HomeMy WebLinkAbout2001 04 04 Regular Item A
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
PLANNING & ZONING BOARD REGULAR AGENDA ITEM:
II A. TUSKA WILLA ROAD SITE REZONING REZ-5-01
STAFF REPORT:
APPLICABLE LA"V 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
amendment~ 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
propeliy in any way dependent on city planning and zoning."
I. SUMMARY OF APPLICATION:
APPLICANT:
OWNER:
Carl H. Cahill
131 Park Lake Street
Orlando, FL 32803
L.D. Plante
P.O. Box 37
Tavares, FL 32778-0037
1. REQUEST:
The applicant is requesting a change of Zoning Map designation from (County) A-I
"Agriculture" to the City's T -C "Town Center District".
2. PURPOSE:
To develop the property according to the Town Center Zoning Code.
P&Z Agenda Item IT A
Aplil 4, 2001
Page 2
A. SITE INFORMATION:
1. PARCEL NUMBER:
26- 20-30- 5AR -UDOO-0360
01-21-30-0000-0250
2. ACREAGE:
38.37 acres
3. GENERAL LOCATION:
West side of Tuskawilla Road across from Hi-Flavor Meat Plant and trending
eastward and northward on the west side of the Tuskawilla Trails Manufactured
Home Park.
4. LEGAL DESCRIPTION:
(See First Attachment)
5. CHRONOLOGY OF SUBJECT PROPERTY:
Property 2 (29 acres) was annexed into the City through Ordinance 2000-08 on
April 10, 200. Property 3 was annexed into the City through Ordinance 2000-24
on August 14, 2000. Property 1 has been in the City for some time.
PLANNING & ZONING BOARD
February 19, 2001
REZ-2-2001
Page 2 of 10
P&Z Agenda Item IT A
April 4, 2001
Page 3
6. DEVELOPMENT TRENDS:
This general area along Tuskawilla Road around this site has been developing with
single family subdivisions such as Oak Forest, part of the larger Tuskawilla PUD,
and more recently Grand Reserve Subdivision. The City has fmalized the Town
Center Future Land Use Map designation and area and established the Town
Center Zoning District. Developers have been contacting the City with increasing
interest now that the Town Center concept and regulations have been fmalized.
First groundbreaking is expected around the intersection of S.R. 434 and
Tuskawilla Road with a grocery store and offices on the former Kingsbury Property
at the northwest comer.
7. EXISTING LAND USES OF SUBJECT PROPERTY:
Approximately 90% of the property is vacant with tree cover. There are a few
residences on the west side of Tuskawilla Road area.
8. LETTERSIPHONE CALLS IN FAVOR OR OPPOSITION:
None at the time of writing this staff report.
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Residential single family
South:
Agticultural
East:
Tuskawilla Road, and further east pasture and buildings of the now closed
Hi-Flavor :Meat Plant.
West:
Tuskawilla Trails Mobile Home Property
PLANNING & ZONING BOARD
February 19, 2001
REZ-2-2001
Page 3 of 10
P &Z Agenda Item IT A
April 4, 2001
Page 4
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: "Moderate Density"(3.6-6.5 DU per acre)
Requested: "Town Center"
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
"Lower Density Residential"(1.I-3.5 DU per acre), "Moderate Density
Residential"(3.6-6.5 DU per acre), and "Town Center".
South:
"Lower Density Residential"(1.I-3.5 DU per acre).
East:
"Town Center", "Industrial"
West:
"Lower Density Residential"(1.I-3.5 DU per acre).
E. ZONING OF SUBJECT PROPERTY:
Existing:
(County) A-I "Agriculture"
Requested:
"Town Center Distti.ct"
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
A-I County
South:
PUD "Planned Unit Development"
East:
(County) A-I Agriculture and M-l
West:
R-T Mobile Home Park
PLANNING & ZONING BOARD
February 19, 2001
REZ-2-2001
Page 4 of 10
P &Z Agenda Item IT A
April 4, 2001
Page 5
II. REZONING ANALYSIS:
A. .mSTIFICA TION FOR REZONING:
1. The applicant wishes to develop the property according to the new Town Center
regulations i.e. T-C Zoning District.
