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Home My WebLink About2013 01 28 Public Hearing 502 - Ordinance 2012-21, Weaver Property Large-Scale Future Land Use Amendment COMMISSION AGENDA Informational Consent ITEM502 Public Hearings X Regular January 28, 2013KSRS Regular MeetingCity ManagerDepartment REQUEST: The Community Development Department – Planning Division requests that the City Commission hold a Public Hearing for the Second Reading and Adoption of Ordinance 2012-21, a Large-Scale Future Land Use Map Amendment, Expedited State Review (ESR 13-1), which proposes to change the Future Land Use Map designation from “Rural Residential” and “Conservation Overlay” to “Low Density Residential” and “Conservation Overlay” for approximately 19.1 acres, located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run. SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Large-Scale Future Land Use Map Amendment, Expedited State Review (ESR 13-1), which if approved, would change the Future Land Use Map designation for an approximate 19.1 acre parcel located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run from “Rural Residential” and “Conservation Overlay” to “Low Density Residential” and “Conservation Overlay”. The applicant has indicated that the subject property is a major portion of the development of a single-family residential subdivision that is proposed to be developed partially in the City of Winter Springs, and partially in the City of Oviedo. CONSIDERATIONS: Background Data: On December 17, 2012, the Community Development Department – Planning Division transmitted Ordinance 2012-21 to the Florida Department of Economic Opportunity. Public Hearings 502 PAGE 1 OF 10 - January 28, 2013 Subsequently, Staff received letters from the following state agencies regarding the proposed amendment: Florida Department of Economic Opportunity  Florida Department of Transportation  Florida Department of Education  St. Johns River Water Management District  Florida Department of Environmental Protection  Florida Department of State  Each of the abovementioned agencies identified no comments related to important state resources or facilities. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) 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… (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required… Florida Statute 163.3187 Amendment of adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General; Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30. Authority, purpose and intent; Section 15-35. Review Procedure; Section 15-36. Review criteria; Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. Applicant – Dwight Saathoff: American Land Investments of Central Florida, LLC. Location – north side of State Road 434, west of the intersection of DeLeon Street and Cress Run. Public Hearings 502 PAGE 2 OF 10 - January 28, 2013 Site Information – The approximate 19.1 acre parcel currently has a “Rural Residential”, and “Conservation Overlay” future land use designation. The applicant has petitioned the City to change the future land use designation of the parcel to “Low Density Residential”, and “Conservation Overlay” in order to develop a single-family residential subdivision on the property. PARCEL Property Address: No existing address Property Owner: Donald E. Weaver, as Trustee of the Donald E. Weaver Revocable Trust dated June 29, 1984 Applicant Address: 5535 Osprey Isle Lane, Orlando, FL 32819 Property Appraiser Parcel I.D.: 03-21-31-300-0090-0000 Property Acreage: Approximately 19.1 acres Property Legal Description: LEG SEC 03 TWP 21S RGE 31E W 1/2 OF SW 1/4 OF NW 1/4 Existing Zoning: City of Winter Springs R-C1 (Single-family dwelling district) Current Future Land Use: Rural Residential, Conservation Overlay Proposed Future Land Use: Low Density Residential, Conservation Overlay Existing Land Uses –The property is currently undeveloped. Portions of the property are currently being utilized for the growing and harvesting of palm trees. According to the Phase I Environmental Site Assessment, a shed was utilized for the storage of fertilizers on the property. The western portion of the property contains a 100-foot by 100-foot parcel where a cellular tower is located. Within the cellular tower parcel, there is an emergency generator with an aboveground diesel fuel storage tank. Additionally, there is a Conservation Overlay over the southwestern portion of the property. Per the City’s Comprehensive Plan, the Conservation Overlay is “not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary.” Adjacent existing land uses, zoning and future land use designations include the following: Public Hearings 502 PAGE 3 OF 10 - January 28, 2013 Existing Land Uses Zoning Future Land Use Subject Property Undeveloped with a palm tree City of Winter City of Winter growing and harvesting Springs R-C1 Springs “Rural Residential” operation, cellular tower(Single-family and “Conservation Overlay” dwelling district) North City of Winter Springs City of Winter City of Winter Springs “Public/Semi-public” Solary Canal stormwater Springs R-C1 treatment facility (Single-family dwelling district) South Undeveloped City of Winter City of Winter Springs C-1 Springs “Commercial”, “Cons (Neighborhood ervation” and “Conservation Commercial) Overlay” East Warehouse/storage facility, City of Winter City of Winter vacant two-story single-family Springs R-C1 Springs “Rural home(Single-family Residential”, Seminole dwelling district), County Rural 3 Seminole County A- 3 (Agriculture) West Single-family