Project Description
The Applicant (see Ownership Disclosure and Authorization forms attached as Exhibit 1), is requesting Text Amendments to the Comprehensive Plan to amend the Urban/Rural Boundary to remove 669.4 acres from the East Rural Area, a Large Scale Future Land Use Map Amendment and a Rezone to Planned Development (PD) in order to develop the subject property as a mixed use development consisting of 600 single-family residential lots, 270 townhome lots, 500 multi-family units and 1.5 million square feet of commercial and office uses (see Applicant’s “River Cross” narrative and conceptual site plan attached (Exhibit 2).
The Applicant is requesting amendments to the text and exhibits of the Comprehensive Plan to exclude the subject property from the East Rural Area and include it in the Urban Service Area. Amendments would be needed to the following exhibits:
• Future Land Use Map
• Future Land Use Pattern 2027
• FLU-Series – County Potable Water Service Areas and Treatment Plants
• Rural Boundary Map (2018 County Charter Amendment)
• Special Area Boundaries
• Urban/Rural Boundary
• Transportation Concurrency Exception Area – Dense Urban Land Area
• County Potable Water Service Areas and Treatment Plants
• Sewer Service Area
• Econlockhatchee River and Wekiva River Protection Areas and Wekiva Study Area
The proposed Text Amendments also include an amendment to the Future Land Use Element Legal Description for the Rural Area. Please see the proposed Ordinance (attached) amending the Comprehensive Plan for a full description of the proposed text amendments.
The Applicant is proposing a range of densities from two (2) dwelling units per acre to a maximum of thirteen (13) dwelling units per acre; and a maximum Floor Area Ratio (FAR) of 0.60 for the proposed commercial and office uses. The project proposes building heights ranging from 35’ for single family residential to 75’ for mixed use commercial and office. The Applicant’s narrative states that 15% of the residential units within the proposed project will be developed as affordable housing; however, no provisions are included within the proposed Draft Development Order or Master Development Plan (Exhibit 3) to ensure the development of affordable units, nor do the documents specify what income level would be served. In addition, the project narrative states that the proposed Development would provide a “21st Century Employment District” through the development of an “Innovation District” implemented by a possible partnership with the University of Central Florida (UCF); however, the proposed Development Order has no provisions or commitments regarding the requirement of target industry or high tech employment uses to ensure and maintain employment opportunities and the purported increased tax base, nor has any documentation been provided demonstrating such a partnership with UCF.
Please note that if the requested Comprehensive Plan Amendment to amend the Urban/Rural Boundary and the associated Future Land Use map amendment and PD rezone are approved by the Board of County Commissioners (BCC), the Home Rule Charter Rural Boundary Line will also have to be amended by Ordinance to remove the subject property from the East Rural Area.
The Ordinance to amend the Home Rule Charter Rural Boundary Line is included in this package for consideration but the intent is that this Ordinance will not be considered for adoption until the Comprehensive Plan Amendment for River Cross is adopted at the Adoption Hearing. To do so before the adoption of the Comprehensive Plan Amendment for River Cross would remove the property from the Charter Rural Boundary area without an urban Future Land Use designation and relinquish control of the density and intensity of development on the subject property, if annexed.
Project Location
The subject property is located in the East Rural Area of the County.
In 1991, the Board of County Commissioners created the East Rural Area of Seminole County, with the adoption of the 1991 Seminole County Comprehensive Plan Update (the “Plan”). Please see attached BCC Minutes, September 9 and 11, 1991 (Exhibit 4). This Plan update included three (3) rural future land use designations (Rural-3, Rural-5, and Rural-10); an urban/rural boundary; and supporting Comprehensive Plan Goal, Objectives, and Policies (GOPs). The purpose of these future land use designations and GOPS was to, among others: (a) establish agricultural primacy (Policy FLU 11.2); (b) provide for rural cluster development (Policy FLU 11.4); (c) provide for a scenic roadway overlay (Policy FLU 11.5); (d) identify methods for the provision of water (Policy FLU 11.10 and Policy POT 4.2) and sewer service (Policy FLU 11.11 and Policy SAN 4.5); (e) provide protection to natural resources (Policy FLU 11.14) and (f) provide for management of rural neighborhoods (Policy FLU 11.15).
