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HomeMy WebLinkAbout1998 01 12 Regular Item C-4 COMMISSION AGENDA ITEM C-4 REGULAR X CONSENT INFORMATIONAL January 12, 1998 Meeting REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing to approve the first reading for adoption of Ordinance No. 696, to rezone a 296.96 acre parcel located on the east side of State Road 417 (aka "The GreeneWay) and on the north side of State Road 434. PURPOSE: The purpose of this Board Item is to request the Commission to approve the first reading for adoption of Ordinance No. 696 to rezone the 296.96 acre Battle Ridge Property from county zoning designation A-I "Agriculture" (1 DU per acre) to the City's zoning designation ofR-l "One Family Dwelling District" (6.600 sq. Ft.). APPLICABLE LAW AND PUBLIC POLICY: The provisions of 166.041(3)(c) F.S. which states in part "Ordinances initiated by other than the municipality that change the actual Zoning Map designation of a parcel or parcels ofland shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c.F.S.]. 1 JANUARY 12, 1998 AGENDA ITEM C-4 Page 2 CONSIDERA TIONS: 1. The applicant has requested annexation into the City of296.96 acres prompting a small scale comprehensive plan amendment and rezoning. 2. The owner has requested the City provide water and sewer service. The City has the capacity and is willing to provide such service, providing the basis for development of the property on smaller lots than the county's 1 dwelling unit per acre minimum. It may be noted that McKinley's Mill subdivision nearby on the south side of S.R. 434 has a density of3 DU per a<:re and receives water service from the City. 3. The "Lower Density Residential" Future Land Use Map designation controls the number of units that will be allowed per acre irrespective of what the minimum lot size of the zoning designation indicates. [The applicant's proposed land use is compatible with the surrounding area which includes various residential subdivisions of similar density (1.1 to 3.5 DU per acre) ]. 4. The owner's purpose in requesting the R-l zoning designation for the property is to allow for a greater mix of lot and house sizes. 5. Applicant's requested R-l designation will not present a threat or nuisance to the wetland area, since the property will be developed utilizing the criteria of the Outstanding Florida Waters Program, a higher standard for stormwater regulation. These stipulations are in the Annexation/Development Agreement that will be presented to the City Commission. 6. Applicant's requested R-l designation will not present a threat or nuisance to the residential and commercial establishments on the south side along S.R. 434 between the beltway and the entranceway to the proposed Battle Ridge residential subdivision. The majority of those properties have the wetland of the Battle Ridge Property toward the rear of the properties. 7. Applicant's requested R-l designation will not present a threat or nuisance to the McKinley's Mill residential subdivision since the Battle Ridge Property, except for the entranceway, is set back to the north of S.R. 434 approximately 700+ feet. The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due to the extensive tree coverage between the beltway to the entranceway of the 2 JANUARY 12, 1998 AGENDA ITEM C-4 Page 3 Battle Ridge Property, no change in appearance is expected on the north side of S.R. 434 as viewed from any point of the McKinley's Mill subdivision along S.R. 434. 8. Since the Battle Ridge Property is set back 700+ feet from the north side of S:R. 434, and this area is heavily wooded, potential noise from the proposed R-l zoned subdivision should be virtually nonexistlmt. 9. The Sullivan Property, which extends from the north property line of Battle Ridge to Lake Jesup is completely covered by tree and shrub growth related to the wetlands which extend from Lake Jesup southward into the Battle Ridge Property. Therefore, there is no threat or nuisance potential to the Sullivan Property as a result of development of a subdivision at R-l zoning, utilizing the criteria of the Outstanding Florida Waters Progam, a higher standard for stormwater regulation on the Battle Ridge Property. 10. The properties that border the east property line of Battle Ridge (Carroll, Waver, Minter) are largely vacant, partially wooded with some residences and an old factory-type building along DeLeon Street. Therefore, there will be no nuisance to these properties as a result of development of a subdivision at R-l zoning, utilizing the criteria of the Outstanding Florida Waters Program, a higher standard for stormwater regulation on the Battle Ridge Property. 