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HomeMy WebLinkAbout2000 11 13 Public Hearings K Large Scale Comprehensive Plan - Weaver Property COMMISSION AGENDA ITEM K Consent Informational Pu bUe Hearing X Regular ~ovemberI3,2000 Meeting Mgr. / Authori REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to consider transmitting a large scale comprehensive plan amendment (LS-CPA-2-00) to the Florida Department of Community Affairs, which would change the Future Land Use Map designation from (County) "Rural-3 (1 DU per 3 acres max.) to the City's "Lower Density Residential" (1.1 - 3.5 DU per acre) designation on the Weaver property. PURPOSE: The purpose of this large scale compreh(~nsive plan amendment is to consider changing the Future Land Use Map designation from (County) "Rural.3" (1 DU per 3 acres max.) to the City's "Lower Density Residential" (1.1-3.5 DU per acre) designation on a 30+/- acre parcel in order to develop the property as a single family residential subdivision in the future. APPLICABLE LAW AND PUBLIC JPOLICY: The provisions of 163.3184(3)( a) F. S. which state: "Each local governing body shall transmit the complete proposed comprehensive plan or plan amendment to the state land planning agency, the appropriate regional planning counc.il and water management district, the department, and the Department of Transportation immediately following a public hearing pursuant to subsection (15) as specified in the state land planning agency's procedural rules. The local governing body shall also transmit a copy of the complete proposed comprehensive plan or plan amendment to any other unit of local government or government agency in the state that has filed a written request with the governing body for the: plan or plan amendment." CDDfNovember 6, 2000110: 11 AM NOVEMBER 13,2000 PUBLIC HEARING AGENDA ITEM K Page 2 The provisions of 163.3 1 84(15)(b) F.S. which state: "The local governing body shall hold at least one advertised public hearing on the: proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least 7 days after the day that the advertisement is published. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published." The provisions of9J-I1.006(1) F.A.C. which state "Each proposed amendment including applicable supporting documents which include data and analyses shall be submitted directly to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team, the appropriate mgional planning council, water management district(s), Department of Transportation and Department of Environmental Protection. Proposed plan amendments, except those discussed under the exemption provisions of Rule 9J-I1.006(1)(a)7. F.A.C., shall be consolidated into a single submission for each of the two plan amendments adoption times during the calendar year. The comprehensive plan submitted pursuant to Section 163.3167 F.S., shall be counted as one of the two plan amendment adoption times during the calendar year; however, only the submittal requirements of Rule 9J-I1.004 F.A.C. must be followed. " CHRONOLOGY: . In 1996 Donald Weaver expressed interest to the City staff in annexing his property into the City. CONSIDERATIONS: . Applicant, Donald Weaver has submitted an application for annexation of his 30 +/- acres . The subject property is located on the east property line of the Battle Ridge property . The first (Transmittal) public hf:aring is a forum in which the governing body votes to either transmit or not transmit the proposed large scale comprehensive plan amendment to the Florida Department of Community Affairs, other state agencies and regional planning council to request their professional review and recommendations on the plan amendment resulting in an ORC (objections, recommendations and comments). The ORC Report is forwarded to the City within two (2) months from the date that the plan amendment submittal is found sufficient. CDDfNovember6, 2000/10:12 AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM K Page 3 FUNDING: ~o funds are required to transmit the large scale comprehensive plan amendment to the Florida Department of Community Affairs. FINDINGS: · The City's Comprehensive Plan indicates that the Battle Ridge Property (aka Bellfaire Subdivision) is designated on the Future Land Use Map as "Lower Density Residential" (1.1- 3.5 DU pl~r acre) The subject property (Weaver) is adjacent on the east side of the Battle Ridge Property. The applicant, Donald Weaver, requests the same Future Land Use M:ap designation as the Battle Ridge Property. The proposed Future Land Use Map (FLUM) designation is for a similar density range designation as found in the surrounding residential areas of Oviedo. Adjacent to the southeast the City of Oviedo has designated on its FLUM that the Weaver property and property to the east and south as "Low Density Residential" (1.0 - 3.5 DU per acre). This is essentially the same as the applicant, Donald Weaver, has requested from the City of Winter Springs which is "Lower Density Residential" (1.1 - 3.5 DU per acre). The area of McKinley's Mill is designated on the City of Oviedo's FLUM as "Low Density Residential. In the immediate and general area all properties developed as single family n~sidential are designated essentially the same density as the applicant is requesting. ][t continues a density pattern established by the City of Winter Springs and the City of Oviedo in their respective Comprehensive Plans. . The surrounding properties are essentially vacant. Any development of a single family subdivision in the near future should not present a nuisance to surrounding properties. . At the time of site development, a traffic impact analysis will be required to determine the measures required to offset the impacts and maintain traffic flow. . The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The State can require deceleration lanes and cente:r turn lanes to maintain traffic flow. The City's land development regulations and the site plan review process of the Development Review Committee can help prevent or minimize potential nuisances. . The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan . The comprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. CDD/November 6,2000/10:47 AM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM K Page 4 . The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Florida Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LS-CP A-2-00), to change the Future Land Use Map (FLUM) designation from Seminole County "Rural-3" (1 DU per 3 acres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the Donald Weaver Property on the Future Land Use Map of the City's Comprehensive Plan Land Use Element (Volume 2 of 2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY m:COMMENDA TION: MOTION BY BOARD MEMBER GREGORY: "I move to accept the staff findings and their recommendation." Seconded by board member Brown. Discussion. VOTE: Chairperson Rosanne Karr: nay Board Member Carl Stephens: nay Board Member Brent Gregory: aye Board Member Tom Brown: aye Vice-Chairman Bill Fernandez: nay Did not carry. MOTIO~ BY VICE-CHAIRMAN FERNANDEZ. "Madam Chair I'd like to make a motion. I would recommend that the City Commission not transmit this matter to the Department of Community Affairs for consideration of a 'ORC' (objections, recommendations and comments) Report, not to hold a second public hearing to CDDfNovember 3, 2000/4:34 PM NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM K Page 5 receive any 'ORC' Report, and those are for the very reasons that I expressed previously under discussion and the letters, the five different letters that we've received - two from Oviedo, one from Seminole County, one from the President of MacKinley Mills, and one from Ms. Jamell and the presentation of those members - of the public, who are present here and made presentations this evening opposing this recommendation during this transmittal." seconded by Board Member Stephens. Discussion. VOTE: Board Member Carl Stephens: aye Board Member Brent Gregory: nay Board Member Tom Brown: nay Vice-Chairman Bill Fernandez: aye Chairperson Rosanne Karr: aye Motion carried. ATTACHMENTS: A. Map of Subject Property. B. Local Planing Agency Agenda Item II. B. C. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment LS-CP A-2-00 (This Attachment same as LP A Agenda Item II. B. Attachment B) D. Legal Notice. COMMISSION ACTION: CDD/November 3, 2000/4:34 PM ATTACHMENT A o ' .~ - - --~'.'~': . - J"N .,\\'.:>>) u ..___ -l--~~ I ,.:~~~ ')\./ { ,-:_':J 1\ f ' )' f: :": . t'.' "':::',j/ /" - r. I' gtE~~.ron ... ...(::. ....1X. '~l L,]'-"I.":U" f " .) ) " _ .\1,.","'. IN \ I ~ ~ . 'C"-.; ..~__--=-;; '~. r~-~ .... \ :-_ :c- _:--; -<--l-..- -""0... V. ':.', ,\&_-::-'_~'- ('::......' /_ . Pt .. .."'_ ,..., H Q , . " . . .. , "" ~ 'w"., . -- '.. ,: '. yl_. . """"&/H>1 .m.m ~" -<,:~~.., ",,' ,""." . ~,h ' /' '......m ' . -' . ..," -<,_":'-" -...:.:' ,.' ' ,) (;S:!}/~~:. .'''0. ~ ~~ .o..~~~ Wapner ~'"'Y\ - \ w.r. "'-. .JESSUP I I I LEG SEe 03 TWP 21S RGE 31E E 245 FT OF S ~85.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS S 100 FT & RD) F'AI): 16:50 DE L.EClt~ 5T I I LEG SEC 03 TWP 21S RGE 31E . N 2/3 OF S 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS BEG SE COR RUN N 385.75 FT ~ 245 FT S 42 FT W 197 FT S TO A PT W OF BEG E TO BEG ~. F\D) PAD: 1740 DELEON ST I I I SEC 03 TWP 21S RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS-S 100 FT OF E 19FT) I LEG SEC 03 fwp 21S RGE 3it-.--. W 1/2 OF SW 1/4 OF NW 1/4 I I I I I I I I Property Legal Descnption BoWYER S,llNGLETON & .AssOCIATES, INCORPORATED Weaver Property I Prepared For: Don Weaver 520 SOUTH MAGNOUA AVENUE ORLANDO. FLORIDA 32801 (407) 843-5120 FAX 407-649-8664 Comprehensive Policy Plan Amendment (NCIH(('UNC . PlANNINC . SUftV(VINC . [NVlftONM[HrA. I 10-/7-00 8SA-/4 ATTACHMENT B ATTACHMENT A l' { :." ;"~:J I I I LEG SEe 03 TWP 215 RGE 31E E 245 FT OF S 385.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS 8 100 FT 8, HI)) F'Al>: 1I.1:"iO DE LEClI~ ST I I LEG SEC 03 TWP 215 RGE 31E . N 2/3 OF 5 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS BEG 5E COR RUN N 385.75 FT ~ 245 FT S 42 FT W 197 FT S TO A PT W OF BEG E TO BEG :1, f"\D) PAD: 1740 DELEON ST I I I SEe 03 TWP 218 RGE 31E W 197 FT OF E 442 FT OF S 343.75 FT OF S 2/3 OF N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4 (LESS-S 100 FT OF E 19 FT) I LEG SEC o3fwp 21S RGE 3i~-'-". W 1/2 OF SW 1/4 OF NW 1/4 I I I I I I I I Property Legal Descnption ~BpWYER 0]1l ~GLEIDN & ASSOCIATES, INCORPORATED Weaver Property I 520 SOUTH MAGNOUA AVENUE ORLANDO. FLORIDA 32801 (407) 843-5120 FAX 407-849-8664 Comprehensive Policy Plan Amendment I Prepared For: Don Weaver (HCINUltlNC . 'LAHNINC . IUftV(VIHC . (HYlftONM[HrAI 10-17-00 BSA-14 ATTACHMENT B ATTACHMENT C ATTACHMENT D ~' i. November 13, 2000 CITY OF OVIEDO FLORIDA 400 ALEXANDRIA BOULEVARD. OVIEDO, FLORIDA 32765. (407) 977-6000 ~-;r.;W<'-.._"~:~"'~-T({{~7(JD b1 gi~i':~ Y~~.Y .~ D~.<- , ;''11;'' _ >1 ',.' " ;i~:.2:.=(1 -.. q-'. It<~l/ L-____~____"_ V. EUGENE WILLIFORD, III CITY MANAGER __ ~__.._____~.___ ._____...J Honorable Paul Partyka, Mayor City of Winter Springs Local Planning Agency 1126 East State Road 434 Winter Springs, FL 32708 Re: City of Winter Springs Large Scale Comprehensive Plan Amendment Comprehensive Plan Amendment LS-CP A-2-00 Weaver Property Dear Mayor Partyka: The purpose of this letter is to formally object to the large scale comprehensive plan amendment of the subject property to be considered on November 13, 2000 by the City of Winter Springs City Commission. In 1999, Seminole County and the City of Oviedo entered into a Joint Planning lnterlocal Agreement (JPA). The IPA established the Oviedo/Seminole County Joint Planning Area and the Oviedo Future Annexation Area, which includes the subject property. One of the main purposes of the JPA is to protect the rural integrity of and discourage urban sprawl into the Black Hammock Area. The subject property is located within the Black Hammock Area and designated Rural-3 on Seminole County's Comprehensive Plan future land use map. The JPA includes a "Future Land Use Equivalency Chart" which identifies compatible land use designations adjacent to the County's East Rural Area. According to this Equivalency Chart, the equivalent future land use designations to the existing County future land use designation are Low Density Residential-Transitional and Rural. Thus, the proposed Winter Springs future land use designation is not consistent with the Equivalency Chart of the JPA. The subject comprehensive plan amendment is inconsistent with the JP A's planning objectives to protect the integrity of and discourage urban sprawl into the rural area of the County known as the "Black Hammock". Rule 91-5, Florida Administrative Code, defines urban sprawl as "urban development or uses which are located in a predominantly rural areas, or rural areas interspersed with generally low-intensity or low-density urban uses, and which are characterized by one or more of the following conditions: (a) The premature or poorly planned conversion of rural land to other uses; (b) The creation of areas of urban development or uses which are not functionally related to land uses which predominate the adjacent area; or (c) The creation of areas of urban development or uses which fail to maximize the use of existing public facilities or the use of areas within which public services are currently provided. Urban sprawl is typically manifested in one or more of the following land use patterns: Leapfrog or scattered development; ribbon or strip commercial or other development; or large expanses of predominantly low-intensity, low-density, or single-use development." .. A ~ ."-. Honorable Paul Paryka, Mayor, City of Winter Springs Comprehensive Plan Amendment LS-CPA-2-00 November 13,2000 Page 2 The subject property is not only located in a predominantly rural area but is located in Seminole County's adopted East Rural Area. The surrounding area is predominately rural single family and agricultural uses. As one drives through the area, it is obvious that development of the subject properties at the proposed densities and intensities is premature. Assigning the Lower Density Residential future land use designation to the subject property equates to the creation of an area of urban development or uses which are not functionally related to land uses which predominate the adjacent area and fails to maximize the use of areas within which public services are currently provided. Thus, the subject comprehensive plan amendment meets the State's definition of urban sprawl which is inconsistent with the IP A's planning objectives for the Black Hammock area. In addition, the subject comprehensive plan amendment is inconsistent with the City of Winter Springs Comprehensive Plan Future Land Use Goal 3, Objective A; which discourages the proliferation of urban sprawl. The subject comprehensive plan amendment is inconsistent with the UrbanlRural Boundary adopted in the Seminole County Comprehensive Plan. The subject property is located within the designated Rural Area of the Seminole County Urban/Rural boundary. The intent of the Urban/Rural Boundary is to prevent the erosion of the character of the rural area by establishing a line that separate urban and rural uses and defines the limits where urban services should not be extended. Thus, the subject comprehensive plan amendment is an intrusion into the adopted Rural Area. At its October 25, 2000 special meeting, the City of Winter Springs Local Planning Agency conducted a public hearing, and thereat, recommended that the City Commission not transmit the subject amendment to the Department of Community Affairs. The City of Oviedo concurs with the Local Planning Agency's recommendation and requests that the City of Winter Springs City Commission not transmit the subject