Creation of the East Rural Area was based on recommendations from a study, known as the 1991 East Seminole County Rural Area Plan, commissioned by the Board to address an objection by the State Land Planning Agency that future development of the eastern portion of Seminole County at a density of one (1) du/acre without urban services and facilities would constitute urban sprawl in violation of the 1985 Growth Management Act (Chapter 163, FS).
In addressing the question of “why preserve the rural area?”, the East Rural Area Plan found that:
1. The development patterns clearly establish the character of this area as agricultural and rural residential.
2. The area has been planned as a large lot rural residential and agricultural area, beginning with the initial County Comprehensive Plan in 1977.
3. The County has not anticipated nor budgeted to provide urban services to this area of Seminole County and… “that if urban development is permitted in this area, the County will be obligated to serve it since the private development community, no matter how demanding the regulations, will not pay 100% of the costs of growth from a fiscal perspective.” (Citation: “East Seminole County Rural Area Plan”, August 1991, Glatting Lopez Kercher Anglin, Inc.)
4. The existence of the Econlockhatchee River and significant areas of wetlands and floodprone lands reflect the environmental sensitivity of the area.
5. East Seminole County is on the edge of urban development and farthest from employment, schools, and entertainment opportunities.
6. The East Rural Area provides a rural experience for its residents and visitors from local urban areas.
7. The East Rural Area provides important passive recreational opportunities suitable in a rural setting.
8. Preservation of this area will allow for and encourage the continuation of agricultural uses.
In addition to addressing the important question of “why preserve the rural area?”, the public policy reasons for maintaining the integrity of the East Rural Area and the present location of the Urban/Rural Boundary (which includes the Charter Amendment Boundary), include:
1. The Urban/Rural Boundary is an appropriate planning technique in ensuring cost-effective provision of public services, and clearly defines where urban uses will concentrate and where rural lands will be preserved. (“East Seminole County Rural Area Plan”, August 1991, Glatting Lopez Kercher Anglin, Inc., Page B-17)
2. The Urban/Rural Boundary serves to discourage urban sprawl and limit urban uses within the East Rural Area. (See: Section 163.3177(6)(a).9. b, Florida Statutes)
3. Within the East Rural Area, as defined by the Urban/Rural Boundary, eliminate the need for significant investments in capital improvements funding for urban facilities and services, such as public water and sewer systems, urban fire protection, and roadway improvements minimizing the impacts on County fiscal resources. (Citations: Potable Water Element of the Seminole County Comprehensive Plan: Policy FLU 11.10 Methods of Providing Potable Water Outside of the Adopted Urban Service Area (as depicted in Exhibit FLU: Special Area Boundaries); Policy FLU 11.11 Methods of Providing Sanitary Sewer Outside of the Adopted Urban Service Area (as depicted in Exhibit FLU: Special Area Boundaries); Policy FLU 11.12 Methods of Managing Stormwater.)
4. The Urban/Rural Boundary limits urban development that could negatively affect the Geneva Freshwater Lens (Bubble) area. Rural land use densities were established to help protect its recharge functions. (Citations: Conservation Element of the Seminole County Comprehensive Plan Policy CON 1.10 Geneva Freshwater Lens (Bubble) Protection and Summary Report from the Geneva Freshwater Lens Taskforce in response to the requirements of Section 373.4597, Florida Statutes)
5. The rural densities established for the East Rural Area, and protected by the Urban/Rural Boundary, provide protection to sensitive environmental resources such as the Econlockhatchee River, and maintain areas for stormwater management. (Citations: Policy FLU 1.10 Econlockhatchee River Basin Protection and Policy FLU 11.14 Protection of Natural Resources, particularly point C, sub-points 1 through 4 and point D.)
