENCE, LEAVING SAID CURVE
RUN SOUTH 30"26'25" EAST. A DISTANCE OF 95.07 FEET, TO A POINT (IN A CURVE CONCAVE
SOUTHWESTERL Y HA'v1NG A RADIUS 01=' 77.37.4.3 FEET AND A CHORD BEARING or SOUTH
29"5.3'21" EASi; THENCE RUN SOUiHEASTERL'f ALONG THE ARC Of" SAID CURVE iHROUGH
A CENTRAL ANGLE Of 0.3"22'34" FOR AN ARC DISTANCE OF 455.94 FEET, TO THE POINT OF
COMPOUND C1JRVA TURE OF A CURvE CONCAVE SOUTHWESiIRL Y HAVING A RADIUS OF 774.3.44
j:~[i AND A CHORD SEARING OF SOUTH 25"18'27- EAST; THENCE:' .~UN ~OUTHEASTERL Y
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0.3"3"40" FOR AN ARC
DISTANCE OF' 476.79 FEn TO A POINT: THENCE, LEA'v1NG SAID CURVE AND SAID
NORiHEASir:.RL Y RIGHT-OF - WA Y, Rl,;N NORTH 89"5"53- EAST, A DISTANCE OF 606.29 FEET;
THENCE RUN SOUTH 001 7'44" EAST, A DISTANCE OF 25.00 FEEl, TO A POINT ON THE SOUTH
LINE OF THE NORTH '/2 OF SAID SC:CTlON 4: THENCE RUN NORTH 89'S' '5.3" EAST. ALONG
SAID SOUTH LINE, A DISTANCE OF 3070.77 FEn. TO A POI!'lT ON THE WEST LINE OF n..tE EAS:r
1/2 or THE NORTr-f'I'F-ST 1/4 OF THE: NORTHEAST 1/4 OF THE SOUTHEA5T 1/4 or SAID SECTION
4; THENCE RUN SOUTH 00"'07'42- WEST, ALONG THE SAID WESi LINE. A DISTANCE OF 648.41
FEET, TO A POINT ON i.-IE NORTHERLY RICHT-OF-WA Y UNE or STATE ROAD 4.34; THENCE RUN
SOUTH 89"38'50" EAST, ALONG SAID NORTH RIGHT-OF-WAY UNE. A DISTANCE OF .3.31.84
r::n, TOA POINT ON THE EAST liNt: or THE NORTHWESi 1/4 OF THE NORTHEAST 1/4 OF THE
SOUTHEAST '/4 OF SAID SECTiON 4: THENCE, LEA'v1NG SAID NORTH RIGHT-QF"-WAY LINE, RUN
NORTH 00"02'02- wEST, ALONG SAID EAST LINE. A DISiANCE OF 319.0.3 FEET, TO A POINT
ON ~E SOUTH UNE OF THE NORTH 1/2 OF THE NOR iH::AST 1/4 OF THE NOR THEAST 1/4 OF'
THE SOUTHEAST 1/' or SAID SECTiON 'I; THENCE RUN NORTH 89"50'13" EAST, ALONG SAID
SOUTH LINE, A DISTANCE OF' 661.88 FE:Ei, TO A POINT ON THE EAST WIE OF THE NORTHEAST
1/' OF THE NORTHEAST '/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4: THENCE RUN NORTH
00"21 '31" WEST, AlONG THE SAID EAST LINE, A DISTANCE OF .306.8B FEEl: THENCE. LEAVING
SAID EAST LINE. RUN SOUTH 8S"5"53" WEST, A DISTANCE or 25.00 FEET; THENCE RUN NORTH
00"'2".3'" iWEST, A DISTANCE OF 25.00 FEn, TO A POINT ON T:-i:: SOUTH LINE OF. THE NORTH
1/2 OF SAID SECTION 4; THENCE RUN NORTH 89'51'5.3" EAST. A~ONG SAID SOUTH LINE, A
DISTANCE OF 25.00 FEET TO THE ::AST 1/4 CORNE.=! OF SAID SC:CTION 4: TI'iENCE RUN NORTH
00"29'51" WEST, ALONG THE EAST LINE OF TriE NORiHEAST 1/4 OF SAle SECTION '4', A
DISTANCE OF 247.3.71 FEET TO TH~ POINT OF BEGINNING.
:-
SAID LANDS L'r1NC IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 296.97 ACRES MORE OR
LESS.
