HomeMy WebLinkAbout2000 12 06 Regular Item C
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORiDA 32708-2799
Telephone (407) 327-1800
Community Development Depl.
Planning Division
LOCAL PLANNING AGENCY AGENDA ITEM
II. C.
CARROLL REZONING
(REZ-2-2000)
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 TIONS:
I. SUMMARY OF APPLICATION
APPLICANT:
OWNER:
Luther & JoAnn Carroll
11909 Narcoossee Road
Orlando, FL 32827
Luther & JoAnn Carroll
11909 Narcoossee Road
Orlando, FL 32827
REQUEST:
The applicant is requesting a change of Zoning Map designation from county A-3
"Agriculture" (Max. 1 DU per 3 acres) to the City's C-1 "Neighborhood" designation.
PURPOSE:
To develop the property for commercial retail purposes rather than for agriculture or
residential.
Plarming & Zoning Board
December 6, 2000
Carroll Rezoning
REZ-2-2000
A, SITE INFORMATION
1, PARCEL NUMBER
2~-20-31-5BA-0000-0 190
2. ACREAGE:
1 0 acres
3, GENERAL LOCATION:
Approximately six hundred (600') feet west of the intersection of S.R. 434 and
DeLeon Street, on the north side of S.R. 434 and adjacent diagonal to the Battle
Ridge property (Bellaire Subdivision).
4, LEGAL DESCRIPTION:
LOT 19, VAN ARSDALE OSBORNE BROKERAGE CO.' S ADDITION TO
BLACK HAMMOCK, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1 , PAGE 31, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAY.
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 approximately 1,800 feet
west of the subject property. The Battle Ridge property was approved for a 110
lot residential subdivision and conservation area. Along the north side of S.R.
434 near the Battle Ridge property and 1,200 feet west from the subject
property (Carroll), the former Wofford/Slappey Property was annexed into the
City and was designated on the City's Future Land Use Map as "Commercial"
and rezoned by the City to C-l "Neighborhood Commercial" . This property is
the site of the future Winter Springs Executive Office Park. The Lamoureux
Property on the north side ofS.R. 434 approximately 1,000 feet west of the
subject property was annexed into the City and designated "Commercial" on the
City's Future Land Use Map and rezoned C-l "Neighborhood Commercial" on
the City's Zoning Map.
7, EXISTING LAND USE OF SUBJECT :PROPERTY:
PlaIming & Zoning Board
December 6, 2000
The parcel is vacant and with complete tree foliage.
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REZ-2-2000
8, LETTERS/PHONE CALLS IN FA VOu. OR IN OPPOSITION:
The County and Oviedo were notified in accordance with the Intergovernmental
Planning Coordination Agreement 1997" Calls were made Monday, November
6thth and Monday November 9thlh to Debra Pierre, City Planner for Oviedo
and to Tony Mathews, Principal Planner, at Seminole County Planning Dept. -
Comprehensive Planning Division reminding them that the Carroll small scale
plan amendment and rezoning would be scheduled for the December 1 sl meeting
of the Winter Springs Planning & Zoning Bbard / Local Planning Agency.
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, treed area
South:
S.R. 434 and south of that is vacant land.
East:
vacant, treed area (also Carroll Property)
West:
Church building and parking lot and large cleared area behind.
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(County) "Rural-3" (Max. 1 DU per 3 acres).
Requested:
"Commercial" .
D, FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(County) "Rural-3" (Max. 1 DU per 3 acres).
South:
(County) "Low Density Residential" (Max. 4 DU per acre).
East:
(Oviedo) "Low Density Residential" (1.0 - 3.5 DU per acre).
West:
(County) "Suburban Estates" (Max, 1 DU per acre)
E, ZONING OF SUBJECT PROPERTY:
Existing:
(County) A-3 "Agriculture".
Requested:
(City) C-l "Neighborhood Commercial".
F, ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County) A-3 "Agriculture" (Max. 3 DU per acre)
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South:
(County) A-I "Agriculture" (Max. I DU per acre).
East:
(Oviedo) A "Agriculture"
West:
(County) A-I "Agriculture" (Max. I DU per acre).
II. REZONING ANALYSIS:
The following summarizes the data and/or issues which staff analyzed in reviewing this
application.
A, PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
Access is to S.R. 434
b. Function Classification:
S.R. 434 is classified as an urban arterial.
c. Improvements/expansions (including right-of-way acquisition) already
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 Florida Department of Transportation for curb cuts,
decellanes, center turn lanes, etc.
