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HomeMy WebLinkAbout1999 10 06 Regular Item A CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1000 Community Development Dep\. Planning Division PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY AGENDA ITEM II. A. ELIZABETH MORSE FOUNDATION REZONING [ REZ-4-99 ] Staff Report APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 of the City Code 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.. CONSIDERA nONS: II. SUMMARY OF APPLICATION APPLICANT: OWNER: Harling Locklin Associates 850 Courtland Street Orlando, FL 32804 Elizabeth Morse Foundation P. O. Box 40 Winter Park, FL 32790 REQUEST: The applicant is requesting a change of Zoning Map designation from county A-I "Agriculture" to the City's R-IA "One Family Dwelling Sistrict". PURPOSE: To develop the property as a single family residential subdivision. A. SITE INFORMATION 2. PARCEL NUMBER 31-20-31-5BB-0000-0150 31-20-31-5BB-0000-00IA 3 1-20-3 1-5BB-0000002D 3 1-20-3 1-5BB-0000-003A 2. ACREAGE: 59.45 acres 3. GENERAL LOCATION: North of S.R. 434 and south of Lake Jessup, west of the beltway and east of Spring Ave. 4. LEGAL DESCRIPTION: (see Attachment A) 5. CHRONOLOGY OF SUBJECT PROPERTY: The property has been in the unincorporated area of the county. 6. DEVELOPMENT TRENDS: This general area along S.R. 434 in proximity to the beltway is experiencing development pressure. In recent years the McKinley's Mill residential subdivision was built on the south side of S.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. The City intends to create a higher density/intensity mixed use "Greene W ay Interchange District" modeled somewhat after the county's Higher Intensity Planned Development (HIPs) found around the airport, the 1-4 Corridor, etc. around a major transportation nexus. 7. EXISTING LAND USE OF SUBJECT PROPERTY:. Just over half the property is in active citrus grove, and the remainder is vacant with tree cover. 8. LEITERS/PHONE CALLS IN FAVOR OR IN OPPOSITION: No inquires or comments in favor or in opposition to the proposed rezoning at the time of preparation of this StaffReoprt. B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Small cottage-type houses between the subject property and Lake Jessup. South: Vacant land. East: The beltway (S.R. 417 "The GreeneWay); further east is vacant treed area. West: Small cottage-type houses. C. FUTURE I.AND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (county) "Suburban Estates" (maximum 1 DU per acre) Requested: "Lower Density Residential" (1.1 - 3.5 DU/acre). NOTE: Applicant has requested City FLUM designation during Fall 1999 . Comprehensive Plan Amendment Cycle. D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (county) "Low Density Residential" (4 DU /acre maximum). South: Mixed Use. NOTE: "GreeneWay Interchange District" FLUM designation recently adopted by City Commission, now awaiting approval by DCA. East: The Beltway; further east "Conservation" . West: (county) "Low Density Residential" (4 DU/acre maximum). E. ZONING OF SUBJECT PROPERTY: Existing: (county) A-IO "Agriculture" (I DU/lO acre maximum) Requested: R-IA (8,000 sq. ft. minimum lot size; 75 ft lot width) F. ZONING ADJACENT TO SUBJECT PROPERTY: North: (county) R-I "Single Family Dwelling District" (8,4,00 sq. ft. minimum lot size) South: PUD. NOTE: "GreeneWay Interchange District" Zoning Regulations recently adopted by City Commission dependent on approval of the "GreeneWay Interchange District" FLUM designation by DCA. East: No zoning designation on east side of Beltway on the Battle Ridge wetland area; R-IA on eastern portion of Battle Ridge property. West: (county) R-l and A-I0. II. REZONING ANALYSIS: A. JUSTIFICATION FOR REZONING: 1. Th,~ applicant wishes to develop the property as a single family residential subdivision. 