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HomeMy WebLinkAbout1997 02 24 Regular Item A COMMISSION AGENDA ITEM A REGULAR X CONSENT INFORMATIONAL February 24, 1997 Meeting MGR. f!w' ~Y V Authorization REQUEST: Community Development Department requests the City Commission to hold a public hearing and adopt Ordinance No. 647 upon second reading to change the future land use designation ofa 9.9 acre "Button" parcel located at the intersection of Orange Avenue and Tuskawilla Road. PURPOSE: The purpose of this Board Item is to request the Commission to hold a public hearing and adopt Ordinance No.647 to change the future land use designation from county "Suburban Estate Residential" to City "Lower Density Residential" of a recently annexed 9.9 acre parcel located on the north side of the Winter Springs High School property at the southwest comer of the intersection of Orange Ave. and Tuskawilla Road. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3187(1)(c) F.S. which states in part "Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. " A local government is not required to comply with the requirements of 163. 3184( 15)( c) F.S. concerning the holding of two (2) public hearings for adoption ofa small scale amendment if the local government complies with the provisions of 166.041(3)(c) F.S. for a municipality [i. e. no transmittal public hearing to send the amendment to the Florida Department of Community Affairs]. FEBRUARY 24, 1997 AGENDA ITEM A Page 2 CONSIDERATIONS: Since the applicant's parcel is located in a general area that has been considered for inclusion in the "Town Center", the following may be noted: Disclosure: * The applicant was apprised of the City's S.R. 434 Corridor Vision Plan involving the Town Center and possible expansion northward, eastward and southward. The applicant expressed the desire, never-the-Iess, for the City to process and review his application for annexation, small scale comprehensive plan amendment, and rezoning for a residential development. &lad.s: * Staff contact with Conklin, Porter and Holmes, which is preparing the update to the Traffic Circulation Element of the Comprehensive Plan revealed that present data do not show that the "Winter Spring Loop" and "Tuskawilla Bypass" are needed for capacity purposes and maintenance of LOS on S.R. 434. * Without a minor or major arterial road running along the north side of the high school, there will not be a demand for commercial property adjacent to the high school on the north side or along Orange Ave. to Lake Jesup. Town Center Focus: * A desire has been expressed to expand the Town Center area to include areas just east of TuskawiUa Road north of S.R. 434 and to include especially the area around the intersection of TuskawiUa Road and S.R. 434 as a possible focal point of the Town Center due to its visibility and activity. * The focus of the Town Center will naturally tend to be along the major roadways and intersections of such roadways for they attract commercial establishments and activity. County Enclave: * Presently, all of the land between Central Winds Park to Tuskawilla Road, from the lake shore to Orange Ave. is in the county. The existing land use is large "bowling alley" lot residential of 1 acre+. Much of this area is designated "Conservation" on the county's Future Land Use Map (Fig. 2.0.1) FEBRUARY 24, 1997 AGENDAITEM A Page 3 Environmental: * The shore area in the county enclave between Central Winds Park to Tuskawilla Road back approximately 250 to 300 feet from the edge of Lake Jesup is within the 100 year flood prone area, according to F.E.M.A. Flood Insurance Rate Map (12117C0135; April, 1995). Comprehensive Plan: * Proposals to locate commercial along the shore of Lake Jesup would be in conflict with the Seminole County Comprehensive Plan Policy 2.1.1 "Conservation Land Use" which states "The County shall continue to regulate development and preserve environmentally sensitive areas where soils, topography, wetland and other constraints exist through the "Conservation land use designation and associated provisions of the Land Development Code." * The county's Comprehensive Plan indicates that the Future Land Use designation of "Conservation" involves an overlay land use designation consisting of protected wetland and