6. The Urban/Rural Boundary serves to protect and conserve natural resources in the County such as wetlands, floodplains, native vegetation, environmentally sensitive areas, and groundwater aquifer recharge areas. (Citations: Policy FLU 1.10 Econlockhatchee River Basin Protection and Policy FLU 11.14 Protection of Natural Resources)
7. The Urban/Rural Boundary prohibits land use patterns or timing which disproportionately increases the cost in time, money, and energy of providing and maintaining facilities and services, including roads, potable water, sanitary sewer, stormwater management, law enforcement, education, health care, fire and emergency response, and general government. (See: Section 163.3177(6)(9)(b), Florida Statutes.)
To further ensure accomplishment of the public policy benefit established by the East Rural Area, in 2004, the Board placed a referendum on the ballot asking the voters to decide if the Rural Boundary and Rural Area should also be added to the Seminole County Home Rule Charter. The proposed Charter Amendment designated a Rural Boundary, established a Rural Area, and provided that the Seminole County Comprehensive Plan control the density and intensity of development on all Rural Area lands, including properties within adjacent municipalities. In November 2004, Seminole County voters approved the referendum establishing a Rural Area and a Rural Boundary in the Home Rule Charter through a map and legal description.
Property History- Hi-Oaks East Large Scale Future Land Use Map Amendment Request
In 1990, prior to creation of the Rural Future Land Use designations and the Urban/Rural Boundary, the County received a Large Scale Future Land Use Map Amendment request from Suburban Estates to Low Density Residential, known as Hi-Oaks East, on substantially the same properties (Hi-Oaks East 663 acres, proposed River Cross 669 acres) as this request. Approval of the amendment would have allowed for a single family residential development (proposed as Hi-Oaks East) at a density of no more than four (4) dwellings per net buildable acre (Low Density Residential).
County staff did not recommend the proposed Amendment citing issues of incompatibility. The Seminole County Local Planning Agency recommended denial of the proposed Amendment. The Board of County Commissioners, at their first public hearing, voted to transmit the proposed Amendment to the Florida Department of Community Affairs, and other agencies, as required by law, for review and comment for a land use amendment to Planned Development instead of Low Density Residential).
The County received a number of petitions and letters of objection to the Amendment, including from the Florida Department of Community Affairs, contending that the Amendment would be incompatible with the existing suburban estates uses and inconsistent with the Plan policy to regulate future development to create compatibility. Additional comments included that the proposed Amendment would promote urban sprawl and will not protect the significant natural resources of the Econlockhatchee River. The East Central Florida Regional Planning and Orange County also cited incompatibility as a primary concern of the proposed Amendment.
On August 1990, the County received a letter of withdrawal from the Applicant based the economic and financial infeasibility of the project.
Site Analysis
Land Use:
The subject property is located in the East Rural Area of the County and has a Rural-5 Future Land Use designation and a zoning classification of A-5 (Rural Zoning Classification).
The lands included in the A-5 Rural District are located in the rural area of the County where urban services are minimal or nonexistent. The A-5 zoning classification permits such uses as rural residential, agricultural operations and attendant structures, barns, silos and riding stables.
Pursuant to the Seminole County Comprehensive Plan, the Rural-5 Future Land Use designation allows rural residential development at densities equal to or less than one (1) dwelling unit per five (5) net buildable acres, agricultural and attendant uses.
The Rural-5 land use is established to allow residential development on large lots and to accommodate the continuation of agricultural pursuits to:
1. Maintain the rural character of the area by developing at a very low intensity, by encouraging large areas to be left in a natural or open state, by reducing road congestion and the need for commercial services, urban public services and other uses beyond the needs of rural community;
2. Permit horses and other livestock on large residential lots;
3. Minimize conflicts with agricultural operations (e.g., traffic congestion, noise, odor and visual conflicts); and
4. Minimize planned and programmed expenditures for public facilities (e.g., roadway improvements, schools, fire and law enforcement protection, etc.).
