HomeMy WebLinkAbout2008 09 04 Public Hearing 500 Request for Conditional Use to allow Public Service Facility in the R-C1 Zoning CategoryBOARD OF ADJUSTMENT
AGENDA
ITEM 500
September 4. 2008
Meeting
Consent
Informational
Public Hearing X
Regular
REQUEST: The Community Development Department- Planning Division presents to the
Board of Adjustment (BOA) a request for a conditional use to allow a public service facility in
the R-C1 (Single Family Dwelling District) zoning category, pursuant to Section 20-143 and
Section 20-33 of the City Code of Ordinances.
PURPOSE: The purpose of this agenda item is to consider the request of the St. Johns River
Water Management District (SJRWMD) to construct a stormwater management facility in the R-
C' 1 Single Family Dwelling District zoning category to reduce nutrient loading to Lake Jesup and
to reduce flooding in the area associated with the Solary Canal.
FUTURE LAND USE & ZONING DESIGNATION:
Future Land Use Designation: `Public/Semi-Public'
Existing Zoning District: (Seminole Co) `A-3 Agricultural' zoning category
Proposed Zoning District: (Winter Springs) `R-Cl Single Family Dwelling District'
with a Conditional Use Permit for public facility use
APPLICABLE CODE:
Sec.20-33. Procedures.
(a) Any real property owner may file a conditional use application requesting a conditional use
of their real property providing the conditional use is listed in the applicable zoning district
category.
(b) The board of adjustment shall be required to review all conditional use applications and
make a written recommendation to the city commission. Such recommendation shall include the
reasons for the board's recommendation and show the board has considered the applicable
conditional use criteria set forth in this section...
September 4, 2008
Public Hearing Item 500
Page 2
(d) All conditional use recommendations and final decisions shall be based on the following
criteria to the extent applicable. (Criteria are included below under "Findings").
Sec. 20-82. Duties and powers eneral.
(3) To review and make recommendations to the city commission on any application for
conditional use, as provided in this chapter. ,
Sec. 20-143. Conditional Uses.
(c) Public recreational areas and facilities.
CHRONOLOGY:
Nov. 27, 2000- Annexation of Subject Property (Ordinance 2000-40). Seminole .County and the City of
Oviedo formally objected to the annexation. Rezoning was never adopted.
January 2005- Purchase of Property by SJRWMD from Tom Minter for the purpose of constructing a
stormwater management facility in the R-C 1 Single Family Dwelling District
zoning category to reduce nutrient loading to Lake Jesup and to reduce flooding in the
area associated with the Solary Canal.
Sept. 10, 2007- Adoption of Ordinance 2007-06 changing the FLUM designation from(Seminole County)
Rural-3 to (Winter Springs) Public/Semi-Public
dug. 11, 2008- Rezoning Application received requesting rezoning from (Seminole County) A-3 to
(Winter Springs) R-C1
dug. 13, 2008- Conditional Use Application received requesting development of the property as a
stormwater management facility under the `R-C1' zoning.
Aup. 14, 2008- Adjacent property owners within 150' notified by regular mail of Public Hearings
Aug. 19, 2008- Staff Review.
Auk;. 21, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing for Rezoning
Sept. 3, 2008- P&Z to hold Public Hearing and make recommendation re: Ord. 2008-12
Sept. 4, 2008- BOA to hold Public Hearing and make recommendation re: Conditional Use request
CONSIDERATIONS:
7'he 28.9 acre undeveloped site is located on the south west corner of DeLeon and Howard at the
edge of the City's jurisdiction and is bordered on the east (DeLeon Street) by the City's
annexation boundary, established in 2006. The subject property is also bordered on the north
and east by the Seminole Rural Area Boundary.
7'he `R-Cl' zoning district is the City's least intensive zoning category. Adjacent properties to
the south (within the City's jurisdictional boundary) are also zoned `R-C1'.
Section 20-142 of the City Code lists the permitted uses for the R-C1 zoning district, which
includes:
(1) Single family dwellings and their customary accessory uses.
(2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10)
animals per lot; provided however, horses and ponies can be permitted on less than three-
fourths of an acre upon recommendation by the board of adjustment.
Section 20-143 lists the uses that are permitted in the R-Cl zoning district only as a conditional
use. These include:
September 4, 2008
Public Hearing Item 500
Page 3
(1) Churches;
(2) Schools;
(3) Public recreational areas and facilities.
'The City does not have a zoning district exclusively for "public facilities". Due to unique
challenges that exist with regard to planning for the location of facilities related to public
services, the City historically has allowed "public facilities" in all zoning districts of the City as
either a permitted or conditional use, except for the `T-1 Trailer Home District' and the `R-T
Mobile Home Park District'. Therefore, "public facilities" are dispersed throughout the City in
almost every zoning district.
The Applicant (SJRWMD) is seeking a conditional use for the property to allow it to be
developed as a regional stormwater management facility to reduce nutrient loading to Lake Jesup
and to reduce flooding in the area associated with the Solary Canal. One of the objectives of
SJRWMD's Middle St. Johns River Basin Surface Water Improvement and Management Plan is
to improve the water quality in the Lake Jesup Basin through retrofit projects.
