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HomeMy WebLinkAbout2013 01 28 Public Hearing 500 - Ordinance 2012-19, Toledo Property Small-Scale Future Land Use amendment COMMISSION AGENDA     Informational Consent ITEM500 Public Hearings X Regular       January 28, 2013KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department – Planning Division requests that the City Commission hold a Public Hearing for second reading and adoption of Ordinance 2012-19, a Small-Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation for an 8.29 acre parcel, located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from “Commercial”, “Conservation” and “Conservation Overlay” to “Low Density Residential”, “Conservation” and “Conservation Overlay”.   SYNOPSIS: The City of Winter Springs Community Development Department 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 an approximate 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from “Commercial”, “Conservation” and “Conservation Overlay” to “Low Density Residential”, “Conservation” and “Conservation Overlay”. The applicant has indicated that this property will be utilized in the development of a single- family residential subdivision that is proposed to be developed partially in the City of Winter Springs and partially in the City of Oviedo.      CONSIDERATIONS:   APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4): The Local Planning Agency shall have the general Public Hearings 500 PAGE 1 OF 10 - January 28, 2013 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 amendment 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 Springs Charter Section 4.15 Ordinances in General;   Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30.  Authority, purpose and intent; Section 15-35.  Review Procedure; 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 Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission.     Applicant – Dwight Saathoff: American Land Investments of Central Florida, LLC.   Location – north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434   Site Information – The approximate 8.29 acre parcel currently has a “Commercial”, “Conservation”, and “Conservation Overlay” future land use designation. The applicant has petitioned the City to change the future land use designation of the parcel to “Low Density Residential”, “Conservation”, and “Conservation Overlay” in order to develop a single-family residential subdivision on a portion of the property.   PARCEL                                                                                                                                                                           Property Address:                                           No existing address   Property Owner:                                             Stanley & Judy Toledo Revocable Living Trust   Applicant Address:                                         5535 Osprey Isle Lane, Orlando, FL 32819   Public Hearings 500 PAGE 2 OF 10 - January 28, 2013 Property Appraiser Parcel I.D.:                       25-20-31-5BA-0000-0190   Property Acreage:                                           Approximately 8.29 acres     Property Legal Description:                            LOT 19 (LESS RD) BLACK HAMMOCK PB 1 PG 31 INFO: 019A-RD CUTOUT FOR 95   Existing Zoning:                                             City of Winter Springs C-1 (Neighborhood Commercial)   Current Future Land Use:                               Commercial, Conservation, Conservation Overlay   Proposed Future Land Use:                            Low Density Residential, Conservation, Conservation Overlay   Existing Land Uses –The property is currently undeveloped. Per the Seminole County Property Appraiser GIS (Geographic Information Systems) database, there is a swath of isolated wetlands that runs across a majority of the width of the subject property. This portion of the property has a future land use designation of Conservation. Additionally, there is a Conservation Overlay over a major portion of the property. Per the City’s Comprehensive Plan, the Conservation Overlay is “not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary.” Adjacent existing land uses, zoning and future land use designations include the following:   Future Land Use Existing Land Uses Zoning Subject Property Undeveloped City of Winter City of Winter Springs C-1 Springs “Commercial”, “Conserv (Neighborhood ation”  and “Conservation Commercial) Overlay” North Undeveloped with a palm tree City of Winter City of Winter Springs “Rural growing and harvesting operation, Springs R-C1 (Single-Residential” cellular towerfamily dwelling district) South Two (2) single-family residences Seminole County A-1Seminole County “Low Density with associated accessory Residential”   buildings.   East Undeveloped City of Oviedo R-1 City of Oviedo LDR “Low (Single-family zoning Density Residential” district) West Single-family residential City of Winter City of Winter subdivision (Barrington Estates), Springs C-1 Springs “Commercial”, Low commercial use consisting of a (Neighborhood Density Residential” (Barrington daycare centerCommercial), R-1A Estates: density of 1.88 dwelling (One family dwelling units per acre). district)   Development Trends – This parcel along with the adjacent parcels to the east consist primarily of undeveloped lands characterized by wooded areas. The parcel to the north has a cellular tower and is also the site of a palm tree growing and harvesting operation. The Public Hearings 500 PAGE 3 OF 10 - January 28, 2013 parcels to the south consist of two single-family residences and associated accessory buildings on large lots. These parcels are located in Seminole County.   