11. The properties that border the west property line of Battle Ridge (The Winter Park Land Company, Casscells Trustees) are completely vacant, with shrub and tree foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively separates the Battle Ridge Property from these properties. The extensive wetlands on the Battle Ridge Property separates these properties from the uplands area proposed to be developed by approximately 3,400 feet to the east. Therefore, there will be no nuisance to these properties. FINDINGS: 1. The applicant has requested annexation into the City of296.96 acres prompting a small scale comprehensive plan amendment and rezoning. 3 JANUARY 12, 1998 AGENDA ITEM C-4 Page 4 2. The owner"has requested the City provide water and sewer service. The City has the capacity and is willing to provide such service, providing the basis for development of the property on smaller lots than the county's 1 dwelling unit per acre minimum. It may be noted that McKinley's Mill subdivision nearby on the south side ofS.R. 434 has a density of3 DU per acre and receives water service from the City. 3. The "Lower Density Residential" Future Land Use Map designation controls the number of units that will be allowed per acre irrespective of what the minimum lot size of the zoning designation indicates. [The applicant's proposed land use is compatible with the surrounding area which includes various residential subdivisions of similar density (1.1 to 3.5 DU per acre) ]. 4. The owner's purpose in requesting the R-I zoning designation for the property is to allow for a greater mix of lot and house sizes. 5. Applicant's requested R-I designation will not present a threat or nuisance to the wetland area, since the property will be developed using the criteria of the Outstanding Florida Waters Program, a higher standard for stormwater regulation. These stipulations are in the Annexation/Development Agreement that will be. presented to the City Commission. 6. Applicant's requested R-l designation will not present a threat or nuisance to the residential and commercial establishments on the south side along S.R. 434 between the beltway and the entranceway to the proposed Battle Ridge residential subdivision. The majority of those properties have the wetlands of the Battle Ridge Property toward the rear of the properties. 7. Applicant's requested R-l designation will not present a threat or nuisance to the McKinley's Mill residential subdivision since the Battle Ridge Property, except for the entranceway, is set back to the north of S.R. 434 approximately 700+ feet. The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due to the extensive tree coverage between the beltway to the entranceway of the Battle Ridge Property, no change in appearance is expected on the north side of S.R. 434 as viewed from any point of the McKinley's Mill subdivision along S.R. 434. 4 JANUARY 12, 1998 AGENDA ITEM C-4 Page 5 8. Since the Battle Ridge Property is set back 700+ feet from the north side of S.R. 434, and this area is heavily wooded, potential noise from the proposed R-I zoned subdivision should be virtually nonexisttmt. 9. The Sullivan Property, which extends from the north property line of Battle Ridge to Lake Jesup is completely covered by tree and shrub growth related to the wetlands which extend from Lake Jesup southward into the Battle Ridge Property. Therefore, there is no threat or nuisance potential to the Sullivan Property as a result of development of a subdivision at R-l zoning, utilizing the criteria of the Outstanding Florida Waters Program, a higher standard for stormwater regulation on the Battle Ridge Property. 10. The properties that border the east property line of Battle Ridge (Carroll, Waver, Minter) are largely vacant, partially wooded with some residences and an old factory-type building along DeLeon Street. Therefore, there will be no nuisance to these properties as a result of development of a subdivision at R-l zoning, utilizing best development practices, and meeting a higher standard for stormwater regUlation on the Battle Ridge Property. 