2. The applicant's proposed rezoning to City Zoning Map designation ofT-C "Town
Center" Zoning District creates and opportunity for an in-town residential
presence, which is what the Concept Plan of the Town Center advocates. The in-
town residential presence is meant to assure a continued market for the shops and
offices of the T O",TI Center.
B. PUBLIC FACILITIES:
1. ROADS/TRAFFIC Crn.CULATION:
a. Availability of Access:
Access is to Tuskawilla Road.
b. Function Classification:
Tuskawilla Road is classified as an urban minor arterial by FDOT and as
arterial by Seminole County.
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 City of Winter Springs Land Development
Code, Chapter 9 and the Town Center District Code, Chapter 20.
PLANNING & ZONING BOARD
Febl1lary 19, 2001
REZ-2-2001
Page 5 of 10
P&Z Agenda Item IT A
APlil4, 2001
Page 6
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEl\I1ENT,
POT ABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The developer would tap into the 12 inch water main that lUllS along
Tuskawilla Road that runs just in front of the subject property.
SANIT ARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The developer would tap into the line at the northeast point of Oak Forest
Subdivision.
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Not required.
PLANNING & ZONING BOARD
Febmary 19, 2001
REZ-2-2001
Page 6 of 10
P &Z Agenda Item IT A
April 4, 2001
Page 7
DRAINAGE/STORMW A TER:
a. Facilities serving the site.
None. No stmctural drainage system.
b. Improvements/expansions needed as a result of proposed amendment:
When the property is developed, it must meet Sec. 9-241 of the City Code
and SJR WMD and other applicable requirements. Post development
mnoff cannot exceed pre-development mnoff. (Use 25 year, 24 hour storm
event for design). There must be a clearly recorded easement for the
infrastmcture. The easement must be definitive for maintenance of
stmctural 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.
PLANNING & ZONING BOARD
Febmary 19, 2001
REZ-2-2001
Page 7 of 10
P &Z Agenda Item IT A
April 4, 2001
Page 8
b. Improvements/expansions needed as a result of proposed amendment:
The property would involve a residential component; hence there would be
a requirement for recreational facilities or payment in lieu per Goall,
Objective E, Policy 1 of the Recreation and Open Space Element in the
Comprehensive Plan.
4. FIRE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 4 minutes from Fire Station #26.
5. POLICE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None.
PLANNING & ZONING BOARD
February 19, 2001
REZ-2-2001
Page 8 of 10
P &Z Agenda Item IT A
Aplil 4, 2001
Page 10
B. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of tlle proposed use resulting from the change of Zoning Map
designation from (County) A-I "Agriculture" to City T-C "Town Center Zoning District"
to the surrounding properties should be minimal in view of the following:
o 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.
o The proposed rezoning of the property from county A-I "Agriculture" to City T-C
"Town Center Zoning District" is compatible with the existing land use of adjacent
properties. The adjacent property to the west and north of the subject property is
largely vacant with a few houses to the north. It is compatible with Oak Forest
Subdivision to the south because of the buffer provided by the retention pond between
Oak Forest and the proposed residential subdivision on the subject property to be
known as Avery Park.
III. FINDINGS:
o 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 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.
P&Z Agenda Item IT A
April 4, 2001
Page 10
e
The proposed rezoning of the property from County A-I "Agriculture" to City T-C
"Town Center Zoning District" is compatible with the existing land use of adjacent
properties. The adjacent property to the west and north of the subject property
largely vacant with a few houses to the north and compatible with Oak Forest
Subdivision to the south because of the buffer provided by the retention pond
between Oak Forest and the proposed residential subdivision on the subject
property to be known as Avery Park.
