HomeMy WebLinkAbout1997 02 05 Other Item A
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327.1800
munity Development
PLANNING AND ZONING BOARD ITEM:
II. A
NEW BUSINESS
SANLANDO (JOYCE) REZONING
REZ-2-97
STAFF REPORT:
REZ-2-97 REZONING
I. 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 Zoning designation from City's R-U "Rural Urban
Dwelling District (not less than 1 DU/acre) "R-1A "Single
Family Dwelling District (min. 8,000 sq. ft).
PURPOSE:
Applicant states "To develop the property as a single family
residential subdivision of R1A lots."
Future Land Use Map designation of "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/acrej 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:
(county designation)
(maximum 1 DU/acre).
"Suburban
Estates"
NOTE:
The city recently annexed the 9.9
acre (Button) parcel to the east and
will hold the first reading of an
ordinance to change the Future Land
Use Map designation from county
"Suburban Estates" to the city's
designation of "Lower Density
Residential" (1.1 to 3.5 DU/acre).
West:
(County designation) "Suburban Estates" and
"Conservation" which is mainly along the
southwest property boundary.
ZONING OF SUBJECT PROPERTY:
Existina:
(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-1 "Single Family Dwelling" District (with
minimum 1 acre lot size) substitutes in place
of R-U.
Recruested:
R-1A "One Family Dwelling District" (with
8,000 sq. ft. minimum lot size).
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County
Dwelling
size) .
designation) R-1 "Single Family
district" (8,400 sq. ft. minimum lot
South:
Mostly (City designation) C-1 "Neighborhood
Commercial". C-2 "General commercial and
Industrial" at the southwest corner of parcel
17.
East:
(County designation) A-1 "Agriculture" (1
DU/acre)
NOTE:
Recently the city annexed the 9.9
acre (Button) parcel to the east and
will hold the first reading of an
ordinance to change the zoning
designation from county
A-1 "Agriculture" (1 DU/acre) to the
City's designation of R-1A "One-
Family Dwelling" District (minimum
lot size 8,000 square feet).
(county designation) A-1 "Agriculture
(1 DU/acre).
West:
CHRONOLOGY OF SUBJECT PROPERTY:
November, 1994 - Mrs. Clara Joyce applied to change the
zoning on the property from RU and C-2 to
R-3 to permit the remodelling of an
existing residence to a 25 bed Adult
Congregate Living Facility (ACLF).
December, 1994 - Seminole County Planning Department
objects to R-3 since it would allow up to
60 dwelling units on the parcel and that
the county believed that to be
incompatible land use with the "Low
Density Residential" and "Suburban
Estates" designations in the county's
comprehensive plan. Board of County
commissioners objects in letter dated
December 12, 1994.
January 18, 1995 - P & Z Board a proposed amendment to Sec.
20-267, the R-U Zoning District, to
include ACLFs as permitted use was
considered. The P & Z Board passed a
motion to recommend that the City
Commission approve the ordinance with a
change that "the maximum number be six
residents per acre owned".
December 11, 1994 - The City Commission tabled the proposed
rezoning.
January 9, 1995 -
The City Commission held a first reading
on proposed ordinance (575) to add an
eleventh permitted use, an ACLF, in the
R-U "Rural Urban" Dwelling District. At
the request of the peti tioner the
proposed ordinance was delayed from
further consideration.
April 20, 1995 -
Mrs. Joyce submits request to create two
zoning districts: R-3 to cover the ACLF
area, and R-1 to cover the remaining area
of about 6.5 acres.
June, 1995 -
Applicant withdraws request
discussion with city Commission.
after
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 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
subject property, a case is made for higher density
development than under present R-U "Rural Urban" (minimum
1 DU/acre) zoning designation. The subject property is
within the City's sewer and water service area. Sanlando
Land, Inc. has indicated it will develop the property
utilizing city water and sewer.
3. The land adjacent to the applicant's property north of
Orange Ave. in the remainder of the county enclave is
county zoned R-1 "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 s~ze 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-1 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 City zoning
designation of R-U "Rural Urban Dwelling District" to the
city's zoning designation of R-1A "One Family Dwelling
District" is in conformance with the county R-1 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.
Due to an oversight that the subject parcels are designated as
"MIxed Use" rather than "Lower Density Residential" on the
City's Future Land Use Map (FLUM), the applicant indicated
that he will apply for a small scale comprehensive plan
amendment to the City's Comprehensive Plan FLUM 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. Sanlando Land, Inc. requests approval of
the R-1A "One-Family Dwelling" District contingent upon
Sanlando Land, Inc. receiving approval by the City Commission
of a small scale comprehensive plan amendment redesignating
;.
i
!
I
i
the subj ect parcels 17 and 17 A from "Mixed Use" to "Lower
Density Residential".