11. The properties that border the west property line of Battle Ridge (The Winter Park Land Company, Casscells Trustees) are completely vacant, with shrub and tree foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively separates the Battle Ridge Property from these properties. The extensive wetlands on the Battle Ridge Property separates these properties from the uplands area proposed to be developed by approximately 3,400 feet to the east. Therefore, there will be no nuisance to these properties RECOMMENDATION: Staff recommends adoption of Ordinance No. 696 to rezone the 296.96 acre Battle Ridge Property located on the east side of State Road 471 (aka "The GreeneWay) and on the north side of State Road 434, based on the findings indicated above. IMPLEMENTA TION SCHEDULE: The ordinance for rezoning of the Battle Ridge Property "shall become effective at the expiration of thirty (30) days after adoption or at any date specified therein." (in the ordinance) [per Section 4. 15(c) City Charter] 5 JANUARY 12,1998 AGENDA ITEM C-4 Page 6 ATTACHMENTS: 1. Ordinance No. 696. 2. Aerial Map. 3. Staff Report to the Planning & Zoning Board 4. Memo from City Manager to Mayor and Commission, dated January 6, 1998, concerning the Battle Ridge Annexation. COMMISSION ACTION: 6 ORDINANCE NO. 696 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING OF A CERTAIN PARCEL KNOWN AS THE "BATTLE RIDGE" PROPERTY AND MORE PART I CULARL Y DESCRIBED BELOW FROM COUNTY A-1 "AGRICULTURE" TO CITY R-1....0NE FAMILY DWELLING DISTRICT" ImRSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; 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 zoning designation from its present county designation of A-1 "Agriculture" to city designation R-1 "One Family Dwelling District" on the following real property situate in Winter Springs, Florida as a result of adoption of Ordinance 694 on January 26, 1998: THAT PORTION OF THE NORTH 1/2 OF SECTION 4 , THOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LYING EASTERLY OF THE "EASTERLY BELTWAY". LESS THAT PORTION OF THE SOUTH 25.00 FEET OF AFORESAID NORTH 1/2 OF SECTION 4, THAT EXTENDS 1354.9 FEET EASTERLY FROM THE WEST LINE OF SECTION 4. TOGETHER WITH THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NO~THEAST 1/4 OF THE SOUTHEAST 1/4 (LESS THE NORTH 25 FEET OF THE EAST 25 FEET) AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4. LESS THE RIGHT-OF- WAY FOR STATE ROAD NO. 434. CONTAINING 296.96 ACRES, MORE OR LESS. WHEREAS, the City commission for the city of winter springs, Florida has determined that the change of zoning designation of the above described property is consistent with the permitted residential land use nature of the previous county Future Land Use Map designation of "Suburban Estates" and with the new city designation of "Lower Density Residential" on the same property; NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the city of winter Springs, hereby changes the county zoning designation of A-1 "Agriculture" to the City's zoning designation of R-1 "One Family Dwelling District" on the following described property: THAT PORTION OF THE NORTH 1/2 OF SECTION 4 , THOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LYING EASTERLY OF THE "EASTERLY BELTWAY". LESS THAT PORTION OF THE SOUTH 25.00 FEET OF AFORESAID NORTH 1/2 OF SECTION 4, THAT EXTENDS 1354.9 FEET EASTERLY FROM THE WEST LINE OF SECTION 4. TOGETHER WITH THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 (LESS THE NORTH 25 FEET OF THE EAST 25 FEET) AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4. LESS THE RIGHT-OF- WAY FOR STATE ROAD NO. 434. CONTAINING 296.96 ACRES, MORE OR LESS. SECTION II - That the city Commission of the City of winter Springs has determined that the zoning designation of R-1 "One Family Dwelling District" would be compatible with the surrounding properties maintaining the residential character of the area towards the south, southeast and west of the subject property, and be consist.ent with the City's Comprehensive Plan future land use designation of "Lower Density Residential", and with the passage of this Ordinance the City commission does hereby amend the Official Zoning Map of the City of winter Springs, Florida, to include the subject property within the zoning designation of R-1 "One Family Dwelling District". SECTION III - 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. SECTION IV - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION V - This Ordinance shall take effect immediately adoption, in accordance with 166.041(3) (c) Florida Statutes. PASSED AND ADOPTED this 26th day of January, 1998. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING .1";--. CITY OF WI NTER SPRI NCiS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327.1800 Community Development PLANNING AND ZONING BOARD AGENDA Il'lEM: B. BATTLE RIDGE PROPERTY REZONING (REZ-1-98) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend to the City Commission the boundaries of the various original zoning districts. . .and any amendments thereto. . .act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning." I. BACKGROUND: APPLICANT: Battle Ridge Companies, Inc., (regional office: Lakeland, FL; home office: Charleston, West Virginia) OWNER: [ Same as applicant] REQUEST: For change of Zoning designation from Seminole County's designation of A-I "Agriculture" (1 DU per acre) to the City's designation ofR-l "One Family Dwelling District" (6.600 sq. Ft.). 1 PURPOSE: Applicant wants to develop a single family residential subdivision. PROPERTY: Location: On the east side of the S.R. 417 (aka "The GreeneWay") and north of the properties fronting of the north side of State Road 434. Legal Description: THAT PORTION OF THE NORTH !h OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LYING EASTERLY OF THE "EASTERLY BELTWAY". LESS THAT PORTION OF THE SOUTH 25.00 FEET OF AFORESAID NORTH !h OF SECTION 4, THAT EXTENDS 1354.9 FEET EASTERLY FROM THE WEST LINE OF SECTION 4. TOGETHER WITH THE NORTH !h OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 (LESS THE NORTH 25 FEET OF THE EAST 25 FEET) OF THE SOUTHEAST 1/4 OF AFORESAID SECTION 4. LESS THE RIGHT-OF-WAY FOR STATE ROAD NO. 434. CONTAINING 296.96 ACRES, MORE OR LESS. ACREAGE: 296.96 acres II. CONSIDERATIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPF:RTY: North: Vacant, heavily wooded area. Smnh: Small commercial and residential. East: Vacant and partially wooded area. ~: The eastern beltway (aka "The GreeneWay") 2 FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) "Suburban Estates" (max. I DU/acre) and "Conservation Overlay" Requested: N/ A FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: N2rth: Smuh: (County designation) R-IO (max. 1 DU/I0 acres) (County designation) "Commercial". East: (County designation) R-3 (max. 3 DU/acre) ~: (City designation) "Mixed Use" and "Conservation". ZONING OF SUBJECT PROPERTY: Existing: (County designation) A-I "Agriculture". Requested: (City designation) R-l "One Family Dwelling" District (min. 6,600 sq. ft. lot) ZONING ADJACENT TO SUBJECT PROPERTY: liQrth: (County designation) A-I0 "Rural Zoning" (max. 1 DU per 10 acres). South: (County designation) A-I "Agriculture". Further south, McKinley's Mill is zoned R-l (8,500 sq. ft. min. Lot and 80 lot width) w: (County designation) A-3 "Rural Zoning" (max. 1 DU per 3 acres). ~: (City designation) PUD. EXISTING DEVELOPMENT AND TRENDS IN THE AREA: Within one and one half(I.5) miles of the Battle Ridge Property are residential developments with a net density range of 3 to 4 DU/acre in the Cities of Oviedo and Winter Springs. Across the street from Battle Ridge "within the City of Oviedo is McKinley's Mill subdivision (1989) on the south side ofS.R. 434 and the Oviedo Oaks, Sweetwater Creek and Laurel Oaks residential subdivisions located on the east side of S.R. 434, south of Florida Avenue. The density of these subdivisions range from 2.8 to 3 3.9 DU/acre." [ref GreeneWay/S.R 434 Small Area Study Final Report] Therefore, an urban pattern of development exists of single-family residential. The area immediately surrounding the Battle Ridge Property is not characterized by social, economic and institutional activities which [are] largely based on agricultural uses or the extraction of natural resources in unprocessed form [ref 9J-5.0039 (117) FAC]. In the incorporated areas of Oviedo within a mile of Battle Ridge, the city has designated on its Future Land Use Map (PLUM) the majority ofthe!!e areas as "Low Density Residential" (1-3.5 DU/acre) for future residential development. [ Short Range Land Use Map and Map 1-3 "2000 Long Range Land Use" Comprehensive Plan City of Oviedo, Florida]. Therefore, a continuation of the existing urban pattern of development at the same density is planned for in the future as indicated on the City of Oviedo's Future Land Use Map in its Comprehensive Plan. Within one and one-half (1.5) miles of the Battle Ridge Property, in the City of Winter Springs is the Reserve at Tuscawilla (1994), Eagles Watch (1995), Howell Creek Reserve (1995), and the new Creeks Run (1997) subdivisions. These single family residential subdivisions were all built within the past three years. A Master Plan for a 276 DU multi- family and 61,700 sq. ft. gross floor area commercial site has been submitted to the City for Tuskawilla Parcel 1 C (at southwest comer of S.R. 434 and Vistawilla Drive). Plans have also been submitted for a Hess Gas Station at the southeast comer of S.R. 434 and Vistawilla Drive. There are indications that the Casscells Property (approx. 