STAFF RECOM:MENDA TION:
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 the proposed change of zoning from County A-I "Agriculture"
to City T -C "Town Center Zoning District"
ATTACHMENTS:
A. Ordinance # 2001-27
B. Location map of subject par?el
C. Legal description of the property
D. Letter of authorization
\
ATTACHMENT A
ORDINANCE 2001-27
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING
THE ZONING MAP DESIGNATION OF AN
APPROXIMATELY 38.37 ACRE PARCEL LOCATED
ON THE WEST SIDE OF TUSCA WILLA ROAD
ACROSS FROM THE FORMER HI-FLAVOR MEAT
PLANT BOUNDED ON THE NORTH SIDE BY MILKY
WAY A VENUE TO "TOWN CENTER"; PROVIDING
FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance; and
WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of
Planning and Zoning Board, Staff, citizens, and all interested parties submitting written and oral
comments and supporting data and analysis, and after complete deliberation, hereby finds the
requested change consistent with the City of Winter Springs' Comprehensive Plan and that
sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs, Florida.
City of Winter Springs
Ordinance No, 2001-27
Page I of 3
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as findings of the City Commission of Winter Springs.
Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter
Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include
a change of classification to City of Winter Springs "Town Center" for the property legally described
and depicted as Property Two on Exhibit "I ", which is attached and incorporated herein by this
reference. City Staff shall cause the map to be amended if this Ordinance becomes effective
pursuant to Section 5 of this Ordinance.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All pnor
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether fo'r substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall become effective upon the effective date of
Ordinance 2001-20. If Ordinance 2001-20 does not become effective, then this Ordinance shall
become null and void.
City of Winter Springs
Ordinance No, 2001-27
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the26th day of March, 200 I.
ATTEST:
Paul P. Partyka, Mayor
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\DOCSICity ofWinler SpringslOrdinanceslCHC Dev, zoning2,kj
City of Winter Springs
Ordinance No, 2001-27
Page 3 of 3
LEGAL DESCRIPTION
LOTS 25 THROUGH 32. 39 THROUGH 48. 56 THROUGH 64 THOSE PORTIONS OF
LOTS 37. 38. 53. 54 AND 55 LYING WEST OF TUSCAWILLA ROAD. TWSCAWILLA.
AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1. PAGE 5. PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA. TOGETHER WITH ALL RIGHTS OF
WAY LOCATED ADJACENT TO THE ABOVE LOTS AS VACATED BY RESOLUTION
RECORDED IN OFFICIAL RECORDS BOOK 1050. PAGE 401. PUBLIC RECORDS
OF SEMINOLE COUNTY. FLORIDA. LESS THE EAST HALF OF THE RIGHT OF
WAY LYING ADJACENT TO LOTS 25 AND 26 ON THE WEST AND LOTS 23 AND
24 ON THE EAST:
LESS AND EXECPT FROM THE ABOVE,THE FOLLOWING:
THOSE PORTIONS OF LOTS 37.38.53. 54 AND 55. TAKEN FOR ROAD RIGHT
OF WAY FOR TUSCAWILLA ROAD DESCRIBED IN ORDER OF TAKING RECORDED
IN OFFICIAL RECORDS BOOK 3603. PAGE 1095. PUBLIC RECORDS OF
SEMINOLE COUNTY. FLORIDA.
CONTAINS 38.37 ACRES +/-.
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PROPERlY ONE
'PROPERTY TWO
Property
Boundary Map
BoWYER
SiNGLETON
& AssOCIATES, INCORPORATED
(HCJH((.UHC . "lANH.He . SUfty('tU"C . [HV'''ON..(Hr....
Prepared For:
CHC Development Co., Inc.
520 SOUTH MAGNOUA AVENUE
ORlANDO. FLORIDA 32801
, (407) 843-5120
FAX 407-649-8664
EXHIBIT
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Tuskawilla
Road Site
Comprehensive Policy
Plan Amendment.