flood prone areas. All development must comply with W -1 "Wetlands Overlay" and FP-l "Flood Prone" Zoning Classification requirements. The thrust of these regulations is to discourage development in the "Conservation" designated areas through more restrictive policies and standards of the county Comprehensive Plan (ref. Policies 2.1.1, 2.1.2, 2.1.3) and the county Land Development Regulations (Sec. 30-961 to 30.968; Sec. 30-981 to 30.989) * Should the City eventually annex the county enclave, the City's Comprehensive Plan and Land Development Regulations would apply which discourage development within environmentally sensitive areas. * The City's Comprehensive Plan has a similar designation of "Conservation" "to apply to all natural drainage features. . . . (Goal 2, Objective A, Policy 1 Land Use Element). . . The natural hydrological, topographical, biological and ecological functions of natural drainage features, creeks and wetland areas lying within the boundaries of the City shall be protected (Goal 2, Objective A, Policy 3 Land Use Element). Similarly, Objective B, Policy 3 and Objective C, Policy 5c of the Conservation Element also discourage development in wetlands. * Specifically with respect to Lake Jesup, the City's Comprehensive Plan Land Use Element Objective A, Policy 3 g. states a. "Development adjacent to Lake Jesup shall not be permitted to include light industrial, industrial, or commercial land uses. FEBRUARY 24, 1997 AGENDA ITEM A Page 4 b. In addition to these restrictions, the following provisions to protect the natural functions of the Lake shall be established: I. An upland buffer zone, to be a minimum width offifty (50) feet, shall be provided between any development activity and the lake; 11. All development along the lake shall be required to meet a more restrictive impervious surface ratio standard. All development along the Lake shall provide a minimum of 40% pervious surface. 111. No direct discharge of stormwater into the Lake shall be permitted, in accordance with criteria established by the SJRWMD. * The Conservation Element Objective B, Policy 2 states "Prohibit development dependent on urban infrastructure within land delineated to be conservation, as determined by field review by state agencies of proposed engineering plans. FINDINGS: A. LAND USE AND ZONING: 1. The existing land use of the surrounding area to the north and east is residential or vacant land. The applicant's request for the City's Future Land Use designation of "Lower Density Residential" on the subject property would be compatible with the surrounding existing land uses of residential and vacant land and with the county's surrounding Future Land Use designations of "Suburban Estates Residential" and "Low Density Residential" . 2. The new St. Johns Landing single family residential subdivision to the northeast (inside the City) will be at the same density range as the applicant's request of 1.1 to 3.5 DU/acre. 3. The applicant's request for the City's Future Land Use Map designation of "Lower Density Residential" (1.1 to 3.5 DU/acre) is compatible with the county's Future Land Use designation of "Low Density Residential" (maximum 4 DU/acre). The parcels designated county "Low Density Residential" are located immediately north of the subject property on the north side of Orange Ave. FEBRUARY 24, 1997 AGENDAITEM A Page 5 B. ENVIRONMENTAL: 1. There are no wetlands located on the subject property as indicated in Figure F-8 of the City's Comprehensive Plan and an on-site inspection. 2. The subject property is not within the 100-year flood prone area as indicated on FEMA National Flood Insurance Program Rate Map (12117C0135-E; April, 1995). C. NUISANCE POTENTIAL: No significant nuisance should result from the proposed residential development of the applicant. D. PUBLIC FACILITIES: 1. The subject property is not within the county service area for extension of sewer and water service. 2. The subject property is within the City's service area for extension of sewer and water service. 