250 acres) from the northwest comer westward on S.R. 434 and the beltway will be developed within a few years as commercial complex primarily oriented to the traffic activity of the GreeneWay/S.R. 434 intersection. In view of the existing urban pattern of development as well as the proposed urban pattern of development, it can be seen that Battle Ridge represents not an intrusion of a higher density land use into a completely surrounding rural area but a continuation of the urban pattern of development from the west, south and southeast on S.R. 434. ill. REZON"lli"G ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA AND ISSUES wmCH STAFF ANALYZED IN REVIEWING TIllS APPLICATION. A. JUSTIFICA nON FOR REZONING: 1. The applicant has requested annexation into the City of296.96 acres prompting a small scale comprehensive plan amendment and re.zoning. 4 2. The owner has requested the City provide water and sewer service. The City has the capacity and is willing to provide such service, providing the basis for development of the property on smaller lots than the county's 1 dwelling unit per acre minimum. It may be noted that McKinley's Mill subdivision nearby on the south side ofS.R. 434 has a density of3 DU per acre and receives water service from the City. 3. The "Lower Density Residential" Future Land Use Map designation controls the number of units that will be allowed per acre irrespective of what the minimum lot size of the zoning designation indicates. [The applicant's proposed land use is compatible with the surrounding area which includes various residential subdivisions of similar density (1.1 to 3.5 DU per acre) ]. 4. The owner's purpose in requesting the R-l zoning designation for the property is to allow for a greater mix of lot and house sizes. B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDlNG LAND USES: NOTE: The applicant intends to deed over the area on the Battle Ridge Property that comprises wetlands. Therefore, the R-I designation will effectively apply only to the uplands in the southeast comer of the property. 1. Applicant's requested R-l designation will not present a threat or nuisance to the wetland area, since the property will be developed using "best development practices", and applicant has also agreed to meet a higher standard for stormwater regulation. These stipulations are in the AnnexationlDevelopment Agreement that will be presented to the City Commission. 2. Applicant's requested R-l designation will not present a threat or nuisance to the residential and commercial establishments on the south side along S.R. 434 between the beltway and the entranceway to the proposed Battle Ridge residential subdivision. The majority of those properties have the wetland of the Battle Ridge Property toward the rear of the properties. 3. Applicant's requested R-l designation will not present a threat or nuisance to the McKinley's Mill residential subdivision since the Battle Ridge Property, except for the entranceway, is set back to the north of S.R. 434 approximately 700+ feet. The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due to the extensive tree coverage between the beltway to the entranceway of the Battle Ridge Property, no change in appearance is expected on the north side of S.R. 434 as viewed from any point of the McKinley's Mill subdivision along S.R. 434. 5 4. Since the Battle Ridge Property is set back 700+ feet from the north side of S.R. 434, and this area is heavily wooded, potential noise from the proposed R-I zoned subdivision should be virtually nonexistent. 5. The Sullivan Property, which extends from the north property line of Battle Ridge to Lake Jesup is completely covered by tree and shrub growth related to the wetlands which extend from Lake Jesup southward into the Battle Ridge Property. Therefore, there is no threat or nuisance potential to the Sullivan Property as a result of development of a subdivision at R-l zoning, utilizing best development practices, and meeting a higher standard for stormwater regulation on the Battle Ridge Property. 6. The properties that border the east property line of Battle Ridge (Carroll, Waver, Minter) are largely vacant, partially wooded with some residences and an old factory-type building along DeLeon Street. Therefore, there will be no nuisance to these properties as a result of development of a subdivision at R-l zoning, utilizing best development practices, and meeting a higher standard for stormwater regulation on the Battle Ridge Property. 