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEMENT,
POT ABLE WATER:
POT ABLE WATER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Planning & Zoning Board
Deeember 6, 2000
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
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cost to lay the water line to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
SANI! AR Y SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
cost to lay the sanitary sewer line to their properties, plus pay a proportionate
share for extension of the trunk line coming to the Battle Ridge property
entrance.
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.
DRAINAGE/STORMW ATER:
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 proj(~ct must meet Sec. 9-241 City Code
requirements. Post development runoff cannot exceed pre-development runoff.
(Use 25 year storm, 24 hour storm standard) Stormwater Calculations required
in retention ponds are to be constructed with storm pipes or swales. There must
be a clear recorded easement for the pipes and/or swales. The easement must be
definitive for maintenance of structural facilities.
Planning & Zoning Board
Deeember 6, 2000
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Carroll Rezoning
REZ-2-2000
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:
None. The property would not involve a residential component; hence no
requirement for recreational facilities or payment in lieu.
4. FIRE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None as a result of annexation of the subject property. This area is presently
covered by Fire Station # 26 at Northern Way. The response time is 4 to 5
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.
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December 6, 2000
Carroll Rezoning
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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 small 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 has been 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 COMPATmILITY:
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.:::
The soils on this property are: (#) - indicates soil map designation
(09) Bassinger, Delray fine sands
(10) Bassinger, Samsula,.and Hontoon soils, depressional
(20) Myakka and EauGallie fine sands
(09) Bassinger 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 s08ils
suitable for most urban uses.
(10) Bassinger, Samsula, and Hontoon soils, depressional - The soils in this map unit
are nearly level and very poorly drained. These soils are in swamps and
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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
o~ recreational development, or sanitary facilities. The main limitations are
ponding, excess humus, low strength, and subsidence.
(20) Myakka and EauGallie fine sands: The soils in this map unit are nearly level
and poorly drained. The slopes are dominantly less than 2 percent. The soils in
this map unit are poorly suited to use for sanitary facilities, building sites, or
recreational development. 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 use.
1. TOPOGRAPHY:
The subject property is overall twenty-five (25) feet above mean sea level.
2. FLOOD PLAIN AREA:
A review of the FEMA National Flood Insurance Program Rate Map (12117CO 155-
E; April 17, 1995) appears to show all of the subject land is outside the 100 year flood
plain area. It is in Zone X in areas determined to be outside 500-year floodplain.
3. NATURAL RESOURCES, HISTORIC RESOURCES.
No natural or historic resources are known to exist on the subject land.
4. 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 WITH THE COMPREHENSIVE PLAN:
The City's Comprehensive Plan indicates that S. R. 434 is an urban arterial and is planned
as a commercial corridor. The City Commission has recently designated two (2) other
annexed properties [ Wofford/Slappey and Lamoureux] just to the west on the north side
of S.R. 434 as "Commercial" on the Future Land Use Map and rezoned those properties to
C-1 "Neighborhood Commercial" on the City's Zoning Map.
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Dccember 6, 2000
Carroll Rezoning
REZ-2-2000
E, JUSTIFICA TION FOR REZONING:
I. Applic~nt wishes to develop his property for small commercial retail.
2. The immediate area is now becoming urbanized with new residential developments
and commercial within ~ to 1 mile distance from the subject property.
3. S.R. 434 is an urban arterial roadway and is more suited to commercial activity.
4. The depth of the property is approximately 600 feet, making it more appropriate for
small commercial retail than for a residential subdivision of 3 houses with current
county zoning of 1 house per 3 acres (A-3 "Agriculture").
5. This area is appropriate for neighborhood retail to serve the quick daily retail needs of
the local residential neighborhoods.
F. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES,
The nuisance potential of the proposed use resulting from the change of Zoning Map
designation from county A-3 "Agriculture" to City C-I "Neighborhood Commercial" to
the surrounding properties should be minimal in view of the following:
· The proposed rezoning to C-l "Neighborhood Commercial" is an appropriate
commercial zoning category since Sec. 20-231 of the City Code indicates that the
"The C-I Neighborhood Commercial District consists of lands abutting certain
principal streets, the frontages of which are especially adaptable to selected low-
traffic generating uses. . . ." This is the case with the applicant's (Carroll) property.
· 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 ofthe Development Review
Committee can ensure the prevention or minimization of any potential nuisances.