SECTION II - That the City Commission of the City of
Winter Springs has determined that the zoning designation of
R-lA "One Fam.ily Dwelling District" would be compatible with
the surrounding properties maintaining the residential
character of the area towards the south, southeast and west of
the subject. property, and be consistent with the City's
.
Comprehensive Plan future land use designation of IILower
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".,.,-r
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Density Residential", and with the passage of this Ordinance
the City 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-1A "One 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 Orqinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION V - This Ordinance shall take effect immediately
adoption, in accordance with 166.041(3) (c) Florida statutes.
PASSED AND ADOPTED this 26th day of January, 1998.
CITY OF WINTER SPRINGS
ATTEST~
~.~~
CITY CLERK .
FIRST READING JANUARY 12, 1998
POSTED JANUARY 21, 1998
SECOND READING AND PUBLIC HEARING FEBRUARY 9, 1998
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEM:
B.
BATTLE RIDGE PROPERTY REZONrnG (REZ-1-98)
STAFF REPORT:
'. APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code 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."
1. BACKGROUNl):
APPLICANT:
Battle Ridge Companies, fuc., (regional office: LaJceland, FL; home office: Charleston,
West Vrrginia)" .
OWNER:
[ Same as applicant]
REQUEST:
For change of Zoning designation from Seminole County's designation of A-I
"Agriculture" (1 DU per acre) to the City's designation ofR-l "One Family Dwelling
District" (6.600 sq. Ft.).
I
PURPOSE:
Applicant wants to develop a single family residential subdivision.
PROPERTY:
Location: On the east side of the S.R. 417 (aka "The GreeneWay") and north of the
properties fronting of the north side of State Road 434.
Legal Description:
THAT PORTION OF TIlE NORTH ~ OF SECTION 4, TOWNSHIP 21 SOU1R,
RANGE 31 EAST, SE11INOLE COUNTY, FLORIDA, L YmG EASTERLY OF THE
"EASTERLY BELTWAY". LESS THAT PORTION OF THE SOUTH 25.00 FEET OF
AFORESAID NORTH ~ OF SECTION 4, THAT EXTENDS 1354.9 FEET
EASTERL Y FROM THE WEST LINE OF SECTION 4.
,.
TOGETIIER WITH
THE NORTH ~ OF THE NORTHEAST 1/4 OF TI:IE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 (LESS THE NORTH 25 FEET OF TIIE EAST 25 FEET) OF THE
SOUTHEAST 1/4 OF AFORESAID SECTION 4. LESS THE RlGHT-OF-WAYFOR
STATE ROAD NO. 434.
CONTAINING 296.96 ACRES, MORE OR LESS.
ACREAGE:
296.96 acres
II.
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North'
Vacant, heavily wooded area.
Sml1h:
E.as.:
Small commercial and residential.
Vacant and partially wooded area. .
~:
The eastern beltway (aka "The GreeneWay")
2
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County designation) "Suburban Estates" (max. 1 DU/acre) and
"Conservation Overlay"
Requested: N/ A
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
Nmlh:
Smu.h:
EM.!:
~:
, .
(County designation) R-lO (max. 1 DU/lO acres)
(County designation) "Commercial".
(County designation) R-3 (max. 3 DU/acre)
(City designation) "Mixed Use" and "Conservation".
ZONING OF SUBJECT PROPERTY:
Existing: (County designation) A-I "Agriculture".
Requested: (City designation) R-l "One Family Dwelling" District (min. 6,600 sq. ft.
lot)
ZONING ADJACENT TO SUBJECT PROPERlY:
lim:th:
South'
E.a.s1:
~:
(County designation) A-I0 "Rural Zoning" (max. I DU per 10 acres).
(County designation) A-I "Agriculture". Further south, McKinley's Nfill is
zoned R-I (8,500 sq. ft. min. Lot and 80 lot width)
(County designation) A-3 ''Rural Zoning" (max. 1 DU per 3 acres).
(City designation) PUD.
EXISTING DEVELOP.MENT AND TRENDS IN THE AREA:
Within one and one. half (1.5) miles ofthe Battle Ridge Property are residential
developments with a net density range of 3 to 4 DU/acre in the Cities of Oviedo and
Wmter Springs. Across the street from Battle Ridge ''within the City of Oviedo is
McKinley's Mill subdivision (1989) on the south side of S.R 434 and the Oviedo Oaks,
Sweetwater Creek and Laurel Oaks residential subdivisions located on the east side of
S.R. 434; south of Florida Avenue, The density of these subdivisions range from 2.8 to
3
3.9 DU/acre." [ ref. GreeneWay/S R 434 Small Area Study Final Report] Therefore, an
urban pattern of development exists of single-family residential.