7. The properties that border the west property line of Battle Ridge (The Winter Park Land Company, Casscells Trustees) are completely vacant, with shrub and tree foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively separates the Battle Ridge Property from these properties. The extensive wetlands on the Battle Ridge Property separates these properties from the uplands area proposed to be developed by approximately 3,400 feet to the east. Therefore, there will be no nuisance to these properties. IV. EINDINGS: 1. The applicant has requested annexation into the City of296.96 acres prompting a small scale comprehensive plan amendment and rezoning. 2. The owner has requested the City provide water and sewer service. The City has the capacity and is willing to provide such service, providing the basis for development of the property on smaller lots than the county's 1 dwelling unit per acre minimum. It may be noted that McKinley's Mill subdivision nearby on the south side ofS.R. 434 has a density of3 DU per acre and receives water service from the City. 3. The "Lower Density Residential" Future Land Use Map designation controls the number of units that will be allowed per acre irrespective of what the minimum lot size of the zoning designation indicates. [The applicant's proposed land use is 6 compatible with the surrounding area which includes various residential subdivisions of similar density (1.1 to 3.5 DU per acre) ]. 4. The owner's purpose in requesting the R-l zoning designation for the property is to allow for a greater mix of lot and house sizes. 5. Applicant's requested R-l designation will not present a threat or nuisance to the wetland area, since the property will be developed using "best development practices", and applicant has also agreed to meet a higher standard for stormwater regulation. These stipulations are in the AnnexationlDevelopment Agreement that will be presented to the City Commission. 6. Applicant's requested R-l designation will not present a threat or nuisance to the residential and commercial establishments on the south side along S.R. 434 between the beltway and the entranceway to the proposed Battle Ridge residential subdivision. The majority of those properties have the wetlands of the Battle Ridge Property toward the rear of the properties. 7. Applicant's requested R-l designation will not present a threat or nuisance to the McKinley's Mill residential subdivision since the Battle Ridge Property, except for the entranceway, is set back to the north of S.R. 434 approximately 700+ feet. The entranceway will be approximately 1,000 feet east from McKinley's Mill. Due to the extensive tree coverage between the beltway to the entranceway of the Battle Ridge Property, no change in appearance is expected on the north side of S.R. 434 as viewed from any point of the McKinley's Mill subdivision along S.R. 434. 8. Since the Battle Ridge Property is set back 700+ f~:et from the north side of S.R. 434, and this area is heavily wooded, potential noise from the proposed R-I zoned subdivision should be virtually nonexistent. 9. The Sullivan Property, which extends from the north property line of Battle Ridge to Lake Jesup is completely covered by tree and shrub growth related to the wetlands which extend from Lake Jesup southward into the Battle Ridge Property. Therefore, there is no threat or nuisance potential to the Sullivan Property as a result of development of a subdivision at R-l zoning, utilizing best development practices, and meeting a higher standard for storm water regulation on the Battle Ridge Property. 10. The properties that border the east property line of Battle Ridge (Carroll, Waver, Minter) are largely vacant, partially wooded with some residences and an old factory-type building along DeLeon Street. Therefore, there will be no nuisance to these properties as a result of development of a subdivision at R-l zoning, utilizing 7 best development practices, and meeting a higher standard for stormwater regulation on the Battle Ridge Property. 11. The properties that border the west property line of Battle Ridge (The Winter Park Land Company, Casscells Trustees) are completely vacant, with shrub and tree foliage and a citrus grove. The beltway (S.R. 417 "The GreeneWay") effectively separates the Battle Ridge Property from these properties. The extensive wetlands on the Battle Ridge Property separates these prop(~rties from the uplands area proposed to be developed by approximately 3,400 feet to the east. Therefore, there will be no nuisance to these properties V. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend approval to the City Commission the request for rezoning by Battle Ridge Companies, Inc. of the 296.96 acres from county zoning designation A-I "Agriculture" to City zoning designation R-l "One Family Dwelling" District, based on the findings above. ATTACHMENTS: 1. Aerial View of property and immediately surrounding area. 8 MEMORANDUM To: Mayor and Commission From: Ron McLemore, City Manager !lWM Date: January 6, 1998 Re: Battle Ridge Annexation On February 26, 1996, the City Commission voted to forward the Battle Ridge, Carroll, Minter, and Weaver Large Scale Comprehensive Plan Amendments. At that time, I read into the public record a memo I had furnished to the Commission stating that I would not recommend adoption of the plan amendment unless I came to the conclusion that the annexation would be an asset to the community. In that memo, I requested the Commission to authorize me to set up an advisory committee made up of representatives from Seminole County Government, Oviedo City Government, McKinlHY Mill subdivision, Black Hammock, City staff, and the representatives of the property's owners, in order to receive input and to keep everyone up to date on the status of the comprehensive plan amendment. . Since that time, staff and I have been in continuous communication with D.C.A. staff and had several meetings with the advisory committee. Additionally, during this period the Carroll, Minter, and Weaver property owner's have not proceeded with their petition. After exhaustive review of this matter by D.C.A. and members of the advisory committee, I have concluded that the Battle Ridge Petition should be accepted for annexation under the following conditions. These conditions have been formulated to attempt to address the concerns of the various parties involved, and to ensure that the project will have a value added impact on the City of Winter Springs. The property owner has agreed to these conditions in the proposed development agreement, currently before you. a) The density of development shall not exceed 2.75 units per finished acre. b) The average appraised value of home sites including land and buildings will not be less that $180,000 per unit. c) That all environmentally sensitive lands will be dE~eded to a governmental entity for conservation purposes. d) That the water management system will conform to Florida Department of Environmental Protection Outstanding Waters Program standards. e) That access to the development will be exclusively from State Road 434, except for any provisions requested by the City for emergency secondary access. f) That the property owner will apply for and comply with requirements for a Florida Audobaun Development Certificate for the project. g) That there will be no negative impacts on any endangered plant or animal species. h) That water and sewer will be provided by the City of Winter Springs, and that septic tanks of any type will be expressly prohibited from within the development. i) Additionally, I am recommending that the City acknowledge that it has no current interest in annexing east along the north side of State Road 434 beyond the Urban Service Line established by thE:! county. Relatedly, I am recommending that the City agree that any further annexation in this direction would be based upon the county's agreE~ment to adjust the Urban Service Line to accommodate a future annexation, provided that the City of Oviedo agrees to the same conditions. j) Finally, I am acknowledging that water and sewer facilities for the project will not be oversized beyond minimum standards for the purpose of providing services to future annexed areas in the vicinity. Based upon these conditions I am confident that the project provides an adequate measure of protection of the chosen life style of the surrounding property owner's, provides extraordinary measure of protection of the Lake Jesup ecosystem, and is compatible with the economics and life style interest of the resident's of Winter Springs. In consideration of the record of this project, I am confident that this project meets all the requirements of the City's comprehensive plan, and that approval of this annexation and this development project and conditioned is in the over all best interest of the City.