Although the S.R. 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant indicated to staff he will
cooperate with the City to ensure the parcel meets or exceeds existing development
and aesthetic standards".
· A ten (10) acre parcel with small retail establishments is not expected to significantly
affect the Level of Service LOS of S.R. 434. 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 proposed commercial use of the property is compatible with the existing land use
of properties to the west on the north side ofS. R. 434. One property to the west of
Planning & Zoning Board
Dceember 6, 2000
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the subject property involves proposed development of the Winter Springs Executive
Park, a three (3) building office park complex, and just to the west of that property,
there is ,an auto repair and salvage business. The property adjacent to the east is the
entranceway to Battle Ridge. There are other businesses e.g. antique shop, real estate
office to the west toward the beltway.
G, CONCERNS / OBJECTIONS RAISED BY V ARIOPS INDIVIDUALS AND
AGENCIES:
The following objections raised by the City of Oviedo and Seminole County focus on the
proposed small scale plan amendment for the Carroll property but are in effect the same
objections that would apply to the proposed rezoning also.
CITY OF OVIEDO OBJECTIONS:
In the letter dated October 4,2000 to Ron McLemore, City Manager from Gene Williford,
City Manager of Oviedo, the City of Oviedo makes the following objection to the
proposed Carroll small scale comprehensive plan amendment and rezoning citing their
Joint Planning Agreement, which the City of Oviedo refused to coordinate with the City of
Winter Springs and Seminole County in a tripartite agreement as was proposed by the
Winter Springs City Manager and City Commission in January, 1998.
NOTE:
OBJECTION:
The Winter Springs City staff, the City's Planning & Zoning Board /
Local Planning Agency, or the City Commission were not consulted at any
point along the way in the development of the City of Oviedo's JP A with
Seminole County. This lack of contact or coordination by the City of
Oviedo staff in the development of their JP A is not in accord with Policy
7 -1.3.1 of the Oviedo Comprehensive Plan Intergovernmental
Coordination Element which states "The City (Oviedo) shall review the
Comprehensive Plans of Seminole County and the City of Winter Springs
prior to adoption hearings in order to identify potential impacts and
conflicts." Nor is it in accord with Policy 7-1.3.2 which states "The City
[Oviedo] shall address impacts and conflicts in the following manner: (a)
the City staff shall first meet with tht: staff of the affecting government
agency. . . . ( c) if no compromise is reached, the City will either drop the
objection or seek mediation. Also, the City of Oviedo did not abide by its
Policy 7-1.3.3 which states "The city agrees to participate in a mediation
process if other governments or jurisdictions object to Oviedo's actions."
The October 4th letter to Ron McLemore, City Manager from Gene
Williford, Oviedo City Manager raises objections to the Carroll small
scale plan amendment and rezoning based on:
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Dceember 6,2000
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It is the intent of the JP A to protect the rural character of areas designated Rural on
Seminole County's Comprehensive Plan. The subject property is designated "Rural-3" on
Seminole County's Comprehensive Plan Future Land Use Map. The City of Winter
Springs proposes to designate the land use of the subject property as "Commercial".
RESPONSE:
The Joint Planning Agreement is an agreement between the City of Oviedo and
Seminole County for the purposes of collaborative planning, but does not
involve the City of Winter Springs. It is a planning tool and does not have
the clear legal status that Land Development Regulations or Comprehensive
Plans do. It is stated that the purpose of the JPA is to protect the rural
character of areas designated "Rural" in the County's comprehensive plan.