T'he Solary Canal has a drainage area of about 1,639 acres which drains northward into Lake
Jesup. T'he water quality in Lake Jesup has deteriorated for a number of reasons. SJRWMD is
partnering with Seminole County to implement a water quality improvement project that will
treat stormwater that is flowing through the Solary Canal. Currently, no treatment exists in the
Solary Canal sub-basin.
T'he Conditional Use request is consistent with the property's future land use designation of
"Public/Semi-Public" with "Conservation Overlay" on those affected areas.
September 4, 2008
Public Hearing Item 500
Page 4
:FINDINGS:
Pursuant to Section 20-33(d) of the City Code, "all conditional use recommendations and final
decisions shall be based on the following criteria to the extent applicable:
(1) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-
generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not
adversely impact land use activities in the immediate vicinity."
'Che proposed rezoning is not out of scale or incompatible with the needs of the neighborhood or
the city, as the proposed rezoning, RC-1 is the least intensive zoning classification in Winter
Springs and the proposed use of the site as a stotrnwater treatment facility is compatible with the
surrounding rural Black Hammock area. The Solary Canal treatment project will improve the
quality of water discharging to Lake Jesup and will provide a passive recreation for the area.
(b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal
circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the
conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening,
buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against
potential adverse impacts of the proposed use."
The SJRWMD's use of the site for stormwater management will act as a transition from the more
intensive Winter Springs' residential uses to the rural Black Hammock area. The project
consists of a by-pass weir, stormwater treatment pool, and treatment wetlands for the water
quality treatment and flood attenuation of the Solary Canal and will use approximately 17 acres
of the 28.9-acre site. No vertical structures are proposed. The development of the property as a
stormwater management facility is expected to generate only a negligible amount of traffic.
Scrutiny of the proposed site plan during site plan review will ensure that the plan sufficiently
addresses access, internal circulation, buffers, and design enhancements.
(c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal
impact, employment, and property values."
The Solary Canal Treatment Area project will reduce nutrient loading to Lake Jesup and will
reduce flooding in the area associated with the Solary Canal, improving property values of the
region as well as the immediate area.
(d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and
noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards."
The Solary Canal Treatment Area project will reduce nutrient loading to Lake Jesup and will
reduce flooding in the area associated with the Solary Canal, improving the environment of the
Lake. Additionally, the project will preserve the open space character of the subject property
and will preserve most of the massive live oak trees existing on the east side of the property.
(e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including
views and vistas, and loss or degradation of cultural and historic resources."
L)ue to the site's proximity to Lake Jesup, there is a moderate possibility of archaeological
resources existing on the site. The Applicant will be required as part of the site plan approval
process to submit a Resource Survey to ensure that no archaeological and/ historic structures
exist on the site, or to ensure that if they do exist, that they are considered in the site plan.
September 4, 2008
Public Hearing Item 500
Page 5
(f) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water
management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle
and pedestrian facilities."
'The proposed use will have a positive impact on public services especially surface water
management and open space preservation.
(g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of
housing unit types and prices, and neighborhood quality."
The development will have no adverse impacts on housing, neighborhood quality or social
conditions.
RECOMMENDATION:
Staff recommends that the BOA recommend approval of the conditional use request to allow a
public service facility at 1900 DeLeon Street within the R-C 1 zoning district, pursuant to sections
20-143 and 20-33 of the City's Zoning Code.
ATTACHMENTS:
A -Location Map
B -Application Package
BOARD OF ADJUSTMENT ACTION:
ATTACHMENTA
Location Map
Subject
Property
DELB®N 5T.
....
s.
Parcel #s 8 Lepal Descriptions:
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT
& S 564.64 FT OF W 659.60 FT & RDS)
03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW
1 /4
ATTACHMENT B
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
BOARD OF ADJUSTMENT APPLICATION
CONDITIONAL USE /SPECIAL EXCEPTION
^ VARIANCE
^ WAIVER
APPLICANT: St. Johns River water Management District (SJRWMD)
MAILING ADDRESS: C/O Regina Lovings Morse, P.O. Box 1429, Palatka 32178-1429
PHONE & EMAIL (386) 329 4819 (Regina Lovings Morse)
If Applicant does NOT own the property: Not Applicable
PROPERTY OWNER:
MAILING ADDRESS:
PHONE & EMAIL
Last First Middle
City State Zip Code
This request is for the real property described below:
PROPERTY ADDRESS: 1900 De Leon Street, Oviedo 32765
TAX PARCEL NUMBER: 03-21-31-300-0080-0000 and 03-21-300-008E-0000
SIZE OF PARCEL: 28.9 Acres
EXISTING LAND USE: Public Lan
Current FUTURE LAND USE Classification: (Winter Springs) Public/Semi-Public & Conservations
Overlay on those applicable areas
Current ZONING Classification: (Seminole County) Rural-3
Please state YOUR REQUEST: The primary objective of this project is to deve/op a regiono/
stormwater treotment areo thot will provide voter quality treatment to runoff through
the Solory Cana/. The Solory Canol project wil/use approximately 17 of the 28.9 acre
March 2(~5
site. One of the objectives outlined in STRWMD's Middle 51: Johns River Basin Surface
Water Improvement and Management Plan, is to improve water qua/ity in the Lake
Jesup Basin through retrofit projects Currently no treatment exists in the Solary
Canal sub-basin. This project will reduce flooding and provide for a water quolity
retrofit in an area of mixed residential land uses Flood reduction benefits include the
reduction of street and yard flooding and bank overtopping for the 25-yeor design
storm event. The Solary Canal project is in the final design development phose.
