HomeMy WebLinkAbout2000 04 11 Regular Item C
CITY OF WINTER SPRINGS, FLORIDA
, 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY A'GENDA ITEM
II. B.
WEA VER LARGE SCALE COMPREHENSIVE PLAN
AMENDMENT LS-CP A-2-00
Staff Report
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163 .3174( 4)(a) Florida Statutes which states in part "Be the 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.
, CONSIDERATIONS:
I. SUMMARY OF AP:PLICATION:
APPLICANT:
OWNER:
Donald E. Weaver
844 Lake Mills Road
Chuluota, FL 32766
(same)
REQUEST:
The applicant is requesting a change of Future Land Use Map designation, from (County)
"Rural-3"(Max. 1 DU per 3 acres) to the City's "Lower Density Residential" (1.1 - 3.5 DU
per acre) designation.
'"
PURPOSE:
To develop the property as a single family residential subdivision in the future,
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Local Planning Agency
October 25,2000
Weaver Property Amendment
LS-CPA-2-00
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A. SITE INFORMATION
1. PARCEL NUMBER
31-20-31-300-0040-0000
31-20-31-300-0048~0000
31-20-31-300-004C-0000
31-20-31-300-0090-0000
2. ACREAGE:
30 +/- acres
3. GENERAL LOCATION:
Approximately 600 feet north of State Road 434 and west of DeLeon Street.
4. LEGAL DESCRIPTION:
(See First Attachment)
,
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 press,ure. In recent years the McKinley's Mill residential
subdivision was b4ilt on the south side of S.R. 434 (at 3.5 - 4 DU per acre) just
west of the subject property. Recently, the Battle Ridge property, adjacent on
the west side of the Weaver Property, was approved for a 110 lot residential
subdivision (at the same density as the Weaver request.) In.the immediate area
just inside of the City of Oviedo there are residential subdivisions between 2 - 4
DU per acre.
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. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION:
Debra Pierre, City Planner, City of Oviedo and Jim Logue, Black Hammock
Association.
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Local Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CP A-2-00
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Vacant, partly treed.
South:
Vacant, treed.
East:
DeLeon Street, and further east a residence, orange groves, vacant wooded
West:
Vacant, wooded. (Battle Ridge - Bellfaire 110 Unit Sub. to be built)
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(county) "Rural-3" (1 DU per 3 acres maximum)
Requested:
(city) "Lower Density Residential" (1.1 - 3.5 DU per acre maximum)
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
, North:
(county) "Rural-3"(I DU per 3 acres maximum)
South:
(county) "Rural-3" (1 DU per 3 acres maximum) (Oviedo) "Low Density
Residential (1.0 - 3,5 DU per acre)
East:
(county) "Rtiral-3" (1 DU per 3 acres maximum)
West:
(city) "Lower Density Residential" (1.1 - 3,5 DU per acre maximum)
E. ZONING OF SUBJECT PROPERTY:
Existing:
(county) A-3 "Agriculture" (3 DU per 3 acres maximum)
Requested:
[ no request made at this time]
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(county) A-3 "Agriculture" (3 DU per 3 acres maximum)
South:
(county) A-3 "Agriculture" (1 DU per 3 acres maximum) and (Oviedo)
"Agriculture'~ (1 DU per 2 acres maximum)
East:
(county) A-3"Agriculture" (1 DU per 3 acres maximum)
West:
(City) R-I A "One:"Fmaily Dwelling District" (8,000 sq. ft, minimum lot
size).
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Local Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CP A-2-00
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and/or issues which staff analyzed in reviewing this
application.
NOTE: It is City policy that the applicant of a large scale comprehensive plan amendment
provide the necessary data and analysis in accordance with 9J-5.005(2) Florida
Administrative Code, and Rule 9J-l1.006(1)(b)1. - 5. Florida Administrative Code.
City staff performs the analysis of "consistency/compatibility" of the proposed large
scale comprehensive plan amendment with the City, State and ~egional c.omprehensive
plans. [per 163.3177(10)(A) F.S., 9J-5.001(9) F.A.C. and 9J-5.021(4) F.A.C. ]
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
Access is to DeLeon Street primarily and then onto S.R. 434
b. Function Classification:
DeLeon Street is classified as a local road and S.R. 434 is classified as an urban
arterial.
c. Improvements/expansions (including right-of-way acquisition) alreaQy
programmed or needed as a result of the proposed amendment.
