HomeMy WebLinkAbout2015 10 26 Public Hearings 502, Ordinance 2015-13, First Reading,Tuskawilla Future Land Use Map AmendmentCOMMISSION AGENDA
ITEM 502
REQUEST:
Informational
Consent
Public Hearings
X
Regular
October 26, 2015 KS RS
Regular Meeting City Manager Department
The Community Development Department — Planning Division requests that the City
Commission hold a Public Hearing to consider the First Reading of 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. 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 applicant's 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
Public Hearings 502 PAGE 1 OF 6 - October 26, 2015
. Property addresses: 395 Tuskawilla Road, Winter Springs, FL
. Property Parcel ID numbers: 01 -21 -30 -5131-1- 0000 -004A and 01-21-30-5131-1-0000-
0040
. 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
Existing Land Uses
Zoning
Future Land Use
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
The Local Planning Agency considered this request at their regular meeting on October 7,
2015, along with the staff's recommendation, and recommend that the City Commission
approve the requested land use change.
Public Hearings 502 PAGE 2 OF 6 - October 26, 2015
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.
There is no associated rezoning request for the land use change because the zoning is and
will remain Planned Unit Development (PUD).
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 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:
ROAD S /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
running 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.
Public Hearings 502 PAGE 3 OF 6 - October 26, 2015
ELECTRIC SERVICE:
Facilities serving the subject property: 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.
SCHOOLS:
The Seminole County School Board issued a School Capacity Availability Letter of
Determination (SCALD) for the Tuskawilla Crossing project on October 1, 2015.
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.
Public Hearings 502 PAGE 4 OF 6 - October 26, 2015
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 in 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 allow the construction of
the Tuskawilla Crossing development in accordance with the master plan and will
facilitate the addition 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:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
Public Hearings 502 PAGE 5 OF 6 - October 26, 2015
A yellow sign stating the date, time and location of the public hearing has been erected on
the subject property.
RECOMMENDATION:
The Community Development Department - Planning Division requests that the City
Commission hold a Public Hearing to consider First Reading of the Small -Scale Future
Land Use Map Amendment for approximately 5.42 acres located at 395 Tuskawilla Road,
approximately one half mile southeast of the intersection of State Road 434 and Tuskawilla
Road.
ATTACHMENTS:
A. Ordinance 2015 -13
B. Location Map
C. Advertisements, Orlando Sentinel
D. Tuskawilla Crossing Concept Plan
E. Draft Minutes, October 6, 2015 Local Planning Agency
Public Hearings 502 PAGE 6 OF 6 - October 26, 2015
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
Attachment "B"
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G2 I Orlando Sentinel Thursday, October 15, 2015 SEA T1�C C D ENT E'C"
NOTICE OF PUBLIC HEARING
CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT
THE CITY COMMISSION
PROPOSE TO CONSIDER THE FOLLOWING:
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 OFTHE PLAN AMENDMENT.
E Jf
Location Map
y4
O
- 0 «
y4
CITY COMMISSION FIRST READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, OCTOBER 26, 2015
AT 6:00 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON
MONDAY, NOVEMBER 16, 2015
AT 6:00 RM. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by meets and bounds may be
obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, from
the office of the City Clerk, located at 1126 E. SR 434, Winter Springs, Florida. For more
information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the Employee Relations Department
Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236. This is a public
hearing. Interested parties are advised that they may appear at the meeting and be heard
with respect to the proposed ordinance. If you decide to appeal any recommendation or
decision made by the City Commission with respect to any matter considered at this meeting,
you will need a record of the proceedings, and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made upon which the appeal is based.
O
V4..
,a
CITY COMMISSION FIRST READING PUBLIC HEARING
WILL BE HELD ON
MONDAY, OCTOBER 26, 2015
AT 6:00 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING WILL BE HELD ON
MONDAY, NOVEMBER 16, 2015
AT 6:00 RM. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinances and complete legal description by meets and bounds may be
obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, from
the office of the City Clerk, located at 1126 E. SR 434, Winter Springs, Florida. For more
information, call (407) 327 -1800 #227. Persons with disabilities needing assistance to
participate in any of these proceedings should contact the Employee Relations Department
Coordinator, 48 hours in advance of the meeting at (407) 327 -1800, #236. This is a public
hearing. Interested parties are advised that they may appear at the meeting and be heard
with respect to the proposed ordinance. If you decide to appeal any recommendation or
decision made by the City Commission with respect to any matter considered at this meeting,
you will need a record of the proceedings, and for such purposes, you may need to ensure
that a verbatim record of the proceedings is made upon which the appeal is based.
Attachment "E"
CITY OF WINTER SPRINGS, FLORIDA
DRAFT MINUTES
PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY
REGULAR MEETING - OCTOBER 7, 2015
PAGE 3 OF 6
PUBLIC HEARING AGENDA
PUBLIC HEARINGS
500. Community Development Department — Planning Division
The Community Development Department — Planning Division Requests That The
Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To
Consider Ordinance 2015 -13, A Small-Scale Future Land Use Map Amendment For
Two (2) Parcels Totaling 5.42 Acres Located At 395 Tuskawilla Road,
Approximately One Half Mile South East Of The Intersection Of State Road 434
And Tuskawilla Road.
Ms. Amanda Webb, Planner, Community Development Department presented the
Agenda Item and discussed the related 5.42 acre property located at 395 Tuskawilla
Road. Ms. Webb indicated that the Applicant, Standard Pacific of Florida GP, Inc., was
requesting a Land Use designation change from Public /Semi - Public to Low Density
Residential.
Continuing, Ms. Webb stated, "The request is based upon the Applicant's desire to
develop the property in conjunction with additional land to be used for a single family
residential subdivision." Additional comments followed on open space and tree
preservation.
Chairperson Henderson opened "Public Input".
Mr. Randall Morris, RM Strategies, Inc., 323 West Trotters Drive, Maitland, Florida:
stated that he was representing the Applicant, Standard Pacific of Florida GP, Inc., and
requested to give a presentation under the next Public Hearings Agenda Item.
No objections were noted.
Chairperson Henderson closed "Public Input".
CONCERNING AGENDA ITEM "500" AND ORDINANCE 2015 -13, "I MAKE A
MOTION TO APPROVE." MOTION BY BOARD MEMBER WALKER.
SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION.
VOTE:
BOARD MEMBER WALKER: AYE
CHAIRPERSON HENDERSON: AYE
BOARD MEMBER PHILLIPS: AYE
BOARD MEMBER MILLER: AYE
MOTION CARRIED.
t
P =-UP