The applicant has indicated these parcels will be annexed into the City of Oviedo and developed as part of the same project and with the same density as the subject parcel (7 lots proposed / 8.29 acres = 0.84 dwelling units per acre). The properties immediately to the west consist of a daycare center and a single-family residential subdivision known as Barrington Estates, which has approximately 110 lots. Both of these parcels are within the City of Winter Springs.   Beyond the adjacent parcels, the surrounding area has trended toward low density single- family development. The subject property has a future land use designation of “Commercial”, “Conservation” and “Conservation Overlay”. Atypical of commercial properties, the subject property is not adjacent to any major intersections where major commercial development is typically found. Moreover, the property has a wide swath of wetlands across a portion of the property that has precluded any serious commercial development from being proposed on this property in the past.   Proposed Future Land Use Classification – The proposed change in the future land use to “Low Density Residential” will permit up to a maximum of 3.5 units per gross acre on the developable portions of the property. The current designation of “Commercial” permits a maximum of 0.5 FAR (floor area ratio) on the developable portions of the property. Based on a conceptual plan that the applicant presented to staff as a point of discussion, only the eastern portion of the subject property will be utilized for a minimal number of residential lots. The remainder of the development will be located on adjacent parcels, one of which is located in the City of Winter Springs, and the remaining two which are located in the City of Oviedo. The remainder of the subject property will be utilized for wetlands preservation. According to the application received by the City, no wetland impacts are anticipated. If during the design phase any such impacts are unavoidable, the applicant will be required to mitigate said impacts in accordance with all applicable laws. Development of this property as single-family residences, and retaining the remaining conservation designations appears to be the highest and best use of the property.   Letters/Phone Calls In Favor Or Opposition – To date, the City has not received any letters or phone calls in favor or opposition.      COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application:   Justification for Future Land Use Designation - The requested future land use map designation is “Low Density Residential”, “Conservation” and “Conservation Overlay” from “Commercial”, “Conservation” and “Conservation Overlay”. The applicant has applied for the future land use amendment in order to develop a portion of the subject property as a single-family residential subdivision. The proposed use and density is compatible with the surrounding area, as it generally characterized by low density residential development patterns.   Public Facilities: Public Hearings 500 PAGE 4 OF 10 - January 28, 2013   ROADS/TRAFFIC CIRCULATION: The portion of State Road 434 that the property has frontage along contains two lanes and has access to the State Road 417/Greeneway beltway, which is approximately one (1) mile to the west of the subject property. A conceptual plan that was presented to staff for discussion purposes shows that the subject property will only have several residential lots developed on the outer edge of it; no internal roads will be developed on the property. These lots will have frontage on a street which is proposed to be developed in the City of Oviedo and the City of Winter Springs which will service the entire development which the subject property is proposed to be part of.   Availability of Access: The site could potentially be directly accessed from State Road 434. Conceptual plans provided by the applicant as a point of discussion with City Staff do not show this property having direct access to State Road 434, but being interconnected to an adjacent parcel which is proposed at this point to have access to DeLeon Street, a Seminole County local road. Access to the State Road 417/Greeneway is approximately one (1) mile to the west. As mentioned above, these lots will have frontage on an internal street which is proposed to be developed in the City of Oviedo and the City of Winter Springs.   