3. The City is able to extend to the subject property the urban services it provides to the other areas of the City. LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: MOTION: Accept the land use designation from its current designation which is county "Suburban (Estates Residential) to "Low(er) Density Residential with the maximum of 3.5 dwelling units per acre with the findings of the land developer and the recommendations of this Board. Motion passed 4 to 1. RECOMMENDATION: Staff recommends approval of the second reading and adoption of Ordinance No. 647 to change the Future Land Use Map designation on a 9.9 acre "Button" parcel from county "Suburban Estates Residential to City "Lower Density Residential" based on the findings and considerations above. FEBRUARY 24, 1997 AGENDA ITEM A Page 6 IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading and public hearing on February 24, 1997 to adopt Ordinance 647 to change the Future Land Use Map designation of the 9.9 acre "Button" parcel. The ordinance takes effect thirty-one (31) after adoption [per 163.3187(3)(a) F.S.] ATTACHMENTS: 1. Area map of small scale amendment parcel. 2. Parcel boundary map. 3. Staff Report to Local Planning Agency on small scale amendment 4. Ordinance No. 647 COMMISSION ACTION: L A K E J E SUP . '--~"; SHALL SCALB AHEBDHEN'l' PARCEL !l/ I ! i ; ..../.,......---1 ---;.=t :' :;;(~:if:;{?:'~ '.~ 'r;~~.~: /:~;:,,'~:},:~~:"~-)P?".''.; . . " ,. . I, .:'; .~. . "'. . :~..:1;;;\~;~~:<:;'.:?t ~"'.' '. .':::..;" .... ~. .... .'. . .:-........';...--......: .......:;:1. ,.:,."l. -:,' . ,.';':, :~.--:iL::': '" .... ~j --L_~~ --_____ - - ------- T ---.. ----- lAND TO BE ANNEXED INTO THE . -- CITY OF WINTER SPRINGS 'If ~ -' --- _____ .' o ~- ~----- ______ Lot 18 less lIle North 288leet olllle West 190 leelol Lot 18, plus Lot 18A, of Bolek B, D.A. MITCHEll'S SURVEY OF o ______ THE LEVY GRANT ON LAKE JESSUP, according to the plat thereol as recorded in Pial Book 1, Page 5 of the Public r; . "---' ~ _ _______ Records of Seminole County, Flolida. - i/: ~~~~ . .:----:--------- I / ~~.O ',..J::.; ------q652:-:--~'---. / I I v, tt-.tCf... U!.'.:;::'(; . 00' ----.J 5.550/3, .~... 30" 2 f. 25.00' ..: :". ~'... :w ,.. .~ . ..... N 2. "--.-- lc- ':. \,. ... :; ;'!:~~:::;:.:.:: .:;::;;:::' ._" ..:....J.. ......... ~.::,_....,.,;..: ..._..:.....: .'. '.." . ~ . ,.j '" .". . '.. , ..~:...~ .:-:.:.:.~;._:~. ;l."; . t.:; . '. .~:.~; ~..<. \", :" :h;' . .:"," '~r' Pl. .' :~;~,~:.;~.::..::\/~r.. ..7~,~:::.~+:\:;..:;.':. . ..' ~-?,. .~ .~.., '1.":" . '1..: .': '. . ...' " ;.'. . :'~,~'. .. .1 ....' .. "',' " L " LEGAL DESCRIPTION -..:::: . :.... ".'. t:~ L;..~.) i .10.642 ACRES ,/r .~ ;.;::.:;::6ili~2.~. ,--,..;..,; >..... '.;' ).' ~: .. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development LOCAL PLANNING AGENCY AGENDA ITEM: II. A. NEW BUSINESS SANLANDO (BUTTON) SMALL SCALE COHPRBHEHSIVE PLAH AHENDKEN'1' STAFF REPORT: In accordance with the requirements of 163.3187(c) Florida statutes, presented below is a proposed change to the Future Land Use Map of the City'S Comprehensive Plan. SM-CPA-l-97 SMALL SCALE COMPRI(H~:NSIVE PLAN Al\1ENDMENT I. BACKGROUND: APPLICANT: .~!? Sanlando Land, Inc. 238 N. Westmonte Dr., suite 290 Altamonte Springs, FL 32714 (407) 682-7747 OWNER: ( Same as Applicant ) REQUEST: For change of Future Land Use designation from Seminole County's "Suburban Estates" (max 1 DU/acre) to the City'S "Lower Density Residential" (1.1 - 3.5 DU/acre). PURPOSE: Applicant states "To bring the property into the City for water and sewer and to develop a single family residential subdivision of RlA lots." PROPERTY: Location: At the southwest intersection of Orange AVe. and Tuskawilla Road bordering the north property line of the Winter Springs High School land. Leqal Description: Lot 18 less the North 288 feet of the West 190 feet of Lot 18, plus Lot 18A of Block "B" of the D. R. MitChell's Survey o~ the Levy Grant on Lake Jessup according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public records of Seminole County, Florida. ACREAGE: 9.9 acres PARCEL NUMBER: 26-20-30-SAR-OBOO-0180 EXISTING LAND USE OF SUBJECT PROPERTY: Vacant lot, former orchard grove. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: North of Orange Ave., residential on long lots running from Orange Av~.. to Lake Jesup. These lots are acre+ in size. .:,,.;.) South: Winter Springs High School property (retention basin and wooded area immediately south. of subject property. Former orchard and a wooded area on east side of Tuskawilla Road. To the northeast, st. Johns Landing residential subdivision proposed with 1.47 DU/acre (31 units). East: West: Vacant, partially wooded area with three residential units sharing a common drive. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) "Suburban Estates" (max 1 DU/acre) Requested: (City designation) "Lower Density Residential" (1.1 to 3.5 DU/acre) FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (County designation) "Low Density Residential" [max 4 DU/acre] and "Conservation". South: (City designation) "Public Buildings" (per the High School property) over the majority of the property and "Mixed Use" immediately south of the Button Property. East: (City designation) "Medium Residential" [6.6 to 9~0 DU/acre]. (City designation) "Mixed Use". Density West: ZONZNG OF SUBJECT PROPERTY: Existing: A-1 "Agriculture" (County designation) Reauested: R-1A "One. Family Dwelling District" (with 8,000 sq. ft. minimum lot size). ZONING ADJACENT TO SUBJECT PROPERTY: .Y North: (County designation) R-l "Single Family Dwelling district" (8,400 sq. ft. minimum lot size) . South: (City designation) Commercial". C-1" "Neighborhood East: (City designation) PUD. (City designation) R-U "Rural Urban" Dwelling District. NOTE: R-U District eliminated per Policy 1 of Objective A under Goal 3 of the Land Use Element of the Comprehensive Plan. RC-1 "Single Family Dwelling" District (with minimum 1 acre lot size) substitutes in place of R-U. West: CHRONOLOGY 07 SUBJECT PROPERTY: City Commission voted to approve the annexation of the 9.9 acre subject property on first reading of Ordinance 631 at its regular meeting on December 9, 1996. The second reading and public hearing on the ordinance is scheduled to be held on January 13, 1997. APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4) Florida statutes which states "Be the agency (Local Planning 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. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, -the Local Planning Agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment... The provisions of Sec~ 20-57 of the Code of Ordinances of the City of Winter Springs which state in part fl. . .the planning and Zoning Board shall serve as the local land planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state.. fI The provisions of 163.3187 Florida Statutes which state in part "Small scale development amendments adopted pursuant to paragraph (1) (c) require only one public hearing before the governing board, which shall be an adoption hearing. . .Small scale development amendments shall not become effective until 31 days after adoption." The City has expressed an interest in annexation in the past (ref. 8-14-95 City Commission meeting) . ll. COMPREHENSIVE PLAN AMEND~NT ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED " IN REVIEWING THIS APPLICATION. A. PUBLIC FACILI'l'IES: 1. ROADS/'l'RAFFIC CIRCULA'l'ION: a. Availabilitv of access: Tuscawilla Road right-Of-way abuts this property on the east side. Orange Ave. abuts this property on the north side. b. Functional Classification: Tuscawilla Road (former Brantley Ave.) north of S.R. 434 is presently a two lane road paved from S.R. 434 to the High School entrance and as a dirt road northward to Orange Ave. Tuscawilla Road north of S.R. 434 is indicated to be widened to four lanes northward to the proposed Winter Springs Loop which follows the abandoned CSX railroad bed (Figure TC-F4 in Vol 1 of 2 of the City's Comprehensive Plan), but north of this point is not scheduled to be widened but will remain a two-lane road "local street". in the vicinity of the frontage of this property. Orange Ave. is a county road maintained by the City and is also a "local" street. As defined in the City'S Comprehens"ive Plan [Volume 1 of 2, page TC 2], "Local" streets have as primary function "to serve the adj acent property by providing the ini tial access to the highway network. These roadways are characterized by short trip lengths, low speeds and low traffic volumes. " This definition is consistent with the Florida Department of Transportation definition). c. Improvements/expansions Cincludinq acauisition} alreadY proqrammed or result of the proposed amendment. riqht-of-way needed as a ;...f./ The roadway into the residential subdivision will be required to be paved as per Sec. 9-149 City Code which states: At least one (1) street leading to a development and all streets within a development shall be paved. 