The area immediately surrounding the Battle Ridge Property is not characterized by social
economic and institutional activities which [ are]. largely based on agricultural uses or the '
extraction of natural resources in unprocessed fonn [ref. 9J-5.0039 (117) FAC].
In the incorporated areas of Oviedo within a mile of Battle Ridge, the city has designated
on its Future Land Use Map (PLUM) the majority of these areas as "Low Density
Residential" (1-3.5 DU/acre) for future residential development. [ Short Range Land Use
Map and Map 1-3 "2000 Long Range Land Use" Comprehensive Plan City of Oviedo.
Florida J. Therefore, a continuation of the existing urban pattern of development at the
same density is planned for in the future as indicated on the City of Oviedo's Future Land
Use Map in its Comprehensive Plan.
Within one and one-half(1.5) miles of the Battle Ridge Property, in the City ofWmter
Springs is the Reserve at Tuscawilla (1994), Eagles Watch (1995), Howell Creek Reserve
(1995), and the new Creeks Run (1997) subdivisions. These single family residential
subdivisions were all built within the past three years. A Master Plan for a 276 DU multi-
family and 61,700 sq. ft. gross floor area conunercial site has been submitted to the City
for Tuskawilla Parce!IC (at southwest comer ofS.R. 434 and Vistawilla Drive). Plans
have also been submitted for a Hess Gas Station at the southeast comer of S.R. 434 and
Vistawilla Drive. There are indications that the Casscells Property (approx. 250 acres)
from the northwest comer westward on S.R. 434 and the beltway will be developed
within a few years as commerci~ complex primarily oriented to the traffic activity of the
GreeneWay/S.R. 434 intersection.
In view of the existing urban pattern of development as well as the proposed urban pattern
of development, it can be seen that Battle Ridge represents not an intrusion of a higher
. density land use into a completely surrounding rural area but a continuation of the urban
pattern of development from the west, south and southeast on S.R. 434.
ill.
TEE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF, ANAL YZED
IN REVIEWING TIllS APPIlCATION.
A. JUSTIFlCATION FOR REZONING:
1. The applicant has requested annexation into the City of296.96 acres prompting a
large scale comprehensive plan amendment and rezoning.
4
2. The owner has requested the City provide water and sewer service. The City has
the capacity and is willing to provide such service, providing the basis for
development of the property on smaller lots than the county's I dwelling unit per
acre minim~m. It may be noted that McKinley's Mill subdivision nearby on the
south side of S.R 434 has a density of3 DU per acre and receives water service
from the City.
3. The ''Lower Density Residential" Future Land Use Map designation controls the
number of units that will be allowed per acre irrespective of what the minimum lot
size of the zoning designation indicates. [The applicant's proposed land use is
compatible with the surrounding area which includes various residential
subdivisions of similar density (1.1 to 3.5 DU per acre)].
4. The owner's purpose in requesting the R-1 zoning designation for the property is
to allow for a greater mix of lot and house sizes.
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING.
LAND USES:
NOTE: The applicant intends to deed over the area on the Battle Ridge Property that
comprises wetlands, Therefore, the R-1 designation will effectively apply only to
the uplands in the southeast comer of the property.
1. Applicant's requested R-1 designation will not present a threat or nuisance to the
wetland area, since the property will be developed using "best development
practices", and applicant' has also agreed to meet a higher standard for stormwater
regulation. These stipulations are in the Annexation/Development Agreement that
will be presented to the City Commission.
2. Applicant's requested R-1 designation will not present a threat or nuisance to the
. residential and commercial establishments on the south side along S.R. 434
between the beltway and the entranceway to the proposed Battle Ridge residential
subdivision. The majority of those properties have the wetland of the Battle Ridge
Property toward the rear of the properties.
3. Applicant's requested R-1 designation will not present a threat or nuisance to the
McKinley's:Mill residential subdivision since the Battle Ridge Property, except for
the entranceway, is set back to the north of S.R 434 approximately 700+ feet.
The entranceway will be approximately 1,000 feet east from McKinley's:Mill. Due
to the extensive .tree coverage between the beltway to the entranceway of the
Battle Ridge Property, no change in appearance is expected on the north side of
S.R 434 as viewed from any point of the McKinley's Mill subdivision along
S.R 434.
5
4. Since the Battle Ridge Property is set back 700+ feet from the north side of
S.R. 434, and this area is heavily wooded, potential noise from the proposed
R-l zoned subdivision should be virtually nonexistent.
