HomeMy WebLinkAbout2015 10 07 Public Hearing 500 Church FLUMPLANNING & ZONING BOARD
AGENDA
ITEM 500
October 7, 2015
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department — Planning Division requests that the Local
Planning Agency/Planning & Zoning Board hold a Public Hearing to consider Ordinance 2015 -13, a
Small -Scale Future Land Use Map Amendment for two parcels totaling 5.42 acres located at 395
Tuskawilla Road, approximately one half mile southeast of the intersection of State Road 434 and
Tuskawilla Road.
SYNOPSIS: The City of Winter Springs Community Development Department- Planning Division
has received an application for a Small -Scale Future Land Use Map Amendment which, if approved,
would change the Future Land Use Map designation for two (2) parcels totaling 5.42 acres in size
generally located southeast of the intersection of State Road 434 and Tuskawilla Road (see
Attachment B - Location Map). Ordinance 2015 -13 proposes to change the Future Land Use Map
designation from Public /Semi - Public to Low Density Residential. The request is based upon the
applicants desire to construct a stormwater pond and single- family homes which are associated with
the future development of a single - family residential subdivision known as Tuskawilla Crossing.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative: Standard Pacific of Florida GP, Inc
, 444 West New England Ave, Suite 220, Winter Park, FL 32789.
• Property owner's name(s): Standard Pacific of Florida, GP, Inc
• Property addresses: 395 Tuskawilla Road, Winter Springs, FL
• Property Parcel ID numbers: 01 -21 -30 -5BH- 0000 -004A and 01 -21 -30 -5BH- 0000 -0040
October 7, 2015
Planning & Zoning Board Agenda, Item 500
Page 2 of 6
• Current FLUM Designation: Public /Semi - Public
• Proposed FLUM Designation: Low Density Residential
• Current Zoning Designations: PUD
• Previously Approved Development permits such as conditional use, waiver, or variance if
any): Not applicable
• Development Agreements (if any): Not applicable
• Pending Code Enforcement Actions (if any): Not applicable
• City Liens (if any): Not applicable
• Existing Land Uses: The surrounding area is generally characterized by the following land
uses and zoning categories.
Areas
Subject
Property
Vacant Church
•
PUD
Public /Semi - Public
North
.................................................................................................................................................................................................................................................................................................................................................................................................................
Vacant Property
Town Center - T4
Town Center District
...............................
South
Public School
PUD
Public /Semi - Public
.................................................................................................................................................................................................................................................................................................................................................................................................................
East
Vacant Property
PUD
...............................
Low Density
Residential
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
West
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Residential
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
PUD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Low Density
Residential
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Florida Statute 163.3187 Amendment of adopted comprehensive plan
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances
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 s recommendation, and
recommend that the City Commission approve, approve with modifications (text only), or deny the
application for transmittal to the Department of Economic Opportunity. At a minimum, the Local
Planning Agency shall consider the same factors considered by the staff. The LPA shall hold at least
one (1) public hearing prior to making its recommendation to the City Commission.
October 7, 2015
Planning & Zoning Board Agenda, Item 500
Page 3 of 6
DISCUSSION:
Ordinance 2015 -13 proposes to change the Future Land Use Map designation for two (2) parcels
totaling 5.42 acres in size generally located one half mile southeast of the intersection of State Road
434 and Tuskawilla Road from Public /Semi - Public to Low Density Residential. The request is based
upon the applicant's desire to construct a stormwater pond as well as single- family homes associated
with a proposed single- family residential development known as Tuskawilla Crossing. The request is
consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan.
The request is in 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 FLUM designation from Public /Semi - Public to Low Density Residential 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 11, of the Florida Statutes.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
Justification for Future Land Use Designation - Through Ordinance 2015 -13, the applicant is
requesting a "Low Density Residential" land use designation on the two parcels consisting of a total of
5.42 acres. The applicant has applied for the future land use map amendment in order to include the
subject parcels as part of a single- family residential subdivision known as Tuskawilla Crossing. The
proposed amendment from Public /Semi Public to Low Density Residential is compatible with the
surrounding area.
PUBLIC FACILITIES
ROADS /TRAFFIC CIRCULATION:
Availability of Access: The property has an existing driveway connection to Tuskawilla Road at an
existing full median opening.
Functional Classification: Arterial
POTABLE WATER:
The City has an existing 12 -inch City water main in the Tuskawilla Road right -of -way along the entire
property's Tuskawilla Road frontage.
WASTEWATER:
The City has an existing 6 -inch force main located on the west side of Tuskawilla Road, on the
opposite side of the street of the subject property. The City also has an existing 8 -inch force main
located on the south side of SR 434, just west of the trail bridge, approximately 1,400 -feet from the
property.
RECLAIMED WATER:
The City does not have reclaimed water service available in the vicinity of the project at this time.
October 7, 2015
Planning & Zoning Board Agenda, Item 500
Page 4 of 6
ELECTRIC SERVICE:
Facilities serving the subj ect property: None currently. The City of Winter Springs is serviced by Duke
Energy for electric service. A future land use change will not impact current electric rates.
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of
Florida, Inc., a private solid waste contractor who will provide service to this area.
STORMWATER MANAGEMENT:
The existing site has limited stormwater facilities consisting mainly of grassed swales at various
locations. Redevelopment of the site would require the provision of stormwater facilities meeting
current City and SJRWMD requirements.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in proximity to the
subject property is located at 300 N. Moss Road. Response times are averaged monthly.
FIRE:
Seminole County is responsible for fire protection. Station 26, located at 850 Northern Way, Winter
Springs, Florida is the closest fire station. The response time is approximately two minutes.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from "Public /Semi - Public" to "Low Density Residential" will not result in
any nuisance potential for the surrounding properties because proposed uses are compatible with the
"Low Density Residential" future land use designation.