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of--way. All APPLICANTS shall be afforded minimal
due process as required bylaw, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All forma] decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
~ A copy of the most recent SURVEY of the subject property.
~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
~ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
~ JUSTIFICATION for the Request (See Attached List)
~ NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
~ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
~+ APPLICATION FEES:
2
March 2005
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development.
CONDITIONAL USE /SPECIAL EXCEPTION
WAIVER
VARIANCE
$ 500
$ 500
$ 500
TOTAL DUE S 500
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
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FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment consideration:
Signature of
Sworn to and subscribed before me this
1~~ day of August
_~ Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
St ~-
20~. Note tblic
My ommissio xpires:
~Cu.~ eta r `~ \\
fir. Notary Public Slate of Fbrida
+Q~~ Kimberly Crews Player
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*++*****+*+***~+++***+++***•+*t*+*+**++**++*+w+*+t*++*+*+*+*+s*++**+***+i+*+*~+*v*+*+a
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I,
do hereby, with my notarized signature, allow
to represent me in this Application related to my property. The
property is identified as: Tax Parcel Number(s)
Located at
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20
Notary Public
My Commission expires:
Murk ZD(>5
CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code of Ordinances, Section 20-33(d):
All Conditional Use recommendations and final decisions shall be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
^ What is the Conditional Use you are requesting. A conditional use permit
allows construction of a storm water treatment project on this parcel located in a
mixed residential Innd use area.
^ How is the Conditional Use (including its proposed scale and intensity, traffic-
generating characteristics, and offsite impacts) compatible and harmonious with
adjacent land uses? The Solnry Cnna) Stormwnter Treatment Project allows
community access to passive recreational use such as jogging and walking through
the open pond and created wetland project design. Public access to the 29-acre
site creates minimal traffic impacts. Off site, impacts are non-existent. There is
no Innd development associated with this project.
O Will the Conditional Use adversely impact land use activities in the immediate
vicinity? If no, why not? Lnnd uses in the drainage area consist of residential,
commercial industrial, agriculture, wetlands and uplands. Construction of the
stormwater treatment project provides no adverse impact to land use activities in
the immediate vicinity of the project. The improved water quality and reduced
flooding in the Wren will improve adjacent land uses, such agricultural and wetlands
use.
^ Demonstrate how the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are adequate to accommodate
the proposed scale and intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off-street parking, and other similar site plan
improvements needed to mitigate against potential adverse impacts of the
proposed use. The project design occupies the western portion of the parcel
separated from Howard Avenue and De Leon Street by a pasture and the Solnry
Cnnnl. The project is nn off-line system made up of a wet pond and created wetland
connected in series. All the canal normal base flow and a large fraction of the
storm flow bypass the pond over a diversion weir and continue through Solnry Canal.
The wet pond and wetland system provide over 67-acre-feet of storage.
The site accommodates 29 acres and sufficient parking will be available on the
March 2005
eastern portion of the site.
^ Will the proposed use have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no,
why not? The Solary Canal Project odds public open space to the area enhancing
property values. The local economy is impacted positively with the improved water
quality discharging to Lake Jesup thereby improving aquatic habitat. There is no
adverse impact on employment or governmental fiscal issues.
^ Will the proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood hazards? If no, why not? The Solary
Cnnnl Project enhances the natural environment, specifically reduction of
phosphorus and suspended solids loading from the Solary Canal prior to discharging
to Lake Jesup. The wet pond and created wetland provides additional basin
storage, reducing flood levels. Flood reduction benefits include the reduction of
street and yard flooding and bank overtopping for the 25-year design storm event.
^ Will the proposed use have an adverse impact on historic, scenic and cultural
resources, including views and vistas, and loss or degradation of cultural and
historic resources? If no, why not? The Solary Canal project protects and
enhances the historic, scenic ,views and vistas in the Black Hammock area. Instead
of large residential developments near the lake shore, this project improves and
protects the environmental resources in the area.
^ Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not? This project will in no way have an adverse impact on
public services. The improvements to water, surface water management and more
access to open spaces and bicycle and pedestrian use, specifically are the results of
constructing the Solary Canal Treatment Project,
^ Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and
neighborhood quality? If no, why not? The project provides additional open space
and environmental protection of water and natural habitat thereby improving the
quality of the neighborhood.
March 2005