Item Coversheet

SEMINOLE COUNTY GOVERNMENT

COUNTY SERVICES BUILDING
1101 EAST FIRST STREET
SANFORD, FLORIDA
32771-1468

River Run Preserve LSFLUA and PD Rezone

Agenda Memorandum
File Number: 2019 - 0044



Title:

River Run Preserve Large Scale Future Land Use Map Amendment and PD Rezone – Consider a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and a Rezone from A-1 (Agriculture) to PD (Planned Development) for a ninety-four (94) lot single family residential subdivision on approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection; (Z2019-39) (2019-FLUM-LS.02) (Keith Lawes, Applicant) District2 – Zembower (Danalee Petyk, Project Manager)

Division:
Planning and Development
Contact/Phone Number:
Danalee Petyk 407-665-7337
Motion/Recommendation:

1. Adopt the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection; or

 

2. Deny the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development, and deny the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and deny the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection; or

 

3. Continue the request to a time and date certain
Background:

The Applicant proposes to develop the subject property as a single family residential subdivision with a maximum density of 3.5 dwelling units per net buildable acre for a maximum of ninety-four (94) lots, with a minimum lot size of 6,000 square feet, and a minimum lot width of fifty feet (50’).

The subject site is included in Sub Area 4 under the Seminole County/City of Sanford Joint Planning Agreement (JPA), which limits density to a maximum density of 3.5 units per net buildable acre when located north of Eaglewoods Trail. The JPA further requires an avigation easement to be included with the recorded deed of any new lot prior to construction of a single-family dwelling unit. This requirement is included in the proposed Development Order.

The proposed Future Land Use Map Amendment would change the future land use of the subject property from SE (Suburban Estates) (one (1) d.u./acre) to PD (3.5 d.u./acre). The requested zoning change is from A-1 (lot size of 43,560 square feet) to PD (lot size of 6,000 square feet).

The Future Land Use and zoning designations of the surrounding area are as follows:

 

East:           Future Land Use: Suburban Estates (one (1) d.u./acre) and

                   Preservation/Managed Lands

Zoning: A-1 (Agriculture)

 

West:          Future Land Use: Suburban Estates (one (1) d.u./acre)

                   Zoning: A-1 (Agriculture)

 

North:         Kentucky Street

                   Future Land Use: Higher Intensity Planned Development - Airport

Zoning: A-1 (Agriculture)

 

South:         Future Land Use: Preservation/Managed Lands

                   Zoning: A-1 (Agriculture)


Site Analysis

 


Floodplain Impacts:
Based on FIRM map 12117C0090F, with an effective date of September 28, 2007, there appears to be approximately 6.1 acres of floodplains on the subject property.

Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appear to be wetlands on the subject property. A topographic survey showing wetland delineations will be required prior to Final Engineering approval. A fifteen foot (15’) minimum, twenty-five foot (25’) average undisturbed upland buffer must be provided from all approved jurisdictional wetland boundaries. Conservation easements, dedicated to Seminole County, will be required over the wetlands and required buffers.

Endangered and Threatened Species:
Based on a preliminary analysis, there may be endangered and threatened wildlife on the subject property. A listed species survey will be required prior to Final Engineering approval.

Utilities:
The subject property is located within the City of Sanford Utilities service area. The City of Sanford provided a letter stating there is adequate water and sewer capacity to serve the proposed development.

Transportation/Traffic:
The property proposes access onto Kentucky Street, which is classified as a local road and does not have improvements programmed in the County 5-year Capital Improvement Program. A Signal Warrant Study at E. Lake Mary Boulevard and Skyway Drive must be submitted with the Final Engineering plan application for the proposed subdivision. The study will be required to include traffic for in-progress and vested development projects on Skyway Drive and Kentucky Street. If a signal is determined to be warranted following review and acceptance of the Signal Warrant Study by the County Engineer, the developer will be required to contribute a pro-rata share payment towards the cost of designing and constructing the near site improvement (i.e., the Traffic Signal). The amount of the pro-rata share payment, for the near site improvement, will be determined after further County analyses have been conducted at this intersection.



Sidewalks:
There is no sidewalk along Kentucky Street. The developer will be required to build a five foot (5’) sidewalk along the property frontage adjacent to Kentucky Street.

Drainage:

The proposed project is located within the Lake Jesup Drainage Basin, will have direct discharge to an impaired water body, and has positive outfall; therefore, the project will have to provide a pollutant loading analysis and design to meet no net increase, hold water quality and not exceed the pre-development rate of discharge for the twenty-five (25) year, twenty-four (24) hour storm event in accordance with the Seminole County Engineering Manual.