Objective 2.11 of the County comprehensive plan speaks of measures "designed
to preserve and reinforce the positive qualities of the rural lifestyle presently enjoyed in
East Seminole County referred to as the "Rural Area". County Policy 2.11.1 speaks of
recognizing "East Seminole County as an area with specific rural character rather than an
area anticipated to be urbanized." It is the position of the Winter Springs planning staff
that annexation into the City of the approximately 10 acre Carroll property, located 600
feet to the west of DeLeon Street, on November 27,2000 and the designation of that
property as "Commercial" on the City's Future Land Use Map and the rezoning of that
property to C-l "Ndghborhood Commercial" on the City's Zoning Map will not pose a
direct threat to the rural lifestyle or rural character enjoyed by residents in East Seminole
County aka the Black Hammock. The great majority of residents in the Black Hammock
of the County's "Rural Area" live to the east of Canal Street. Most of these residents are
approximately two (2) miles or more to the east of DeLeon Street, a considerable distance
away from any urban activity that would impact their homes, rural character and rural
lifestyle. It is not necessary to have such a large surrounding perimeter of designated
rural area to protect the rural character and rural lifestyle of residents two, three or more
miles away to the east. Many of these residents leave the Black Hammock rural area on
roads aligned in a north south direction further east of Canal Street. The Carroll property
is square shaped with a depth of approximately 600 feet on the north side of S.R. 434, an
urban arterial, that intersects with S.R. 417 "The GreeneWay". Given the size and depth
of the Carroll property and its location on a well traversed urban arterial, it is unrealistic to
expect development of a residential subdivision of 1 dwelling unit per three acres. A
more appropriate use is as a non-residential use because of the shallowness of the lot and
its location on a well traversed urban arterial. In near proximity to the east (600 feet)
around the outside of the curve of S.R. 434 is an existing commercial enterprise with
County Future Land Use Map designation of "Commercial" and a County zoning
designation ofCN "Commercial Neighborhood". Retail commercial is appropriate in this
immediate area to serve the quick daily small ticket retail needs of the surrounding
residential neighborhoods of McKinley's Mill, The Oaks, and Sweetwater Creek, which
are approximately 2/3 ofa mile away. If the Carroll property were located away from an
urban arterial road and had greater depth and area, then it would appropriate to designate
the property "Lower Density Residential (1.1 - 3.5 DU per acre max.) on the City's Future
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Land Use Map and designate it R-l A "One Family Dwelling" zoning district on the City's
Zoning Map. In the immediate area to the west on the north side of S.R. 434 there are
already exis!ing small commercial enterprises and in more recent times, the City
Commission redesignated the Wofford/Slappey (Winter Springs Executive Office Park)
property "Commercial" and rezoned it C-l "Neighborhood Commercial". The
Commission also similarly designated the Lamoureux property, adjacent to the east of the
Wofford/Slappey property. These properties are just llnder 2/3 of a mile to the west of the
Carroll property.
OBJECTION:
The proposed annexation is in conflict with the Future Oviedo Annexation Area map
within the JP A which includes the subject property.
RESPONSE:
The Future Oviedo Annexation Area map is Exhibit "0" in the Oviedo I Seminole County
Joint Planning Agreement, which the City of Winter Springs is not a party to and was not
consulted on in its preparation and adoption by the City of Oviedo and Seminole County.
Hence, the City of Winter Springs is under no obligation to abide by and respect their
agreement. A Joint Planning Agreement (JPA) is a planning tool and does not have the
clear legal status as Land Development Regulations or Comprehensive Plans do. While
the Future Oviedo Annexation Area map does include the Carroll property, Luther and
Joann Carroll have expressly requested to have their property annexed into the City of
Winter Springs and not into the City of Oviedo. This has been a voluntary annexation. It
is the Winter Springs planning staffs view that a property owner voluntarily requesting
one municipality to annex his property cannot be barred by another municipality from
such annexation irrespective of whether his property is in another municipality's JP A
future annexation area.
OBJECTION:
The JP A establishes transition areas for properties within the City's Joint Planning Area
boundary. The subject property is located within a transition area. According to the
Equivalency Chart of the JP A the property must be designated either Low Density
Residential (Transitional) or Rural within the City of Oviedo, both of which are residential
land uses. The proposed "Commercial" future land use designation is inconsistent with
the intent of the Equivalency Chart of the JP A.
RESPONSE:
These transition areas are a part of the Oviedo / Seminole County Joint Planning
Agreement, which the City of Winter Springs is not a party to and was not consulted on in
its preparation and adoption by the City of Oviedo and Seminole County. Hency, the City
of Winter Springs is under no obligation to abide by and respect their agreement. A Joint
Planning Agreement (JP A) is a planning tool and does not have the clear legal status as
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Land Development Regulations or Comprehensive Plans do. It may be noted that in the
text of the amendment to t~e "urban boundary" (95F.FLU11)involving the
GreeneWay/S.R. 434 Area it is stated that "The establishment of the urban boundary to
protect the rural area is considered preferable over the technique of transitioning of land
use." Interestingly, it is also mentioned that it [urban boundary] "provides for urban uses
on those properties that abut municipalities in the event of future annexations. II
OBJECTION:
The proposed "Commercial" future land use designation and C-l zoning classification are
inconsistent with that of the City of Oviedo's and Seminole County's planning objectives
for the area.
