2025 Comprehensive Plan

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1 CITY OF OVIEDO, FLORIDA 2025 Comprehensive Plan Comprehensive Plan Amendment CPA 2014-L-1 Ordinance No Supporting Data & Analysis DRC April 3, 2014 PZA April 22, 2014 City Council 1 st Reading & Transmittal Public Hearing May 19, 2014 City Council Adoption Hearing TBD

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3 File Number: CPA Ordinance No: 1587 Application Type: Owner: Comprehensive Plan Amendment (CPA) Request The Mai, Thu Minh Nguyen, Mary Kim Nguyen Ta P.O. Box 64 Geneva, Florida Thuan Van Dinh, Trang Dinh, Margaret Thanh Nyguyen Ta 3900 Cool Water Court Winter Park, Florida Contract Purchaser: Taylor Morrison of Florida, Inc. 151 Southall Lane, Suite 200 Maitland, Florida Applicant: Ellen Avery-Smith, Esq. 201 S. Orange Avenue, Suite 720 Orlando, Florida Requested Change: From: Low Density Residential () (Seminole County) To: Low Density Residential () (City) I. PROPERTY LOCATION A. General Location of Property: The subject property consists of approximately thirty-eight point three one (38.31) acres located on the north side of Artesia Avenue and east side of east of Lake Charm Drive. B. Seminole County Property Appraiser Parcel ID Numbers: II. PURPOSE AND INTENT The subject property is located in unincorporated Seminole County, contiguous to the City s boundary. The Applicant has petitioned the City for annexation into the corporate boundary of the City. The purpose of the amendment is to designate the subject properties with a City future land use designation. The Applicant requests a future land use map amendment from Seminole County Low Density Residential () to City of Oviedo Low Density City of Oviedo CPA/Ord. No 1587

4 Residential () future land use. The requested future land use map amendment merely functions as a change of jurisdiction. The current zoning district for the subject property is Residential (R-1A) Seminole County. Concurrent with this FLU request, the Applicant has filed an application for a Zoning Map Amendment for the thirty-eight point three one (38.31) acres from Residential(R1-A) Seminole County zoning district to City R-1, a residential district compatible with the future land use designation. The site is currently vacant. Based on the net developable acreage of twenty-three point three two (23.32) acres (38.31 acres acres of wetland), the maximum utilization allowed under the proposed future land use designation, with a maximum density of 3.5 du/acre, will result in a development of up to eighty-two (82) dwelling units. Summary charts of the existing and proposed change in future land use designation and maximum square footage are shown in Table 1 and Table 2, below: Table 1 Current Seminole County FLU - Calculation of Maximum Square Footage and Dwelling Units Seminole County Property Appraiser Parcel Id Number Parcel Size (acres) Parcel Size (square feet) Current FLU Max Intensity (FAR) Max Density (DU/acre) Current Intensity (square feet) , (SC) , (SC) Current Density (DU) Wetland , Total ,015,732 Maximum Number of Dwelling Units 93 Source: Planning & Development Division, 2014 Table 2 Proposed FLU - City of Oviedo -Calculation of Maximum Square Footage and Dwelling Units Seminole County Property Appraiser Parcel Id Number Parcel Size (acres) Parcel Size (square feet) Proposed FLU City of Oviedo Proposed Intensity (FAR) Proposed Maximum Density (DU/acre) Proposed Maximum Intensity (square feet) , , Wetland , Total ,015,732 Maximum Number of Dwelling Units 82 Source: Planning & Development Division, 2014 Proposed Maximum Density (DU) City of Oviedo CPA/Ord. No 1587

5 III. PROPERTY PROFILE A. Existing Use: Vacant B. Current Future Land Use: Low Density Residential () (SC) C. Proposed Future Land Use: Low Density Residential ()(City) D. Existing Zoning: Residential (R1-A) E. Total Area: Approximately thirty-eight point three one (38.31) acres F. Area of Proposed Amendment: Approximately thirty-eight point three one (38.31) acres IV. COMPREHENSIVE PLAN POLICY ANALYSIS A. Consistency with the Goals, Objectives, and Policies of the Comprehensive Plan and the Future Land Use Map Series 1. Supporting Goals, Objectives, and Policies: The City of Oviedo Comprehensive Plan was evaluated in order to ensure the compatibility of this requested change of future land use map designation with the City s Plan. This evaluation concludes that the following applicable objectives and policies of the Land Use Element of the City of Oviedo Comprehensive Plan are compatible with the requested change of future land use designation: Policy ; Policy ; Policy , and Policy Conflicting Goals, Objectives, and Policies: None of the applicable goals, objectives, and/or policies from the City of Oviedo Comprehensive Plan is in conflict with this request for a future land use map amendment. B. Impact on Established and Projected Levels of Service The impacts of the proposed amendment were analyzed by comparing the impacts of the maximum allowable density of the subject property s current FLU designation (93 dwelling units) versus the proposed FLU designation (82 dwelling units). Impacts were based on the maximum allowable density of the (Seminole County) future land use designation (4 dwelling units per acre) compared to that of the maximum density of the (City) future land use designation (3.5 dwelling units per acre). 1. Recreation: The analysis for recreation services impact is based on the neighborhood park acreage level of service standard of 2 acres/1000 population. The population estimate is based on the average household size data of the 2010 Census City of Oviedo CPA/Ord. No 1587