The Future Land Use and zoning designations of the surrounding areas are as follows:
• East – Rural-5 and A-5 (1 du/5 Acres)
• West – Econlockhatchee River/Preservation/Managed Lands and PD (Zoning Expired)
• North – Rural-5 and A-5 (1 du/5 Acres)
• South – Orange County: Rural 1/10 (1 du/10 Acres)
Environmentally Sensitive Areas:
The subject property is located within the Econlockhatchee River Corridor Protection Zone and is subject to Objective FLU 1, and Policies FLU 1.9 and 1.10 of the Future Land Use Element of the Seminole County Comprehensive Plan; Policies CON 3.8 and 3.9 of the Conservation Element of the Seminole County Comprehensive Plan, as well as the development standards in Chapter 30, Part 57 of the Seminole County Land Development Code. The Econlockhatchee River is classified as an outstanding Water Body (OFW). An OFW is a waterbody designated worthy of special protection because of its natural attributes. The subject property is also located in the Geneva Freshwater Lens (Bubble Area) resource protection area, which pursuant to Policy Con 1.10 requires appropriate land use densities and intensities to protect its critical recharge functions.
Floodplain Impacts:
Based on FIRM map with an effective date of 2007, there appears to be approximately 311 acres of floodplains on the subject property.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be approximately 300 acres of wetlands on the subject property. The Application indicates approximately 275 acres of wetlands. A topographic survey showing wetland and floodplain delineations is required at Final Development Plan.
Endangered and Threatened Wildlife:
Based on a preliminary analysis, there are endangered and threatened wildlife on the subject property. The Applicant provided an Environmental Assessment by Bio-Tech Consulting Inc., which indicates that there were six (6) wildlife species that are listed in the official Florida Fish and Wildlife FFWCC’s Official Lists- Threatened Species and Species of Special Concern identified on the subject property: American Alligator, gopher tortoises, Florida Sandhill Crane, Little Blue Heron, White Ibis and Sherman’s Fox Squirrel.
Utilities:
The subject property is located outside of Seminole County’s existing permitted utility service area. Seminole County Comprehensive Plan Policy SAN 4.5 states that, “New development outside adopted central sewer service areas shall not be designed nor constructed with central water and/or sewer systems” and Policy POT 4.2 also states that, “New development outside adopted central service areas shall not be designed nor constructed with central water and/or sewer systems”. However, development densities and intensities as requested by the Applicant, would require connection to central water and sewer, which would in turn necessitate that the property be within the Urban Area and within the County's Water and Sewer Service Area. Data and Analysis is needed first to determine to demonstrate the availability of facilities and services.
Per the Seminole County Environmental Services (SCES) comments contained in the Development Review Committee (DRC) Comment Document (Exhibit 5), as part of the requested Urban/Rural Boundary Amendment, data and analysis is required to demonstrate the availability of facilities and services and the orderly, efficient and cost effective provision of service (Future Land Use Element Standards for Amending the Urban/Rural Boundary, Seminole County Comprehensive Plan). Such analysis would include compliance with Comprehensive Plan FLU Policies 5.4 and 6.4, related to the expansion of water and sewer services. The analysis would include but is not limited to the following:
1. Identification of necessary capital improvements to accommodate the needed expansion;
2. Evaluation of SCES reserved sewer treatment plant capacity at the Iron Bridge Wastewater Plant;
3. Review of contracted and hydraulic sewer capacity with the SSNOCWTA water transmission authority;
4. Review of water treatment capacity;
5. Analysis of the impact of expansion on the current system and users; and
6. Verification that water and sewer levels of service will continue to be met after expansion.
Environmental Services also notes that extending water and sewer service to the subject property would require amendments to the County’s Water and Sewer Master Plan and modifying the County’s Consumption Use Permit with St. Johns River Water Management District (SJRWMD).
