HomeMy WebLinkAbout2004 10 25 Public Hearings 404
COMMISSION AGENDA
October 25.2004
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM 404
-P,vMGR. /~EPT /~
Authorization
REQUEST:
The Community Development Department - Planning Division requests that the Local Planning
Agency hold a Public Hearing for First Reading and Transmittal to consider a Large Scale
Comprehensive Plan Amendment (Ordinance 2004-40) changing the Future Land Use Map
designation from "Office" (Seminole County) to "Town Center District" (Winter Springs) for
eight (8) parcels containing 11.028 acres, more or less, located south of SR 434, west of the
intersection at Tuskawilla Road,
PURPOSE:
Highlander Investments, Ltd, has initiated the request for a Large Scale FLUM Amendment,
changing the Future Land Use Map designation for eight (8) parcels along SR 434, so that
the existing vacant property can be developed into townhomes as part of the Town Center,
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program, Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan an1endment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the comprehensive plan as may from time to time be required".
Florida Statute 163.3187 Amendment of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Sprinl!s Charter Section 4.15 Ordinances in General.
Winter Sprinl!s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent:
@)
October 25, 2004
Public Hearing Item 404
Section 15-36. Review criteria;
Section 15-37, Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff review
board's recommendation, and recommend that the City Commission approve, approve
with modifications (text only), or deny the application for transmittal to the Department
of Community Affairs. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staffreview board. The LP A shall hold at least one (1)
public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Sep, 16,2004- Adjacent property owners within 150' Notified by Certified Mail
Sep, 23,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Oct. 6,2004- P & Z Board (LPA) recommended approval of Ordinance 2004-40.
Oct. 14,2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Oct. 25, 2004- Annexation of eight (8) parcels included within an annexation study report
ofthirteen(13) parcels, transmitted to the County Board of Directors on
September 15, 2004,
CONSIDERA TIONS:
Applicant - Highlander Investments, Ltd. 6966 Venture Circle, Orlando, Florida 32807
Location - Along East SR 434 across from the developed portion of the Town Center
Site Information - The following eight (8) parcels currently have a (Seminole County)
"Office" future land use and are being considered for this future land use change to (City
of Winter Springs )"Town Center District".
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel 1.0,:
Property Acreage:
Property Legal Description:
No Physical Address
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-0020
3,969
LEO LOTS 2 & 3 (LESS RD) JOE E, JOHNSTONS
SURVEY DB. 147 PO. 221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'R'
Property Address:
Property Owner:
Owner's Address:
1159419 CR
E Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-004A
,501
Property Appraiser Parcel I.D.:
Property Acreage:
Page 2
October 25,2004
Public Hearing Item 404
Property Legal Description:
LEG EL Y 235 FT OF N 1/2 OF LOT 4 (LESS RD)
JOE E JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Existing Land Use:
Existing Zoning:
Current Future Land Use;
Proposed Future Land Use:
PARCEL 'C'
Property Address;
Property Owner;
Owner's Address:
1163419 CR
E Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36-20-30-502-0000-004 B
,5,75
LEG N 1/2 OF LOT 4 (LESS EL Y 235 FT) JOE E
JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Parcell.D,;
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning;
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'D'
Property Address;
Property Owner:
Owner's Address:
1161419 CR
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-004C
,609
LEG BEG N 38 DEG 45 MIN W 986 FT + S 51
DEG 15 MlN W 250 FT OF MOST EL Y COR LOT
9 RUN N 38 DEG 45 MIN W 100 FT S 51 DEG 15
MlN W 250.7 FT S 22 DEG 15 MlN E 104.4 FTN
51 DEG IS MIN E 280,62 FT TO BEG JOE E
JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-l Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Parcell.D,:
Property Acreage:
Property Legal Description:
Existing Land Use;
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
1165 SR 434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park FL, 32792
36- 20- 30- 5 02-0000-0040
.574
LEG EL Y 250 FT OF S 1/2 OF LOT 4 (LESS RD
ON E) JOE E JOHNSTONS SURVEY DB 147 PG
221
Vacant
"A-I Agricultural I-Acre"
Property Appraiser Parcell.D.:
Property Acreage:
Property Legal Description;
Existing Land Use:
Existing Zoning:
Page 3
October 25,2004
Public Hearing Item 404
Current Future Land Use:
Proposed Future Land Use:
Office (Seminole County)
Town Center District (Winter Springs)
PARCEL 'F'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcell.D,:
Property Acreage:
Property Legal Description:
No Physical Address
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36-20- 30-502-0000-0050
2.40
T 5 (LESS RD) JOE E JOHNSTONS SURVEY DB 147
PG221
Vacant
"A-I Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'G'
Property Address:
Property Owner:
Owner's Address:
1175434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36-20- 30- 502-0000-006A
.399
LEG NL Y 100 FT OF EL Y 200 FT OF LOT 6
(LESS RD) JOE E JOHNSTONS SURVEY DB 147
PG 221
Vacant
"A-1 Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Appraiser Parcell.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'H'
Property Address:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
1181 ESR434
Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth
Winter Park, FL 32792
36- 20- 30- 502-0000-0060
2.001
LEG LOT 6 (LESS NL Y 100 FT OF EL Y 200 FT &
RD) JOE E JOHNSTONS SURVEY DB 147 PG 221
Vacant
"A-1 Agricultural I-Acre"
Office (Seminole County)
Town Center District (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D,:
Property Acreage:
Property Legal Description:
Chronology of Subject Property - Most of the parcels are undeveloped, however, some
were previously used as single family residential but are now vacant.
Existing Land Uses -The properties currently have the following uses: vacant,
undeveloped, and vacated single family residential.
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October 25, 2004
Public Hearing Item 404
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Residential! Vacant A-I (SC)
Office (SC)
North Town Center District T -C (WS) Town Center District (WS)
_ ____.M_._._______.___..
South Medium Density Residential R- T (WS) Medium Density Residential
(WS)
,..-...--.,----,-..-."'---"'---..--.-..
East Office & Commercial A-I (SC) Office (SC)
-----.----------...
West Town Center District T-C (WS) Town Center District (WS)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The development pattern within and surrounding the properties
are primarily urban in form and intensity, being part of the Winter Springs Town Center.
The Town Center designation incorporates a mix of uses developed in the neo-traditional
manner. The underdeveloped properties are expected to develop in a pattern consistent
with the Town Center District.
Proposed Future Land Use Classification - The proposed change in the future land use
map designation from Seminole County "Office" to City of Winter Springs "Town
Center District" is compatible with adjacent land uses and consistent with the mixed use
environment promoted within the Town Center.
LetterslPhone Calls In Favor Or Opposition - None as of September 15, 2004,
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues, which staff analyzed in reviewing this
application:
Justification for Future Land Use Desie:nation - The requested future land use map
designation was determined by evaluating the prevailing character of the immediate area,
as well as evaluating the land use and the future goals and objectives of the City, Ninety-
five (95) percent of the subject area is surrounded by the City of Winter Springs, while at
least sixty (60) percent of its external boundary is adjacent to areas developed for urban
purposes.
Public Facilities:
ROADS/TRAFFIC CIRCULA nON:
Availability of Access:
Direct access is from SR 434,
Improvements/expansions needed as a result of proposed annexation
In order to facilitate the safe, efficient and orderly flow of traffic through the Winter
Springs Town Center, the proposed southwesterly extension of Doran Boulevard across
S.R. 434 shall serve as the primary entrance to the development. Additionally, a
Page 5
October 25,2004
Public Hearing Item 404
collector road is planned that will be constructed to connect with Doran Boulevard and to
run southeasterly beyond the boundaries of the development to a future intersection with
Tuscawilla Road. This collector street is consistent with the Town Center Code and
Comprehensive Plan policies, which encourage street connectivity,
Function Classification:
S.R. 434 is a principal arterial that runs from Edgewater Drive near Orlando to Altamonte
Springs, then east to Oviedo, and then south to East Colonial Drive. S.R. 434 within the
City of Winter Springs is a four-lane east-west divided roadway. The level of service
(LOS) is 'c' from US 17-92 eastbound to Tuskawilla Road, with an LOS of 'B' from
Tuskawilla Road to the Greenway.
