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HomeMy WebLinkAbout1997 04 14 Regular Item E COMMISSION AGENDA ITEM E REGULAR X CONSENT INFORMATIONAL April 14, 1997 Meeting M{iRA':':J.. fDEP~ Autho . zation REQUEST: Community Development Department requests the City Commission to approve the first reading for adoption of Ordinance No. 658, to change the Future Land Use designation of a eight (8) acre parcel located on the south side of Orange Ave. West of Tuskawilla Road bordering the north property line of the Winter Springs High School land. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading of Ordinance No.658 to change the Future Land Use designation of an eight (8) acre parcel, that would be developed along with the "Button" property adjacent to the east into single family residential subdivision from "Mixed Use" to "Lower Density Residential". 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 of a 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]. APRIL 14, 1997 AGENDA ITEM E Page 2 CONSIDERA nONS: 1. The Local Planning Agency on March 19, 1997 recommended to the City Commission that the "Joyce" property be redesignated from "Mixed Use" to "Lower Density Residential" on the City's Future Land Use Map. 2. The Planning and Zoning Board at its February 5, 1997 meeting recommendation to the City Commission that the "Joyce" property be rezoned from RU "Rural Urban" to R-IA "Single Family Dwelling" District. FINDINGS: 1. The existing land use of the surrounding area to the north and east is residential aor vacant land. The applicant's request for 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 existing residential development in the county enclave. 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. 4. There is an isolated wetland located on the subject property as indicated in Figure F-8 of the City's Comprehensive Plan and an on-site inspection. The City's Future Land Use Map does not designate this isolated wetland as "Conservation". 5. The subject property is not within the 100 year flood prone area as indicated on FEMA Nation Flood Insurance Program Rate Map (122117C0135-E; April 17, 1995). 6. No significant nuisance should result from the proposed residential development of the applicant. AP~ 14,1997 AGENDA ITEM E Page 3 7. The subject property is not within the county service area for extension of sewer and water service. 8. The subject property is within the City's service area for extension of sewer and water service. 9. The City is able to extend to the subject property the urban services it provides to the other areas of the City. RECOMMENDATION: Staff recommends approval of the first reading of Ordinance No. 658 to change the Future Land Use designation from "Mixed Use" to "Lower Density Residential" on the eight (8) acre "Joyce" property based on: 1. The findings indicated above; 2. The recommendation of the Local Planning Agency at its March 19, 1997 meeting. IMPLEMENTATION SCHEDULE: The City Commission would hold a second reading and public hearing on April 28, 1997 and adopt Ordinance 658 to change the Future Land Use designation from "Mixed Use" to "Lower Density Residential" on the City's Future Land Use Map. The ordinance for the small scale comprehensive plan amendment change to the Future Land Use Map would take effect thirty-one (31) days after adoption [ref 163.3187(3)(a) F.S.] ATTACHMENTS: 1. Parcel Boundary Map. 2. Staff Report to P & Z BoardlLP A. 3. Ordinance No. 658. COMMISSION ACTION: -.c' / # ~ I\.. '0 ~ < ~ I:...-~~?:::..:.::... "I;:: I ....... I ~ .....* ~ tv ~ ~ "' <::> / LEGAL DESCRIPTION LAND TO BE REZONED BY THE CITY OF WINTER SPRINGS Lot 17 & Lot 17A, of Block B, D.R. MITCHELL'S SURVEY OF 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. ( Tax Map Location 1 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: I. A NEW BUSINESS SANLANDO (JOYCE) SMALL SCALE COMPREHENSIVE PLAN AMENDMENT SM-CPA-3-97 STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4) Florida statutes which states "Be the agency (Local Planing 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 o\and prior to any recommendation to the governing body, the Local Planning Agency shall hold at least one public hearing , with public notice, on proposed plan or plan amendment." The provisions of Sec. 2-57 of the city Code which states in part ". . .the planning and zoning board shall serve as the local planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state. " The provisions of 163.3187 F.S. 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 be come effective until 31 days after adoption." 1. 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 City's "Mixed Use" to "Lower Density Residential" (1.1 to 3.5 DU/acre) PURPOSE: Applicant states "To develop the property as a single family residential subdivision of R1A lots." PROPERTY: Location: On the southside of Orange Ave. west of Tuskawilla Road bordering the north property line of the Winter Springs High School land. Legal Description: Lot 17 and Lot 17A of Block "B" of the D. R. Mitchell's Survey of 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: 8 acres PARCEL NUMBER: 26-20-30-5AR-OBOO-0170 and 26-20-30-5AR-OBOO-017A EXISTING LAND USE OF SUBJECT PROPERTY: The site (lots 17 and 17A) has an existing 4,400 square foot residence, plus other buildings for storage and maintenance. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: North of Orange Ave., residential on long lots running from Orange Ave. to Lake Jesup. These lots are generally acre+ in size with most houses set back a significant distance from the road. South: winter Springs High School property (retention basin and wooded area immediately south of subject property. East: Mostly former orchard and a wooded area on east side (Button property). There is a currently occupied house on the east side of the property boundary of Lot 17A. west: Mostly wooded area. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: Mixed Use. Requested: "Lower Density Residential" 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: (county designation) (maximum 1 DU/acre). "Suburban Estates" NOTE: The city recently annexed the 9.9 acre (Button) parcel to the east and will hold the first reading of an ordinance to change the Future Land Use Map designation from county "Suburban Estates" to the City's designation of "Lower Density Residential" (1.1 to 3.5 DU/acre). west: (County designation) "Suburban Estates" and "Conservation" which is mainly along the southwest property boundary. ZONING OF SUBJECT PROPERTY: Existinq: (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. Requested: R-1A "One Family Dwelling District" (with 8,000 sq. ft. minimum lot size). ZONING ADJACENT TO SUBJECT PROPERTY: North: (County designation) R-1 "Single Family Dwelling district" (8,400 sq. ft. minimum lot size). South: Mostly (City designation) C-1 "Neighborhood Commercial" . C-2 "General commercial and Industrial" at the southwest corner of parcel 17. East: (County designation) A-1 "Agriculture" (1 DU/acre) NOTE: Recently the city annexed the 9.9 acre (Button) parcel to the east and will hold the first reading of an ordinance to change the zoning designation from county A-1 "Agriculture" (1 DU/acre) to the City's designation of R-1A "One- Family Dwelling" District (minimum lot size 8,000 square feet). (county designation) A-l "Agriculture (1 DU/acre). West: CHRONOLOGY OF SUBJECT PROPERTY: November, 1994 - Mrs. Clara Joyce applied to change the zoning on the property from RU and C-2 to R-3 to permit the remodelling of an existing residence to a 25 bed Adult Congregate Living Facility (ACLF). December, 1994 - Seminole County Planning Department objects to R-3 since it would allow up to 60 dwelling units on the parcel and that the county believed that to be incompatible land use with the "Low Density Residential" and "Suburban Estates" designations in the county's comprehensi ve plan. Board of County commissioners objects in letter dated December 12, 1994. January 18, 1995 - P & Z Board a proposed amendment to Sec. 20-267, the R-U Zoning District, to include ACLFs as permitted use was considered. The P & Z Board passed a motion to recommend that the ci ty Commission approve the ordinance with a change that "the maximum number be six residents per acre owned". December 11, 1994 - The City Commission tabled the proposed rezoning. January 9, 1995 - The City Commission held a first reading on proposed ordinance (575) to add an eleventh permitted use, an ACLF, in the R-U "Rural Urban" Dwelling District. At the request of the peti tioner the proposed ordinance was delayed from further consideration. April 20, 1995 - Mrs. Joyce submits request to create two zoning districts: R-3 to cover the ACLF area, and R-1 to cover the remaining area of about 6.5 acres. June, 1995 - Applicant withdraws request discussion with City commission. after II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED IN REVIEWING THIS APPLICATION. A. PUBLIC FACILITIES: 1. ROADS/TRAFFIC CIRCULATION: a. Availabilitv of access: Tuscawilla Road right-of-way is just east of this property. 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 Comprehensive Plan [Volume 1 of 2, page TC 2], "Local" streets have as primary function "to serve the adj acent property by providing the initial 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 (includina acquisition) alreadY proarammed or result of the proposed amendment. riaht-of-wav needed as a 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 servina the site. None. b. ,Improvements/expansions needed as a result of proposed amendment: On the High School property 800 feet from Tuscawilla Road there 1S 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 of 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 wi thin 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 utili ties/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. 