At the time of development of the property, the developer would have to meet
the requirements of the City of Winter Springs Land Development Code,
specifically Chapter 9.
2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
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Local Planning Agency
October 25,2000
Weaver Property Amendment
LS-CP A-2-00
b. Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge Property plans to extend a trunk line from the
south side of S.R, 434 at Vistawilla Drive northward across S:R. 434. The City
of Winter Springs has a Development Agreement with the Battle Rjdge Property
owner(s). The Battle Ridge property owner is only required to pay for extension
of a water trunk line that can adequately serve that property. No requirement is
made upon the B~ttle Ridge property owner to oversize the trunk lines. The
City of Winter Springs, may if it chooses to do so, make other arrangements for
any sizing beyond that which is needed to serve the Battle Ridge Property. Any
property owner to the north would pay the cost to lay the water line to their
properties, plus a pay a proportionate share for extension of the tnmk line
coming from the south.
SANITARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge Property plans to extend a trunk line from the
south side of S.R. 434 at Vistawilla Drive northward across S.R. 434. The City
of Winter Springs. has a Development Agreement with the Battle Ridge Property
owner(s). The Battle Ridge property owner is only required to pay for extension
of sewer trunk line that can adequately serve that property. No requirement is
made upon the Battle Ridge property owner to oversize the trunk lines. The
City of Winter Springs, may ifit chooses to do so, make other arrangements for
any sizing beyond that which is needed to serve the Battle Ridge Property. Any
property owner to' the north would pay the cost to lay the sanitary sewer line to
their properties, plus a pay a proportionate share for extension of the trunk line
coming from the south,
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None, There are no plans to extend re-use water lines to serve the subject
property or Battle Ridge property.
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L?cal Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CP A-2-00
DRAINAGE/STORMW A TER:
a. Facilities serving the site.
None. No structural drainage system.
b. Improvements/expansions needed as a result of proposed amendment:
If the property is developed, then the project must meet Sec. 9-241 City Code
requirements and SJRWMD and other applicable requirements. Post
development runoff cannot exceed pre-development runoff. (Use 25 year, 24
hour storm event for design). There must be a clear recorded easement for the
infrastructure. The easement must be definitive for maintenance of structural
facilities.
SOLID WASTE:
a. Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The property would involve a residential subdivision; hence there would be a
requirement for recreational facilities or payment in lieu per Goal 1, Objective E,
Policy 1 of the Recreation and Open Space Element in the Comprehensive Plan.
4. FIRE:
a. Facilities serving the site.
None.
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Local Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CPA-2-00
b. Improvements/expansions needed as a result of proposed amendment:
The response time is 5 to 6 minutes. A proposed Fire Station is to be located
just west of Courtney Springs Apts. The proposed Fire Station # 28 is scheduled
to be built in Fiscal Year 2003-4. The estimated response time when the new
Fire Station is operational would be 2-3 minutes. Under the First Response
Agreement between the City and the County, the City already services the
subject property.
5. POLICE:
a. Facilities serving the site:
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. The response time to the subject property would be: Emergency
response time is 3.5 minutes. Non-emergency response time is 4.5 minutes. The
average is 4.3 minutes over the whole City.
B. CONCURRENCY MANAGEMENT:
The request is for a large scale comprehensive plan amendment which is viewed as a
preliminary development order (where no approval for construction is made) is not subject
to Concurrency. Concurrency review is deferred until application for a final development
order for the subject property, in accordance with the Concurrency Management System
established in the City's Comprehensive Plan Volume 2 of2.
C. LAND USE COMPATIBILITY:
1. SOILS:
The Soil Survey of Seminole County. Florida, published by the Soil Conservation
Service of the US. Department of Agriculture notes: AWhile many factors other than
soils are important in planning for orderly development, soil quality is a basic and
continuing factor. It demands full consideration, not only as a guide in determining
use but also as a measure of the kind and magnitude of problems that must be
overcome for specific uses. The decisions on urban uses are not necessarily
determined on the basis of suitability. The physical characteristics and qualities of the
soil become paramount, and interpretations are more directly concerned with the
limitations, restrictions, or hazards and suggests corrective practices needed to prevent
serious mistakes."