2. Th,~ applicant's proposed rezoning to City Zoning Map designation ofR-IA "One family Dwelling District" reflects the fact that the property is some distance north of the State Road 434 right-of-way (approximately 1,600 feet north) and would not be as valuabe for commercial purposes as the property to the south that fronts on S.R. 434 next to the interchange with the beltway. B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING LAND USES: The nuisance potential of the proposed use resulting from the change of Zoning Map designation :from county A-I0 "Agriculture" to City R-IA "One Family Dwelling District" to the surrounding properties should be minimal in view of the following: · The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nuisances. · The City's development review process includes reference to the development standards of the St. Johns River Water Management District for stormwater management and prevention of potential pollution to Lake Jessup. The City's Comprehensive Plan has regulations that help ensure the protection of Lake Jessup from development activities. . The proposed rezoning of the property from county A-IO "Agriculture" to City R-IA "One Family Dwelling District" is compatible with the existing land use of adjacent properties. The adjacent property to the west and north of the subject property is of a residential nature and not incompatible with the residential density requested by the applicant in the large scale comprehensive plan amendment for Fall 1999 transmittal, which is "Lower Density Residential (1.1 - 3.5 DUI acre). ill. FINDINGS: . The general area along S.R. 434 in proximity to the beltway is experiencing development pressure. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. This reflects the changing nature of the area around the beltway and S.R. 434, one that is evolving from a rural area to an urbanizing area. This area is experiencing the pressures of development primarily dm: to demand for new residential and commercial development in a prime location in general proximity to the transportation nexus of the beltway and S.R.434. . The applicant's proposed rezoning to R-IA (8,000 sq. ft. min. lot size) reflects similar county zoning ofR-l (8,400 sq. ft. min. lot size) on the west and north side of the subject property. . The proposed rezoning ofthe property from county A-IO "Agriculture" to City R-IA" One Family Dwelling District" is compatible with the existing land use of adjacent properties, which is residential and vacant tree covered land. The adjacent property to the west and north of the subject property has an existing single family residential community, and vacant tree covered land surrounds the subject property to the south and east, with the beltway bordering part of the property on the east side. . The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nUisances. IV. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Planning and Zoning Board make the following recommendation to the City Commission: That the City Commission approve the proposed change of zoning from county A-IO "Agriculture" 1 DUIIO acres maximum) to City's R-IA Zoning District (8,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from county R-10 "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation. ATfACHMENTS: . Location map of subject parcel. . Legal description of the property. I I , S8NIt:JdS i ~. -'-~:'n '" .-----~\-.=~_..----1 --- -1--=------- T' i '--:~~=---LL\ \I~_- I , I ! I - ,....-;." ,,". I' I~_ \\ " 11 " II .-- ~ l I ....~"! -~- --- \ \ \, __.__-.J!~... \ " tB ---~~_.- ,,: 'iB'/ " ..J~_ rr .---11---->-:: " " i Il ~ -,1 " " "11 J___._____.._" --0-= "\I ,-, " " 1\ " " = ( --.--- ~i o if1 ,'. ~ ~~ -"'" :..... ~--lf\J 8 " -, e , '..' C!D ::~~.C~.~; ~ j :;f <:: hi :0 1I11! Ol lJ :n 2 ~ \J ~ ~ '-, >::. ~." ,:..' ..:.~ / , U ,-, , , \ " \ "d )1 I I I I I I . )1 I I II . II I - ) ~JM ~1ORSE 2. DEN IUS FOUNDAT I ON 407 644 9504 Dc 1. 30 1998 11: 34Ar', P3 PHONE flo. Elizabeth Mnr.tr Genius Foundation Lake JeHup Grove Seminolt County. Florida Summary AppraIsal Report LEGAL DESCRIPTION Lots 1,2,3,4,5, and 6, Section 32, Township 20 South, Rangc 31 East, ALSO Lots 1,2,3,7, and 8 of SectiDn 5, Township 21 South, Range 31 East. (Less beginning 20 feet E of and 274.1 feet S of the NW comer of Lot 3, Section 5, run E 366.6 feci N 060 05' E 507.3 feet, N 00012' E 321.7 feet, S 87" 32' W 193 feet, N 040 30' W 269.1 feet, S 890 04' E 652.1 feet, S 890 56' E 420 feet, N 241.9 fect to shore of Lake Jessup, W'ly along shore 1,286 feet to the E linc of Spring Avenuc; S 1,173 feet tD beginning), being 91 acres, more or less. All above real property being apart of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of Seminole County, Florida. ALSQ A right of ingress and egress over that 10-foot strip of land adjoining and running along the N'ly side of a line commencing 20 feet E and 274.1 feet S of the NW comer of Lot 3 of Sectioo 5, Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and egress ovcr that 10-foot strip of land adjoining and running along the