HomeMy WebLinkAbout1997 01 02 Other Item A
CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
LOCAL PLANNING AGENCY AGENDA ITEM:
II. A.
NEW BUSINESS
SANLANDO (BUTTON)
AMENDMENT
SMALL SCALE COMPREHENSIVE PLAN
STAFF REPORT:
In accordance with the requirements of l63.3l87(c) Florida
statutes, presented below is a proposed change to the Future Land
Use Map of the City's Comprehensive Plan.
SM-CPA-l-97
SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
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 Seminole
County'S "Suburban Estates" (max 1 DU/acre) to the City's
"Lower Density Residential" (1.1 - 3.5 DU/acre).
PURPOSE:
Applicant states "To bring the property into the City for
water and sewer and to develop a single family residential
subdivision of R1A lots."
PROPERTY:
Location: At the southwest intersection of Orange Ave. and
Tuskawilla Road bordering the north property line of the
Winter Springs High School land.
Leaal Description: Lot 18 less the North 288 feet of the West
190 feet of Lot 18, plus Lot l8A 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:
9.9 acres
PARCEL NUMBER:
26-20-30-SAR-OBOO-0180
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant lot, former orchard grove.
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
North of Orange Ave., residential on long lots
running from Orange Ave. to Lake Jesup. These
lots are acre+ in size.
South:
Winter Springs High School property (retention
basin and wooded area immediately south of
subject property.
East:
Former orchard and a wooded area on east srde
of Tuskawilla Road. To the northeast,
st. Johns Landing residential subdivision
proposed with 1.47 DU/acre (31 units).
West:
Vacant, partially wooded area with three
residential units sharing a common drive.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existinq:
(County designation) "Suburban Estates"
(max 1 DU/acre)
Requested:
(City designation) "Lower Density Residential"
(1.1 to 3.5 DU/acre)
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(County designation) "Low Density Residential"
[max 4 DU/acre] and "Conservation".
South:
(City designation) "Public Buildings" (per the
High School property) over the majority of the
property and "Mixed Use" immediately south of
the Button Property.
~:
(City designation) "Medium
Residential" [6.6 to 9.0 -DU / acre] .
Density
West:
(City designation) "Mixed Use".
ZONING OF SUBJECT PROPERTY:
Existinq:
A-l "Agriculture" (County designation)
Requested:
R-IA "One Family Dwelling District" (with
8,000 sq. ft. minimum lot size).
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County
Dwelling
size) .
designation) R-l "Single Family
district" (8,400 sq. ft. minimum lot
South:
(City designation)
Commercial".
C-l
"Neighborhood
East:
(City designation) PUD.
West:
(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-l "Single Family Dwelling" District (with
minimum 1 acre lot size) substitutes in place
of R-U.
CHRONOLOGY OF SUBJECT PROPERTY:
City Commission voted to approve the annexation of the 9.9
acre subject property on first reading of Ordinance 631 at its
regular meeting on December 9, 1996. The second reading and
public hearing on the ordinance is scheduled to be held on
January 13, 1997.
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3174(4) Florida statutes which states
"Be the agency (Local Planning Agency) responsible for the
preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the
adoption or amendment of such plan. During the preparation of
the plan or plan amendment and prior to any recommendation to
the governing body, "the Local Planning Agency shall hold at
least one public hearing, with public notice, on the proposed
plan or plan amendment."
The provisions of Sec. 20-57 of the Code of Ordinances of the
City of Winter Springs which state in part ". . .the planning
and Zoning Board shall serve as the local land planning agency
pursuant to the county comprehensive planning act and the
lo.cal government comprehensive planning act of the state.. "
The provisions of 163.3187 Florida Statutes which state in
part "Small scale development amendments adopted pursuant to
paragraph (1) (c) require only one pUblic hearing before the
governing board, which shall be an adoption hearing. . .Small
scale development amendments shall not become effective until
31 days after adoption."
The City has expressed an interest in annexation in the past
(ref. 8-14-95 City Commission meeting).
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
the east side.
the north side.
right-of-way abuts this property on
Orange Ave. abuts this property on
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 adjacent 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 (includinq
acquisition) alreadv proqrammed or
result of the proposed amendment.
The roadway into tge 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.
riqht-of-wav
needed as' a
2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities servinq the site.