large scale comprehensive plan amendment to the Department of Community Affairs for the reasons stated above. If you have any questions, please contact Mr. V. Eugene Williford, Ill, City Manager at (407) 977-6000. Sincerely, THE CITY OF OVIEDO cr2: Tom O'Hanlon, Chairman City of Oviedo City Council cc: Honorable Mayor and City Council of the City of Oviedo V. Eugene Williford, III, City Manager, City of Oviedo William L. Colbert, Esquire, City Attorney, City of Oviedo Mr. Bryan Cobb, Director of Planning and Zoning, City of Oviedo City of Winter Springs City Council Mr. Ronald Mclemore, City Manager, City of Winter Springs Seminole County Board of County Commissioners Mr. Kevin Grace, County Manager, Seminole County Ms. Frances Chandler, Deputy County Manger, Seminole County COUNTY MANAGER'S OFFICE November 13, 2000 Honorable Paul Partyka, Mayor City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Subject: Annexation and Plan Amendment for Donald Weaver and Thomas Minter Dear Mayor Partyka: The County has received notice of the subject annexation and plan amendment requests for Mr. Donald Weaver and Mr. Thomas Minter (see enclosed maps). We understand that on November 13, 2000, the City will conduct the second of two public hearings regarding annexation of these properties. We also understand that on November 13 the City will consider transmitting a large scale plan amendment to the Florida Department of Community Affairs to change the land use from the County's Rural-3 [one dwelling unit per three (3) net buildable acres] to the City's Lower Density Residential (1.1 to 3.5 dwelling units per acre) for the Weaver and Minter properties. After careful review, we believe that Lower Density Residential land use on these properties would be an encroachment of an incompatible use into the County's Rural Area and would be inconsistent with the intent of the "1999 City of Oviedo/Seminole County Joint Planning Interlocal Agreement", as described below. ' First, it is our belief that the proposed annexation and plan amendment requests for these properties by the City of Winter Springs would be at odds with the County's long standing efforts to protect the character and lifestyle of the Rural Area. The subject properties are located within the County's East Rural Area and designated as Rural-3 on the County's Future Land Use Map and zoned the A-3 rural zoning classification (see enclosed future land use map and excerpts from the Future Land Use Element of the Seminole County Comprehensive Plan). Secondly, we have enclosed a page from the minutes of the City Commission's meeting regarding the Battle Ridge property. At this meeting, Mr. Ron McLemore, City Manager, stated that "the City has gone on record saying that we respect the Urban Service Line and we have no interest in trying to go beyond that point (see enclosed page 16 of the Regular Meeting Minutes of the City Commission, January 26, 1998). Also enclosed is a copy of page 8 of the Annexation and Pre-Development Agreement for Battle Ridge, which provides for ten feet of property on the east property line of Battle Ridge to ensure that the 1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7219 FAX (407) 665-7958 Honorable Paul Partyka, Mayor November 13, 2000 Paqe 2 road system is not connected to future development to the east (see enclosed page 8, Section 7(E)4 of the Annexation and Pre-Development Agreement of 1998 for Battle Ridge Companies, Inc.). Thirdly, on October 25, 2000, the County submitted a letter to Ms. Rosanne Karr, Chairperson of the City's Local Planing Agency, objecting to the proposed plan amendments and rezonings (see enclosed letter from Frances Chandler). It should be noted that the Local Planning Agency recommended against these amendments at their hearing on October 25 (see enclosed pages 4-5 of the staff reports for the Weaver and Minter amendments). In addition, Seminole County and the City of Oviedo entered into a Joint Planning Interlocal Agreement (JPA) in 1999. One of the main purposes of this agreement is to "Protect the general rural character of the Rural Areas of Seminole County as depicted in the Seminole County Comprehensive Plan..."[see enclosed JPA page 4, Section 2(a)(3)]. The subject properties are located within the County's East Rural Area and designated as Rural-3 on the County's Future Land Use Map and zoned the A-3 rural zoning classification (see enclosed future land use map). These properties are also located within the "Transitional Areas", identified in the subject JPA (see enclosed JPA Exhibits "B" and "C"). Consequently, the proposals fail to address the issues, which are adequately addressed within the JPA between the County and City of Oviedo. Finally, you are aware that for some time now, staff from the County and City of Winter Springs have been working toward the development of a joint planning agreement to address land use issues along the borders of the County and City of City of Winter Springs. Given the above concerns, we respectfully request that the City Commission: 1. Deny the proposed annexation and plan amendment requests for Mr. Donald Weaver and Mr. Thomas Minter; and 2. Direct City staff to expedite development of a joint planning agreement that will address protection of the County's rural community and provide an overall approach to joint land use planning between the County and City of Winter Springs. Thank you for the opportunity to review and comments on these matters. We look forward to working with you and your staff toward completion of a much- discussed joint planning agreement between our jurisdictions. <~ !~S ~~ l~j o~ 6"1- ~~ (z,~ ~ ~\/l1C0 i)~.~ '-p~~ ~(~( UK/( Honorable Paul Partyka, Mayor November 13, 2000 Paqe 2 If you have any questions, please feel free to contact Frances Chandler, Deputy County Manager, who may be reached at 407-665-7224. Sincerely, #y~~ .~ ounty Manager Enclosures: . Page 4, Section 2(a)(3) of the Seminole County/Oviedo JPA . Future land use map . Objective 2. 11 and related policies from the Seminole County Comprehensive Plan . Exhibits "B" and "C" of the Seminole County/Oviedo JPA . Page 16 of the Regular Meeting Minutes of the City Commission, 1/26/98 . Page 8 of the Annexation and Pre-Development Agreement for Battle Ridge · Letter from Frances Chandler dated October 24, 2000 · Pages from the staff reports for Minter and Weaver KG:tm cc: Ronald McLemore, City Manager, City of Winter Springs V. Eugene Williford, III, City Manager, City of Oviedo Seminole County Board of County Commissioners Frances Chandler, Deputy County Manager Jim Marino, Deputy County Manager I:\old_ dp_ voI2\cp\projects\special\jpa\wsjpa\weaverminter11_ 13_00 .doc SECTION 1. RECITALS. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2. PURPOSES OF AGREEMENT/JOINT PLANNING AREA. (a) The purposes of this Agreement are to: (1) Provide for joint land use planning. (2) Develop planning and land use principles and goals, policies and objectives relative to land use planning in areas of Seminole County that are impacted by the actions of both . the COUNTY and the CITY or which are of concern to the COUNTY and/or the CITY. (3) Protect the general rural character of the Rural Areas of Seminole County as depicted in the Seminole County Comprehensive Plan, as it may be amended, by establishing limits for and conditions relating to future annexations by the CITY. (4) Provide for mutually agreeable future land use designations that will ensure land use compatibility between the COUNTY and the CITY. (5) Provide each party with a level of confidence that their respective planning efforts will be implemented in a harmonious manner and that the planning efforts of a party will not detract from the planning efforts of the other party. (6) Promote continued intergovernmental coordination and cooperation between the COUNTY and the CITY. (7) Reduce conflicts relative to land use matters and resolve any disputes that may arise in accordance with agreed upon procedures-and State law. 4 ----- Cm e_. ... L Lake ~ ... .. Jesup . ..