2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POTABLE WATER: POTABLE WATER: a. Facilities servinq the site. None. b. Improvements/expansions needed as a result of proposed amendment: On the High School property 800 feet from Tuscawilla Road there ~s a potable water distribution line from which a future residential subdivision would tap into for service. Developer would lay all water lines within the development and tap into the trunk line within the easement. SANITARY SEWER: a. Facilities servinq the site: None b. Improvements/expansions needed as a result o{ proposed amendment: On the High School property there is a sanitary sewer collector line from which a future residential subdivision would tap into for service. Developer would lay all sewer lines within the development and tap into the collector line within the easement. RE-USE WATER SYSTEM a. Facilities servinq the site: None. b. Improvements/expansions needed as a result of proposed amendment: There is a re-use water distribution line that is located on Orange Ave. at Central Winds Park. The Utilities/pUblic Works Department indicates that the subject property is not in the area for planned extension of re-use water. DRAINAGE/STORMWATER: a. Facilities servinq the site. None on site. "~ b. Improvements/expansions needed as a result of proposed amendment: If the property is developed, then the project must meet Sec. 9-241 City Code requirements. Post development runoff cannot exceed pre-development runoff. (Use 25 year storm, 24 hour storm standard) Stormwater calculations required if retention ponds are to be constructed with storm pipes or swales. There must be a clear recorded easement for the pipes and/or swales. The easement must be definitive for maintenance of structural facilities. .,,"': B. SOLID WASTE: a. Facilities servinq the site. The City has a franchise agreement with a solid waste hauler, IWS until December, 1996. A new exclusive franchise agreement will be concluded after a bid process. b. Improvements/expansions needed as a result of proposed amendment: None. 3. RECREATION AND OPEN SPACE, INCLUDING: a. Facilities' servinq the site. The future residents of a proposed subdivision on this parcel would be able to use the City's public parks and open space located throughout the City, especially the City's main park, the Central Winds Community Park located approximately one (.56) miles to the west, and in the near future the twenty-five (25) acre neighborhood park in Winding Hollow Subdivision. b. Improvements/expansions needed as a result of proposed amendment: None. A residential development on this size parcel will not negatively impact the Level of Service for the Central Winds Community Park. The proposed residential development will be subject to the Recreation and Open Space Element Objective D which states: "In addition to the developed park acreage set as minimum levels of service, each time a new development is constructed supplement the public park system facili ties." a,nd Obj ecti ve E Policy 1 which states: "The City shall require developers to provide recreational facilities to be included with private developments or fees in-lieu- of. . ." LAND OSE COMPATIBILITY: a. Soils, topoqraphv, flood prone areas. The soils on this property are: Basinger and Delray fine sands and EauGallie and Immokalee fine sands. Concerning the Basinger and Delray fine sands, the soils in this map ~)''; unit are nearly level and poorly drained and very poorly drained. Basinger soil is poorly drained and Delray soil is very poorly drained. These soils are in sloughs and poorly defined drainageways. The slopes are dominantly less than 2%. The soils in this map unit are poorly suited to use for homesites and other urban development. The main limitation is wetness. To overcome wetness a . , water control system ~s needed to provide for subsurface drainage and to remove excess surface water. Fill material should be added to make these soils suitable for most urban uses. Concerning the EauGallie and Immokalee fine sands, the soils in this map unit are nearly level and poorly drained. These soils are on broad plains on the