RESPONSE:
The Oviedo/Seminole County Joint Planning Agreement is an agreement between
the City of Oviedo and Seminole County for the purposes of collaborative planning, but
does not involve the City of Winter, which the City of Winter Springs is not a party to
and was not consulted on in its preparation and adoption by the City of Oviedo and
Seminole County. It is a planning tool and does not have the clear legal status that Land
Development Regulations or Comprehensive Plans do. It appears that the City of
Oviedo's and Seminole County's planning objectives for the area, which includes the
Carroll property, is that the area will remain "frozen" presumably always, as rural to
preserve the rural character and rural lifestyle and protect the area known as the Black
Hammock. No other discussion of the recognition of future population influx into the
Orlando area, prompting a demand in the area for land to house this increased population
and services to support it, is found in the Oviedo / Seminole County Joint Planning
Agreement. The field of planning embraces the concept that plans must be viewed as
evolutionary and not held as "master plansll cast in stone. The introduction of the
beltway (S.R. 417 liThe GreeneWay) in that area ofS.R. 434 forever changed the
character and future prospects for the area. One cannot ignore the effect of the beltway
on this area, the increased traffic on the urban arterial of S.R. 434, the year after year
increase in people coming to Seminole County, Winter Springs and Oviedo area.
OBJECTION:
Furthermore, the proposed commercial land use designation and C-l zoning classification
are not compatible with the City of Oviedo's 2010 Future Land Use Map and Official
Zoning Map for properties in the area surrounding the subject property.
RESPONSE:
On the City of Oviedo's "2010 Long Range Land Use" (Map 1-3) the area adjacent to
the east of the Carroll property and which is inside of the corporate limits of Oviedo is
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designated as "Low Density Residential" (1-3.54 DU per acre). The area outside of
Oviedo's corporate limits to the north and west of the subject property (Carroll property)
is indicated also as "Low Density Residential" by Oviedo. In effect the City of Oviedo is
saying that;residential (the map indicates "Low Density Residential") is not compatible
with commercial in the same area. A moment's reflection will bring to mind many
instances in the greater Orlando area where commercial, in this case neighborhood retail,
is compatible near residential areas, especially where/.the commercial is proposed to front
on an urban arterial roadway rather than the residential fronting on such road. The City
of Winter Springs in its Land Development Regulations has provisions to ensure that
negative impacts from commercial development to residential areas are prevented or kept
to a minimum through buffering.
SEMINOLE COUNTY OBJECTIONS:
In the letter dated October 25, 2000 Seminole County makes the following objections to
the proposed Carroll small scale comprehensive plan amendment and rezoning citing a
Joint Planning Agreement between Seminole county and the City of Oviedo and citing
the 1994 GreeneWay / S.R. 434 Small Area Study.
OBJECTION:
In 1999, as you may know, Seminole County and the City of Oviedo entered into a Joint
Planning Interlocal Agreement (JPA). One of the main purposes of this agreement is to
"Protect the general rural character of the Rural Areas of Seminole County as depicted in
the Seminole County Comprehensive Plan..." [JP A, page 4, Section 2(a)(3)). The
subject property is located within the County's East Rural Area and is designated as
Rural-3 on the county's Future Land Use Map and zoned the A-3 rural zoning
classification. The proposed plan amendment and rezoning request for this property by
the City of Winter Springs would be at odds with the County's long standing efforts to
protect the character and lifestyle of the Rural Area. Consequently, the proposed
annexation fails to address the issues which are adequately addressed within the JP A
between the County and the city of Oviedo.
RESPONSE:
NOTE:
The Winter Springs City staff, the City's Planning & Zoning Board /
Local Planning Agency, or the City Commission were not consulted at any
point along the way in the development of the City of Oviedo's JP A with
Seminole County.
The response to this objection from Seminole County is the same as the response to the
City of Oviedo's second objection in their letter dated October 4,2000 to Ron McLemore,
City Manager from Gene Williford, City Manager of Oviedo. The Joint Planning
Agreement is an agreement between the City of Oviedo and Seminole County for the
purposes of collaborative planning, but does not involve the City of Winter Springs. It is a
planning tool and does not have the clear legal status that Land Development Regulations
or Comprehensive Plans do. It is stated that the purpose of the IP A is to protect the rural
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Planning & Zoning Board
Dceember 6, 2000
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character of areas designated "Rural" in the County's Comprehensive Plan.