Buffers:
A ten foot (10’) landscape buffer is proposed along the north, east, and west perimeters. The Applicant is proposing some buffers at a reduced width/opacity than the Seminole County Land Development Code requires. The Applicant’s buffer justification is attached. Buffer components will be determined at Final Development Plan.

Open Space:
Twenty-five percent (25%) common usable open space will be provided on the subject property.

Public School Capacity Determination:
Seminole County Public Schools provided a School Impact Analysis School Capacity Determination for the proposed project based on Concurrency Service Area (CSA) and Zoned Schools for the property.  The zoned middle school is 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 (3) 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 Planned Development (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 request is consistent with the Land Development Code of Seminole County and the surrounding area. The proposed project supports the objectives of the PD zoning designation in that it provides the required minimum of twenty-five percent (25%) open space, provides adequate buffering, and proposes a minimum lot size that is consistent with the development trend in the area with lot sizes that range from 4,200 square feet to over one (1) acre in size.

Consistency with the Comprehensive Plan
The intent of the requested Planned Development future land use designation is to provide for a variety of land uses and intensities. Flexibility in design, lot size, and the requirement of buffers and open space will ensure compatibility with surrounding development.  Under Policy FLU 2.9, “Determination of Compatibility in the Planned Development Zoning Classification,” the County shall evaluate the compatibility of the proposed use with surrounding neighborhoods and uses. Compatibility may be achieved through site-specific design standards including, but not limited to, lot size, setbacks, buffering, and landscaping.

 

The proposed Planned Development zoning classification is compatible with the allowable uses and densities of the Planned Development future land use designation, and is consistent with Sub-Area 4 of the adopted Seminole County/City of Sanford Joint Planning Agreement (JPA), which allows a maximum density of 3.5 dwelling units per net buildable acre for properties located north of Eaglewoods Trail.

 

The existing developments are largely rural in nature; however, the current proposal implements the intent of the Seminole County/City of Sanford JPA which promotes uses that are compatible with the nearby airport, including low density residential, industrial, commercial, and multi-family. The development trend in the area is towards this intent, with the Galileo School to the west, and the Skyway Beardall Planned Development at the corner of Kentucky Street and Skyway Drive.

 

Across Kentucky Street to the north are properties with the Higher Intensity Planned Development – Airport future land use designation, which promotes higher intensity uses to support the airport. The proposed Planned Development future land use designation with a low density residential use is appropriate in this location as it will serve as a transition between the higher intensities to the north and west and the surrounding lower density and residential uses to the east and south.

Staff finds the requested Planned Development future land use designation and Planned Development zoning classification to be consistent with the Comprehensive Plan and compatible with the trend of development in the area.

 

Planning & Zoning Commission Recommendation

The Planning & Zoning Commission met on October 2, 2019, and voted to recommend the Board of County Commissioners transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development to State and regional review agencies, and, subject to final approval and adoption of the Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection.

 

Board of County Commissioners Transmittal

On January 28, 2020, the Board of County Commissioners voted to transmit the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development to State and regional review agencies, and, subject to final approval and adoption of the Large Scale Future Land Use Amendment Ordinance, adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection.

 

State and Regional Review Agency Comments

Staff has received response letters from the State and Regional Review Agencies involved in the review of the Future Land Use Map Amendment Transmittal. Florida Fish and Wildlife Conservation Commission (FWC) staff had no objections related to fish and wildlife but offered advisory information and recommendations related to the potential conflicts with the Florida Black Bear. Staff has placed a condition in the Development Order requiring that the Homeowners’ Association bylaws require compliance with the FWC Black Bear Management Plan. The other letters received from the State and Regional Review Agencies, including the Department of Opportunity (DEO), had no objections to the proposed project.

Staff Recommendation:

Recommend the Board of County Commissioners adopt the proposed Ordinance enacting a Large Scale Future Land Use Map Amendment from Suburban Estates to Planned Development and adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for approximately 31.3 acres, located south of the Kentucky Street and Jessup Avenue intersection


ATTACHMENTS:
Description
Location Map
Future Land Use and Zoning Map
Aerial Map
Surrounding Densities Map
Staff Summary Analysis - Land Use Amendment
Master Development Plan
Land Use Ordinance
Rezone Ordinance
School Impact Analysis
Schools Capacity Map
Attachment A Text
Attachment A Worksheets
Applicant Buffer Justification Statement
Traffic Impact Analysis
Development Order
Signal Warrant Analysis
City of Sanford Utility Capacity Letter
10.2.2019 Planning and Zoning Minutes
DEO Response Letter
FDOT Response Letter
FWC Response Letter
FWC Technical Assistance
FDEP Response Letter
SJRWMD Response Letter
DACS Response Letter
Denial Development Order
Ownership Disclosure and Authorization