HomeMy WebLinkAbout1989 05 17 Regular
17 '-I<:'IY l'3D'J
Planning and Zoning Board Report to the City Commission on Rezoning
and/or Changing Land Use Designations in Tuscawilla.
1. This report is in response to the City CommissionYs direction to
tf1f.~ P ~~ Z BO,':l.r-d to" [let togethf?r with thf.~ city staff for thE~ pUrpOSI?
of specifically reviewing the Tuscawilla Planned Unit Development
zoning and whether it would be better to make it residential R-1AAA
and/or reviewing all land use designations in the Planned Unit
Development or having any other issues associated with the propereties
th,:,\t <.,\I~t2 in thi'? intf?re!"it<"j of thf2 public rE!solvf.;.>d".
-. The P&Z Board has had several workshops with the City Staff, in
addition we have had a public hearing plus a regular meeting of the
P&Z Board in order to come up with our report and recommendations on
this matter. As you are probably well aware this has been a
particularly knotty problem. While the board has been unanimous in
arriving at its recommendations relative to rezoning the Tuscawilla
PUD there has not been unanimity in its recommendations as to land use
designation changes for the undeveloped portions of the PUD.
3. The Board has examined: (A), The possibility of rezoning the PUD to
P-1AAA and/or any of the other present zoning districts in the City
Code; (B), The possibility of creating new zoning districts to
3ccomodatt:;> tho!"if.;> l'.f'.!sidf,~ntial unitf_:; of thf..~ PUD that do not rf.~cH:;onably
fall within the existing zoning districts~ (C), the possibility of
rezoning only the undeveloped portions of the PUD, and (D), In view of
the allegations that tMe PUD has not protected the PUD homeowners as
well as if they had been in the more conventional zoning districts,
the Board has reviewed the City Code to determine the correctness of
!::;uc h '"i tat t2mpn t '::i.
A. With the possible exception of Bear Creek, none of the units of
the Tuscawilla PUD fit within the lot size, front, rear or side
set-back, or building line width requirements of the R-1AAA zoning
district. To assign R-1AAA zoning to Tuscawilla would require about
150 variances to the City Code. Similarly to assign R-1AA would
1'- (-:~q u il"- E1 a 1 mo!:; t 100 v"u- i an c ("~s an d F;':--l,~\ WCILl1 d r (;?q u i r t'~ c:\b ou t ~;eVI;;:-n t y five
variances. The number of variances required are for units as a whole
and not foy individual homes.
8. Examination of the of the physical characteristics of the
residential units presently existing in the various sections of the
Tu~::;cdw:i lla PUD ~5f'10"'J~:; that if WE! should kE~E~p thE1 nUIIlI::H:!Y' of variancE15
granted per section to one~ or in some cases two, that it would
require about fifteen new zoning districts to properly describe the
types~ densities and other characteristics of those units.
C. Review of the possibility of rezoning only the undeveloped
portions of the PUD, does not reveal a gain of any kind to be achieved
by tfle residents of the PUD or by the City. Conversely there would be
a loss of control by the Tuscawilla HomeOwners Association of land in
t h ',.:' ill :i. cI d 1 t::' () f t h f' it.' dE1vE11 ()p mt::'n t an d t h t? I f.-:~q ,;;\ 1 p 1" cob 1 t~m,,5 SUI:: h Y' E~:.~ on :i. n q
would cause could be monstrous.
D. Examination of the City Code to compare the kinds and amounts
of protections given to home owners in all the residential zoning
districts presently described, reveals that there are no protections,
covenants, requirements, etc. for other zoning districts that are not
also available to residents of a PUD. As a matter of fact the
requirements of Article XIV, Part A, relating to PUD Zoning, are much
more restrictive as to the kinds of development allowed and the need
for any new development to be complimentary and compatible to abutting
d E'~ VB 1 op inE'rlt ~::; .
E. It is therefor the recommendation of the P&Z Board that the
Tuscawilla PUD not be broken up into any of the existing residential
zoning districts prescribed by the City Code, nor to new zoning
districts. It is the recommendation that the Tuscawilla PUD retain the
PUD zoning designation.