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Local Planning Agency
October 25, 2000
Weavcr Property Amcndmcnt
LS-CP A-2-00
The soils on this property are: (#) - indicates soil map designation
(09) Basinger and Delray fine sands. The soils in this map unit are nearly level
and poorly drained and very poorly drained. These soils are in sloughs
and poorly defined drainageways. The slopes are dominantly less than 2
percent. 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. Septic
tank absorption fields do not function properly during rainy periods
because of wetness.
(13) Basinger, Samsula, and Hontoon soils, depressional. The soils in this map
unit are nearly level and poorly drained. These soils are in swamps and
depressions. The slopes are dominantly less than 2 percent. In their natural
state, the soils in this map unit are not suited to use for homesites,
commercial or recreational development, or sanitary facilities. The main
limitations are ponding, excess humus, low strength, and subsidence. 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 uses.
2. TOPOGRAPHY:
The subject property ranges from 15 feet toward Lake Jessup to a high of25 feet
toward the south boundary (mean sea level).
3. FLOOD PLAIN AREA:
A review of the FEMA National Flood Insurance Program Rate Map (12117COI55-E;
April 17, 1995) appears to show the majority of the subject land is outside the 100
year flood plain area. That portion is in Zone X in areas determined to be outside 500-
year floodplain. The area along the eastside is in Zone AE "Special Flood Hazard
Area - 100 year flood" and Zone X "Other Flood Areas"
4. NATURAL RESOURCES, HISTORIC RESOURCES.
No natural or historic resources are known to exist on the subject land.
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Local Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CPA-2-00
5. WILDLIFE AND SPECIES DESIGNATED AS ENDANGERED, THREATENED
OR SPECIAL CONCERN: '
No federally listed endangered plants are known to exist in the county. It is essential
that surveys of such species be completed prior to site development of parcels
containing native vegetation communities. A wildlife survey of those species
designated as endangered, threatened or species of special concern is required prior to
final development approval for this property per 39-27.003.005 F.A.C.
D. CONSISTENCY/COMPATIBILITY WITH THE COMPREHENSIVE PLAN:
The City's Comprehensive Plan indicates that the Battle Ridge Property (aka Bellfaire
Subdivision) is designated on the Future Land Use Map as "Lower Density Residential"
(1.1 - 3.5 DU per acre) The subject property (Weaver) is adjacent on the east side of the
Battle Ridge Property. The applicant, Donald Weaver, requests the same Future Land Use
Map designation as the Battle Ridge Property. The proposed FLUM designation continues
similar density designations found in the surrounding residential areas of Oviedo. Adjacent
to the southeast the City of Oviedo has designated on its Future Land Use Map that
property and property to the east and south as "Low Density Residential" (1.0 - 3.5 DU per
acre), essentially the same as what the applicant, Donald Weaver, has requested from the
City of Winter Springs which is "Lower Density Residential" (1.1 - 3.5 DU per acre). The
area of McKinley's Mill is designated on the City of Oviedo's FLUM as "Low Density
Residential also. In the immediate and general area, those properties developed for single
family residential are designated essentially the same density as the applicant is requesting.
It continues a density pattern established by the City of Winter Springs and the City of
Oviedo in their respective Comprehensive Plans.
E. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of the proposed use resulting from the change of Future Land Use
Map designation from county "Rural-3" to City "Lower Density Residential" to the
surrounding properties should be minimal in view of the following:
· The surrounding properties are essentially vacant. Any development of a single family
subdivision in the near future should not present a nuisance to surrounding properties.
· At the time of site development, a traffic impact analysis will be required to determine
what measures will be required to offset the impacts and maintain traffic flow.
· 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.
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Local Planning Agency
October 25, 2000
Weaver Property Amendment
LS-CPA-2-00
F. CONSISTENCY/COMPATmILITY WITH CITY, STATE, AND REGIONAL
COMPREHENSIVE PLANS:
The City of Winter Springs Comprehensive Plan fully complies with the State
Comprehensive Plan adopted pursuant to Chapter 187, Florida Statutes, and the Strategic
Regional Policy Plan of the East Central Florida Regional Planning Council pursuant to
Chapter 163 Florida Statutes.