-..... -' .... 0,./0'-''" .\......::, 0' .... .d ~.. .. ,0 m R10 _.- _.0 4',..- ...4'........ -- - - , - .=:c:::- --- ---- R10 ARRAV' .. -.. .-- ... -.. .... .'. .-- ...- ..... .... -.- -'.,. ....,. .,.... .... ... -... .... ...- ... . - - . = - S Battle Rid,e 0 R5 (Belfaire z = - lA AVE FLORI s_ \ " " ".i....._ "....COM ii '..-'. ......... --.... ~ coRt " I I " " \\ " ---L-- Wit --" " ~"V " ~ ~ I ~II urr UTrUT'i""W ".rrnJT,... n..,..,,-urrL.i1.(l,..J'Tr... ';':0: ..... "c-- ..- ~ ...--: LDR ~~~ 00 J 1 ~~. L R SE \ ~~ ~. '-. I F T t z I I "1- > I / ee ~~ ~ nil n t- ee .g -----' ~\ ~ I. Tll II: - f.. \y ... Z ~ ~ ~I I I I I I I I ~ W ---\ ~ u T '\ :;:>\?~ ::: ~ 1,1, \ Ir~ T 'j ~ " If ~ -p: )..)< ,y '^' I 'J.-. I I rn::: 0.6 I o I 0.6 I 1.2 Miles I Future Land Use Map Cal.ll'JroU, MiR'ilh~Jr & W eaveJr IPJr((J)lPeJritie~ Legend D Parcel /^.} Urban Rural Bnd _COM DLDR DR10 DR5 I.,,-cjiiil R3 DSE D WATER ~",;!J;'''1 Minter Property IiII Weaver Property IDID Carroll Property D City of Oviedo D City of Winter Springs A Source: Prepared by Cartographies with information from the Seminole Co GIS data library. Original data provided by Seminole Co. Comp Planning Dept within Seminole County. FLU Base is 1998 data, with current updates to County land uses. 11/6/00 Iplanlcpms01/wkgrpa/nov3wsparcel.apr ~1EM~lNIOJ1lE CC<OlDJJNrurl' 1991 COMPREHENSIVE PLAN continue to exist notwithstanding its incompatibility with any land use designation created in this Plan. However, if such sites are undeveloped or the uses are abandoned (including as a result of acts of God or similar occurrences or events) for a period of one hundred and eighty (I80) days; then such sites shall be assismed a new land use designation and rezoned to be c;nsistent \\1th that land use designation. Policy 2.10.5 Special Land Use Considerations The County shall establish an advisory council to recommend land use and land development code measures to help meet the needs of handicapped residents in the County. OBJECTIVE 2.11 PRESERVE RURAL LIFESTYLES IN EAST SEMINOLE COUNTY The County shall institute policies and programs designed to preserve and reinforce the positive qualities of the rural lifestyle presently enjoyed in East Seminole County, referred to herein on occasion as the "Rural Area," (as defined in Figure 2.9) and thereby make sure the rural lifestyle is available to future residents. (Amendment: 95F.FLU 11) Policy 2.11.1 Recognition of Rural Areas The County shall develop land development reoulations and land use strategies by April 1992 that re~osmize East Seminole Councy as an area with specifiC rural character rather than an area anticipated to be urbanized. It shall be the policy of the County that rural areas require approaches to land use intensities and densities, rural roadway corridor protection, the provision of services and facilities, environmental protection and code enforcement consistent with the rural character of such areas. Policy 2.11.2 Agricultural Primacy The County shall encourage continuation of arncultural operations in East Seminole County. AlITicultural uses on lands that have an agricultural " exemption from the Seminole County Property Appraiser will be considered to have "primacy" in the area. Primacy means that conflicts between such a!ITicultural lands and other non-agricultural uses, all o~her factors being equal, will be resolved in favor of the agricultural interests. AMENDMENT 95F.FLU II, ORDINANCE 95-14 (12/12/95) Policy 2.11.3 Land Development Code Revisions to Accommodate Rural Uses The Countv shall revise The Land Development Code by April 1992 to accommodate the "Rural" series of land use designations with the institutional, public and other support uses offered as Special Exceptions to the appropriate rural zoning category, rural clustering and roadway corridor districts. Policy 2.11.4 Rural Cluster Development The County shall develop rural cluster land development regulations by April 1992 which will be designed to preserve open space along roadway corridors, preserve open space in rural residential areas, preserve natural amenity areas, enhance the rural character of the area and ensure that development along the roadway corridors improves or protects the visual character of the corridor by encouraging the clustering of dwelling units, as long as lots are no smaller than I acre, with the perpetual reservation of the undeveloped buildable land as open space. The rural cluster regulations are intended to affect the location of the number of dwelling units authorized by the future land use designation and not serve as a vehicle for increasing the lot yield above the number of units authorized by the designated rural land use designation. Policy 2.11.5 Roadway Corridor Overlay District for the Major Roadways in East Seminole County The County will develop and enact, by April 1992, a Rural Roadway Corridor Zoning Classification Overlay for the major roads in East Seminole County in order to regulate land development along the major roadways to improve or protect the rural character of the area. The overlay corridor classification shall extend 200' on each side of the road right-of-way which will generally correspond to the b~ilding, parking, and clearing setbacks unless s~c.lfically determined that a particular structure or activIty that is located upon property assigned the classification uniquely re-enforces the rural character of the area. The overlay classification shall regulate land development along the major roadway system in East Seminole County by, at a minimum, establishing standards for: o land use types and frequencies o preservation of existing canopy trees o planting of new canopy trees o landscaping requirements o clearing setbacks and restrictions B-49 ~,.,.'..".'.'." ~ FUTURE LAND USE ELEMENT S~MKNOlIn1E C01DJJNJT1f 1991 COMPREHENSIVE PLAN o building character, setbacks and locations o location of parking o location of equipment storage o walls, fences, entrance features and similar structures o location and design of retention ponds o access management o the number of travel lanes o the number and location of traffic signals o the absence or presence of overhead powerlines or their presence on only one side of the street with lateral crossings underground o the location and design of signage o the location and design of street lights o easements, deed restrictions and other instruments required to perpetually preserve the undeveloped portion of th~ roadway corridor. For the purposes of this policy the term "major roadway system" means County Road 419, State Road 46, County Road 426 and Snowhill Road to the Extent tltat they are located in East Seminole County. B-SO ~""":"" :~::,~~~..:;;;;i.~".._ ~~~;". . ~> -..'1.1;' ":" ~ -',." '. . ;:FK:~'~,;~;:::: :/~~i~!!~,~ FUTURE LAND USE ELEMENT \ ~ ~~Ml[~T01k~ COlUJl~rl~1f 1881 COMPIBHBN8IVB PLAN Figure 2.9: SEMINOLE COUNTY SPECIAL AREA BOUNDARIES ~ I VI ...... ~_..--L_~tl~ \('.U I:c ,1....,1.. I. ./.1.., ,... "'.'4 .aJ. ...., ,..,. '. 13-51 FtJ'l'tJU LAND UIB '".~ LEGEND: WEJ<IVA RIVER PROTECTION AREA BOUNDARY UflBANIRURAL BOUNDARV (See Objective 2.111 [~] ~ WI [] RURAL AREA (OUTSIDE URBAN SERVICE AREA) EAST LAKE SYLVAN TRANSITIONAL AREA (S.. Objective 2.14) PROPERTES SUBJECT TO LOT SIZE RESTRICTIONS ISee ObJecllve 2,14) URBAN AREA AMENDMI~NTS flHF.TXT:3.7 anti 9BF.