4. The Board has examined in depth the presently undeveloped land in
the PUD to see if the changes that have occurred over time indicate a
better use of than originally planned for those lands.
A. The land at the eastern end of Winter Springs Blvd., bounded on
the north by Unit 14, on the east by the city of Oviedo, on the south
by the proposed Duda Commercial development and on the west by Bear
Creek is presently designated for commercial development. It is felt
by the Board that the best use of this land is going to depend to a
great deal on the Duda development plans. The recommendation of the
Board therefor is in the form of alternatives.
(1.). If thE! Duda connf':!ction is to Winter Springs Blvd. within
our city limits, Winter Springs Blvd. should be blocked at the bridge
over Dear CYeek and the land use remain as commercial.
(2). If the Duda .:c.nne.:tic.n is to:. Winter f.3prinqs Blvd. within
the limits of Oviedo:., Winter Springs Blvd. sho:.uld end at the Seneca
intersection and the land use changed to residential.
(3). If the Duda development does no:.t connect on to Winter
Springs Blvd. then the land use should remain as commercial.
(4). If the 1.::lIld u!::;e desigantion n:"'main~;; "cc.mmercial" the
types of commercial development allowed should be that which is open
only during normal workinq hours, is not a source for noise, night
lights or provide a place for undesireable co:.ngregating.
B. It 1S the opinio:.n of the Board that the undeveloped land in the
so--call(;:d "comIM~rcial ':I:lr~~" which is prf.~~;l:mtly thc~ sLlbjl:~ct ,;:.f UH'~
VE!':;b?d rights discu~::;sion, bf?cau!::;c~ of chanoes to UH~ PUD that haVE!
occurred over time, is no longer appropriate for commercial
development and indeed has little, if any, viable future as such. The
Board recommends the following:
- .
(1). That part of the land bounded on the west and northwest
by Northern Way, on the south and southeast by Winter Springs Blvd.
and on the northeast by the FP&L right of way, less the existing fire
station, telephone company, office, day care, 7-11 and sales office.
be redesignated to multi-family with a density no greater than ten
uni t~:; per acrL~.
(2). That part of the land bounded by Northern Way, the FP&L
right of way, Winter Springs Blvd. and Georgetown be redesignated
multi-family with a density no greater than seven units per acre.
C. The Board recommends that the land presently designated for
apartments, bounded on the west by the perimeter of the PUD, on the
north by S.R. 434, on the east by Howell Creek and on the south by the
railroad tracks, remain as designated for apartments.
D. It is the opinion of the Board that the land use designation of
"<::.;inglf:'.-f<.':lmily" pY'f.:!sF.~ntly <::\ssiignE!d to Un:i.t 1~:; i~:; no lonqey' <:1ppt"oPt":i.<:;\t;F~
to the entire Unit. The eastern boundary of this unit is not only
close to the proposed beltway and the beltway intersection with S.R.
434, but it also abuts land already designated commercial and which
will probably, because of its proximity to the aforementioned
intersection, have a quite intense commercial development. Similarly
S.R. 434 is to be widened to four lanes and is anticipated to be a
heavily trafficked thorouqhfare. It is the recommendation of the Board
that the land use designation of Unit 15 along S.R. 434 extending to
the south for a distance no greater than 500 feet be redesignated to
"commE'rcial". Thf..:\ Y'F~mainclf..:\r of Unit 15 to bE' red!-:'!s;i(~ln<.:\tE~d Y'E~~~.;id(-?ntial
with a mixture of low density multi-family and single family and the
multi-gamily providing a buffer between the commercial and
single-family areas.
5. Just as the Board did not have unanimity in its recommendations as
to the best land use for the undeveloped areas of the PUD, it is
recognized that there will not be whole-hearted acceptance of all the
Board's recommendations by any individual or organization. The
recommendations are however the solutions agreed to by the majority of
t fl(~ 800':'1.1" d.
PE\~:,pE~ct fully
Ci(~11 ('? Dor man
Ch<:1i Y'rTl<.1n