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Home My WebLink About2012 12 10 Regular 600 - Resolution 2012-43, Winding Hollow Lot Split COMMISSION AGENDA Informational Consent ITEM600 Public Hearings Regular X December 10, 2012KSRS Regular MeetingCity ManagerDepartment REQUEST: Community Development Department-Planning Division requests that the City Commission consider approval of Resolution 2012-43, which would divide a parcel of real property, located on the southwest corner of S.R.434 and Winding Hollow Boulevard, into two separate lots. SYNOPSIS: The purpose of this agenda item is for the City Commission to consider approval of a lot split resolution to divide real property as depicted and described on the attached Sketch of Description. The applicant wishes to divide an existing 4.12 acre parcel into two (2) lots, one 1.27 acre lot fronting S.R. 434 (herein referred to as the "434 Frontage Lot") and one 2.9 acre lot fronting Winding Hollow Boulevard (herein referred to as the "Interior Lot"). The Applicant has preliminarily indicated that they desire to permit and construct an office park on the Interior Lot and the existing property owner will retain ownership of the 434 Frontage Lot for future development. If the City Commission desires to approve the lot split resolution based on the applicant's request, Staff is recommending that several conditions be imposed by development agreement in order to support compliance with several lot split criteria set forth in Chapter 9, City Code. CONSIDERATIONS: APPLICABLE CODE: City Code of Ordinances, Chapter 9 – Land Development Section 9-1. Definitions. Section 9-2. Division of land; City Commission approval required. Section 9-3. Dividing platted property. Regular 600 PAGE 1 OF 5 - December 10, 2012 Section 9-4. Waiver to subdivision requirements. Section 9-10. General Criteria for Approval. Section 9-11. Lot Splits. City Code of Ordinances, Chapter 20 – Zoning City Code of Ordinances, Chapter 20, Article VI – State Road 434 Corridor Vision Plan. City of Winter Springs Comprehensive Plan Section 2(b), Article VIII, of the State Constitution Chapter 177, Florida Statutes. Chapter 197, Florida Statutes (Section 197.333 When taxes due; delinquent). Ordinance No. 2006-11 CONSIDERATIONS: 1. General. The 4.12 acre site is located on the southwest corner of Winding Hollow Boulevard and S.R. 434 and has both “Commercial” and “Conservation Overlay” Future Land Use designations and C-2 (General Commercial) zoning. There are no minimum lot standards associated with the existing C-2 (General Commercial) zoning designation. The subject property includes a conservation area on the northeast portion of the site. Because the 434 Frontage Lot is within the conservation overlay, an environmental impact study will be required during development review to determine exact boundaries of conservation areas. In addition, the entire parcel is currently located within the City’s S.R. 434 Corridor Overlay District. As such, the development of the entire property is currently subject to the New Development Overlay design standards described within Code of Ordinances, Chapter 20, Division 2. – General Design Standards for New Development Area. The subject property abuts the entry to the Winding Hollow subdivision, which has R-1A zoning. Potable water and sanitary sewer are available to the site. 2. Lot Split Criteria. The Applicant is required to demonstrate that the lot split application is consistent with the criteria set forth in Section 9-10 as follows: (a) The application is in compliance with the provisions of this chapter and applicable law. (b) The application is consistent with the city’s comprehensive plan and applicable city master plans. (c) The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city commission. (d) The application does not create any lots, tracts of land or development that do not conform to the city code. (e) The applicant does not create burdensome congestion on the streets and highways. (f) The application promotes the orderly layout and use of land. (g) The application provides for adequate light and air. (h) The application does not create overcrowding of land. (i) The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. (j) The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. Regular 600 PAGE 2 OF 5 - December 10, 2012 3. Staff Analysis. Staff finds that the application, as submitted by the Applicant, presents several concerns regarding compliance with the City's lot split Code criteria. Particularly, Section 9-10 (c) requires that the application be generally compatible and in harmony with the surrounding neighborhood. Further, Section 9-10 (e) requires that the application does not create burdensome congestion on the streets and highways. In addition, Section 9-10 (f) requires that the application promote the orderly layout and use of