Per the Seminole County Comprehensive Plan FLU policies 5.4 and 6.4 and the Location Analysis required as part of the Standards of Review for Amending the Urban/Rural Boundary, Environmental Services requested additional information and analysis as part of the Applicant’s request to amend the Urban/Rural Boundary and Future Land Use Map amendment. The Applicant has not provided the necessary data to address the required analysis.
In addition, supplying potable water and sanitary sewer utilities to the site would require crossing the Econlockhatchee River. Policy FLU 1.10 of the Comprehensive Plan states there shall be no additional crossing by road, rail or utility corridors unless the following three conditions are met:
1. There is no feasible and prudent alternative to the proposed crossing as determined by the County;
2. All possible measures to minimize harm to the resources of the Econlockhatchee River Basin will be implemented; and
3. The crossing supports an activity that is clearly in the public interest as determined by the County.
The Application does not demonstrate that these three conditions are met.
Based on the foregoing, the application is incomplete and compliance with the County’s Comprehensive Plan policies related to utilities cannot be established.
Transportation/Traffic:
A Transportation Analysis for the River Cross PD was prepared by VHB, Inc., dated May 1, 2018. There are multiple outstanding issues with this analysis:
1. The project development program shown in the Transportation Analysis differs from what is shown on the Master Development Plan (MDP). The Transportation Analysis lists an additional 80,000 square feet of office/commercial, and a 200 room hotel;
2. Under Permitted Uses in the draft Development Order a Public School is listed but is not acknowledged on the MDP or in the Transportation Analysis;
3. Near-term (2025) and long-term (2040) time frames are analyzed, however, the report does not make it clear if these are phases or if they describe the development program for each year/phase;
4. The Transportation Analysis indicates access to the site from CR 419 and from the south property line even though there is no existing road in this area;
5. In the area of the project, CR 419 currently operates at a satisfactory level of service and is not scheduled for improvement in the County 5-Year Capital Improvement Program; however, the near-term (2025) analysis that includes background and project traffic shows five roadway segments are projected to operate over capacity for daily conditions. These segments include:
• CR 419 from Lockwood Blvd to 2nd Street
• CR 419 from County Line Road to Colonial Drive/SR 50 in Orange County
• Mitchell Hammock Road from Oviedo Blvd to Lockwood Blvd
• McCulloch Road from Lockwood Blvd to Old Lockwood Road
• Lake Pickett Road from Percival Road to Tanner Road
1. The near term (2025) analysis notes the segments of Mitchell Hammock Road, McCulloch Road and Lake Pickett Road are already deficient before the project traffic is added to the background volumes;
2. The long-term (2040) analysis shows access to the project from CR 419 on the east side, and what appears to be an extension of McCulloch Road that reaches across the Econlockhatchee River eastward to CR 419 on the south side of the project. The extension of McCulloch Road is not in the County 5-Year Capital Improvement Program. The long-term (2040) analysis should be conducted again without the McCulloch Rd extension to determine the project’s traffic impacts on area roadways;
3. The current long-term (2040) analysis that includes background and project traffic shows six roadway segments are projected to operate over capacity for daily conditions. These segments include:
• CR 419 from Reed Road to Lockwood Blvd
• CR 419 from 2nd Street to Lake Pickett Road
• N Tanner Road from Lake Price Drive to Lake Pickett Road
• Mitchell Hammock Road from Oviedo Blvd to Lockwood Blvd
• McCulloch Road from SR 434 to Old Lockwood Road
• Lake Pickett Road from SR 50 to N Tanner Road
The analysis notes some of these segments will experience deficiency before the project traffic is added to the background traffic volumes.