6 multiplied by the maximum number of units. The average household size in Oviedo is 3.27 persons. Table 3 shows that there is a net decrease of 0.07 acres in the demand for recreation area based on the neighborhood park level of service standard, as a result of this change in future land use designation The City currently has a deficit of 0.95 acres on Neighborhood Parks LOS (1). The estimated population will add a need of 0.53 acres of neighborhood parks (2x268/1000 = 0.53). Land Development Code (LDC) Section (A) states that subdivisions with more than 25 lots shall provide 350 square feet of park facilities/lot. If the maximum allowable density is achieved, 82 DU, the site will potentially provide enough neighborhood park acreage to help mitigate the current deficit on neighborhood parks. The provision of neighborhood parks is checked during the Preliminary Subdivision Plans Review and Final Engineering/Construction Plans review. 2. Solid Waste: Based on the Seminole County and City of Oviedo Solid Waste Management Agreement (approved October 20, 2008), the City provides for collection and disposal of solid waste from the residents and businesses located within the City and Seminole County provides for construction, operation, repair and maintenance of countywide solid waste disposal facilities. The City s solid waste levels of service standards are consistent with the ones adopted by Seminole County to maintain the projected capacities of the County facilities. The analysis for residential solid waste impact is based on 4.2 pounds per capita per day for the Osceola Landfill and 4.4 pounds per capita per day for the Transfer Station Site. Table 3 shows that the solid waste demand will have a net decrease of 152 pounds per day at the Osceola Landfill and a net decrease of 158 pounds per day at the Transfer Station Site. Seminole County has provided evidence and supporting documentation confirming the County s availability of solid waste facilities to absorb this increase. The current LOS for Solid Waste collection in the City is 2.61 PCD, therefore the City has enough capacity to provide solid waste collection services for the proposed land use. 3. Potable Water and Sewer: The subject property is located within the City of Oviedo s service area for potable water and sanitary sewer. The analysis for residential potable water and sanitary sewer impact is based on the City's level of service (LOS) standard of 135 gallons per capita per day (GPCD) for potable water and 300 gallons per day (GPD) per equivalent residential unit for sanitary sewer. As illustrated by Table 3, there will be a total net decrease of 4,855 GPD of potable water needed and a net decrease of 3,300 GPD of sanitary sewer needed. The Applicant has provided approximate calculations of estimated demand for potable water and sanitary sewer based on the maximum proposed development. The City has provided a letter stating that there is sufficient potable water and sanitary sewer capacity to serve the proposed Low Density Residential () FLU designation. 4. Drainage: Drainage impact is determined on a site by site basis and development shall comply with the City s drainage level of standards prior to the issuance of a site development order. City of Oviedo CPA/Ord. No 1587

7 Oviedo Level of Service (LOS) Standard (Max. 4 DU/acre) Maximum Dwelling Units (DU) Table 3 Public Facilities Supporting Data Summary Maximum Gross Floor Area (GFA) (Sq. Ft) Recreation (acres/pop) Neighborhood Park 2/1,000 Solid Waste (lbds/capita/day) (1) Landfill = 4.2 Transf. St.= 4.4 Disposal-Seminole County Collection- City of Oviedo Impacted Public Facilities Potable Water (GPCD) (2) Residentia l= 135 GPCD Commerci al = 15 GPD per 100 Sq.Ft. Maximum Density/Intensity of Existing FLU Low Density Residential ()(SC) Total ,278 pounds/day 1,338 pounds/day* 41,054 GPD 41,054 GPD Maximum Density/Intensity of Proposed FLU Low Density Residential ()(City) (Max. 3.5 DU/acre) Total Net ,126 pounds/day 36,199 GPD 1,180 pounds/day 36,199 GPD , GPD Sanitary Sewer (GPD) (3) Residential= 300 GPD per DU Commercial= GPD per 100 Sq.Ft. 27,900 GPD 27,900 GPD 24,600 GPD 24,600 GPD -3,300 GPD Drainage Drainage is determined on a site by site basis. Prior to the issuance of a development order or permit, a development must comply with the City's LOS standard. Notes: (1) Seminole County has provided evidence and documentation confirming the county's availability of solid waste facilities. The calculus was based on 3.27 persons/ DU for residential use and 1 employee/250 sq. ft. of commercial space. (2) Available capacity in water must be available prior to the City authorizing a development order or permit (3) Available capacity in sewer must be available prior to the City authorizing a development order or permit Source: Planning & Development Division, Transportation: In order to determine if there is sufficient roadway capacity to serve the proposed change in future land use designation, the maximum density of the existing land use designation, City of Oviedo CPA/Ord. No 1587