None-;--
b. Improvements/expansions needed as a result of
proposed amendment:
On the High School pro~erty 800 feet from
Tuscawilla Road there ~s a potable water
distribution line from which a future residential
subdivision would tap into for service. Developer
would lay all water lines within the development
and tap into the trunk line within the easement.
SANITARY SEWER:
a. Facilities servinq the site:
None
b. Improvements/exPansions needed as a result 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 within the
development and tap into the collector line within
the easement.
RE-USE WATER SYSTEM
a. Facilities servinq the site:
None.-
b. Improvements/expansions needed as a result of
proposed amendment:
There is a re-use water distribution line that is
located on Orange Ave. at Central Winds Park. The
utilities/public Works Department indicates that
the subje~t 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. 9-24r-CttY-C-o-d'e-re-quirements. 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
defini ti ve 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 OSE COMPATIBILITY:
a. Soils. topoqraphv. flood prone areas.
The soils on this property are: Basinger and Delray fine
sands and EauGallie and Immokalee fine sands. Concerning
the Basinger and Delray fine sands, the soils in this map
unit are nearly level and poorly drained and very poorly
drained. Basinger soil is poorly drained and Delray soil
is very poorly drained. These soils are in sloughs and
poorly defined drainageways. The slopes are dominantly
less than 2%. The soils in this map unit are poorly
suited to use for homesites and other urban development.
The main limitation is wetness. To overcome wetness, a
water control system is needed to provide for subsurface
drainage and to remove excess surface water. Fill
material should be added to make these soils suitable for
most urban uses. Concerning the EauGallie and Immokalee
fine sands, the soils in this map unit are nearly level
and poorly drained. These soils are on broad plains on
the flatwoods. The slopes are dominantly less than 2%.
The soils in this map unit have a seasonal high water
table within 12 inches of the surface for 1 to 4 months
during most years. The soils in this map unit are poorly
suited to use for sanitary facilities, building sites, or
recreational development. The main limitations are
seepage and wetness. Water control, including drainage
outlets, is needed to overcome wetness. Fill material
should be added to make these soils suitable for most
urban use. If the density of housing is moderate or
high, a community sewage system may be needed to prevent
contamination of water supplies by seepage.
The subject parcel is not in a wetlands area as indicated
in Figure F-8 of the City's Comprehensive Plan. . An
isolated Bayhead wetland immediately south of the subject
property (on the high school property) has been altered
to form a retention basin for stormwater runoff from the
high school. A review of the FEMA National Flood
Insurance Program Rate Map (12ll7C0135-E; April, 1995)
indicates the subject parcel is not within the 100 year
flood prone area.
b. Natural resources. historic resources.
No natural or historic resources have been found.
c. Wildlife and Species desiqnated as Endanqered. Threatened
or Spe~~al Concern.
No federally listed endangered plants are known to exist
in the county. since little is known about the actual
species occurring within the City, it is essential that
surveys of such species be completed prior to site
development of parcels containing native vegetation. The
subject parcel does not have native vegetation
communities due to clearing for an orchard grove.
d. Nuisance potential of proposed use to surroundinq land
~.
The proposed land use change from "Suburban Estate" to
"Lower Density Residential" should not negatively impact.
adjacent land uses. The county designates land that is
not or will not be serviced by water and sewer service as
"Suburban Estates", "Rural-3", Rural-5" and Rural-10" on
its Future Land Use Map. The subject parcel is' not
within the county service area for extension of water and
sewer service.
The subject parcel is directly bordered on the north by
the right-of-way of Orange Ave. and long lot residential
and vacant land to the north of that. Adjacent to the
subject property, to the east is Tuscawilla Road and each
of that is wooded land and former orchard. To the south
is the Winter" Springs High School property with the
retention basin directly south of the subject property.
To the west is an orchard and wooded land.
There should be no nuisance to surrounding prope~ties as
a result of the property being used in the future for a
single family residential subdivision as proposed by the
applicant at the land use designation of "Lower Density
Residential" (1.1 to 3.5 units per acre). The 21.15 acre
parcel being developed (known as St. Johns Landing) to
the northeast of the intersection of Orange Ave. and
Tuscawilla Road will be developed at 1.47 dwelling units
per acre. That development will have 31 houses.
