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.
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~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
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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.