Tuskawilla Road is a County minor arterial, 4-lane north-south divided roadway that runs
from S,R. 434 in Winter Springs to S.R. 426 near the Orange County line, The LOS is
classified 'D' from Red Bug Rd northbound to Winter Springs Blvd, and 'c' from Winter
Springs Blvd to S.R. 434 and north into the Town Center.
POTABLE WATER:
The eight (8) parcel property area just west of the intersection of SR 434 and Tuskawilla
Road is not currently served by the City of Winter Springs for potable water, although a 12"
service line extends on the south side of State Road 434 adjacent to the property from the
west end of the area eastward to Tuskawilla Road and down that road. \Vhen developed, the
subject properties will connect to City potable water service.
WASTEWATER
Developed lots within the property area are currently served by private septic systems for
wastewater services, When developed, the subject properties will connect to City sewer
service, which is currently available along State Road 434 and at the southeast border of the
area,
RECLAIMED WATER:
Although reclaimed water lines are in place along State Road 434, the City does not have
the capacity to serve additional areas with reclaimed water at this time.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service, These
parcels will remain with Progress Energy without any interruption of service. A future
land use change will not impact the current electric rates,
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Services of Florida, Inc., a private solid waste contractor who will provide service to this
area.
STORMW ATER MANAGEMENT:
The eight (8) parcel property will be subject to the City of Winter Springs stormwater
utility program, A 36" RCP line runs along State Road 434 on the north side. Smaller
18" RCP lines extend across State Road 434 to drains on the south edge of the pavement.
Page 6
October 25, 2004
Public Hearing Item 404
The area drains to the south and on site stormwater treatment and abatement will be
required consistent with City and SJRWMD regulations,
RECREA nON & OPEN SPACE:
The development will include several passive pocket parks as well as being serviced by
the City's extensive active park and recreation system.
POLICE:
The City of Winter Springs has been servicing this area with police protection, as
established in a 1987 InterLocal Agreement with Seminole County. The nearest station,
located at Moss Road and S.R. 434, has an Emergency Service Response Time of 2.3
minutes, with a response time under normal conditions at approximately five (5) minutes.
FIRE:
As with Police protection, the City of Winter Springs has been servicing this area with
fire protection per the 1987 InterLocal Agreement with Seminole County. A Fire Station
is currently housed in City Hall, less than a mile from the property area,
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The change in
designation from (Seminole County) "Office" to (City of Winter Springs) "Town Center
District" will not result in any nuisance potential for the surrounding properties because
proposed uses are compatible with the "Town Center District" uses and will be more
consistent with the surrounding areas than the current designation, Vegetation currently
serves to buffer Single Family residential units to the south, with additional planting
planned for the future.
N amral Resources Compatibility -
The properties under consideration do not include any conservation areas or any
environmentally sensitive areas.
SOILS
The dominant soils in Winter Springs consist of Urban Land-Tavares-Millhopper
and Urban Land-Astatula-Apopka soils which are characterized as being well-drained
soils that are sandy throughout and contain a loamy sub-soil at a depth of 40 inches
or more and are generally found in upland areas,
FLOOD PRONE AREAS
No portion of the area under consideration lies within a flood prone area.
HISTORIC RESOURCES
None.
WILDLIFE
The properties under consideration may have Gopher Tortoises, Appropriate permits
must be obtained before any removal takes place,
Page 7
October 25,2004
Public Hearing Item 404
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The Comprehensive Plan graphically designates these parcels within the boundary of the
Winter Springs Town Center, and describes the Town Center as being "located between
State Road 434 and Lake Jessup and surrounding the Tuskawilla Road intersection." The
Comprehensive Plan goes on to specify that "proposed developments in the Town Center
must be designed at densities and intensities that are compatible with adjacent existing
developments", The proposed future land use change is faithful to the intent of that
endeavor.
