CITY OF OVIEDO, FLORIDA SUPPORTING DATA INVENTORY AND ANALYSIS ZONING MAP AMENDMENT ORDINANCE No. 1588 13-0431 ZONING DRC: April 3, 2014 PUBLIC HEARINGS: PZA: April 22, 2014 City Council: May 19, 2014-1-
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File Number: 13-0431 ZONING Ordinance No: 1588 Application Type: Owner: Zoning Map Amendment (ZMA) Request The Mai, Thu Minh Nyguyen, Mary Kim Nguyen Ta P.O. Box 64 Geneva, Florida 32732 Thuan Van Dinh, Trang, Dinh, Margaret Thanh Nguyen Ta 3900 Cool Water Court Winter Park, Florida 32799 Applicant: Ellen Avery-Smith, Esq. 201 S. Orange Avenue, Suite 720 Orlando, Florida 32801 Contract Purchaser: Taylor Morrison of Florida, Inc. 151 Southhall Lane, Suite 200 Maitland, Florida 32751 Requested Change: From: Seminole County Residential (R1-A) To: Residential (R-1) 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: 03-21-31-300-0120-0000 03-21-31-300-0130-0000 II. PURPOSE AND INTENT The purpose of the zoning map amendment is to change the existing Residential (R-1A) Seminole County zoning district to City of Oviedo Residential (R-1) zoning district for thirty-eight point three one (38.31) acres of the subject property. The subject property consists of two parcels 03-21-31- City of Oviedo 3
300-0130-0000 and 03-21-31-300-0120-0000. The subject parcels measures approximately 1,668,783 square feet in total. The subject properties are zoned as R1-A. The properties to the west and south are zoned as R-1 and R1-A, respectively. The surrounding properties to the east and north are zoned as Agriculture. The Applicant wishes to designate the subject properties 1,668,783 square feet with the City of Oviedo R-1 zoning district consistent with the proposed City Low Density Residential (LDR) future land use designation. III. PROPERTY PROFILE A. Existing Use: Vacant property B. Current Future Land Use: Low Density Residential (LDR)(Seminole County) C. Proposed Future Land Use: Low Density Residential (LDR)(City) D. Existing Zoning: Residential (R-1A)(Seminole County) E. Proposed Zoning: City Residential (R-1)(City) F. Total Area: 38.31 acres G. Area of Proposed Amendment: 38.31 acres IV. COMPREHENSIVE PLAN POLICY 1-1.1.4 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 zoning map amendment 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 zoning map amendment: Policy 1-1.1.2; Policy 1-1.1.4, Policy 1-1.1.6, and Policy 1-1.1.1.9. 2. 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 zoning map amendment B. Compatibility with Existing and Proposed Land Uses 1. Adjacent Land Use Table: City of Oviedo 4
The proposed Residential (R-1) zoning district is compatible with the adjacent FLU designations, zoning districts, and existing uses as shown in Table 4 below. Table 4 Adjacent Land Use Table Direction 2025 FLU Designations Zoning Districts Existing Land Use North: County Rural R5 (LDR) County Agricultural (A-1) Vacant South: East: West: County Low Density Residential (LDR) County Suburban Estates (SE) City Low Density Residential (LDR) City Low Density Residential (LDR) City Residential (R1-A) County Agriculture (A-1) City Agriculture (A) City Residential (R-1) Residential Agriculture Single Family Residential Residential (Lake Charm Estate) 2. Zoning Impact and Scope of Uses: Below is a table summarizing the City s lot use regulations as specified in the LDC zoning district for the City s Residential (R-1) compared to that of the County s R1-A zoning district. Table 5 Summary of City of Oviedo LDC Lot Use Regulations Existing County Zoning City of Oviedo Zoning Districts permitted within the Low Density Residential Lot Standards R1-A R-1 Minimum Lot Size 9,000 sq. ft. 8,500 sq. ft. Minimum Lot width 75 ft. 80 ft. Setback 25/7.5/30 ft. Garage 25 ft. Building 20 ft. Minimum Building 7.5ft. 8ft. Side Setback Minimum Building 30ft. 25ft. Rear Setback Utility Availability N/A N/A Table 4.1 is the Table of Permissible Land Uses in the City of Oviedo s Land Development Code (LDC). Table 4.1 indicates the uses area permissible in the R-1 zoning district. A copy of Table 4.1 is provided in Exhibit E. City of Oviedo 5
C. Funding Commitments for Required Improvements The Applicant has committed to installing all improvements necessary for the proposed single family subdivision on the subject property. D. Impact on Natural Resources 1. Drainage Basin: The subject property is located within Short Cut Canal Basin. 2. 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. (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. (22) 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. VII. OTHER CONSIDERATIONS A. Housing If the 38.31-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 38.31-acre subject property were developed at the maximum density LDR, the estimated additional population would be 268 people (82 dwelling units x 3.27 persons per dwelling unit). City of Oviedo 6
C. Public Health/Safety/Welfare Issues There are no public health, safety, and/or welfare issues associated with this zoning map amendment request. D. Impact on Schools The applicant will pay all applicable school impact fees for homes constructed. E. Other Comments Adoption of a zoning map amendment does not reserve or guarantee capacity in water, sewer, transportation, drainage, recreation, or solid waste facilities, nor does it guarantee the proposed density or intensity in a land use designation can be achieved. V. STAFF RECOMMENDATION Staff recommends approval of the proposed change in zoning district from County Residential (R-1A) to City Residential (R-1) for the subject site, based on the findings presented in this report. VI. DRC RECOMMENDATION The Develop Review Committee (DRC) recommends approval of the proposed change in zoning district from County Residential (R-1A) to City Residential (R-1) for the subject site, based on the findings presented in this report. VII. PZA RECOMMENDATION The Planning Zoning and Appeals Board (PZA) recommends approval of a change in zoning district from County Residential (R-1A) to City Residential (R-1A) for the subject site. The PZA s rationale for recommending the R-1A zoning district is that the requested R-1 zoning district is not compatible with adjacent zoning districts and lot size compatibility with adjacent developments. City of Oviedo 7
EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Location Map Existing Zoning Map Proposed Zoning Map Existing Future Land Use Map Land Development Code, Table 4.1, Table of Permissible Land Uses City of Oviedo 8
Exhibit A: Location Map Legend Annexation Parcels Parcels OVIEDO City Boundary Feet 0 500 1,000 N City of Oviedo 9
Exhibit B: Existing Zoning Map Legend City of Oviedo A Agriculture R-1 Single Family Residential R-1A Single Family Residential Seminole County R-1A Single Family Residential Feet 0 500 1,000 N City of Oviedo 10
Exhibit C: Proposed Zoning Map R-1 Feet 0 500 1,000 N City of Oviedo 11
Exhibit D: Existing Future Land Use Feet 0 500 1,000 N City of Oviedo 12