Function Classification: State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this portion of the City of Winter Springs, State Road 434 is a two-lane roadway. According to the City’s Comprehensive Plan, the level of service (LOS) on this portion of State Road 434 is ‘F’. According to the traffic study that was submitted by the applicant, under the current “Commercial” future land use designation, the property could be developed with a maximum of 106,722 square feet of retail development. The proposed development proposal consists of 101 single-family residential units that will be developed on a portion of the subject property and several of the surrounding properties. According to the conclusion provided in the traffic study, development of the subject property and the adjacent parcels as a single-family residential subdivision will result in a net decrease of 3,852 new daily trips and 357 new P.M. peak hour trips on State Road 434.     POTABLE WATER: City water lines are available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend water lines to the subject property.   WASTEWATER City sewer service is available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend sewer service to the subject property.   RECLAIMED WATER: Facilities serving the parcels: None currently.   ELECTRIC SERVICE:  Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of existing service. A future land use change will not impact current electric Public Hearings 500 PAGE 5 OF 10 - January 28, 2013 rates.   SOLID WASTE:  Facilities serving the parcels: None currently. 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:  Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John’s River Water Management District (SJRWMD) criteria.   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. City Hall currently houses a fire station with a response time of 5 to 8 minutes to this area.   NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES: The change in designation from “Commercial”, “Conservation” and “Conservation Overlay” to “Low Density Residential”, “Conservation” and “Conservation Overlay” 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, and the subject property is surrounded primarily by residential uses designed in low density land use patterns.   NATURAL RESOURCES COMPATIBILITY: The subject property includes a conservation future land use designation on the northern half of the site and a conservation overlay area bisecting the middle portion of the site. Because the subject property contains both a conservation future land use designation and a conservation overlay, an environmental impact study has been submitted to determine exact boundaries of conservation areas. This study was part of the transmittal package to the Florida Department of Economic Opportunity (DEO) and all associated review agencies.   SOILS The parcel consists of Basinger, Samsula and Hontoon Soils, Depressional, and Myakka and EauGallie sands. Basinger, Samsula and Hontoon Soils, Depressional soils are nearly level, very poorly drained that are found in swamps and depressions.  According to the Environmental Impact Study that was submitted: “the surface layer of Basinger soil consists of very dark gray mucky fine sand about six (6) inches thick. Samsula surface layer is muck that is about 30-inches thick. The surface layer of Hontoon soil consists of dark reddish brown much about 18-inches thick. During most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is rapid.” Myakka and EauGallie fine sands are characterized by severe restrictions for wetness. They are nearly level, and poorly drained.   FLOOD PRONE AREAS According to the Seminole County Property Appraiser’s records, the property is within Public Hearings 500 PAGE 6 OF 10 - January 28, 2013 flood zone “X”. Based on this, no areas of the property appear to be flood prone. It has been observed in the past that areas of the subject property are prone to ponding and therefore only the extreme eastern portion of the property is subject to be developed with approximately seven (7) residential lots that are shown on the Conceptual Plan that was presented by the applicant.   HISTORIC RESOURCES No known historical resources are known to be located on the subject property.   WILDLIFE The conservation overlay area noted on the City’s future land use map indicates the site may potentially contain protected wildlife habitat areas, in addition to hydric soils/wetlands and special vegetative communities. Additionally, there is a large portion of the property which has a “Conservation” future land use designation, which according to the Comprehensive Plan includes lands which “contain valuable and threatened natural resources, such as flood plain, estuarine properties, and unique ecological communities”. The environmental report that was submitted with the future land use amendment application indicates the existence of gopher tortoises on the property and the existence of four (4) bald eagle nests within one (1) mile of the subject property, well outside the required 660-foot no development buffer that is required around bald eagle nests. The Environmental Impact Study states the gopher tortoises will be re-located off-site to a Florida Fish and Wildlife Conservation Commission (FFWCC) approved recipient site.   