Transportation Element
Map 11-3 identifies the property area as a future traffic generator. In response, a traffic
light is planned at the intersection of Doran Drive and SR 434. The Comprehensive Plan
further requires a traffic study be performed during the final engineering phase. The
results of that study will determine further compliance measures, if needed,
Policy],5.6, The City shall review the City Code to address safe and convenient on-site
traffic flow, which includes motorized and non-motorized circulation and parking,
The Town Center Code provides for prototypes for roadways, Wider sidewalks and on-
street parking promote traffic calming and increased pedestrian safety, Connectivity
issues have been addressed with the ensuing construction of an eastbound road.
Additionally, a connecting extension of Cliff Rose Avenue across S,R. 434 will be
constructed, providing dual access off of SR 434 to the site,
Future Land Use Element
Policy],6.4: The City shall prohibit proposed land use amendments which are
anticipated to reduce the LOS for transportation facilities below the standard.
Related to the transportation element, adoption of the Town Center District Future Land
Use will not reduce levels of service in the area, as connector roads will be constructed to
reduce traffic intensity. The traffic light planned at Doran Drive and the connection to
Tuskawilla Road will allow for the dispersment of traffic to arterials, without the
reduction of LOS,
Policy ],6,5: Land uses that generate high traffic counts shall be encouraged to locate
adjacent to arterial roads and mass transit systems.
While the Town Center Land Use is expected to generate high traffic counts, the two
main roads adjacent, SR 434 and Tuskawilla Road, are both arterials,
Policy ],8,2: In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible,
An Annexation Study Area Report was recently completed and filed with the Seminole
County Board of County Commisisoners, These parcels are part of that study area which
is in the process of being annexed,
Page 8
October 25,2004
Public Hearing Item 404
The requested Large Scale Comprehensive Plan Amendment changing the land use
designation of (Seminole County) "Office" to (City of Winter Springs) "Town Center
District" is compatible and consistent with the proposed use of this area for", . ,a variety
of residential and non-residential uses to encourage a mix of uses that is necessary for
the economic viability of a city center" as delineated on the Town Center Master Plan.
FINDINGS:
· The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan,
. The request is iil conformance with the purpose and intent of the City Code and with
all applicable requirements.
. Considering the type and location of uses involved and the general character of the
area, the change of the Future Land Use Map designation will not result in any
incompatible land uses, including such factors as height, bulk, scale, intensity, traffic,
noise, drainage, dust, lighting, appearance, and other factors deemed important.
. The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of
the Florida Administrative Code.
P & Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on Oct.
6, 2004, the Board held a Public Hearing and recommended "Approval" to the City
Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading and
Transmittal of Ordinance 2004-40, a Large Scale Comprehensive Plan Amendment
changing the Future Land Use Map designation of the eight (8) subject properties,
containing 11.028 acres, more or less, along South S,R, 434, west of the intersection at
Tuskawilla Road, from (Seminole County) "Office" to (City of Winter Springs) "Town
Center District".
IMPLEMENTATION SCHEDULE:
Oct. 25, 2004- Transmittal Hearing / 1 st Reading of Ordinance 2004-40
Nov.l, 2004- Transmittal to DCA and other agencies
Feb, 2004- Anticipated Adoption (tentative)
ATTACHMENTS:
A- Future Land Use Map, September 2004
B- Ordinance 2004-40 with Exhibit A (Map & Legal Description)
C- Draft Unapproved P & Z / LP A Minutes
COMMISSION ACTION:
Page 9
October 25, 2004
Public Hearing Item 404
ATTACHMENT A
FUTURE LAND USE MAP. September 2004
LAND USE CLASSIFICATION LEGEND
r .~, Rural
Rasld9fltlal Ind ustrl31
l_~.~ _ j (1lXJlkr.ood.oo.)
Low Density II Mixed Use
Rasidentlal
(1.1 !:tIt> 8.:1 00/011<"')
Medium Density RClcreatlon
R9sldentlal
(8.ellU to 8.0 llU I""",)
High Density Conservation
R9sidential
(I.1llU t> 21.0 llUl Al:tQ)
[J Town CGnter Public I Semi.Publlc
;>J District
II Commercial Greeneway
: Interchange
~ Conservation
Overlay
Page 10