Residential subdivisions typically have 22% of the land
devoted to streets, stormwater retention facilities, etc.
The subject property, under the reqested "Lower Density
Residnetial" designation could potentially have 27
houses.
C. ECONOMIC DEVELOPMENT:
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-.5.02l F.A.C.]
The subject parcel is scheduled to be annexed into the City on
January 13, 1997 when the second reading and public hearing on
proposed ordinance 631 occurs. The proposed small scale
comprehensive plan amendment prompted by the annexation
changing the county designation of residential "Suburban
Estates" to the City designation of residential "Lower
Density" is compatible with the surrounding residential land
uses to the north and northeast. The proposed density range
of 1.1 to 3.5 DUjacre is compatible with the new St. Johns
Landing residential subdivision to the northeast.
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 the City's Future Land
Use designation of "Lower Density Residential" on
the subject property would be compatible with the
surrounding existing land uses of residential and
vacant land and with the county's surrounding
Future Land Use designations of "Suburban Estates"
residential and "Low Density Residential".
2. The new st. Johns Landing single family residential
subdivision to the north~ast (inside the City) will
be at the same density range as the applicant's
request of 1.1 to 3.5 DUjacre.
3. The applicant's request for the City's Future Land
Use Map designation of "Low Density Residential"
(1.1 to 3.5 DU/acre) is compatible with the
county's Future Land Use designation of "Low
Density Residential" (maximum 4 DUjacre). The
parcels designated county "Low Density Residential"
are located immediately north of the subject
property on the north side of Orange Ave.
B. ENVIRONMENTAL:
1. There are no wetlands located on the subject
property as indicated in Figure F-8 of the city's
Comprehensive Plan and an on-site inspection.
2. The subj ect property is not wi thin the 100 year
flood prone area as indicated on FEMA National
Flood Insurance__program_Rate_Map_ (12ll7C0135-E;
April, 1995).
c. NUISANCE POTENTIAL:
No significant nuisance should result from the proposed
residential development of the applicant.
D. PUBLIC FACILITIES:
1.
The subj ect
service area
service.
property is not within
for extension of sewer
the county
and water
2. The subject property is within the City's service
area for extension of sewer and water service.
3. The city is able to extend to the subject property
the urban services it provides to the areas of the
City.
E. ANNEXATION:
1. The City has expressed an interest in annexation in
the past (ref. 8-14-95 City Commission meeting).
2. The subject property is within the Joint Planning
Area Map for the City of winter Springs discussed
and agreed upon with the county planning staff and
presented to the City Commission with their consent
on 8-14-95.
IV. STAFF RECOMMENDATION:
staff recommends that the Local Planning Agency recommend approval
to the City Commission the request by Doug Maise of Sanlando Land,
Inc. for a change of county Future Land Use designation from
"Suburban Estates" to "Lower Density Residential" .on the subject
property based on the findings indicated above.
L A K E
J E SUI'
SMALL SCALE AMENDMENT
PARCEL
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,. ::--e~. THE LEVY GRANT ON LAKE JESSUP, according to the plallhereal as recorded In Pial Book 1, Page 5 01 the Public
l' ~ - -------- Records 01 SemJnole County. Florida.
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LEGAL DESCRIPTION
LAND TO BE ANNEXED INTO THE
CITY OF WINTER SPRINGS
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10,642 ACRES
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REAL ESTATE SALE CONTRACT
RAW LAND / UNDEVELOPED
BUTTON PROPERTY
This agreement for the sale and purchase of real estate property is made and entered
into by and between the parties herein identified on the last date appearing beside the
signature of the party who is the last to execute this agreement
1. DEFINITIONS: The following terms shall have the meanings indicated for all
purposes affecting this contract
A. SELLER - Ervin J. and Martha M. Button are the owners of the real
property which is the subject of this Contract and shall be referred to herein as
"SELLER".
B. PURCHASER - Sanlando Land, Inc., a Florida corporation, or its
successors or assigns shall be referred to herein as "PURCHASER".
C. PROPERTY - The term "Property" shall mean and refer to the real
property and improvements and all appurtenances thereto which are described as
approximately 13 acres, (See 31, Twn 20, Rng 31, Lots 18 & 18A, Seminole County,
Florida) as described in Exhibit" A" attached hereto and incorporated herein by
reference. SELLER to provide correct legal description within Fifteen (15) days of
contract acceptance.