W'ly side of line commencing 366.6 feet E ofa point 20 fcct E and 274.1 fcct S of the NW comer of Lot 3, Section 5, Township 21 South, Range 31 E, lun N 06005' E 507.3 feet, thenee N 000 12' E 321.7 feet, said Lot 3 appears in the plat of Phillip R. Young Grant as recorded in Plat Book I, Page 35 of the public Records of Seminole County, Florida. Less the E 25 fect of Lots 2 and 8 of said Section 5; less W 25 fcct of Lots 1, 3, and 7 of said Section 5 and less W 25 feet of LDt 2 and E 25 feet of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5, Township 21 Soutb, Range 31 East, and Lots I, 2,and 3, Section 32, Township 20 South, Range 31 East oftbe Phillip R. Young Grant, according to thc plat thcrcof as recorded in Plat BDok 1, Page 35 of the Public Rccords of Seminole County, Florida, being more particularly described as fDllows: Conunence at the NE COrner of said Section 5; thence run S 880 49' 39" W along the N line of said Section 5, a distance of l89.88 feet to tbe NE comer of said Lot 1, Section 5 Df the Phillip R. Young Grant for a point of beginning; thence run S 040 42' 40" W along the E line of said Lot 1, Section 5. a distance of 665.23 feel to the SE corner of said Lot 1, Section 5; thence run S 880 49' 39" W along thc S linc of said Lot I, Section 5, a distance of 204.39 feet; thence departing said S line run N 250 45' 00" W, a distance of 1,386.79 feet to a point on the E line of the W 25.00 feet of said Lot 2, Section 32; thence nm N 0 I 0 IT 12" W along said E linc a distance of 408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S 83041' 20" E along said N line a distance of 949.00 feel to the NE CD mer of said Lot I, Section 32; thence run S 040 42' 40" W along the Eline of said Lot I, Section 32. a distance of 891.00 \ 98032CSUREPORT .DOC 21 61998 PINE~ & CARPENTER, INC. PHONE NO. Oct. 313 1998 11:35AM P4 , . 1 MJRSE & GEN I US FCUNDAT ION } I I I I I I I ~ I I I B I I I )0 \ I 4137 644 95134 Elizabeth Morse G,:niu.f Foundation Lake J?SSUP Grove Seminole County. Florida Summary Apprai.ml Rt!port feet to the point of beginning. AND AL~O LESS Commence at the NE comer of said Section 5 also being the SE Comer of said Section 32; thence run S 88049' 39" W along the N line of said Section 5, also being the S line of said Section 32, a distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32; thence departing the S line of said Section 5 and the S line of said Section 32. run NOlo 17' 12" W along said W line, a distance of 709.22 feet for a point c:!:;eginning; thence departing said W line run N 250 45' 00" W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of 69.93 feet to a point on the E line of amended plat of first addition to Mineral Springs, according to the plat thereof, as recorded in Plat Book 8, Pages 46 and 47 of the Public Records of Seminole County, Florida; thence run NOlO 09' 12" W along said E line a distance of225.66 fcet to a point on the N line of said Lot 3, Section 32; thence departing said E line run S 83047' 20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W line of the E 25.00 feet of said Lot 3, Section 32; thcnce departing said N line nln S 010 17' 12" E along said W line a distance of305.58 feet to the point of beginning. Containing 24.] 79 acres, more or less. ALSO LESS A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Grant, according to the plat thereof, as recorded in Plat Book I, Page 35 of the Public Rccords of Seminole County, Florida, being more particularly described as follows: Commence at the SW comer of said Section 32; thence run S 880 49' 39" W along the S line of said Section 32, a distance of i,038.05 feet to a point on the E line of the W 25.00 feet of said Lot 2; thence departing said S line run N OJ 0 17' 12" W along said E line a distance of 599.42 feet for a point of beginning; thencc departing said E line run N 250 45' 00" W a distance of 120.74 feet to a point on the W line ofthe E 25.00 feet of said Lot 3; thence run N 01 c 17' 12" W along said W line a distance op05.58 feet to a point on the N line of said Lot 3; thence departing said W line run S 83047' 20" E along the N line of said Lot 2 and 3 a distance of 50.43 feet to a point on the E line of the W 25.00 feet of said Lot 2; thence departing said N line run S 010 17' 12" E along said E line a distance of 408.90 feet to the point of beginning. Containing 17,862 square feet, more or less. 98032CSUREPORT .DOC 22 .€l1993 PINEL & CARPENTER, INC.