residential City of Winter City of Winter subdivision (Barrington Springs C-1 Springs “Commercial”, “Low Estates), commercial use (Neighborhood Density Residential” consisting of a daycare centerCommercial), R-1A (Barrington Estates: density (One family of 1.88 dwelling units per dwelling district) acre). Development Trends – This parcel is undeveloped and has been utilized for the growing and harvesting of palm trees. The parcel to the north is owned by the City of Winter Springs and is the site of the Solary Canal stormwater treatment facility. The parcel to the south consists primarily of undeveloped lands characterized by wooded areas, and is the subject of a proposed Small-Scale future land use amendment being considered under Ordinance 2012- 19. The parcels to the east consist of a vacant two-story single-family residence that is located in Seminole County, and a warehouse/storage facility that is located within the City of Winter Springs. The property immediately to the west is located within the City of Winter Springs and consists of a single-family residential subdivision known as Barrington Estates, which has approximately 110 lots. Barrington Estates was developed at a density of 1.88 dwelling units per acre. Based on a Conceptual Plan submitted by the applicant as a point of discussion, the subject property is proposed to be developed at a density of 2.14 dwelling units per acre (41 lots proposed / 19.1 acres = 2.14 dwelling units per acre). Beyond the adjacent parcels, the surrounding area has trended toward low density single- family development. The subject property has a current future land use designation of “Rural Residential” and “Conservation Overlay”. Proposed Future Land Use Classification – The proposed change in the future land use designation to “Low Density Residential” and “Conservation Overlay” will permit up to a maximum of 3.5 units per gross acre on the developable portions of the property. The current designation of “Rural Residential” and “Conservation Overlay” permits a maximum of 1 (one) dwelling unit per acre on the developable portions of the property. Based on a Public Hearings 502 PAGE 4 OF 10 - January 28, 2013 conceptual plan that the applicant presented to staff as a point of discussion, a majority of the property will be developed as single-family residences that will be part of an overall residential subdivision that will be developed in both the City of Winter Springs and the City of Oviedo. The applicant has indicated the entire project will be developed with the same density as the subject parcel. The southwestern portion of the site where the existing conservation overlay designation is located will remain in preservation. The remainder of the development will be located on adjacent parcels, one of which is located in the City of Winter Springs, and the remaining parcels are located in the City of Oviedo. According to the application received by the City, no wetland impacts are anticipated. If during the design phase any such impacts are unavoidable, the applicant will be required to mitigate said impacts in accordance with all applicable laws. Development of this property as single- family residences, and retaining the remaining conservation overlay designation appears to be the highest and best use of the property. Letters/Phone Calls In Favor Or Opposition – To date, the City has not received any letters or phone calls in favor or opposition. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation is “Low Density Residential” and “Conservation Overlay” from “Rural Residential” and “Conservation Overlay”. The applicant has applied for the future land use amendment in order to develop the subject property as part of a single-family residential subdivision that is proposed for development in both the City of Winter Springs and the City of Oviedo. The proposed use and density is compatible with the surrounding area, as it generally characterized by low density residential development patterns. Public Facilities: ROADS/TRAFFIC CIRCULATION: The portion of State Road 434 that the property is closest to contains two lanes and has access to the State Road 417/Greeneway beltway, which is approximately one (1) mile to the west of the subject property. A conceptual plan that was presented to staff for discussion purposes shows an internal road will be developed on the property. This road is proposed for development in both the City of Winter Springs and the City of Oviedo. Lots on the subject property are proposed to have frontage on this street. This street is proposed to service the entire development which the subject property is proposed to be part of. Availability of Access: A Conceptual Plan that was provided by the applicant as a point of discussion shows the parcel being interconnected to an adjacent parcel which is proposed at this point to have access to DeLeon Street, a Seminole County local road. Access to the State Road 417/Greeneway is approximately one (1) mile to the west. As previously mentioned, these lots will have frontage on an internal street which is proposed to be developed in the City of Oviedo and the City of Winter Springs. Function Classification: Public Hearings 502 PAGE 5 OF 10 - January 28, 2013 State Road 434 is a principal arterial that runs north from Edgewater Drive near Orlando to Altamonte Springs, then east to Oviedo, and then south to East Colonial Drive. Within this portion of the City of Winter Springs, State Road 434 is a two-lane roadway. According to the City’s Comprehensive Plan, the level of service (LOS) on