CONSISTENCY WITH THE COMPREHENSIVE PLAN:   Future Land Use Element The Conceptual Plan that was presented by the applicant as a point of discussion proposes a density of 0.84 dwelling units per acre on the subject property. Per the Comprehensive Plan, the Low Density Residential future land use category permits up to a maximum of 3.5 dwelling units per acre. The Low Density Residential category is characterized by detached single-family homes on one-quarter acre lots. This land use category is intended to be applied as a transitional land use where higher density residential land uses would conflict with existing adjacent neighborhoods. The surrounding area is generally characterized by low density residential uses. Therefore, the proposed future land use amendment is consistent with the Comprehensive Plan.   Conservation future land use designation includes those lands which contain valuable and threatened natural resources, such as flood plain, estuarine properties and unique ecological communities. There will be no future land use change to the portion of the property that has this designation, and development will not occur on the conservation portion of the property. Therefore, the proposed future land use amendment is consistent with the Comprehensive Plan.   The Conservation Overlay is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. There will be no future land use change to the portion of the property that has this designation. Therefore, the proposed future land use amendment is consistent with the Comprehensive Plan. Public Hearings 500 PAGE 7 OF 10 - January 28, 2013   The proposed future land use amendment is consistent with the following policies from the Future Land Use Element of the Comprehensive Plan:   1. Policy 1.1.8 – requires an Environmental Impact Study to be submitted which identifies the extent of all conservation areas and protected species on-site, and the impacts of development when a portion of a site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The applicant submitted and Environmental Impact Assessment with the application. Additionally, results of the Environmental Impact Study will be further analyzed by staff during the development review process.   2. Policy 1.12.11 - requires areas determined to need protection through the Environmental Impact Study process to be placed into a permanent conservation easement prior to final development order approval.   3. Policy 1.3.1 - requires all development proposals to determine their specific impacts on current Level of Service (LOS) and mobility standards.   4. 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.   5. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate adjacent to arterial roads and mass transit systems.    6. Policy 1.7.1 - requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments.    Transportation Element The proposed future land use amendment is consistent with the following policies from the Transportation Element of the Comprehensive Plan:   1. Policy 1.1.7 and Policy 1.11.5 – requires a Transportation Impact Analysis for all new development generating more than 300 total annual average daily trips.   Conservation Element The proposed future land use amendment is consistent with the following policies from the Conservation Element of the Comprehensive Plan:   1. Policy 1.4.1 – requires the protection of the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map and the Conservation land use category, as defined in the Future Land Use Element.   2. Policy 1.4.6 – requires the incorporation of existing isolated wetlands into development projects as appropriate, provided the wetlands remain undisturbed and their natural functions are not impaired.   Public Hearings 500 PAGE 8 OF 10 - January 28, 2013 FINDINGS: 1.The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2.The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3.Considering the type and location of uses involved and the general character of the area, the change of the FLUM 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. 4.The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Small-Scale future land use amendment which re-designates the property from “Commercial”, “Conservation” and “Conservation Overlay” to “Low Density Residential”, “Conservation” and “Conservation Overlay” poses a risk for the potential loss of commercial taxable value for the City. The development of the property into a single- family residential subdivision will provide additional taxable value to the City. The property is not conducive to commercial development as a majority of the property is comprised of wetlands or Conservation Easements. The proposed use represents the highest and best use of the subject property. 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.   Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Homeowners Association. RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve second , reading and adoption of Ordinance 2012-19a Small-Scale Future Land Use Map Amendment which changes the Future Land Use Map designation for an 8.29 acre parcel Public Hearings 500 PAGE 9 OF 10 - January 28, 2013 located on the north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and State Road 434 from “Commercial”, “Conservation” and “Conservation Overlay” to “Low Density Residential”, “Conservation” and “Conservation Overlay”. ATTACHMENTS: A. Ordinance 2012-19 B. Traffic Study C. Environmental Assessment D. Conceptual Plan E. Advertisement, Orlando Sentinel – January 17, 2013 F. Minutes, November 7, 2012 Planning & Zoning Board meeting Public Hearings 500 PAGE 10 OF 10 - January 28, 2013