1. WITH THE CITY COMPREHENSIVE PLAN:
The comprehensive plan amendment is compatible with and not in conflict with the
other elements of the City Comprehensive Plan, specifically: those that are supportive:
Land Use Element
Policy 3 under Objective A of Goal 1
Policy 4 under Objective A of Goal 1
Policy 2a under Objective A of Goal 3
Sanitary Sewer Sub-Element:
Policy 5 under Objective A under Goal 1
Policy 10 of Objective A under Goal 1
Intergovernmental Coordination Element:
Policy 1 under Objective D of Goal 3
Objective E under Goal 1
Policy 1 a, 1 d under Objective F of Goal 1
2. WITH THE STATE COMPREHENSIVE PLAN:
163.3177(10)(A) F.S.
The comprehensive plan amendment is compatible with and furthers goals and policies
of the State Comprehensive Plan in Chapter 187 F.S.
List of goals, objectives and policies that indicate consistency with the State
Comprehensive Plan: 9J-5.021(4) F.A.C.
STATE COMPREHENSIVE PLAN
(8) Water Resources
Goal (a) Policies 5, 10, 12
Local Planning Agency
October 25, 2000
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Weaver Property Amendment
LS-CPA-2-00
(16) Land Use
Goal (a) Policy 3
(22) The Economy
Policy 3
NOTE: A Local comprehensive plan shall be consistent with a Comprehensive
Regional Policy Plan or the State Comprehensive Plan if the local plan is
compatible with and furthers such plans, 9J-5,021(1) F.A.C.
The term "compatible with" means that the local plan is not in conflict with
the State Comprehensive Plan or appropriate comprehensive regional
policy plan. The term "furthers" means to take action in the direction of
realizing goals or policies of the state or regional plan. 9J-5.021(2) F.A.C.
For the purposes of determining consistency of the local plan with the State
Comprehensive Plan or the appropriate regional policy plan the state or
regional plan shall be construed as a whole and no specific goal and policy
shall be construed or applied in isolation from the other goals and policies
in the plans. 9J-5.021(2) F.A.C.
3. WITH THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL
POLICY PLAN: 186.507 F.S.; 27-E-4 F.A.C.
The comprehensive plan amendment is compatible with and furthers goals and
policies of the East Central Florida Comprehensive Regional Policy Plan.
List of goals, objectives and policies that indicate consistency with the East
Central Florida Comprehensive Regional Policy Plan: 9J-5.021.(4) F.A.C.
EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY
PLAN:
Policy 57.1: 1,4, 5
Policy 58.1, 2
Policy 65.5
Policy 67,2
NOTE:
A Local comprehensive plan shall be consistent with a
Comprehensive Regional Policy Plan or the State Comprehensive
Local Planning Agency
October 25, 2000
11
Weaver Property Amendment
LS-CPA-2-00
Plan if the local plan is compatible with and furthers such plans.
9J-5.021(1) F.A.C.
The term "compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
comprehensive regional policy plan. The term "furthers" means to
take action in the direction of realizing goals or policies of the state
or regional plan. 9J-5.021 (2) F.A.C.
For the purposes of determining consistency of the local plan with
the State Comprehensive Plan or the appropriate regional policy
plan the state or regional plan shall be construed as a whole and no
specific goal and policy shall be construed or applied in isolation
from the other goals and policies in the plans. 9J-5.021 (2) F.A.C.
G. INTERGOVERNMENTAL COORDINATION:
III.
In accordance with the 1985 Interlocal Agreement [on notification and planning
coordination - (Book 119, Page 89-188)] and Policy 1 under Objective D and Policy 1
under Objective F of the Intergovernmental Coordination Element of the City's
Comprehensive Plan, the following governmental agencies have been notified of the this
proposed comprehensive plan amendment:
Seminole County (Planning Department - Comprehensive Planning Division)
City of Oviedo (Planning Department)
FINDINGS:
.