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 satisfactory utility service for the health
and welfare of the community; to assure compatibility 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. The site plan shall be reviewed by the board
and approved, disapproved or properly referred by such board
in accordance with the results of its review."
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
will be requested by the applicant.
E. OTHER CONSIDERATIONS:
since the applicant's parcel is located in a general area that
has been considered-for inclusion in the "Town Center", the
following may be noted:
Disclosure:
* The applicant was apprised of the City'S S.R. 434
Corridor Vision Plan involving the Town Center and
possible expansion northward, eastward and
southward. The applicant expressed the desire,
never-the-less, to process and review his
application for
development.
rezoning
for
a
residential
Roads:
* Staff contact with Conklin, Porter and Holmes,
which is preparing the update to the Traffic
Circulation Element of the Comprehensive Plan
revealed that present data do not show that the
"winter Spring Loop" and "Tuscawilla Bypass" are
needed for capacity purposes and maintenance of LOS
on S.R. 434.
* without a minor or major arterial road running
along the north side of the high school, there will
not be demand for commercial property adjacent to
the high school on the north side or along Orange
Ave. to Lake Jesup.
Town Center Focus:
* A desire has been expressed to expand the Town
Center area to include areas just east of
Tuscawilla Road north of S.R. 434 and to include
especially the area around the intersection of
Tuscawilla Road and S.R. 434 as a possible focal
point of the Town Center due to its visibility and
activity.
* The focus of the Town Center will naturally tend to
be along the major roadways and intersections of
such roadways for they attract commercial
establishments and activity
County Enclave:
* Presently, all of the land between Central Winds
Park to Tuscawilla Road, from the lake shore to
Orange Ave. is in the county. The existing land
use is large "bowling alley" lot residential of 1
acre+. Much of this area is designated
"Conservation" on the county's Future Land Use Map
(Fig. 2.0.1)
Environmental:
* The shore area in the county enclave between
Central Winds Park to Tuscawilla Road back
approximately 250 to 300 feet from the edge of Lake
Jesup is within the 100 year flood prone area,
according to F.E.M.A. Flood Insurance Rate Map
(12117C0135) .
. -.... -." h__. __. __._ .______u_.__.~.4_.____.__..~__._.__
Comprehensive Plan:
* Proposals to locate commercial along the shore of
Lake Jesup would be in conflict with the Seminole
County Comprehensive Plan Policy 2.1.1
"Conservation Land Use" which states "The County
shall continue to regulate development and preserve
environmentally sensitive areas where soils,
topography, wetland and other constraints exist
through the "Conservation land use designation and
associated provisions of the Land Development
Code."
* The county's Comprehensive Plan indicates that the
Future Land Use designation of "Conservation "
involves an overlay land use designation consisting
of protected wetland and flood prone areas. All
development must comply with W-1 "Wetlands Overlay"
and FP-1 "Flood Prone" Zoning Classification
requirements. The thrust of these regulations is
to discourage development in the "Conservation"
designated areas through more restrictive policies
and standards of the county Comprehensive Plan
(ref. Policies 2.1.1, 2.1.2, 2.1.3) and the county
Land Development Regulations (Sec. 30-961 to
30.968; Sec. 30-981 to 30.989)
* Should the city eventually annex the county
enclave, the City' s Comprehensive Plan and Land
Development Regulations would apply which
discourage development within environmentally
sensitive areas.
* The city's Comprehensive Plan has a similar
designation of "Conservation" "to apply to all
natural drainage features. . . . (Goal 2, Objective
A, Policy 1 Land Use Element). The natural
hydrological, topographical, biological and
ecological functions of natural drainage features,
creeks and wetland areas lying within the
boundaries of the City shall be protected (Goal 2,
Objective A, Policy 3 Land Use Element).
* Specifically with respect to Lake Jesup, the city's
Comprehensive Plan Land Use Element Objective A,
Policy 3 g. states
a.
"Development adjacent to Lake Jesup shall not
be permitted to include light industrial,
industrial, or commercial land uses.
b.
In addition to these restrictions, the
following provisions to protect the natural
functions of the Lake shall be established:
i. An upland buffer zone, to be a minimum
width of fifty (50) feet, shall be
provided between any development activity
and the lakej
ii. All development along the lake shall be
required to meet a more restrictive
impervious surface ratio standard. All
development along the Lake shall provide
a minimum of 40% pervious surface.
iii. No direct discharge of stormwater into
the Lake shall be permitted, in
accordance with criteria established by
the SJRWMD.
* The Conservation Element Objective B, Policy 2
states "Prohibit development dependent on urban
infrastructure within land delineated to be
conservation, as determined by field review by
state agencies of proposed engineering plans.
m. 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-1 "Single Family
Dwelling District" and to the east which is City
designation of "PUD".
b. with the applicant's stated intention to request
the City's Future Land Use Map designation of
"Lower Density Residential (1.1 to 3.5 DU/acre).