this portion of State Road 434 is ‘F’. According to the traffic study that was submitted by the applicant, under the current “Rural Residential” future land use designation, the property could be developed with a maximum of 19 residential units (1.0 dwelling units per acre x number of acres). The proposed change to “Low Density Residential” would permit up to 3.5 dwelling units per acre on the property. This future land use designation allows up to a maximum of 67 units on the property (3.5 dwelling units per acre x 19.1 acres =). Based on a Conceptual Plan submitted by the applicant as a point of discussion, the subject property is proposed to be developed at a density of 2.14 dwelling units per acre (41 lots proposed / 19.1 acres = 2.14 dwelling units per acre). If the subject parcel itself was the only property proposed for development, there would be an increase in the total amount of trips on the adjacent roadways. According to the conclusion provided in the traffic study, development of the subject property and the adjacent parcels as a single-family residential subdivision will result in a net decrease of 3,852 new daily trips and 357 new P.M. peak hour trips on State Road 434. POTABLE WATER: City water lines are available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend water lines to the subject property. WASTEWATER City sewer service is available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend sewer service to the subject property. RECLAIMED WATER: Facilities serving the parcels: None currently. ELECTRIC SERVICE: Facilities serving the parcels: None currently. The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of service. A future land use change will not impact current electric rates. SOLID WASTE: Facilities serving the parcels: None currently. The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area. STORMWATER MANAGEMENT: Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John’s River Water Management District (SJRWMD) criteria. POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road. Response times are Public Hearings 502 PAGE 6 OF 10 - January 28, 2013 averaged monthly. FIRE: Seminole County is responsible for fire protection. City Hall currently houses a fire station with a response time of 5 to 8 minutes to this area. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES : The change in designation from “Rural Residential” and “Conservation Overlay” to “Low Density Residential” and “Conservation Overlay” will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the “Low Density Residential” future land use designation, and the subject property is surrounded primarily by residential uses designed in low density land use patterns. NATURAL RESOURCES COMPATIBILITY: The subject property includes a conservation overlay on the southwestern portion of the site. Because there is a conservation overlay on a portion of the property, an environmental impact study has been submitted to determine exact boundaries of conservation areas. This study was part of the transmittal package to the Florida Department of Economic Opportunity (DEO) and all associated review agencies. SOILS The parcel consists of Basinger, Samsula and Hontoon Soils, Depressional, and Basinger and Delray fine sands. Basinger, Samsula and Hontoon Soils, Depressional soils are nearly level, very poorly drained that are found in swamps and depressions. According to the Environmental Impact Study that was submitted: “the surface layer of Basinger soil consists of very dark gray mucky fine sand about six (6) inches thick. Samsula surface layer is muck that is about 30-inches thick. The surface layer of Hontoon soil consists of dark reddish brown much about 18-inches thick. During most years, the undrained areas of the soils in this map unit are ponded for 6 to 9 months or more. The permeability of this soil unit is rapid.” “Basinger and Delray sands are nearly level, poorly drained soils found in sloughs and poorly defined drainageways. The surface layer of Basinger soil consists of very dark gray fine sand about five (5) inches thick. The surface of Delray soil consists of black fine sand about 12-inches thick. During most years the seasonal high table for this soil type is within 12-inches of the surface for 6 months or more. The permeability of Basinger soil is rapid. The permeability of Delray soil is rapid in the upper part and moderate in the lower part.” FLOOD PRONE AREAS According to the Seminole County Property Appraiser’s records, the property is within flood zone “X”. Based on this, no areas of the property appear to be flood prone. It has been observed in the past that areas of the subject property are prone to ponding and therefore the southwestern portion of the property is shown on the Conceptual Plan that was presented by the applicant as a conservation area. HISTORIC RESOURCES No known historical resources are known to be located on the subject property. WILDLIFE Public Hearings 502 PAGE 7 OF 10 - January 28, 2013 The conservation overlay area noted on the City’s future land use map indicates the site may potentially contain protected wildlife habitat areas, in addition to hydric soils/wetlands and special vegetative communities. The environmental report that was submitted with the future land use amendment application indicates the existence of gopher tortoises on the property and the existence of four (4) bald eagle nests within one (1) mile of the subject property, well outside the required 660-foot no development buffer that is required around bald eagle nests. The Environmental