NATURAL RESOURCES COMPATIBILITY:
There are no conservation overlays on the subject property.
SOILS:
The subject property consists of Tavares - Millhopper fine sands. The Millhopper series consists of
soils that are moderately well drained.
FLOOD PRONE AREAS:
The property is located entirely in Flood Zone "X ", which is outside of the 100 -year floodplain,
according to the FEMA Flood Insurance Rate Map.
HISTORIC RESOURCES:
No known historical resources are located on the subject property or within the vicinity of the subject
property.
WILDLIFE:
The proposed amendment will not have an environmental impact or compromise any natural resources.
There are no conservation areas or sensitive habitat areas.
October 7, 2015
Planning & Zoning Board Agenda, Item 500
Page 5 of 6
CONSISTENCY WITH THE COMPREHENSIVE PLAN:
Future Land Use Element
Properties with a Low Density Residential are generally found to the East and West of the subject
properties. Per the Comprehensive Plan, the Low Density Residential future land use designation
consists of a suburban area dominated by detached single family homes. The proposed future land use
amendment is consistent with the Comprehensive Plan and with the following objectives and policies
from the Future Land Use Element of the Comprehensive Plan:
1. Policy 1.3.4: Requires the City to support proposed future land use map amendments with data and
analysis demonstrating that adequate water supplies and associated public facilities will be available to
meet the projected growth demands.
2. Policy 1.10.1: Public Utility System Land Requirements. Review proposed development in relation
to existing and projected utility systems and any land needs of these systems, such as water and sewer
plants, stormwater management, transmission corridors for electric and other utilities, easements for
maintenance, and, other requirements.
3. Policy 1.11.11: Consistency with Code and Interlocal Agreements. Require public schools to
develop consistent with the 2007 Interlocal Agreement for Public School Facility Planning and
School Concurrency As Amended January 2008, the City's Comprehensive Plan, and the City's
Code of Ordinances.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re- designates the property from
"Public /Semi - Public" to "Low Density Residential ", will increase the possibility of additional
taxable value to the City and potentially spur the increase of future residential and commercial
development activity within this particular area.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff.
Additionally, the Meeting Agenda has been sent to media /press representatives, all Homeowner's
Associations on file with the City, all individuals who have requested Agenda information, Department
Directors; and also posted outside City Hall; posted inside City Hall with additional copies available
for the general public.
The property was posted with a large sign on September 29, 2015 and Ordinance 2015 -13 was
advertised in the Orlando Sentinel on September 24, 2015.
October 7, 2015
Planning & Zoning Board Agenda, Item 500
Page 6 of 6
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval to the City Commission for Ordinance 2015 -13, which proposes a Small -
Scale Future Land Use Map Amendment from "Public /Semi - Public" to "Low Density Residential" for
two parcels totaling approximately 5.42 acres located at 395 Tuskawilla Road, approximately one half
mile southeast of the intersection of State Road 434 and Tuskawilla Road as described within
Ordinances 2015 -13.
ATTACHMENTS:
A. Ordinance 2015 -13
B. Location Map
C. Advertisement
D. Tuskawilla Crossings Concept Plan
Attachment "A"
ORDINANCE NO. 2015 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE
PLANNING; PROVIDING FOR ADOPTION OF AN
AMENDMENT TO THE FUTURE LAND USE MAP FOR
TWO (2) PARCELS OF REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS CONSISTING OF 5.42 TOTAL
ACRES, MORE OR LESS, GENERALLY LOCATED AT
AND ADJACENT TO 395 TUSKAWILLA ROAD, WINTER
SPRINGS, SAID PARCEL BEING MORE PARTICULARLY
DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO; CHANGING THE FUTURE LAND
USE MAP DESIGNATION ON THE PARCEL FROM
"PUBLIC /SEMI - PUBLIC" TO "LOW DENSITY
RESIDENTIAL ", PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE
COMPREHENSIVE PLAN; SEVERABILITY, AND AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT.
WHEREAS, the future land use map amendment embodied in this Ordinance is a small
scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3187(1), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on October 7, 2015, in accordance with the procedures established in Chapter 163,
Part II, Florida Statutes, on the proposed comprehensive plan amendment; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting data
and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
City of Winter Springs
Ordinance No. 2015 -13
Page I of 3
Attachment "A"
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant
to, the Community Planning Act, formerly known as the Local Government Comprehensive
Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of
this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of
the City of Winter Springs Comprehensive Plan.
Section 4. Adoption of Amendment to the Future Land Use Map. The City of
Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by changing the
designation of the real property legally described and depicted on Exhibit "A" from
"Public /Semi - Public" to "Low Density Residential. ". Exhibit "A" is attached hereto and fully
incorporated herein by this reference.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be
incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph
number or letter and any heading may be changed or modified as necessary to effectuate the
foregoing.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective
date of this Ordinance shall take effect thirty -one (3 1) days after adoption, in accordance with
Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption
of this Ordinance, in which case this Ordinance shall become effective at such time as the state
land planning agency or the Administrative Commission issues a final order determining that the
adopted small scale development amendment is in compliance. No development orders,
City of Winter Springs
Ordinance No. 2015 -13
Page 2 of 3
Attachment "A"
development permits, or land use dependent on this Amendment may be issued or commenced
before it has become effective. After and from the effective date of this Amendment, the
Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the Amendments shall have the legal
status of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2015.
ATTEST:
Andrea Lorenzo - Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
Legal Ad:
First Reading:
Second Reading:
Charles Lacey, Mayor
City of Winter Springs
Ordinance No. 2015 -13
Page 3 of 3
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