HomeMy WebLinkAbout1997 01 02 Other Item B
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEM:
rr. B.
NEW BUSINESS
SANLANDO (BUTTON) REZONING
REZ-1-97
STAFF REPORT:
REZ-1-97 REZONING
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 Semi:i1ole
-- County'S_k1 "Jlgl'" ; culture..!'.-. (min. 1 DU/acre) to the City's
"R-lA "Single Family Dwelling District (min. 8,000 sq. ft).
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.
Leqal 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:
26-20-30-5AR-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 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:
Former orchard and a wooded area on east side
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
resldential 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.
East:
(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 votes 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:
Sec. 20-57 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.
II. REZONING ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
A. JUSTIFICATION FOR REZONING REQUEST:
1. Applicant states "To bring the property into the City for
water and sewer and to develop a single family
residential subdivision of R-IA lots."
2. with the provision of City water and sewer service to
applicant's proposed residential development on the
subj ect property, a case is made for higher density
development than under county Future Land Use Map and
Zoning designations. The subject property is not within
the county service area for extension of water and sewer
service, but is within the City's sewer and water service
area.
3. The land adjacent to the applicant's property north of
Orange Ave. in the remainder of the county enclave is
county zoned R-l "Single Family Dwelling District" (8,400
sq. ft. minimum lot size), with the following setbacks:
front yard 25 feet; side yard 10 feet inside, 25 feet
street side; rear yard 30 feet.
4.
The City's zoning designation of R-1A requires a minimum
lot size of 8,000 square feet, with the following
setbacks: front yard 25 feet; side yard 7.5 feet, 15 feet
street side provided the corner lot faces the-same-way-as
all other lots in the block. (If the building faces the
long dimension of the lot, or where corner lots face a
different thoroughfare than other lots in he block, the
25 foot or greater setback must be maintained from both
thoroughfares.); rear yard 25 feet.
5. The new st. Johns Landing single family residential
subdivision to the northeast (inside the city) is at the
same density range as the applicant's request of "Lower
Density Residential" (1.1 to 3.5 DU/acre) on the City's
Future Land Use Map. The zoning is PUD with the setbacks
set at: front yard 25 feet; side yard 10 feet inside,
and 15 feet for side yards adjacent to streets; rear yard
25 feet.
6. There is the similarity of zoning in the county enclave
with the applicant's requested City zoning designation of
R-1A. The setbacks in the county R-l zoning district,
the City R-1A zoning district, and the setbacks as set in
the st. Johns Landing PUD are almost the same.
B. NUISANCE POTENTIAL OF PROPOSED ZONING DISTRICT TO SURROUNDING
LAND USES:
The applicant's proposed zoning change from county zoning
designation of A-l "Agriculture District" to the City's zoning
designation of R-1A "One Family Dwelling District" is in
conformance with the county R-l zoning district and the st.
John Landing PUD for setbacks. Hence, from the viewpoint of
appearance for location of structures from the edge of the
right-of-way, side and rear property lines, there will be a
compatibility and therefore no nuisance in this regard.
It may be noted that the applicant has applied to the City for
a small scale comprehensive plan amendment requesting a City
Future Land Use Map designation of "Lower Density Residential"
(1.1 to 3.5 DU/acre). This requested designation' is
compatible with the county's Future Land Use Map 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.
In the development of this property, the site Plan Review
Board, as indicted in Sec. 9-347 City Code, will review for
"compliance with all city ordinances, for conformity with the
City'S Comprehensive Plan, for compatibility with locally
recognized values of community appearance and design, for
conformity with the guidelines on vehicular traffic access,
ingress, egress, internal circulation, parking; concerning
emergency vehicle access and concerning pedestrian movement;
for assurances of satisfactgry utility service for the health
and welfare of the community; to assure compatiDrri~y with
other improvements and the need for adequate light, air,
access and privacy; to assure that the natural qualities and
characteristics of the land will be preserved and that the
project site will be appropriately landscaped and provisions
established for the maintenance of same; to assure that
adequate setbacks will be provided within the planned project
and that provisions are made for the supervision and
maintenance thereof; and to assure that the aesthetic and
architectural details of the planned project are compatible
with the surrounding area and serve to enhance the character
of that area.
and approved,
in accordance
The site plan shall be reviewed by the
disapproved or properly referred by such
with the results of its review."
board
board
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. COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
The proposed rezoning Would~be compatible with the Future
Land Use Map designation of 'Lower Density Residential" that
has been requested by the applicant.
III. FINDINGS:
A. ZONING COMPATIBILITY:
The applicant's request for the City's R-1A zoning
designation on the subject property would be compatible:
a. with the existing zoning of the area to the north
which is county designation R-l "Single Family
Dwelling District" and to the east which is City
designation of "PUD".
b. with the city's Future Land Use Map designation of
"Lower Density Residential (1.1 to 3.5 DU/acre).
B. NUISANCE POTENTIAL:
No significant nuisance should result from designating
the subject property a City single family residentially
zoned district, specifically R-lA. The existing land use
in the surrounding area is residential and vacant land to
the north and east. To the south is the high school
property with a dry retention basin immediately to the
south._of_the_subject_property.
C. 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 other areas
of the city.
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 City zoning designation of R-1A on the 9.9 acre parcel
(Parcel # 26-20-30-SAR-OBOO-0180) based on the findings indicated
in III above.
L A K E
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LEGAL DESCRIPTION
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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 - ErvinJ 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 act.of
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 "EscrowA~ren!'sharrri1ean and 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.
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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-of-ways
prepared by a reputable, qualified surveyor within Fifteen (15) Days ~fter 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 adye[se_effecLoD
PURCHASERS ability touse-tne propertyas 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{;I.l'-
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 LAN DO LAND, INC.
SELLER:
Byi}:L~~~4&.=- -- B&~~_?n_~
Martha M. Button Ervin<%!. Button ~.
-Date (;-Sf-7/
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