8 Seminole County Low Density Residential (), is compared to the maximum density of the proposed future land use designation, City of Oviedo Low Density Residential (), using trip generation rates provided by the Institute of Transportation Engineers (ITE) Trip Generation Rates, 9 th Edition. Under the maximum development scenario for the current future land use designation, a maximum of 93 dwelling units per acre could be developed, generating an estimated 989 additional week day trips (93 total dwelling units x week day trips per dwelling unit). Under the maximum development scenario for the proposed future land use designation, three point five (3.5) dwelling units per acre could be developed for a maximum of 82 dwelling units, generating an estimated 872 additional week day trips. (82 dwelling units x week day trips per dwelling unit.) In this evaluation, there is an estimated net decrease of 117 week day trips. City staff has reviewed the Applicant s trip generation data and has concluded that there should be adequate capacity on the transportation network by the year 2025, consistent with the planning horizon of the City s Comprehensive Plan. C. Compatibility with Existing and Proposed Land Uses Table 4 Adjacent Land Use Table: Direction 2025 FLU Designations Zoning Districts Existing Land Use North: County R5: Rural 5 County Agriculture (A-5) Vacant Land South: City Low Density Residential () City Residential (R1-A) Residential East: County Suburban Estates (SE) City Low Density Residential () County Agriculture (A-1) City Agriculture (A) Agriculture Single Family Residential City Low Density Residential West: City Residential (R-1) () Source: City of Oviedo Planning & Development Division, 2014 Residential (Lake Charm Estate) The proposed Low Density Residential FLU designation is compatible with the adjacent FLU designations, zoning districts and existing uses. Low Density Residential FLU is adjacent on the south and west side of the property. The north and east properties are designated as Agriculture. D. Current Supply of Vacant Land Already Designated for the Proposed Land Uses According to the current City of Oviedo Land Inventory, there are a total of approximately 1, acres designated with a Low Density Residential future land use designation. The City of Oviedo CPA/Ord. No 1587

9 proposed land use change will add acres vacant land with the Low Density Residential future land use designation. G. Funding Commitments for Required Improvements No additional capital improvements beyond what has already been approved within the City s Comprehensive Plan will result because of the proposed request for a FLU map amendment. Therefore, no funding commitments for capital improvement projects are required of the Applicant at this time. F. Impact on Natural Resources 1. Drainage Basin: The subject property is located within the Short Cut Canal Basin. 2. Wetlands/Floodplain: According to the Environmental Assessment Report submitted by the Applicant and reviewed by the City s Environmental Consultant, the property subject to this future land use designation change contains wetlands. The subject property has two (2) distinct habitat types: a) Abandoned Groves 224: This upland community is found on the northwest portion of the property. It is composed of land which is an unmaintained citrus grove. b) Wetland Forested Mixed 630: This community is found on the east and south west side of the property and consists of a forested wetland system that continues off-site. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) of Seminole County, the property is located within Zone X, areas determined to be outside the 0.2% annual chance 500 year floodplain. 3. Endangered Species: According to the Environmental Assessment Report submitted by the Applicant and reviewed by the City s Environmental Consultant no plant species are listed as being endangered, or threatened on the subject property. 4. Soil Conditions: According to the Soil Survey of Seminole County, Florida (published by the United States Department of Agriculture, Soil Conservation Service, in cooperation with the University of Florida, 1990), there are three (3) predominant soil types within the property boundary: (10)Basinger, Samsula, and Hontoon soils, depressionals are in swamps and depressions. The slopes are less than two (2) percent. The soils are nearly level and poorly drained. Basinger soils consist of a surface layer of dark gray mucky fine sand, with an average thickness of 6 inches. Samsula soil surface level average thickness is 30 inches with a dark reddish brown sand on the upper layer. The underlying surface thickness is 45 inches with a dark gray fine sand. Hontoon soil surface layer has a reddish layer of dark reddish brown with average thickness of 18 inches. City of Oviedo CPA/Ord. No 1587