\VHI'A.TXTI7-:W ORDINANCE gn-GO (Decemher If>, 199H) ~JEMITNOJ1JE COUJNI1r'f 1991 COMPREHENSIVE PLAN Policy 2.11.6 Landscaping and Maintenance Standards for Rural Roadways By December 1996, the County will prepare corridor evaluations and establish landscaping/maintenance standards for roadways in rural and transitioning areas (SR 434 and Florida A venue). These standards shall include: (Amendment: 95F.TXT 3.2) o access management o trees and landscaping o accommodation of bike/pedestrian movement o speed limits. signage. markings and other operational devices o drainage o maintenance o utilities. Policy 2.11.7 Prohibit Future Connection of Florida Avenue with Stone Street In order to preserve the rural area of Eas1 Seminole County and maintain the ruml chamcter of the entrance roadways into the rural area. any future connet:tion of Florida Avenue with Slone Street shall he prohihited. (Amendment: 95F.TXT 3.5) Policy 2.11.8 Roadway Corridor Overlay District for the Minor Roadways in East Seminole County The County shall develop and enact, hy April 1992. a Rural Roadway Corridor Overlay Zoning Classification for the minor roads in East Seminole County in order to regulate land development along 1he minor roads to improve or protect the rural character of the area. The overlay corridor district will extend to a point between 50- 100 feet on each side of the road right-of-way which will generally correspond to the building. parking and clearing setbacks unless specifically determined that a particular structure or activity that is located upon property assigned the classification uniquely re- enforces the rural character of the area. The overlay classification will regulate development along the minor roadway system in East Seminole County by. at a minimum, establishing the standards for: o land use types and frequencies o preserva1ion of existing canopy trees AMENDMENT 95F. TXT 3.2. ORDINANCE 95-14 (12/12/95) AMENDMENT 95F. TXT 3.5. ORDINANCE 95-14 (12/12/95) o planting of new canopy trees o landscaping requirements o clearing setbacks and restrictions o building character. setbacks and locations o location of parking o location of equipment storage o walls. fences. entrance features and similar structures '0 location and design of retention ponds o access management o the number of travel lanes o the number and location of traffic signals o the absence or presence of overhead powerlines or their presence on only one side of the street with lateral crossings underground o 1he location and design of signage o the location and design of street ligh1s o easements, deed restrictions and other instruments required to perpetually preserve the undeveloped ponion of 1he roadway corridor. For the purposes of this policy the term "minor roadway system" means Florida Avenue. Lockwood Rd.. Lake Mills Rd/Brumley Rd. that "loops" Lake Mills. the proposed Chuluota By-Pass, Lake Geneva Road.. 1st Street. Lake Harney Rd., Old Mims Rd./Jungle Rd. south of SR 46, Osceola Rd., and Mullet Uike Park Rd. Policy 2.11.9 Rural Roadway System Level of Service Standards The Coun1y has adopted rural roadway level of service standards. The major and minor roadway system in the Rural Area currently consists of two lane (2l) facilities. CR 419 west of the proposed Chuluota By-Pass is the only segment programmed for a four lane improvement. The other roads are not expected to require, nor are they planned to receive, capacity improvements over the 20 year planning period. The County shall discourage additional roadway capacity expansions and proceed to regulate these facilities consisten1 with the Rural Roadway Corridor Overlay zoning classification requirements. Policy 2.11.10 Methods of Providing Water Outside of the Adopted Urban Area (as depicted in Figure 2.9) Potable Service The County shall: ( " B-52 ~.."'-'.. ~ FUTURE LAND USE ELEMENT S~MKlNrOIIn1E ~OlDJlNrur1f' 1991 COMPREHENSIVE PLAN o Continue to rely primarily upon individual wells as the method of providing potable water to the residents and other occupants outside the urban serVice area. o Encourage private central systems that exist as of the adopting date of this Plan to continue 10 provide an adequate level of service to users in their respective service area<;, although the County shall discourage them from expanding their service areas. o New development outside adopted central service areas shall not he designed nor constructed with central water and/or sewer systems. Public and private central systems may he permitted in the future if it IS clearly and convincingly demonstrated hy the proponents or the system expansion that a health problem exists in a huilt hut unserved area for which there is no other feasihle solution. In such cases, the service area expansion plans will be updated concurrent with an area-wide administrative land use update (Amendment 98CSAS.TXT6). Policy 2.11.11 Methods of Providing Sanitary Sewer Outside of the Adopted Urban Service Area (as depicted in Figure 2.9) The County shall: o Continue to rely primarily upon individual septic lank systems as the method of disposal of waste- water outside the urban serviccs area. o Encourage priva1e central sys1ems that exist as of the effective date of this Plan to continue to provide an adequate level of service to users in their respective service areas. The County shall discourage the expansion of service areas. o New development outside adopted central service areas shall not be designed nor constructed with central water and/or sewer systems. Public and private central systems may be permitted in the future jf i1 is clearly and convincingly AMENDMENT 98CSAS. TXT6, ORDINANCE 99.13 (5/11/99) demonstrated by the proponents of the system expansion that a health problem exists in a built but unserved area for which there is no other feasible solution. In such cases, the service area expansion plans will be updated concurrent with an area-wide administrative land use updatc.). (Amendment 98CSAS.TXT7). Policy 2.11.12 Methods of Managing Stormwater The County shall: o Regulate stormwater management consistent with County-wide regulations with thc ohjective of maximizing aquifer recharge, minimizing flooding and protecling wetland systems. o Continuc to use Municipal Service Benefit Units to fund drainage improvements when appropriate. Policy 2.11.13 Methods of Collecting and Disposing of Solid Wastes The County shall continue to use the solid and hazardous waste collection and disposal systems provided throughout the county to serve the Rural Area. Policy 2.11.14 Recreation System Plan The County shall prepare a Recreation System Plan for East Seminole County by December 31, 1999 thaI maximizes 1he collective advantages of the several parks and trails in the Rural Area. Policy 2.11. 15 Protection of Natural Resources The County shall: o Protect the wetland and flood prone areas in the Rural Area consistent with the provisions of the Future Land Use and Conservation Elements of this Plan and through the potential purchase of properties with funds deriving from the Natural Lands Program authorized by voter referendum in 1990. AMENDMENT 98CSAS. TXT7, ORDINANCE 99.13 (5/11/99) B-53 &13"." , ...' "', " .;, , '.~ ... "'; .' , '. ... .. .~~. ..... l,o.,. :;':' . .:":: ....:. I: ~. . .. . FUTURE LAND USE ELEMENT ~18MTI1NJ0J1~ (COtuJN1rl' 1991 COMPREHENSIVE PLAN o Re-evaluate the effectiveness of the County Arbor Ordinancc. referenced by Policy 2.1.6. pcriodically. o Protect the groundwater systems in the Rural Area as depicted in Figure 2.9, including, but not limitcd 10. the Geneva "Lens" by: · Continuing to permit only large lot residential development in the Rural Area to minimize water consumption and maximize aquifer rc!.:harge due to' small impervious surface areas; · Relying on a system of small individual residential wells for the provision of potable water that disperse the potentially adverse effects of groundwater drawdown associated the excessive pumping of the aquifer; · Relying on properly installed and periodically inspected septic tanks on large lots that return water to the aquifer to be the primary system of wastewater disposal; and · Rclying on stormwater management systems designed as required by the Rural Subdivision standards enacted in accordance with the provisions of this Plan to maximize recharge of stormwatcr into 1he aquifer. o Protc!.:t thc E!.:onlockhatchec River In East Seminole County by: · Regulating development adjacent to the River in accordance with the existing Wetlands Ordinance (see Policy 2.1.3).Regulating development adjacent 10 the River in accordance with the Econlockhatchee River Basin Protection Ordinance enacted by the Board of County Commissioners in 1991. · Purchasing properties, when appropriate, with funds from the Natural Lands Program and other Federal, State, and regional programs. · Enacting provisions in the Land Development Code by April 1993 regarding the prohibition of additional bridge crossings of the River. o Protect the SI. Johns River by: · Continuing to enforce the eXIsting Wetlands Ordinance (see Policy 2.1.3). · Purchasing properties, when appropriate, with funds from the Natural Lands Program and other Federal, State, and regional programs. · Preparing an overlay pro1ection ordinance creating standards similar to the "Econlockhatchee River Protection Ordinance". (Amendment 98CSAS.TXT8) Policy 2.11. 