flatwoods. The slopes are dominantly less than 2%. The soils in this map unit have a seasonal high water table within 12 inches of the surface for 1 to 4 months during most yea,rs. The soils in this map unit are poorly suited to use for sanitary facilities, building sites, or recreational development. The main limitations are seepage and wetness. Water control, inclUding drainage outlets, is needed to overcome wetness. Fill material should be added to make these soils suitable for most urban use. If the density of housing is moderate or high, a community sewage system may be needed to prevent contamination of water supplies by seepage. The subject parcel is not in a wetlands area as indicated in Figure F-8 of the City's Comprehensive Plan. An isolated Bayhead wetland immediately south of the subject property (on the high school property) has been altered to form a retention basin for stormwater runoff from the high school. A review of the FEMA National Flood Insurance Program Rate Map (12117C0135-Ei April, 1995) indicates the subject parcel is not within the 100 year flood prone area. b. Natural resources. historic resources. No natural or historic resources have been found. c. Wildlife and Soecies desicmated as Endanq~red. Threatened or Soecial Concern. No federally listed endangered plants are known to exist in the county. Since little is known about the actual species occurring within the City, it is essential that surveys of such species be completed prior to site development of parcels containing native vegetation. The subject parcel does not have native vegetation communities due to clearing for an orchard grove. d. otential of ro osed use to surround'n and The proposed land use change from "Suburban Estate" to "Lower Density Residentialll should not negatively impact adjacent land uses. The county designates land that is not or will not be serviced by water and sewer service as "Suburban Estatesll, "Rural-311, Rural-S" and Rural-10" on its Future Land Use Map. The subj ect parcel is not within the county service area for extension of water and sewer service. The subject parcel is directly bordered on the north by the right-of-way of Orange Ave. and long lot residential and vacant land to the north of that. Adjacent to the subject property, to the east is Tuscawilla Road and each of that is wooded land and former orchard. To the south is the Winter" Springs High School property with the retention basin directly south of the subject property. To the west is an orchard and wooded land. There should be no nuisance to surrounding properties as a result of the property being used in the future for a single family residential Subdivision as proposed by the applicant at the land use designation of "Lower Density Residential" (1. 1 to 3. 5 units per acre). The 21.15 acre parcel being developed (known as st. Johns Landing) to the northeast of the intersection of Orange Ave. and Tuscawilla Road will be developed at 1.47 dwelling units per acre. That development will have 31 houses. Residential subdivisions typically have 22% of the land devoted to streets, stormwater retention facilities, etc. The subject property, under the reqested "Lower Density Residnetial" designation could potentially have 27 houses. C. ECONOMIC DEVELOPMENT: -:.5- Development of a single-family residential subdivision on the parcel will add to the City'S tax base, over that of existing vacant land. .' D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: [per definition in 9J-.5.021 F.A.C.] The subject parcel is scheduled to be annexed into the City on January 13, 1997 when the second reading and public hearing on proposed ordinance 631 occurs. The proposed small scale comprehensive plan amendment prompted by the annexation changing the county designation of residential "Suburban Estates" to the City designation of residential "Lower Density" is compatible with the surrounding residential land uses to the north and northeast. The proposed density range of 1.1 to 3.5 DU/acre is compatible with the new st. Johns Landing residential subdivision to the northeast. ill, FINDINGS: A. LAND OSE AND ZONING: 1. The existing land use of the surrounding area to the north and east is residential or vacant land. The applicant's request for the City's Future Land Use designation of "Lower Density Residential" on the subject property would be compatible with the surrounding existing land uses of residential and vacant land and with the county's surrounding Future Land Use designations of "Suburban Estates" residential and "Low Density Residential". 