5. The Sullivan Property, which extends from the north property line of Battle Ridge
to Lake Jesup is completely covered by tree and shrub growth related to the
wetlands which extend from Lake Jesup southward into the Battle Ridge Property.
Therefore, there is no threat or nuisance potential to the Sullivan Property as a
result of development of a subdivision at R-l zoning, utilizing best development
practices, and meeting a higher standard for stormwater regulation on the Battle
Ridge Property.
6. The properties that border the east property line of Battle Ridge (Carroll, Waver,
Minter) are largely vacant, partially wooded with some residences and an old
factory-type building along DeLeon Street. Therefore, there will be no nuisance to
these properties asa result of development of a subdivision at R-l zoning, utilizing
. best development practices, and meeting a higher standard for storrnwater
regulation on the Battle Ridge Property. . .
7. The properties that border the west property line of Battle Ridge (The Wmter Park
Land Company, Casscells Trustees) are completely vacant, with shrub and tree
foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively
separates the Battle Ridge Property from these properties. The extensive wetlands
on the Battle Ridge Property separates these properties from the uplands area
proposed to be developed by approximately 3,400 feet to the east. Therefore,
there will be no nuisance to these properties.
N. EThII2lli.G.S.:
1. The applicant has requested annexation into the City of 296.96 acres prompting a
large scale comprehensive plan amendment and rezoning.
2. The owner has requested the City provide water and sewer service. The City has
the capacity and is willing to provide such service, providing the basis for
, development of the property on smaller lots than the county's 1 dwelling unit per
acre minimum. It may be noted that McKinley's Mill subdivision nearby on the
south side of S.R. 434 has a density ofJ DU per acre and receives water service
from the City,
3. The "Lower Density Residential" Future Land Use Map designation controls the
number of units that will be allowed per acre irrespective of what the minimum lot
size of the zoning designation indicates. [The applicant's proposed land use is
6
compatible with the surrounding area which includes various residential
subdivisions of sirniiar density (1.1 to 3.5 DU per acre) ].
4. The owner's purpose in requesting the R-1 zoning designation for the property is
to allow for a greater mix of lot and house sizes.
5. Applicant's requested R-1 designation will not present a threat or nuisance to the
wetland area, since the property will be developed using "best development
practices", and applicant has also agreed to meet a higher standard for stonnwater
regulation. These stipulations are in the Annexation/Development Agreement that
will be presented to the City Commission.
6. Applicant's requested R-1 designation will not present a threat or nuisance to the
residential and commercial establishments on the south side along S.R. 434
between the beltway and the entranceway to the proposed Battle Ridge residential
subdivision. The majority of those properties have the wetlands of the Battle
Ridge Property toward the rear of the properties.
7. Applicant's requested R-1 designation will not present a threat or'nuisance to the
'McKinley's Mill residential subdivision since the Battle Ridge Property, except for
the entranceway, is set back to the north of S.R. 434 approximately 700+ feet.
The entranceway will be approximately 1,000 feet east from McKinley's Nfill. Due
to the extensive tree coverage between the beltway to the entranceway of the
Battle Ridge Property, no change in appearance is expected on the north side of
S.R. 434 as viewed fro~ any point of the McKinley's Nfill subdivision along
S.R. 434.
8. Since the Battle Ridge Property is set back 700+ feet from the north side of
S.R 434, and this area is heavily wooded, potential noise from the proposed
R-l zoned subdivision should be virtually nonexistent.
9. The Sullivan Property, which extends fro~ the north property line of Battle Ridge
to Lake Jesup is completely covered by tree and shrub growth related to the
wetlands which extend from Lake Jesup southward into the Battle Ridge Property.
, Therefore, there is no threat or nuisance potential to the Sullivan Property as a
result of development of a subdivision at R-l zoning, utilizing best development
practices, and meeting a higher standard for stormwater regulation on the Battle
Ridge Property.
10. The properties that border the east property line of Battle Ridge (CarroII, Waver,
:Minter) are largely vacant, partially wooded with some residences and an old
factory-type building along DeLeon Street. Therefore, there will be no nuisance to
. these properties as a result of development of a subdivision at R-l zoning, utiliz!ng
7
best development practices, and meeting a higher standard for stormwater
regulation on the Battle Ridge Property.
11. The properties that border the west property line of Battle Ridge (The Winter Park
Land Company, Casscells Trustees) are completely vacant, with shrub and tree
foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively
separates the Battle Ridge Property from these properties. The extensive wetlands
on the Battle Ridge Property separates these properties from the uplands area
proposed to be developed by approximately 3,400 feet to the east. Therefore,
there will be no nuisance to these properties
v.