Objective 2.11 of the County Comprehensive Plan speaks of measures "designed
to preserve and reinforce the positive qualities of the rural lifestyle presently enjoyed in
East Semin61e County referred to as the "Rural Area". County Policy 2.11.1 speaks of
recognizing "East Seminole County as an area with specific rural character rather than an
area anticipated to be urbanized." It is the position of the Winter Springs planning staff
that annexation into the City of the approximately I 0 ~cre Carroll property, located 600
feet to the west of DeLeon Street, on November 27,2000 and the designation of that
property as "Commercial" on the City's Future Land Use Map and the rezoning of that
property to C-l "Neighborhood Commercial" on the City's Zoning Map will not pose a
direct threat to the rural lifestyle or rural character enjoyed by residents in East Seminole
County aka the Black Hammock. The great majority of residents in the Black Hammock
of the County's "Rural Area" live to the east of Canal Street. Most of these residents are
approximately two (2) miles or more to the east of DeLeon Street, a considerable distance
away from any urban activity that would impact their homes, rural character and rural
lifestyle. How much land area is necessary to protect the rural character and rural
lifestyle of the Black Hammock residents? It is not necessary to have such a large
surrounding perimeter of designated rural area to protect the rural character and rural
lifestyle of residents two, three or more miles away to the east. Many of these residents
leave the Black Hammock rural area on roads aligned in a north south direction further
east of Canal Street. The Carroll property is square shaped with a depth of approximately
600 feet on the north side of S.R. 434, an urban arterial, that intersects with S.R. 417 "The
GreeneWay". Given the size and depth of the Carroll property and its location on a well
traversed urban arterial, it is unrealistic to expect development of a residential subdivision
of 1 dwelling unit per three acres. A more appropriate use is as a non-residential use
because of the shallowness of the lot and its location on a well traversed urban arterial. In
near proximity to the east (600 feet) around the outside of the curve of S.R. 434 is an
existing commercial enterprise with County Future Land Use Map designation of
"Commercial" and a County zoning designation ofCN "Commercial Neighborhood".
Retail commercial is appropriate in this immediate area to serve the quick daily small
ticket retail needs of the surrounding residential neighborhoods of McKinley's Mill, The
Oaks, and Sweetwater Creek, which are approximately 2/3 of a mile away. If the Carroll
property were located away from an urban arterial road and had greater depth and area,
then it would appropriate to designate the property "Lower Density Residential (1.1 - 3.5
DU per acre max.) on the City's Future Land Use Map and designate it R-IA "One Family
Dwelling" zoning district on the City's Zoning Map. In the immediate area to the west on
the north side of S.R. 434 there are already existing small commercial enterprises and in
more recent times, the City Commission redesignated the Wofford/Slappey (Winter
Springs Executive Office Park) property "Commercial" and rezoned it C-l "Neighborhood
Commercial". The Commission also similarly designated the Lamoureux property,
adjacent to the east of the Wofford/Slappey property. These properties are just under 2/3
of a mile to the west of the Carroll property.
OBJECTION:
Planning & Zoning Board
Deeember 6, 2000
15
Carroll Rezoning
REZ-2-2000
In 1995, the County adopted several land use amendments in the vicinity of the Central
Florida GreeneWay / S.R. 434 Interchange. One of these amendments (Amendment
95F.FLU5) established approximately 25 acres of commercial land use on the east side of
the Central Florida GreeneWay. This amendment was based on findings of the 1994
GreeneWay / S.R. 434 Small Area Study and in response to development trends and the
need to provide neighborhood commercial uses in the immediate vicinity of the
interchange. In contrast, the proposed plan amendmel;1t to "Commercial" land use and
associated rezoning to C-1 by the City of Winter Springs would introduce an incompatible
use into the county's East Rural Area and be inconsistent with the intent of the
GreeneWay Small Area Study. Also, please note that the property is located within the
"Transitional Areas", identified in the subject JP A, which does not allow commercial uses
[JPA, page 6, Section 3(b)].
RESPONSE:
The City of Winter Springs created the "GreeneWay Interchange District" to take
advantage of the transportation nexus of the S.R. 434 and the beltway (S.R. 417 "The
GreeneWay") provided to allow and encourage highway oriented commercial to develop
rather than allow more housing or neighborhood commercial to develop at the intersection
of these two major roadways. It is believed that the commercial that would seek to locate
near the intersection of the beltway and S.R. 434 would be oriented more toward the
people using the beltway rather than toward those living on residential streets in the area.