B. ENVIRONMENTAL
1.
The subject property is not within the 100 year
flood prone area as indicated on FEMA National
Flood Insurance Program Rate Map (12117C0135-Ej
April, 1995).
2.
There apparently are no wetlands located on parcel
17 property as indicated in Figure F-8 of the
City's Comprehensive Planj but a- substantial
portion of parcel 17A may have a hydric hammock
according to Figure F-8. This is an isolated
. '._i."
wetland. Before any development could occur, st.
Johns River Water Management District would have to
give approval for elimination of this wetland.
B. NUISANCE POTENTIAL:
No significant nuisance should result from designating
the subject property a city single family residentially
zoned district, specifically R-1A. The existing land use
.in the surrounding area is residential and vacant land to
the north and east and west. To the south is the high
school property with a retention basin to the south of
the subject property.
C. PUBLIC FACILITIES:
1.
The subject property is not within
service area for extension of sewer
service.
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.
4. The applicant has stated his intention to request
City water and sewer.
IV. STAFF RECOMMENDATION TO THE PLANNING AND
ZONING BOARD:
staff recommends that the Planning and Zoning Board 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-Ol80) based on the
findings indicated in III above and contingent upon the City
Commission approving a small scale coprehensive plan amendment
redesignating parcels 17 and 17A from "Mixed Use" to "Lower Density
Residential".
.~
CITY OF WI NTER SPRI NGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
AGENDA
Planning mid Zoning Board/LPA
Regular Meeting
Wednesday - February 5, 1997 - 7:00 p.m.
Municipal Building - Commission Chambers
1126 East State Road 434
Winter Springs, Florida 32708
I.
Call to Order ,: <.l 2.. p........
Pledge of Allegiance
RollCall
Approval of the January 2, 1997 Planning and Zoning Board Regular Meeting Minutes
?Cc- ~ 2- C~.
New Business tJ
II.
A) Sanlando (Joyce) Rezoning REZ-2-97
III. Future Agenda Items
IV. Adjournment
Persons with disabilities needing assistance to participate in any of tilese proceedings should contact the Employee Relations Department,
ADA Coordinator 48 hours in advance of the meeting at (407) 327-1800.
Persons are advised that if they decide to appeal any decisions made at these meetingsihearings may need a record of the proceedings and
for such purpose, they may need to insure that a verbatim record of the proceedings is made at their expense which record includes the
testimony and evidence upon which the appeal is to be based per Section 286.0 I 05 Florida Statutes.
CITY OF WINTER SPRINGS, FlORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-27'39
Telephone (407) 327.1800
APPLICATION FOR REZONING
APPLICANT: Sanlando Land, Inc.
Last
First
Middle
ADDRESS: 238 N. Westmonte Dr., Suite 290
Altamonte Springs FL
City State
32714
Zip Code
PHONE:
(407) 682-7747
If applicant does not own the property, 'provide' the following:
OWNER :
Last
First
Middle
ADDRESS:
City
State
Zip Code
PHONE:
This is a request for change of zoning designation from
R-U
described below.
to R 1 A
on the property
Future Land Use Map Classification Lower Density Residential
Tax Parcel Number: 26-20-30-5AR-OBOO-0170 & 26-20-30-5AR-OBOQ-0 17 A
siZe of Parcel: 8 Acres
sq. ft /acres.
Address of Property proposed for change of Zoning Designation:
ADDRESS: Orange Ave. just west of Brantley Ave. (Tuscawilla Rd.)
Winter Springs
City
FL
State
32708
Zip COd.e
. .
.
Reason(s) and justification(s) for request of change to present
zoning designation.
To develop the property as a single family subdivision of Rl A
minimum sized lots.
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
.. A copy of the most recent survey of the subject property.
.. A copy of the legal description.
.. Notarized authorization of the owner (if applicant is
other than owner or attorney for owner).
.. Rezoning Application Fee, wgich includes:
.. $ 300 plus $ 25 per acre or portion of acre to
be rezoned, plus
.. Actual cost of public hearing notice printed
in newspaper, plus
.. $ 1. 00 for each. notification letter to
abutting property owner.
.***************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTy
This is ~o certify than I am the owner in fee simple of subject
lands de above in the Application for Rezoning.
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LEGAL DESCRIPTION
LAND TO BE REZONED BY THE
CITY OF WINTER SPRINGS
Lot 17 & Lot 17A, of Block B, DR MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, acccrding to the
plat thereof as recorded In Plat Book 1, Page 5 of the Public Records of Seminole County, Florida.
(
Tax Map Location
)