STAEERECO~NDA TIQN:
~
Staff recommends the Planning & Zoning Board recommend approval to the City
Commission the request for rezoning by Battle Ridge Companies, Inc. of the 296.96 acres
from county zoning designation A-I "Agriculture" to City zoning designation R-l "One
Family Dwelling" District, based on the findings above.
AITACHMENTS:
1. Aerial View of property and immediately surrounding area.
~ ~),::,
{t
! I' '~j ..
8
,/
MEMORANDUM
To: Mayor and Commission
From: Ron McLemore, City Manager !? tv M
Date: January 6, 1998
Re: Battle Ridge Annexation
, .
On February 26, 1996,' the City Commission voted to forw.ard the Battle Ridge,
Carroll, Minter, and Weaver Large Scale Comprehensive Plan Amendments.
At that time, I read into the public record a memo I had furnished to the
Commission stating that I would not recommend adoption of the plan
amendment unless I came to the conclusion that the annexation would be an
asset to the community. In that memo, I requested the Commission to authorize
me to set up an advisory committee made up of representatives from Seminole
County Government, Oviedo City Government, McKinley Mill subdivision, Black
Hammock, City staff, and the representatives of the property's owners, in order
to receive input and to keep everyone up to date on the status of the
comprehensive plan amendment.
Since that time, staff and J have been in continuous communication with D.C.A.
staff and had several meetings with the advisory, committee.
Additionally, during this period the Carroll, Minter, and Weaver property owner's
,have not proceeded with their petition,
Mer exhaustive review of this matter by D.C.A and members of the advisory
committee, I have concluded that the Battle Ridge Petition should be accepted
for annexation under the following conditions. ' These conditions have been
formulated to attempt to address the concerns of the various parties involved,
and to ensure that the project will have a value added impact on the City of
Winter Springs. The property owner has agreed to these conditions in the
proposed development agreement, currently before you.
a) The density of development shall not exceed 2.75 units per finished acre.
b) The average appraised value of home sites including land and buildings
will not be less that $180,000 per unit.
c) That all environmentally sensitive lands will be deeded to a governmental
entity for conservation purposes.
d) That the water management sY$tem will conform to Florida Department
of Environmental Protection Outstanding Waters Program standards.
e) That access to the development will be exclusively from State Road 434,
except for any provisions requested by the City for emergency secondary
access.
f) That the property owner will apply for and comply with requirements for a
Florida Audobaun Development Certificate for the project.
i
g)
That there will be no negative impacts on any endangered plant or animal
species.
h) That water and sewer will be provided by the City of Winter Springs, and
that septic tanks of any type will be expressly prohibited from within the
development.
i) Additionally, I am recommending that the City acknowledge that it has no
current interest in annexing east along the north side of State Road 434
beyond the Urban Service Line established by the county. Relatedly, I am
recommending that the City agree that any further annexation in this
direction would be based upon the county's agreement to adjust the
Urban Service Line to accommodate a future annexation, provided that
the City of Oviedo agrees to the same conditions.
j) Finally, I am acknowledging that water and sewer facilities for the project
will not be oversized beyond minimum standards for the purpose of
providing services to future annexed areas in the vicinity,
Based upon these 'conditions I am confident that the project provides an
adequate measure of protection of the chosen life style of the surrounding
property owner's, provides extraordinary measure of protection of the Lake
Jesup ecosystem, and is compatible with the economics and life style interest of
the resident's of Winter Springs.
In consideration of the record of this project,' I am confident that this project
meets all the requirements of the City's comprehensive plan, and that approval
of this annexation and this development project and conditioned is in the over all
best interest of the City.
CITY OF WINTER SPRINGS, FLORIDA
Rocald W. McLemore
City Manager
1126 EAST STATE ROAD 434
WINTER SPAINGS. FLORIDA 32708-2799
Telephone (401) 327-1800
MEMORANDUM
To: Mayor and Commission
d~
From: Ron McLemore, City Manager
Date: January 12, 1998
Re: Battle Ridge Annexation
This memo is an update to my memo of January 6, 1998, regarding the Battle
Ridge annexation proposal.
The developer is in agreement with amending his zoning request from R-1 to
R-1A
Additionally, I am recommending that the City's Joint Planning Area Map be
amended to move the eastern boundary of the map from Deleon Street to the
eastern edge of the Battle Ridge property, consistent with the Urban Service
Boundary of the County.
RWMljp