Hotels, motels, restaurants, office buildings are attracted to these transportation nexuses.
The Carroll property is square shaped with a depth of approximately 600 feet on the north
side ofS.R. 434, an urban arterial, that intersects with S.R. 417 liThe GreeneWayll. Given
the size and depth of the Carroll property and its location on a well traversed urban
arterial, it is unrealistic to expect development of a residential subdivision of 1 dwelling
unit per three acres. A more appropriate use is as a non:..residential use because of the
shallowness of the lot and its location on a well traversed urban arterial. In near proximity
to the east (600 feet) around the outside of the curve of S.R. 434 is an existing
commercial enterprise with County Future Land Use Map designation ofllCommercial1l
and a County zoning designation ofCN "Commercial Neighborhood", Retail commercial
is appropriate in this immediate area to serve the quick daily small ticket retail needs of
the surrounding residential neighborhoods of McKinley's Mill, The Oaks, and Sweetwater
Creek, which are approximately 2/3 of a mile away. If the Carroll property were located
away from an urban arterial road and had greater depth and area, then it would appropriate
to designate the property "Lower Density Residential (1.1 - 3.5 DU per acre max.) on the
City's Future Land Use Map and designate it R-IA "One Family Dwelling" zoning district
on the City's Zoning Map. In the immediate area to the west on the north side of S.R. 434
there are already existing small commercial enterprises and in more recent times, the City
Commission redesignated the Wofford/Slappey (Winter Springs Executive Office Park)
property "Commercial" and rezoned it C-l IINeighborhood Commercial". The
Commission also similarly designated the Lamoureux property, adjacent to the east of the
Wofford/Slappey property. These properties are just under 2/3 of a mile to the west of the
Carroll property.
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Plamung & Zoning Board
Dceember 6, 2000
Carroll Rezoning
REZ-2-2000
With reference to introducing an incompatible land use into the County's East Rural Area,
when one looks at the configuration of the "Rural Area" map (Figure 2.9 in the County's
1991 Comp;ehensive Plan), one finds the Carroll property at the extreme southwest
comer. This area of the County's East Rural Area is the only land, the only property, that
fronts onto an urban arterial roadway (S.R. 434). On November 27, 2000, the City
Commission of Winter Springs annexed the Carroll pr9perty. As a result, the property is
now part of the City and can be afforded the urban services available; and therefore the
subject property cannot be considered a part of the County's east Rural Area anymore.
Functionally, allowing a neighborhood commercial enterprise on the subject property will
not in any way affect or diminish the enjoyment ofthe rural character and rural lifestyle
by residents of the Black Hammock, most of whom live two (2) miles or more to the east
where no cars pulling in and out of a neighborhood commercial establishment on the
Carroll property will be seen or heard at that distance.
These transition areas are a part of the Oviedo / Seminole County Joint Planning
Agreement, which the City of Winter Springs is not a party to and was not consulted on in
its preparation and adoption by the City of Oviedo and Seminole County. Hence, the City
of Winter Springs is under no obligation to abide by and respect their agreement. A Joint
Planning Agreement (JP A) is a planning tool and does not have the clear legal status as
Land Development Regulations or Comprehensive Plans do. It may be noted that in the
text of the amendment to the "urban boundary" (95F.FLUll)involving the
GreeneWay/S.R. 434 Area it is stated that "The establishment of the urban boundary to
protect the rural area is considered preferable over the technique of transitioning of land
use." Interestingly, it is also mentioned that it [urban boundary] "provides for urban uses
on those properties that abut municipalities in the event of future annexations."
III. 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. To the east the new Winter Springs
Executive Office Park will be built. This reflects the changing nature of the area
around the beltway and along S.R. 434, one that is evolving from a rural area to
an urbanizing area. Residential developments create a demand for retail
commercial to serve the needs of residents. This area is experiencing the
pressures of development primarily due to demand for new residential and
commercial development in a prime location along S.R. 434.
· The applicant's proposed rezoning from County A-3 "Agriculture" (Max. 1 DU
per 3 acres) to City C-I "Neighborhood Commercial" is compatible with the
.commercial nature of an urban arterial such as S.R. 434, as well as with the
17
Planning & Zoning Board
Dceember 6, 2000
Carroll Rezoning
REZ-2-2000
existing commercial establishments in the general area of S.R. 434 on the
northside.
s.li. 434 is an urban arterial roadway and is more suited to commercial activity
along the frontage.