10 (11) Basinger and Smyrna fine sands, depressional are nearly level and very poorly drained. The slopes are less than two (2) percent. Basinger mud has a surface layer of black mucky fine sand with a thickness of 5 inches. Smyrna soil surface layer is about two (2) inches of black fine sand. The soils are not suited for home sites, commercial and recreational development, or sanitary facilities. (21) Nittaw mucky fine sand, depressional is nearly level and poorly drained. Typically, its surface layer consists of black muck fine sands about 10 inches thick. The permeability is very rapid in the surface and substratum layers. This soil is not suited for cultivating crops. G. Consistency with efforts to increase the supply of non-residential lands available for economic use. The proposed future land use designation merely functions as a change in jurisdiction. The proposed future land use designation will not have an effect on increasing the supply of non-residential lands. H. Consistency with efforts to increase the provision of a viable mixture of land uses in a compact, walkable area that is accessible to the full range of feasible non-motorized and motorized transportation modes. The proposed future land use designation merely functions as a change in jurisdiction. The subject property is located on a predominantly residential area, with access to a Flex Route Bus, Link 622. VII. OTHER CONSIDERATIONS A. Housing If the acre subject property were developed at the maximum 3.5 dwelling units per acre, this development would yield an estimated 82 single family dwelling units. B. Population Impact If the acre subject property were developed at the maximum density, the estimated additional population would be 268 people (82 dwelling units X 3.27 persons per dwelling unit). D. Public Health/Safety/Welfare Issues There are no public-health, safety, and/or welfare issues associated with this FLU map amendment request. H. Impact on Schools City of Oviedo CPA/Ord. No 1587

11 The new FLU designation will have the effect of decreasing residential density, thus having a smaller impact on the schools. The applicant will pay all applicable school impact fees for homes constructed. F. Other Comments Adoption of a FLU map amendment does not reserve or guarantee capacity in water, sewer, transportation, drainage, recreation, or solid waste facilities, nor does it guarantee maximum density or intensity in a land use designation can be achieved. VIII. STAFF RECOMMENDATION Staff recommends approval of the proposed change in future land use designation from Seminole County Low Density Residential () to City Low Density Residential () based on the findings presented in this report. City of Oviedo CPA/Ord. No 1587

12 EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Location Map Existing Future Land Use Map Proposed Future Land Use Map Existing Zoning Map City of Oviedo CPA/Ord. No 1587

13 DIVISION ELLIS FALLON STELLAR LAKE CHARM PALMETTO WHISTLING WINDS LIVE OAK Exhibit A Location Map HAMMOCK Legend Annexation Parcels FLORIDA Parcels OVIEDO City Boundary Site SMARTS OLD ALEMANY BAY PANTHER VALENCIA COUNTRY CHARM CARISSA MIMOSA ORANGEWOOD MAPLE TEMPLE PALMETTO KEYSTONE PALM MEAD Feet ,000 N City of Oviedo CPA/Ord. No 1587

14 Exhibit B Existing Future Land Use Map R3 C R5 Legend Legend City of Oviedo City of Oviedo Low Density Residential C Low Conservation CM R5 Density Residential C Conservation Commercial CM P Commercial Public P Seminole PublicCounty Seminole Low County Density Residential R3 Low Rural Density Residential R3 R5 Rural Rural R5 SE Rural Suburban Estates SE Suburban Estates R5 Site SE C P C OFF C P CM DMU CM 0µ ,000 µfeet P Feet 500 1,000 N 1,000 P City of Oviedo CPA/Ord. No 1587

15 Exhibit C Proposed Future Land Use Map R3 C E R5 Legend City of Oviedo Low Density Residential C Conservation R5 CM Commercial P Public Seminole County Low Density Residential R3 Rural R5 Rural SE Suburban Estates R5 Site SE C P C OFF C P CM DMU CM P P Feet ,000 N City of Oviedo CPA/Ord. No 1587

16 Exhibit D Existing Zoning A-3 A-10 Legend A-10 City of Oviedo A Agriculture R-1 Single Family Residential R-1A Single Family Residential Seminole County R-1A Single Family Residential A-5 A-5 Site R-1A A-1 A-1 A R-1 PLI A-1 O-C C-2 R-1A M-1A C-1 M-1 CN PD R-1 Feet PLI ,000 A-1 N A City of Oviedo CPA/Ord. No 1587

17 City of Oviedo CPA/Ord. No 1587