land. Furthermore, Section 9-10 (j) provides that applications must provide for proper ingress and egress through a public street. The applicant is requesting that a C-2 (General Commercial) lot along S.R. 434, and located at the entrance of Winding Hollow, be split into two (2) lots. One lot (434 Frontage Lot) will remain along S.R. 434 and the other lot (Interior Lot) will become internal to the Winding Hollow Subdivision relative to using the only access road (Winding Hollow Boulevard) to the subdivision. As such, if the proposed application is approved, Staff believes that the future access to the Interior Lot will be significantly impacted because the Interior Lot will no longer have direct access to State Road 434 and this Interior Lot could present future compatibility issues related to whether all of the C-2 permitted uses are appropriate for a lot which no longer has access to State Road 434. In essence, if the lot split is approved, the Interior Lot will be solely dependent on Winding Hollow Boulevard for access and will have to share access with the entire Winding Hollow subdivision. Additionally, the C-2 (General Commercial) zoning district lists several permitted and intense commercial uses which may not be compatible, from a land use and traffic perspective, with the proposed Interior Lot, especially since it will no longer have direct access to State Road 434. The applicant has preliminary indicated verbally to Staff that the development of the Interior Lot would be used for single story offices comprised of six (6) buildings and approximately 19,000 square feet of space. Staff finds that office use for the Interior Lot would significantly mitigate against any adverse traffic impact or compatibility concerns with the Winding Hollow Subdivision. However, there are currently no guarantees that the Interior Lot will be developed as an office use. Thus, if the Applicant's office space proposal fell through, and the City Commission were to approve the lot split without conditions, the Interior Lot could potentially be developed with a far more intense and incompatible commercial use under the current C-2 (General Commercial) zoning regulations, thereby causing significant development concerns for the Winding Hollow Subdivision. In addition, if the lot split application were approved, the Interior Lot would no longer abut State Road 434 and therefore, the Interior Lot would technically no longer be subject to the S.R. 434 General Design Standards for New Development Area. This result was not intended at the time these Standards were originally approved and not applying these Standards to the Interior Lot may negatively impact, at the time of development, the compatibility of the future development of the Interior Lot with the 434 Frontage Property and the Winding Hollow Subdivision. Therefore, if the City Commission decides to approve the lot split resolution, Staff recommends that the approval be subject to several conditions to safeguard Winding Hollow Boulevard and the Winding Hollow Subdivision. These conditions must be memorialized in a binding development agreement with the Applicant. The conditions Regular 600 PAGE 3 OF 5 - December 10, 2012 being recommended by Staff are as follows: 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the Interior Lot; 2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1 (Neighborhood Commercial); 3) The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. Lastly, if the recommended conditions are imposed as a condition of approving the lot split resolution, Staff finds that the remaining lot split criteria would be satisfied. If the lot split resolution is approved subject to the conditions, the resolution will be recorded simultaneously with the binding development agreement. The administrative rezoning of the property will occur thereafter. FISCAL IMPACT: There is no immediate fiscal impact directly associated with this agenda item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that if the City Commission approves the Lot Split Resolution, the approval should be subject to the following conditions be memorialized in a binding development agreement which will be recorded against the Interior Lot simultaneously with the recording of the Lot Split Resolution: Regular 600 PAGE 4 OF 5 - December 10, 2012 1) The Applicant shall be required to submit permit applications to permit and develop an office park on the Interior Lot; 2) The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1 (Neighborhood Commercial); 3) The Applicant shall consent the Interior Lot being subject to the S.R. 434 General Design Standards for New Development Area; and 4) The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. ATTACHMENTS: A.Location Map B.Sketch of Description C.November 7, 2012 Planning & Zoning Board Minutes D.Resolution 2012-43 Regular 600 PAGE 5 OF 5 - December 10, 2012