16 Code Enforcement and Implementation The County has: o Enacted and enforced Rural Standards, as necessary, designed unique needs of the Rural Area. Subdivision to meet the o Completed a study to determine the most effective method of providing improved inspection and code enforcement services in the East Rural Area. o Pursued Joint Planning Agreements with the City of Oviedo and the City of Winter Springs for the purpose of achieving Objective 2.11. o Provided that lots originally recorded or platted as 5 acres and/or 10 acres in size in the old Black Hammock Plat that have been reduced in size by the amount of land dedicated to public road rights-of-way, shall be considered as 5-acre and/or IO-acre lots for purposes of land use consistency and dwelling unit yield determination. For example, a lot that was originally platted as a I D- acre lot that now contains only 9.17 acres because, and solely because, land from the original lot was dedicated to a public road right- of-way, will be considered a IO-acre lot; 5 acre lots, and multiples of 5-acre lots. similarly reduced, will be treated likewise. AMENDMENT 98CSAS. TXT8. ORDINANCE 99-13 (5/11/99) t '. B-54 [:].....'..... .' -~'."'. . .. FUTURE LAND USE ELEMENT ~1EMTIINJOlLJJE (COlUJ1NJTl' 1991 COMPREHENSIVE PLAN () Address conditions existing prior to adoption of this Plan as follows: It is the intent of the rural residential land use desi~l1alions (Rurall. Rural 5. Rural 10) 10 guide Ihe future development and use of these areas. For the purpose of the Rural 3. Rural 5 and Rural 10 categories. structures existing as of the adoption date of the 199/ Comprehensive Plan shall be permitted to be rebuilt in the event of an accident or otherwise improved ns long as the gross density of residential property or intensity of non-residential property of the property is not increased and/or the land use remains consistent with those regulations in effect as of the adop1ion date of this Plan. Lots and parcels of record as of the dnte of adoption of the Comprehensive Plan shall be allowed to be built upon even if they are smaller than the new lot size standards, as long as all other land development regulations are met. Parcels of record shall include all parcels of land recorded and all lots which are part of a subdivision plat, 5 acre Resolution or Waiver to Subdivision Regulations which have received final approval or execution prior to the adoption of this Plan. This provision is based on the following findings: · These lots and parcels are a generally accepted developmen1 pattern by residents of the East Area of the County; · The grand fathering of these certain lots and parcels will not adversely affect the overall intent and objectives of the Rural Area Plan; · Development of lots deriving from these lots and parcels will be subject to all Land Development Code provisions and therefore will further implemen1 the provisions of 1he Rural Area Plan; and · There are expressed expectations and intent by these existing property owners to use their properly in a certain manner as evidenced through their applicalion for and action by the Coun1y to record a parcel, approve and maintain as valid a final Development Order or execute a 5-a<.:re Resolution. o Facili1a1e 1he continua1ion of the family farm by permitting family subdivisions. It is the intent of the "Rural 10" and "Rural 5" Land Use categories to permit the development of tracts of land for the use of family mcmbers for their primary residences. For the purpose of the "Rural 10" and "Rural 5" category. properly developed and/or suhdivided for the use of immediate family members for their primary residence shall not he limited in densily to one dwelling unit per ) 0 acres. but mny be devcloped for up 10 three family residences on a minimun of 10 acres notwithstanding the density pursuant to the clustering provisions established in this Plan. Immediate family is defined as persons related by blood. marriage. or adoption, such as parents. spouses. siblings and children. Those provisions shall not be construed to permit land to be subdivided in a lot size smaller than I acre. (Amendment: 95F.TXT 3.3) Policy 2.11.17 Facilities Improvements Consistent with the Rural Character Improvemen1s to public facilities sh:lll be accomplished whenever possible in a manner so as to preserve or enhance the rural character of East Seminole Coun1y. This criteria shall apply to level of se~vice standards, location, design standards, materials and any other items impacting 1he final result. OBJECTIVE 2.12: PROTECTION OF PRIV A TE PROPERTY RIGHTS (Created in its entirety by Amendment 95F.TXT 7.3) The County shall not intentionally enact or impose any unreasonable land development regulation or apply any land development regulation in an unreasonable manner such that the taking of private property rights would result. Policy 2.12.1 Private Property Rights Act The County shall fully implement the provisions of the Bert J. Harris, Jr., Private Property Righls Protection Act (Sec1ion I, Chapter 95-181, Laws of Florida). Each slaff recommendation relative to any land use decision shall consider lhe provisions of that Act and other general principles of law relating to the AMENDMENT 95F. TXT 3,3. ORDINANCE 95- 14 (12/12/95) AMENDMENT 95F. TXT 7.3. ORDINANCE 95- 14 (12/12/95) ~ ~~,'.~J~:~l:;'_ _' , '. - ~ "'. ' ..., '''' . ' , . '", .'-......:.,. .,.\, "" ,"- FUTURE LAND USE ELEMENT EXHIBIT "B" FUTURE LAND USE EQUIVALENCY CHART Future Land Use City Land Use County Land Use LDR-T " Suburban -Single Family R-lAAA: 20,000 sq. ft. Suburban Estates PUD: 10,500 sq. ft. 1 DU/Acre --. Low Density ResidOltial ~ I LDR I LDR Single Family 3.5 DUtAcre 4 DU/Acre 3.85 DU/Acre (PUD) I 7 DUt Acre Medium Density Residential MDR MDR 8 DU/Acre 10 DU/Acre 8.6 DU/Acre (PUD) High Density Residential HDR HDR 15 DU/Acre > 10 DU/Acre 15.75 DU/Acre (PUD) Offu:e I ' Office - I" Office .30 FAR 35 FAR Commercial Commercial : I Commercial .5 FAR I (mcludes Office) PUD: .6 FAR (includes Office. Recreation., 35 FAR Light Industrial. Public, or Institutional) I IndustriaL Industrial: <.6 FAR Industrial PUD: Industrial/<.6 FAR (includes Office & Commercial) Commerci.all .5 FAR .65 FAR Office/.3 FAR Publici .5 FAR High Intensity Mixed Use Planned Unit Development I High Intensity Planned Development Planned Development Residential: <5.0 20 DU/Acre - Transitional Commercial: <.5 FAR 50 DUI Acre - Core Office: <.3 FAR . .' " .35 FAR Industrial: <.5 FAR ' . Pub/ic/Recreation Public I PubliclQuasiPublic Recreation Conservation I Conservation I Conservation Rural-II LDR-T I Rural 10; Rural 5; Rural 3 R-CE: 40,000 sq. ft. I lOU/I0 Acres PUD: 10,500 sq. ft. i I DUt5 Acres Rural I 1 DU/3 Acres < 1 DUtAcre I (1) The equivalency chart does not apply to the area between the Wmter Springs Eastern City Limit and DeLeon Street which is outside the "Transition Area" and is adopted as RuraI-3 on the Seminole County Future Land Use Map. Rel!ufar Meetin2 City Commission