D. CLOSING. The term "Closing" shall mean and refer to the actof
- settlement of the purchase and sale of the Property to any part thereof at which title is
conveyed from SELLER to PURCHASER
E. TITLE COMMITMENT - The term "Title Commitment" shall mean and
refer to the commitment for the issuance of an owners policy of title insurance.
F. GOVERNMENTAL AUTHORITIES - The term "Governmental Authorities"
shall mean and refer to the federal government, the State of Florida, The County of
Seminole, City of Winter Springs and any agency or instrumentality of them having
jurisdiction over the Property or any portion thereof and whose approval is necessary
for the satisfaction of any of the conditions contained in the contract.
G. TITLE COMPANY - The term "Title Company" shall mean and refer to
Gulf Atlantic Title Agency, 460 W. Central Pkwy., Altamonte Springs, FL 32714
H. ESCROW AGENT - The term "Escrow Agent" shall mean"a.-ria refer to Gulf
Atlantic Title Agency, 460 W. Central Pkwy, Altamonte Springs, FL 32714.
2. PURCHASE AND SALE - For the consideration herein expressed and upon the
terms and conditions herein contained SELLER agrees to sell and PURCHASER
agrees to purchase the Property.
- 7-
D. If the final day of period or date of performance under this contract falls
on a Saturday, Sunday or legal holiday then the final day of the period or the date of
performance shall be deemed to fall on the next day which is not a Saturday, Sunday
or legal holiday.
17. SELLERS COOPERATION
SELLER agrees to join and execute any and all instruments and documents
which are necessary and are required by PURCHASER in order that PURCHASER
may proceed with the rezoning, planning, site work approvals and development of the
property for residential purposes. SELLER also gives PURCHASER permission as the
"Contractual Owner" to sign any of the above mentioned documents to complete the
approval process for development of the property as described above.
18. SURVEYS
SELLER at his expense, is to provide PURCHASER with the certified boundary
survey (currently in SELLERS possession) including all easements and right-ot-ways
prepared by a reputable, qualitied surveyor withi'} Fifteen (15) Days after contract
acceptance. PURCHASER may obtain a "new" survey at PURCHASERS expense
19. ASSIGNMENT
PURCHASER shall have the right to assign its rights hereunder provided that its
assignee shall assume all of PURCHASERS obligations hereunder.
20. ENVIRONMENTAL ETC.
PURCHASER shall have a Phase One Environmental Assessment performed to
determine if the property is free of contaminates Should the Phase One
Environmental Assessment (or other tests conducted by PURCHASER) show the
property to have contaminates, SELLER shall have the option of removing said
contaminates at SELLERS sole expense or returning all deposits paid herein to
PURCHASER plus the expense of the Phase One Environmental Assessment.
21. CONDITION PRECEDENT
It is condition precedent to PURCHASERS obligation to close that there be no change
in developmental conditions of the property from the last day of the last inspection
period to the actual date of closing which would have an adverse effect on
u PtJRCRASERS8:5ilityto use the property as zoned. By way of example, assume that
water is available to the property of sufficient quality and quantity for PURCHASERS
intended use as of the end of the last inspection period and then for whatever reason,
water availability becomes limited, then in such event, PURCHASER shall have no
legal obligation to purchase the property, In the event of a change of an adverse
nature, then PURCHASER, in PURCHASERS sole discretion shall have the right to
either cancel the contract (in which case all deposits shall be returned to
PURCHASER), or alternatively PURCHASER may waive said condition precedent and
consummate the transaction as presently contemplated.
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22. REVOCATION OF OFFER /)'((~_
The offer contained herein shall be deemed to be null and void unless a full~l{)j. ~
executed copy hereof is returned to PURCHASER on or before 2:00 p.m. on~ 10,
1996 or such earlier date of which PURCHASER may notify SELLER in writing.
Executed as of the last of the dates indicated by the signatures below, which shall be
deemed to be acceptance date hereof for all purposes.
PURCHASER:
SAN LANDO LAND, INC.
SELLER
BY2:d.~-;Y~~ - --- B~~;~~_c:;n_~~~
Martha M. Button Ervi~. Button V'
-Date t - '-.I -7/
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