The City's Comprehensive Plan indicates that the Battle Ridge Property (aka Bellfaire
Subdivision) is designated on the Future Land Use Map as "Lower Density
Residential" (1.1 - 3.5 DU per acre) The subjectproperty (Weaver) is adjacent on the
east side of the Battle Ridge Property. The applicant, Donald Weaver, requests the
same Future Land Use Map designation as the Battle Ridge Property. The proposed
FLUM designation continues similar density designations found in the surrounding
residential areas of Oviedo, Adjacent to the southeast the City of Oviedo has
designated on its Future Land Use Map that property and property to the east and
south as "Low Density Residential" (1.0 - 3.5 DU per acre), essentially the same as
what the applicant, Donald Weaver, has requested from the City of Winter Springs
which is "Lower Density Residential" (1,1 - 3.5 DU per acre). The area of
McKinley's Mill is designated on the City of Oviedo's FLUM as "Low Density
Residential also, In the immediate and general area, those properties developed for
single family residential are designated essentially the same density as the applicant is
Local Planning Agency
October 25, 2000
12
Weaver Property Amendment
LS-CPA-2-00
IV.
requesting. It continues a density pattern established by the City of Winter Springs
and the City of Oviedo in their respective Comprehensive Plans.
.
The surrounding properties are essentially vacant. Any development of a single family
subdivision in the near future should not present a nuisance to surrounding properties.
.
At the time of site development, a traffic impact analysis will be r.equired to determine
what measures will be required to offset the impacts and maintain traffic flow.
.
The City has development standards in its land development regulations to ensure
minimal impacts on surrounding' properties, such as buffering. The State can require
deceleration lanes and center turn lanes to maintain traffic flow. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention or minimization of potential nuisances.
.
The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
.
The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
.
The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan,
STAFF RECOMMENDATION:
,.
Based on the Staff Report and the Findings, staff recommends the Local Planning
Agency make the following recommendation to the City Commission:
1. That the City Commission hold a first (transmittal) public hearing and transmit to
the Department of Community Affairs the proposed Large Scale Comprehensive
Plan Amendment (LS-CP A-2-00), to change the Future Land Use Map (FLUM)
designation from Seminole County "Rural-3" (1 DU per 3 acres maximum) to
the City's FLUM designation of "Lower Density Residential" (1.1 - 3.5 DU per
acre) on the Donald Weaver Property on the Future Land Use Map of the City's
Comprehensive Plan Land Use Element (Volume 2 of2); and
2. Hold a second public hearing, after receiving and reviewing the ORC Report, to
adopt the plan amendment.
Local Planning Agcney
October 25, 2000
13
Weaver Property Amcndmcnt
LS-CPA-2-00
A TT ACHMENTS:
A. Map of Subject Property.
B. Supporting Data, Inventory & Analysis for the Proposed Comprehensive Plan Amendment
LS-CP A-2-00
Local Planning Agcncy
Octobcr 25,2000
14
Wcavcr Propcrty Amendment
LS-CPA-2-00
A TT ACHMENT A
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LEG SEe 03 TWP 21S ROE 31E
E 245 FT OF S 385.75 FT OF S 2/3 OF
N 3/4 OF E 1/2 OF SW 1/4 OF NW 1/4
(LESS S 100 FT & RD)
PAD: 1650 DE LEON 5T
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LEG SEC 03 TWP 215 ROE 31E .
N 2/3 OF S 3/4'OF E 1/2 OF SW 1/4
OF NW 1/4 (LESS BEG SE COR RUN
N 385.75 FTW 245 FT 5 42 FT W 197
FT S TO A PT W OF BEG E TO BEG
:!. RI))
PAD: 1740 DELEON 5T
I
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SEC 03 TWP 21S ROE 31E
W 197 FT OF E 442 FT OF 5 343.75 FT
OF S 2/3 OF N 3/4 OF E 1/2 OF SW
1/4 OF NW 1/4 (LESS-S 100 FT OF E
19 FT)
I
LEOSEC 03twP 21S RGE 3f~-'--.
W 1/2 OF SW 1/4 OF NW 1/4
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Property Legal
DescfJption
~Bp. WYER
0Jll1~GLEIDN
& AssOCIATES, INCORPORATED
VVeaver
Property
I
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520 SOUTH MAGNOUA AVENUE
ORLANDO. FLORIDA 32801
(407) 843-5120
FAX 407-849-8664
Compmhensive Policy
Plan Amendment
I
Prepared For:
Don Weaver
(HCIHU"-INC . 'lAHNINC . SUftV(VIHC . [NVlftONM[HfAt
10-17-00
8SA-14
A TT ACHMENT B