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 facilities." and Objective 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. . ." B. LAND USE COMPATIBILITY: a. Soils. topographY. flood prone areas. The soils on this property are: Basinger, Samsula, and Hontoon soils and Myakka and EauGallie fine sands. Concerning the Basinger, Samsula, and Hontoon soils, the soils in this map unit are nearly level and very poorly drained. Thes;e soils are in swamps and depressions. The slopes are dominantly less than 2%. In most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability is rapid in Basinger, Samsula, and Hontoon soils. In their natural state, the soils in this map unit are not suited to use for homesites, commercial or recreational development or sanitary facilities. The main limitations are ponding, excess humus, low strength, and subsidence. Concerning the Myakka and EauGallie 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 are poorly suited to use for sanitary facilities, building sites, and recreational development. The main limi tations are seepage and wetness. Water control, including drainage outlets, are needed to overcome wetness Fill material should be added to make these soils suitable for most urban uses. The east portion of the subject parcel is in an isolated wetland (Hydric Hammock) area as indicated in Figure F-8 of the City's Comprehensive Plan. The developer has stated the wetland is on that portion of the "Button" property that was not included in the annexation, and that perhaps only a few feet may exist on the very eastern edge of the Joyce property. It should be noted that Policy 1 of Objective A under Goal 2 of the Land Use Element of the City's Comprehensive Plan indicates "The land use classification "Conservation" is created, in concept, to apply to all natural drainage features, adhering to the limitations established by law to protect the rights of property owners." The City'S Future Land Use Map does not designate this isolated wetland as Conservation. A review of the FEMA National Flood Insurance Program Rate Map (12117C0135-Ei April 17, 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 Species desiqnated as Endanqered. Threatened or Special 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 subj ect parcel does not have nati ve vegetation communities due to prior clearing. d. Nuisance potential of proposed use to surroundinq land uses. The proposed land use change from "Mixed Use" to "Lower Density Residential" should not negatively impact adj acent land uses. The subj ect parcel is not wi thin 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 the "Button" property, a 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 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 about 31 houses. Residential subdivisions typically have 22% of the land devoted to streets, stormwater retention facilities, etc. The subject property, under the requested "Lower Density Residential" designation could potentially have 21 houses. The developer has indicated that he intends to build approximately 20 houses on the property. Access to the houses on the Joyce property will be via the road through the Button property connecting to Tuskawilla Road. Hence, there will not be significant traffic increases on Orange Ave. C. ECONOMIC DEVELOPMENT: 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 proposed small scale comprehensive plan amendment changing the future land use designation from "Mixed Use" to "Lower Density Residential" 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. E. OTHER 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, to process and review his application for small scale comprehensive plan amendment, and rezoning for a residential development. Roads: * Staff contact wi th 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 "Tuscawilla 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 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 Tuscawilla Road north of S.R. 434 and to include especially the area around the intersection of Tuscawilla 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 Tuscawilla 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) Environmental: * The shore area in the county enclave between Central Winds Park to Tuscawilla 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). 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-1 "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). * 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. b. In addi tion to these restr ictions, the following provisions to protect the natural functions of the Lake shall be established: i. An upland buffer zone, to be a minimum width of fifty (50) feet, shall be provided between any development activity and the lake; ii. 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. iii. 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 wi thin land delineated to be conservation, as determined by field review by state agencies of proposed engineering plans. ill. 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 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 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. B. ENVIRONMENTAL: 1. There is an isolated wetland located on the sUbject property as,indicated in Figure F-8 of the City's Comprehensive Plan and an on-site inspection. The City's Future Land Use Map does not designate this isolated wetland as Conservation. 2. The subject property is not within the 100 year flood prone area as indicated on FEMA National Flood Insurance Program Rate Map (12117C0135-Ej April 17, 1995). C. NUISANCE POTENTIAL: No significant nuisance should result from the proposed residential development of the applicant. D. PUBLIC FACILITIES: 1. The subj ect 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 areas of the City. IV. STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY: 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 Future Land Use designation from "Mixed Use" to "Lower Density Residential" on the subject property based on the findings indicated above.