1. The Application did not adequately address how the needed transportation improvements to support the proposed development would be funded or constructed and it does not appear that any coordination has occurred with Orange County. For example, the narrative states that the extension and four-lane widening of McCulloch Road from Old Lockwood Road to CR 419 is expected to be constructed as part of the Sustany and River Cross Developments. The Sustany project is not currently an approved or active project in Orange County, and the proposed River Cross Development Order does not make any commitments with regard to the Developer funding, constructing, or conveying right-of-way for the improvements to McCulloch Road;
2. For many years the proposed crossing of the Econ River has been an environmental concern for Seminole County. As early as 2009, the Board provided a letter to then Mayor Crotty expressing the County’s concern with respect to the potential extension of McCulloch Road east to CR 419. Since 2009, and as late as 2016, the County has submitted letters to Orange County (attached with Exhibit 5) consistently repeating these concerns when commenting on development proposals in Orange County in this area. Policy FLU 1.10.D of the Seminole County Comprehensive Plan, states the following: Forested habitat fragmentation within the Zone shall be limited, and there shall be no additional crossing by road, rail or utility corridors of lands located within the Zone unless the following three conditions are all met:
1. There is no feasible and prudent alternative to the proposed crossing as determined by the County;
2. All possible measures to minimize harm to the resources of the Econlockhatchee River Basin will be implemented; and
3. The crossing supports an activity that is clearly in the public interest as determined by the County.
Based on the foregoing, without the additional information, the report is incomplete and compliance with the County’s Comprehensive Plan policies related to transportation cannot be established.
Sidewalks:
As the proposed project is in the East Rural Area there are no off-site sidewalks that could connect to this site. The closest trail in this area is the Flagler Trail South that follows Tropical Avenue coming south out of Chuluota, then following Lake Mills Road to Fort Christmas Road which is a little under a mile away from the project site. If the Rural Boundary were amended, a 6-foot sidewalk along County Road 419 and all other collector roadways abutting the project property would be required, with a 5-foot sidewalk on all internal roadways to the development.
Drainage:
The proposed project is located within the Big Econlockhatchee Drainage Basin, and has downstream capacity. The site is within the Econlockhatchee River Protection Overlay and has specific design criteria per Chapter 30, Part 57, of the Seminole County Land Development Code. The site would have to be designed to hold water quality. The peak discharge rates for surface water management systems shall not exceed the pre-development peak discharge rate for the mean annual storm event (twenty-four (24) hour duration, two and three tenths (2.3) year return period, four and four tenths (4.4) inches of rainfall) and the twenty-five (25) year storm event (twenty-four (24) hour duration, eight and six tenths (8.6) inches of rainfall). Compliance with code requirements would be demonstrated with the Final Development Plan and/or Final Engineering.
Buffers:
The following buffers are proposed by the Applicant, which are inadequate to create compatibility with adjacent land uses.
Additional analysis regarding the proposed buffers and compatibility is provided below.
• North: Fifty (50) feet
• South: Twenty-Five (25) feet
• East: Fifty (50) feet
• West: 550 feet as required by the Econlockhatchee River Protection Overlay
Open Space:
The PD Development Order proposes to provide a minimum of twenty-five percent (25%) of open space and green space on the subject property. The proposed Development Order also states the development shall reserve a minimum of 100 acres for permanent conservation that shall be dedicated to St. Johns River Water Management District.
Public School Capacity Determination:
Seminole County Public Schools provided a School Impact Analysis School Capacity Determination (Exhibit 7) for the proposed project based on Concurrency Service Area (CSA) and Zoned Schools for the property. The Zoned Elementary and Middle schools are currently over capacity. However, per the adopted Interlocal Agreement between the School District and Seminole County, available school capacity is based on Concurrency Service Areas. The analysis concluded that the students generated by the project at the three Concurrency Service Area (CSA) levels would, at this time, be able to be accommodated without exceeding the adopted level of service (LOS) for each CSA by school type. The analysis notes this is a nonbinding review, the numbers are for informational purposes and as indicated in the analysis may not represent future conditions when final approval requires a School Capacity Availability Letter of Determination (SCALD) reservation letter from the School board.