2. The new st. Johns Landing single family residential subdivision to the northeast (inside the City) will be at the same density range as the applicant's request of 1.1 to 3.5 DU/acre. 3. The applicant's request for the City's Future Land Use Map designation of "Low Density Residential" (1.1 to 3.5 DU/acre) is compatible with the county's Future Land Use designation of "Low Density Residential" (maximum 4 DU/acre). The parcels designated county "Low Density Residential" are located immediately north of the subject property on the north side of Orange Ave. B. ENVIRONMENTAL: 1. There are no wetlands located on the subject property as indicated in Figure F-8 of the City's Comprehensive Plan and an on-site inspection. .;-J 2. The subject property is not withip the 100 year flood prone area as indicated on' FEMA National Flood Insurance Program Rate Map (12117C0135-Ei April, 1995). C. NUISANCE POTENTIAL: No significant nuisance should result from the proposed residential development of the applicant. D. POBLIC FACILITIES: 1. The subject property is not within service area for extension of sewer service. the county and water 2. The subject property is within the City's service area for extension of sewer and water service. 3. The City is able to extend to the subject property the urban services it provides to the areas of the City. E. ANNEXATION: 1. The City has expressed an interest in annexation in the past (Fef. 8-14-95 City Commission meeting). 2. The subject property is within the Joint Planning Area Map for the City of Winter Springs discussed and agreed upon with the county planning staff and presented to the City Commission with their consent on 8-14-95. . IV. STAFF RECO:MMENDATION: staff recommends that the Local Planning Agency recommend approval to the City Commission the request by Doug Maise of Sanlando Land, Inc. for a change of county Future Land Use designation from "Suburban Estates" to "Lower Density Residential" on the subject property based on the findings indicated above. .:~..r <' ORDINANCE NO. 647 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USB OF A CERTAIH PARCEL DOn AS THE SANLANDO LAND, IHC. "BUTTON'~ PROPERTY AND MORB PARTICULARLY DESCRIBED BELOW PROM COUN'l'Y "SUBURBAN ESTATES RESIDENTIAL" TO CITY "LOWER DENSITY RESIDENTIAL" PURSUAN'l' TO 163.3187 and 166.041 FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE FUTURB LAND USE HAP; SEVERABILITY; CONFLICTS AND AN EFFECTIVE :DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida to change the future land use from its present county designation of "Suburban Estates Residential" to "Lower Density Residential" on the following real property situate in Winter Springs, Florida as a result of annexation (Ordinance 631) on January 13, 1997: ;,v LOT 18 LESS THE NORTH 288 FEET OF THE WEST 190 FEET OF LOT 18, PLUS LOT 18A OF BLOCK "B" OF THE D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. WHEREAS, the City Commission for the City of Winter Springs, Florida has determined that the change of future land use of the above described property will be consistent with the intent the City's Comprehensive Plan and compatible with existing land uses in adjacent areas. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs, hereby changes the future land use designation of county "Suburban Estates Residential" (1 DU/acre maximum) to "Lower Density Residential" (8,000 sq. ft. minimum lot size)on the following described property: LOT 18 LESS THE NORTH 288 FEET OF THE WEST 190 FEET OF LOT 18, PLUS LOT 18A OF BLOCK "B" OF THE D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESUP ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. SECTION II - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. . .:f SECTION III - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - This Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 163.3187(3) (a) Florida Statutes. PASSED AND ADOPTED this____day of , 1997. CITY OF WINTER SPRINGS JOHN F. BUSH, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING ;/ "