January 26, 1998 07-98-08 Pa2.e 16 ( City's Comprehensive Plan, to add the plan policy. Mr. Matthew said the County is hoping to start this year working with all the Cities to do joint planning agreements and said this would give rhe County time to do that, because once this is started it may take time to put a JP,A together. This recorrnnendation would get the County to a joint planning agreement in the interim for the adoption of this policy and the second issue is the trail issue, the Rorida National Scenic Trail runs east to west and traverses this property along the old R.R line and what they ask is that some kin<! of provision or statement be put in the development agreement to accommodate that trail whenever it is developed. Mr. Matthews said he can't speak to the details of the trail issue tonight, and how that would impact this proposed subdivision but those things could be worked out as long as it was a part of the agreement to do that so that the applicant would be required, as a condition of the agreement, to at least meet with the County and discuss the trail issue. Mayor Partyka asked Mr. Matthews if he knew how Commissioner Morris came to the position regarding the 10 foot easement. Mr. Matthews said he knows that the 10 foot easement was a recommendation that carne from their current manager of their Planning Division. Mayor Partyka asked about Commissioner Monis' recommendation that the residential floor area going from 1,800 to 2,000 because of McKinJey's Mill was at 2,00 S<}.ft. Mr. Matthews said the reason for that was that they looked, (using their O.IS. system) at the median lot sizes and home sizes in'McKinIey's Mill and said the 2,000 sq.ft., was a recommendation that was from him to be that much more compatible with McKinJey's ~1ill. l\1r. Matthews mentioned that the Seminole County Board of Commissioners adopted Suburban Estates and said he has not had an opportunity to go back and meet with the ( Commission (at a full board) to ask them if they have changed their mind, and said he is making the assumption that the County Commission still maintains the current position as stated in the letter. Mayor Partyka asked the developer if they could consider going from 1,800 sq.ft. To 2,000 sq.ft..as a minimum residential home, which would eliminate a major point of the County. Mr. Leonhardt said not being a home builder, what they are finding in talking to the home builders in the community that they are talking with are happy with the R-l A zoning and they have alerted the home builders that there is a requirement that we achieve a retail sales value for the lot and home in the $180,000 and higher price range, and said the R-IA standards call for 1,800 sq.ft. so it is difficult to ask Mr. Allen to pick a number out of the air, and so the answer is no. Manager McLemore said to Mr. Matthews, that the City has gone on record saying that we respect the Urban Service Line and we have no interest in trying to go beyond that point and said he thinks, as indication as to the sincerity about that, we have amended our planning map back to that line, Manager McLemore said the part that bothers him is with a joint agreement between the City of Winter Springs and the City of Oviedo relative to annexation, he said he doesn't have a problem with that and said the City has tried to say that, but what bothers him is getting "stonewalled" (and said he doesn't know that this would happen) by Oviedo to come to the table and get to an agreement and said it kind of puts the City in a difficult position. Manager McLemore said for clarification as to what the County is asking and that being "no NOV-06-2000 09:19 P.09 2. The costs of all street signs and traffic control signs and devices located within the Property, shall be borne by the Owner or Developer. 3. The Owner or Developer agrees to improve the State Road 434 project entry, as part of required installations of subdivision improvements required by the City Code on the Property, to allow two (2) outbound and one (1) inbound entry movements, acceleration and deceleration lanes along State Road 434, provided these improvements are allowed by Florida Department of Transportation. 4. The Owner will design its internal road network to preclude connection to adjacent properties to the east. To further assure that the road system is not connected to future developments to the east, Developer wi1l dedicate on the plat or by separate recorded instrument ten feet of property on the east property line of Owner's developable property to the project's homeowner's association as a preserve area. The only improvements which shall be allowed in said preserve area are those necessary to effectuate any type of natural scenic trail, as expressly authorized by Owner. F. w Ul \..0 W CJC Q-r a-r :::z;- r. Wall. U) f"'I1 :r The Owner or Developer of the Property shall install a six (6) foot masons wall on that portion of the Property separating any actual residential unit~ from proposed commercial properties along the north side of State Roade"") 4~. p " r- ""- - r- o N N ~ -- :-r ':'"': -oc J>;::;: C'>C r " <.r: G. , Building Restrictions. The building restrictions shall be those found in the R-1A Single Family Dwelling District, Chapter 20, Article III, Division 4 of the Code of Ordinances of the City. They are: 1. Residential Areas: a. Minimum lot size of residential sites within the Property shall be eight thousand (8,000) square feet with a minim.um lot width of seventy five (75) feet measured at the front building line. The maximum number of lots shall be one hundred and ten (110). 8 " ADMINISTRATION PLANNING AND DEVELOPMENT DEPARTMENT October 25, 2000 Ms. Rosanne Karr, Chairperson Local Planning Agency/ Planning and Zoning Commission City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 Subject: Plan Amendment and Rezoning for Luther and JoAnn Carroll Dear Ms. Karr: The County has reviewed the subject request (see enclosed map) and is submitting this letter in objection to the proposed small scale plan amendment and rezoning based on the following findings. In 1999, as you may know, Seminole County and the City of Oviedo entered into a Joint Planning Interlocal Agreement (JPA). One of the main purposes of this agreement is to "Protect the general rural character of the Rural Areas of Seminole County as depicted in the Seminole County Comprehensive Plan..."[JPA, page 4, Section 2(a)(3)]. The subject property is located within the County's East Rural Area and is designated as Rural-3 on the County's Future Land Use Map and zoned the A-3 rural zoning classification. The proposed plan amendment and rezoning request for this property by the City of Winter Springs would be at odds with the County's long standing efforts to protect the character and lifestyle of the Rural Area. Consequently, the proposed annexation fails to address the issues which are adequately addressed within the JPA between the County and City of Oviedo. Secondly, in 1995, the County adopted several land use amendments in the vicinity of the Central Florida GreeneWay/SR 434 Interchange. One of these amendments (Amendment 95F.FLU5) established approximately 25 acres of Commercial land use on the east side of the Central Florida GreeneWay. This amendment was based on findings of the 1994 GreeneWay/S.R. 434 Small Area Study and in response to development trends and the need to provide neighborhood commercial uses in the immediate vicinity of the Interchange. 