Consistency with the Land Development Code
The proposed PD zoning designation and the associated Master Development Plan have been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 25.
The Applicant submitted an Application to rezone the subject property to Planned Development and went through one (1) review cycle with the Development Review Committee and chose not to resubmit to address Staff’s comments. Please see the attached DRC Comment Document dated May 30, 2018 (Exhibit 5) and letter from the Applicant, dated June 6, 2018 (Exhibit 6). The deficiencies in the Applicant’s submittal preclude a determination of consistency with the County’s Land Development Code requirements including Section 30.445(a), Master Development Plan Submittal Requirements, SCLDC and Section 30.442, Permitted Uses-PD, SCLDC).
In addition, the proposed PD zoning designation as submitted appears incompatible with the surrounding area and the trend of development in the area. The proposed PD with a maximum density of thirteen (13) dwelling units per acres, an intensity of 0.60 Floor Area Ratio (FAR) and a maximum building height of seventy-five (75) feet is incompatible with the surrounding future land use and zoning designations of Rural-5 (1 du/5 acres) and A-5 in Seminole County, as well as with the adjacent Orange County future land use designation to the south of Rural 1/10 (1 du/10 acres).
The A-5 Rural Zoning Classification permits rural residential uses and agricultural operations, therefore, the proposed urban uses within the PD could create conflict with the allowable agricultural uses on surrounding properties. Agriculture continues to play an important role in the State’s agricultural production, and agriculture, therefore, plays an important role in Seminole County’s economic base. According to the Department of Agriculture and Consumer Services:
• Small farms represent nearly 90% of all farms in Florida (small farms being defined as those producing up to $250,000 in sales). Nearly 87% of eastern Seminole County’s farms are classified as small farms;
• As of 2015, with 362 acres involved in citrus production, Seminole County produced 57,000 boxes of citrus fruit; and
• In 2016, Seminole County ranked 38th in Florida’s counties for beef production.
The property’s R-5 and A-5 future land use and zoning classifications serve to protect not only existing agricultural uses, but also potential agricultural operations.
The PD proposes buffers of only twenty-five (25) feet and fifty (50) feet, which are not sufficient to create compatibility between land uses and provide a clear separation between rural and urban uses. Thus, the proposed project does not support the objectives of the PD zoning designation because it does not provide adequate buffering and transitions to maintain compatibility between the proposed PD and surrounding uses.
Staff has determined that the proposed PD zoning designation and Master Development Plan are inconsistent with the Land Development Code and incompatible with existing uses and the trend of development in the area.
Consistency with the Comprehensive Plan
The County Comprehensive Plan Future Use Element contains standards of review for comprehensive plan amendments as well as standards for amending the Urban/Rural Boundary. All applications for a plan amendment are presumed to be a legislative function of local government and are evaluated based on timing, compatibility, and public facility considerations. The Applicant submitted documents and reports with the Application to address these standards and are found in:
• Exhibit 8: S&ME, Inc. report dated May 1, 2018
• Exhibit 9, RCLCO Real Estate Investors report dated April 13, 2018
• Exhibit 10: 2016 Rental Market Study prepared by Shimberg Center for Housing Studies
Staff has determined that the standards of review for both the comprehensive plan amendments and standards for amending the Urban/Rural Boundary have not been met. See the attached report titled Comprehensive Plan Summary Information, which includes the Staff Analysis of Applicant’s Assessment of Standards of Review and The Balmoral Group Technical Memorandum (Exhibit 11).
In addition to the items discussed in Exhibit 11, staff finds that under Policy FLU 2.9 Determination of Compatibility in the Planned Development Classification, the County shall consider uses or structures proposed within the PD zoning classification on a case by case basis, evaluating the compatibility of the proposed use or structure with surrounding neighborhoods and uses. Compatibility may be achieved by application of performance standards such as, but not limited to, lot size, setbacks, buffering, landscaping, hours of operation, lighting, and building heights.