Impact Study states the gopher tortoises will be re- located off-site to a Florida Fish and Wildlife Conservation Commission (FFWCC) approved recipient site. CONSISTENCY WITH THE COMPREHENSIVE PLAN: Future Land Use Element The Conceptual Plan that was presented by the applicant as a point of discussion proposes a density of 2.14 dwelling units per acre on the subject property. Per the Comprehensive Plan, the Low Density Residential future land use category permits up to a maximum of 3.5 dwelling units per acre. This residential category is characterized by detached single-family homes on one-quarter acre lots. This land use category is intended to be applied as a transitional land use where higher density residential land uses would conflict with existing adjacent neighborhoods. The surrounding area is generally characterized by low density residential uses. The single-family development to the west known as Barrington Estates was constructed at a density of 1.88 dwelling units per acre. The proposed future land use amendment is consistent with the Comprehensive Plan. The Conservation Overlay is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. There will be no future land use change to the portion of the property that has this designation. Therefore, the proposed future land use amendment is consistent with the Comprehensive Plan. The proposed future land use amendment is consistent with the following policies from the Future Land Use Element of the Comprehensive Plan: 1. Policy 1.1.8 – requires an Environmental Impact Study to be submitted which identifies the extent of all conservation areas and protected species on-site, and the impacts of development when a portion of a site is illustrated in the Comprehensive Plan as having a Conservation Overlay. The applicant submitted and Environmental Impact Assessment with the application. Additionally, results of the Environmental Impact Study will be further analyzed by staff during the development review process. 2. Policy 1.12.11 - requires areas determined to need protection through the Environmental Impact Study process to be placed into a permanent conservation easement prior to final development order approval. 3. Policy 1.3.1 - requires all development proposals to determine their specific impacts on current Level of Service (LOS) and mobility standards. 4. Policy 1.3.4 - requires the City to support proposed future land use map amendments Public Hearings 502 PAGE 8 OF 10 - January 28, 2013 with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands. 5. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate adjacent to arterial roads and mass transit systems. 6. Policy 1.7.1 - requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments. Transportation Element The proposed future land use amendment is consistent with the following policies from the Transportation Element of the Comprehensive Plan: 1. Policy 1.1.7 and Policy 1.11.5 – requires a Transportation Impact Analysis for all new development generating more than 300 total annual average daily trips. Conservation Element The proposed future land use amendment is consistent with the following policies from the Conservation Element of the Comprehensive Plan: 1. Policy 1.4.1 – requires the protection of the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map and the Conservation land use category, as defined in the Future Land Use Element. 2. Policy 1.4.6 – requires the incorporation of existing isolated wetlands into development projects as appropriate, provided the wetlands remain undisturbed and their natural functions are not impaired. : FINDINGS 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3. Considering the type and location of uses involved and the general character of the area, the change of the FLUM designation will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. 4. The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Large-Scale future land use amendment which re-designates the property from “Rural Residential” and “Conservation Overlay” to “Low Density Residential” and “Conservation Overlay” allows the subject property to be developed into a single- Public Hearings 502 PAGE 9 OF 10 - January 28, 2013 family residential subdivision. Development of the subject property will provide an increase to the City’s taxable property value. 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. Additionally, the applicant has met with the Barrington Estates homeowners association and the president of the Black Hammock Homeowners Association. RECOMMENDATION: Staff recommends the City Commission hold a public hearing for Second Reading and , Adoption of Ordinance 2012-21a Large-Scale Future Land Use Map Amendment, Expedited State Review (13-1 ESR), which proposes to change the Future Land Use Map designation from “Rural Residential” and “Conservation Overlay” to “Low Density Residential” and “Conservation Overlay” for approximately 19.1 acres, located on the north side of State Road 434, west of the intersection of DeLeon Street and Cress Run. In addition, staff recommends the Ordinance be submitted to the Florida Department of Economic Opportunity for adoption as required by Florida Statute 163.3184(3) Expedited State Review Amendment Process. ATTACHMENTS: A. Ordinance 2012-21 B. Winter Springs Amendment No. 13-1 ESR review comments C. Traffic Study D. Environmental Assessment E. Conceptual Plan F. Advertisement, Orlando Sentinel – January 17, 2013 G. Minutes, November 7, 2012 Planning & Zoning Board meeting Public Hearings 502 PAGE 10 OF 10 - January 28, 2013