11 01 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7397 FAX 328-2576 Ms. Rosanne Kerr, Chairperson October 25, 2000 Paqe 2 In contrast, the proposed plan amendment to Commercial land use and associated rezoning to C-1 by the City of Winter Springs would introduce an incompatible use into the County's East Rural Area and be inconsistent with the intent of the GreeneWay Small Area Study. Also, please note that the property is located within the ''Transitional Areas", identified in the subject JPA, which does not allow commercial uses [JPA, page 6, Section 3(b)]. You may also be aware that for some time now, staff from the County and City of Winter Springs have been working toward the development of a joint planning agreement to address land use issues along the borders of the County and City of City of Winter Springs. Given the 'above concerns, we ask that the Local Planning Agency: 1. Recommend denial of the subject plan amendment and rezoning; and 2. Recommend development of a joint planning agreement that will address protection of the County's rural community and provide an overall approach to joint land use planning between the County and City of Winter Springs. Thank you for the opportunity to review this important matter. If you have any questions, please feel free to contact me or Tony Matthews of the County's Planning Division at 407-665-7371. Sincerely, C2Ccha~r ~ Planning and Development Director Enclosure FC:tm cc: Honorable Mayor and City Commission, City of Winter Springs Ronald McLemore, City Manager, City of Winter Springs V. Eugene Williford, III, City Manager, City of Oviedo Seminole County Board of County Commissioners Kevin Grace, County Manager Jim Marino, Deputy County Manager Tony Matthews, Principal Planner I:\old_dp _ voI2\cp\proj ects\special\jpa\wsjpa\carrolannexl.doc i;::J: ~~ --1,=. ,;: .~.....::.~ ~ i ~ i "'" I I i DI:::SIG:"\.-\ TJO,"\iS i' N' -:-u I : . I _ II I ,I '-- I "LOW DE:'iSITY RESlDE:\TIAL" !~;_ B;J(cic Ril1gc (plus enlfance) \ urn ! "CO.\I\lERCL-\L" I:I--'! r .~ _'/ I; I I I I . ' I , I J .....- ern.' 0 r \\' I .\'TER SPRI:\'GS fl"TL:RE tr\:'-iD CSE MAP f: ILl I I ,; ~ r---.;=:-o,: l I . "I t I~ { L j i~ l II; I ---=~~ ' ~~ I [ If~ CARROLL PROPERTY S~L\LL SCALE AlVIEl'l'DMENT I I I NOVENffiER 13, 2000 PUBLIC HEARING AGENDA ITEM L Page 4 minimal impacts on surrounding properties, such as buffering. The State can require deceleration lanes and center turn lanes to maintain traffic flow. The City's land development regulations and the site plan review process of the Development Review Committee can help prevent or minimize potential nuisances. . The comprehensive plan amendment is compatible with the other elements of the City's Comprehensive Plan . The c<?mprehensive plan amendment is compatible with and furthers elements of the State Comprehensive Plan, in Chapter 187 F.S. . The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. STAFF REC01\tIMENDA TION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Florida Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LS-CP A-3-00), to change the Future Land Use Map (FLUM) designation from Seminole County "Rural-3" (1 DU per 3 acres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the C. E. & Mary M. Minter Trust Property on the Future Land Use Map of the City's Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY RECOMMENDATION: MOTION BY VICE CHAIRMAN FERNANDEZ: "I'll make a motion not to recommend transmittal to the Department of Community Affairs, nor to hold a second public hearing on this particular application for Thomas Minter large scale comprehensive amendment (LS-CP A-3-00), for the reasons previously expressed. I believe the City 4 NOVEivffiER 13, 2000 PUBLIC HEARING AGENDA ITEM L Page 5 of Winter Springs made a commitment not to extend services out pass Battle Creek. It was an implied agreement. I was present at those meetings. I do know that it occurred and I think we are reaching out quite far beyond any logical boundary for the City of Winter Springs. We're addressing property truly that is not even in the City of Winter Springs yet and even though an application for annexation is pending it can be withdrawn at any time and if their proper vote isn't forthcoming fonn the City Commission, the applicant can certainly withdraw and he can still develop his property so we aren't depriving him the use of his property, 1 DU per 3 acres, buildable property, for the reasons expressed by Seminole County in their letter of October 25, for the reasons expressed in the letter from the City of Oviedo of October 25, for the reasons expressed by the President of MacKinley Mills Homeowners Association dated October 25, Ms Regina Bereswill, and for the reasons expressed by Ms. or Mr. Valerie EI-lamil, for the reasons previously expressed by members of the public in their presentations under the - Weaver, i believe it was, Weaver large scale comprehensive plan amendment and for all those reasons i do not envision this as a goal for the city of Winter Springs to increase the density of this particular property, or the intense use of this particular property and a transition area that should attempt to maintain the integrity of the neighborhood. it is not a gateway to, the City of Winter Springs, it is not visible from the '417' as was the CassceIl's Property and for those reasons i do not recommend transmittal to the Department of Community Affairs." seconded by Board Member Stephens. Discussion. VOTE: Board Member Brent Gregory: nay Board Member Tom Brown: nay Vice-Chairman Bill Fernandez: aye Chairperson Rosanne Karr: aye Board Member Carl Stephens: aye Motion carried. A TT ACHMENTS: A. Map of Subject Property. B. Local Planing Agency Agenda Item II. C. C. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment LS-CPA-3-00 (This Attachment same as LPA Agenda Item II. C. Attachment B) 5 NOVEMBER 13,2000 PUBLIC HEARING AGENDA ITEM K Page 4 · The comprehensive plan amendment is compatible with and furthers elements of the East Central Florida Comprehensive Regional Policy Plan. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: 1. That the City Commission hold a first (transmittal) public hearing and transmit to the Florida Department of Community Affairs the proposed Large Scale Comprehensive Plan Amendment (LS-CP A-2-00), to change the Future Land Use Map (FLUM) designation from Seminole County "Rural-3" (1 DU per 3 acres maximum) to the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per acre) on the Donald Weaver Property on the Future Land Use Map of the City's Comprehensive Plan Land Use Element (Volume 2 of2); and 2. Hold a second public hearing, after receiving and reviewing the ORC Report, to adopt the plan amendment. LOCAL PLANNING AGENCY RECOMMENDATION: MOTIO~ BY BOARD MEMBER GREGORY: "I move to accept the staff findings and their recommendation." Seconded by board member Brown. Discussion. VOTE: Chairperson Rosanne Karr: nay Board Member Carl Stephens: nay Board Member Brent Gregory: aye Board Member Tom Brown: aye Vice-Chairman Bill Fernandez: nay Did not carry. MOTION BY VICE-CHAlRMAN FERNANDEZ. "Madam Chair I'd like to make a motion. I would recommend that the City Commission not transmit this matter to the Department of Community Affairs for consideration of a 'ORC' (objections, recommendations and comments) Report, not to hold a second public hearing to CDJ)/Novcmber 3. 2000/4:34 I'M NOVEMBER 13, 2000 PUBLIC HEARING AGENDA ITEM K Page 5 receive any 'aRC' Report, and those are for the very reasons that I expressed previously under discussion and the letters, the five different letters that we've received - two from Oviedo, one from Seminole County, one from the President of MacKinley Mills, and one from Ms. Jamell and the presentation of those members - of the public, who are present here and made presentations this evening opposing this recommendation during this transmittal." seconded by Board Member Stephens. Discussion. VOTE: Board Member Carl Stephens: aye Board Member Brent Gregory: nay Board Member Tom Brown: nay Vice-Chairman Bill Fernandez: aye Chairperson Rosanne Karr: aye Motion carried. ATTACHMENTS: A. Map of Subject Property. B. Local Planing Agency Agenda Item II. B. C. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment LS-CP A-2-00 (This Attachment same as LP A Agenda Item II. B. Attachment B) D. Legal Notice. COMMISSION ACTION: CDD/Novcmber 3, 2000/4:34 I'M