The proposed land use amendment to Planned Development and PD rezone proposes 600 single family lots, 270 townhomes, 500 multifamily units, and 1,500,000 square feet of commercial/mixed use as depicted on the River Cross Master Development Plan (MDP) dated 4/12/2018. This development is proposed on 669.4 acres, of which 291.6 acres are developable in what is now the East Rural Area of Seminole County. Pursuant to the County Comprehensive Plan, “Planned Developments in Sensitive Areas: Planned developments adjacent to the Wekiva and Econlockhatchee Rivers and adjacent wetlands, as well as within the Rural Area of Seminole County, shall be designed to maintain the rural density, intensity and character of these areas, and where permitted, concentrate allowable units on those portions of the development site which are farthest from the surface waters and wetlands, and restrict required open space areas to passive recreational uses.” The proposed development is within the East Rural Area and abuts the Econlockhatchee River on the western side of the property. The surrounding future land uses on the north and east sides of the proposed project are Rural-5, the west side is Preservation/Managed Lands, and the abutting property to the south side is in Orange County and has the future land use designation of Rural 1/10 (one unit per 10 acres). The proposed 1,370 dwelling units and 1.5 million square feet of commercial/mixed use is inconsistent with the existing future land use designations in the area and policies of the County’s Comprehensive Plan.
Future Land Use Element Exhibit-1 Compatible Transitional Land Uses table demonstrates that the urban densities and uses as proposed in the Application are not compatible with existing adjacent Rural future land uses. The Application contemplates an overall density of four (4) dwelling units per acre for single family residential and two (2) dwelling units per acre along the north and east property lines correspondent to the Urban Low Density Residential Future Land Use Designation (LDR). Based on the Compatible Transitional Lands Uses table, LDR and mixed development are not compatible with Rural Future Land Use designations, and the proposed PD does not offer appropriate transitions of density, use, or buffers to create compatibility.
The Application was reviewed by the Development Review Committee on May 30, 2018, with the Applicant. At that meeting, staff advised the Applicant to also set up meetings with the individual DRC reviewers, and the Applicant’s Planning Consultant, S&ME met with the Project Managers from the Planning and Development Division on June 5, 2018 to review the DRC comments. The Applicant elected not to respond to requests for additional information included in the Development Review Committee (DRC) Comment Document (Exhibit 5) and requested the project move forward to the P&Z/LPA for consideration (Exhibit 6). As a resubmittal by the Applicant was not provided, the Application is insufficient and compliance with the standards of review for Comprehensive Plan Amendments has not been demonstrated and consistency with the requirements of the Land Development Code and Comprehensive Plan cannot be determined.
Based on the above findings, and the Exhibits, Staff finds that the proposed Comprehensive Plan Text Amendments, Future Land Use Map Amendment and PD Rezone Application is noncompliant and inconsistent with the Seminole County Comprehensive Plan and Land Development Code.
Planning & Zoning Commission/Local Planning Agency (P&Z/LPA) Recommendation
The P&Z/LPA reviewed the request on July 11, 2018 and voted unanimously to recommend that the Board of County Commissioners deny transmittal of the Ordinance enacting: Text Amendments to the Seminole County Comprehensive Plan to amend the Urban/Rural Boundary; and a Large Scale Future Land Use Map Amendment from Rural-5 to Planned Development to State and regional review agencies; and deny adoption of the associated Ordinance enacting a Rezone from A-5 (Rural Zoning Classification) to PD (Planned Development), and the associated Development Order and Master Development Plan for approximately 669.4 acres, located west of CR 419, east of the Econlockhatchee River, and north of the Orange County/Seminole County Line. Minutes from the July 11, 2018 P&Z/LPA meeting will be provided under separate cover.