7-20-00
TSWT
ATTACHMENT B
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ATTACHMENT C
LEGAL DESCRIPTION
LOTS 25 THROUGH 32. 39 THROUGH 48. 56 THROUGH 64 THOSE PORTIONS OF
LOTS 37. 38. 53. 54 AND 55 LYING WEST OF TUSCAWILLA ROAD. TUSCAWILLA.
....
AS SHOWN ON D.R. MITCHELL'S SURVEY OF THE LEVY GRANT. ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1. PAGE 5. PUBLIC
RECORDS OF SEMINOLE COUNTY. FLORIDA. TOGETHER WITH ALL RIGHTS OF
WAY LOCATED ADJACENT TO THE ABOVE LOTS AS VACATED BY RESOLUTION
RECORDED IN OFFICIAL RECORDS BOOK 1050. PAGE 401. PUBLIC RECORDS
OF SEMINOLE COUNTY. FLORIDA. LESS THE EAST HALF OF THE RIGHT OF
WAY LYING ADJACENT TO LOTS 25 AND 26 ON THE' WEST AND LOTS 23 AND
24 ON THE EAST;
LESS AND EXECPT FROM THE ABOVE THE FOLLOWING;
THOSE PORTIONS OF LOTS 37.38.53. 54 AND 55. TAKEN FOR ROAD RIGHT
OF WAY FOR TUSCAWILLA ROAD DESCRIBED IN ORDER OF TAKING RECORDED
IN OFFICIAL RECORDS BOOK 3603. PAGE 1095. PUBLIC RECORDS OF
SEMINOLE,COUNTY. FLORIDA.
CONTAINS 38.37 ACRES +/-.
~
CITY OF WINTER SPRI.'NGS
LETTER OF AUTHORlZATION
LEGAL DESCRIPTION OF PROPERTY
TO'M1Ship (T)...lL, Range (R)~, Section (5) ~ Block (B) 0000, LotIParcel 0250
Subdivision Name and Number: Tuskamlla
Metes and Bound Lellal: Attached
~ [(){JJ Attach and inirial if necessary,
STATE OF: FLORIDA
COD"NTY OF: SEMINOLE
I, L. D. Plante. Inc. . the simple fee O""Der of the above described property, hcreby
authorize Carl H. Cahill of CHC Develocment Co.. Inc., to se...~e as 2.gent on my
behalf and in stead for the purpose of making and executing, at the Clgcnt's discretion, an
application or applications for developm~t permit approval by the City of Winter Springs,
Florida on the aforementioned properry including, but not limited .to. applications for
annexation, special exception., conditional use permit, c:::>mprehe.:'lSive pla.'1 amendment,
zoning amendment. subdivision of land, city code: variance and waiver reques-..s, street a.iC
plat vacations, PUD approval. site plan approval, and engine---:ing a..'1d building permit
approval. Any reprc~c:ntation made: on my behalf by my authorized agent shall be le~ally
binding on me and my aforesaid property as if J myself had made said re?rese:ltations, and
the City of Vrmter Springs has the right to rely on said representations in approving or
disapproving any aforesaid 3pplic:ation for development on my ~esaid prapen)'.
. 1.. , V. X.4;o..JIE: / ,tJQ.,.
OWLPf~
(Signature ofOwnerj
Sworn to and subsc:;i.b.ed before me
this~ \ st day or .jl,.Al\e.. . ~o()
dklili 1'll.4tJML1cm
NOTARY ~YBL~C. ,State ofFiorida .
My COrTUnlsslOn .t.xplrcs:, ~III.11/ml/))/I/lI.I'
.....:J.y ~Il Shirley M. Pan~11 , : :
PersonaIIy Known ( ../)' OC. NoW)' t'\Ibli:.SwrofFlor* '.
. _ '. .. "No CC 6043972 ' .uType oflde..'1tl!lcation Pro Q"~~~06/11120(1l::
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