. The depth of the property is approximately 6qO feet, making it more appropriate
for small commercial retail than for a residential subdivision of 3 houses with
current county zoning of 1 house per 3 acres (A-3 "Agriculture").
.
· The City's Comprehensive Plan indicates that S. R. 434 is an urban arterial and is
planned as a commercial corridor. The City Commission has recently designated
two (2) other annexed properties [Wofford/Slappey and Lamoureux }just to the
west on the north side of S.R. 434 as "Commercial" on the Future Land Use Map
and rezoned those properties to C-l "Neighborhood Commercial" on the City's
Zoning Map.
. There are businesses along the north side ofS.R. 434 just east of the beltway such
as an antique shop, real estate office, bicycle repair place, an auto salvage and
repair shop and an auto restoration business. At present, much of the area along
both sides ofS. R. 434 east of the beltway to the curve at DeLeon Street is vacant.
Existing patterns of vacant land should not be confused with those lands that are
in specific use as rural residential neighborhoods. Distinctions should be made
regarding lands essential to preserving a rural lifestyle, (large lot single family
residential) and land on the fringe of urban development which is only considered
rural because it is vacant.
· The existing land use adjacent to the subject property is vacant on the south side,
south of S.R. 434, vacant to the north, though that portion to the rear of the
subject property will be developed as the Battle Ridge residential subdivision, and
the Winter Springs Executive (Office) Park on the west side of the subject
property and an auto repair and salvage business to the west of that.
· 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 developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office Park
property to the entrance. Any property owner to the east would pay the cost to lay
the water sewer lines to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
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Planning & Zoning Board
Dceember 6, 2000
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· The developer of the Battle Ridge property will first extend the trunk line from
aro\lnd Vistawilla Drive eastward past the Winter Springs Executive Office Park
property to the entrance. Any property owner to the east would pay the cost to lay
the water sewer lines to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
· Although the S.R. 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant has indicated he will
cooperate with the City to ensure the parcel meets or exceeds existing
development and aesthetic standards.
IV. STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Planning &
Zoning Board make the following recommendation to the City Commission:
That the City Commission approve a rezoning of the approximately
10 acre Carroll Property changing the Zoning Map designation of
the 10 acre Carroll Property from County A-3 (Max. 1 DU per 3 acres)
to the City of Winter Springs zoning designation of C-l "Neighborhood
Commercial" .
ATTACHMENTS:
A Map of Subject Property.
B. Zoning Map of the City of Winter Springs.
C. Zoning Map of the City of Oviedo.
Planning & Zoning Board
December 6, 2000
19
Carroll Rezoning
REZ-2-2000
ATTACHMENT A
CARROLL PROPERTY
REZONING
ATTACHMENT B
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, IIY OF WINTER SPRINGS
ZONING
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ATTACHMENT C
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CITY OF OVIEDO
ZONING MAP
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, LEGEND
AGRICUL TURE (SINGLE FAMILY)
AGRICUL TURE- . COUNTY
COMMERCIAL'
COMMERCIAL
FLOOD PLAIN
INDUSTRIAL
INDUSTRIAL
INDUSTRIAL - COUNTY
MOBILE HOME
OFFICE - COMMERCI AL
PUBtJC 'LAND INSTITUTIONS
PLANNED UNIT DEVELOPMEN T
PLANNED U~IT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
MUD'BORD~R
CITY BORDER,
R-1
R-1A,
R-1BB
R-2,
R-3,
R-CE
R-P
W-1
MUD-CA
MUD-CHR
MUD-DS
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MUD-R-l
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RESIDENTIAL (SINGLE FAMILY)
RESIDENTIAL (SINGLE FAMILY)
RESIDENTIAL (SINGLE FAMILY). .
RESIDENTIAL (TWO FAMILY)
RESIDENTIAL (MUL Tl-F AMIL Y)
RURAL COUNTRY ESTATES (SINGLE FAMILY)
RESIDEN TIAL -PROFESSIONAL
WETLAND
MIXED USE DISTRICT (CENTRAL AVENUE)
MIXED USE DISTRICT .(CITY HALL RETAIL)
MIXED USE DISTRICT (DIVISION STREET)
MIXED USE DISTRICT (HISTORIC DISTRICT)
MIXED USE DISTRICT. (MUL Tl-F AMIL Y)
MIXED USE DISTRICT (SINGLE FAMILY)
MIXED' USE DISTRICT - (SINGLE FAMILY)
ENCLA VE