SEMINOLE COUNTY, FLORIDA Header Image
File #: 2022-7535   
Category: Public Hearings - Quasi-Judicial Status: Agenda Ready
File created: 1/5/2023 Type: Board of County Commissioners
On agenda: 2/14/2023 Final action:
Title: Lutheran Haven Small Scale Future Land Use Map Amendment and PD Rezone - Consider a Small Scale Future Land Use Map Amendment from Medium Density Residential and Low Density Residential to Planned Development and a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development) for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road; (Z2021-35/09.20SS.06) (Constance D. Silver, Applicant) District1 - Dallari (Annie Sillaway, Project Manager)
Attachments: 1. LOCATION MAP, 2. FLU ZONING MAP, 3. Aerial Map Lutheran Haven.pdf, 4. Lutheran Haven V4 PD MDP.pdf, 5. LUA STAFF REPORT LUTHERAN HAVEN, 6. Ownership Disclosure Lutheran Haven.pdf, 7. SCHOOL IMPACT ANALYSIS EXEMPTION LETTER, 8. Lutheran Haven ITE Schedule.pdf, 9. LAND USE ORDINANCE, 10. REZONE ORDINANCE, 11. DEVELOPMENT ORDER, 12. Vesting Certificate Lutheran Haven.pdf, 13. PLANNING AND ZONING MINUTES, 14. COMMUNITY MEETING SIGN IN SHEET, 15. Community Meeting Minutes Lutheran Haven.pdf, 16. DENIAL DEVELOPMENT ORDER

Title:

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Lutheran Haven Small Scale Future Land Use Map Amendment and PD Rezone - Consider a Small Scale Future Land Use Map Amendment from Medium Density Residential and Low Density Residential to Planned Development and a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development) for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road; (Z2021-35/09.20SS.06) (Constance D. Silver, Applicant) District1 - Dallari (Annie Sillaway, Project Manager)

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Agenda Category:

Public Hearing Items

Department/Division:

division

Development Services - Planning and Development

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Authorized By:

Rebecca Hammock

Contact/Phone Number:

Annie Sillaway 407-665-7936

Motion/Recommendation:

1.                     Adopt the proposed Ordinance enacting a Small Scale Future Land Use Map Amendment from Medium Density Residential and Low Density Residential to Planned Development; and adopt the Ordinance enacting a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road; or

2.                     Deny the Ordinance enacting a Small Scale Future Land Use Map amendment from Medium Density Residential and Low Density Residential to Planned Development; and deny the Ordinance enacting a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development); and deny the associated Development Order and Master Development Plan for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road; or

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

Background:

The Applicant is requesting a Small-Scale Future Land Use Map Amendment from Medium Density Residential and Low Density Residential to Planned Development and a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development). The applicant is requesting sixteen (16) additional age restricted duplex units located on 2.60 acres, to combine it with the existing duplex community owned by the same owner on 19.02 acres. The total project is 21.62 acres with ninety-six (96) units.

The proposed additional sixteen (16) units will be owned and maintained by Lutheran Haven, Inc. The sixteen (16) units are consistent with the existing duplex neighborhood and will be incorporated into the existing community adjacent to the proposed site with internal access via a golf cart and pedestrian path. The Lutheran Haven community obtained this parcel to be able to meet the demand for more age-restricted units that are not available within the area. The applicant is proposing to cap the dwelling units per net buildable acre to 4.44 dwelling units per net buildable acre (du/ac) as part of the Future Land Use Ordinance. The density of 4.44 dwelling units per net buildable acre (du/ac) is more consistent with the surrounding Future Land Uses of Low Density Residential than the existing Medium Density Future Land Use, which allows up to ten (10) dwelling units per net buildable acre. The applicant was approved on July 28, 2022, for the Net Buildable Acres Definition Vesting Certificate to fall under the old definition for net buildable acres.

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

East:                                          Future Land Use: Low Density Residential

Zoning: R-1AA (Single Family Dwelling) - Mayfair Oak Neighborhood

 

West:                                          Woodpecker Lane

                                          Future Land Use: Medium Density Residential

Zoning: R-3A (Multiple Family Dwelling) - Lutheran Haven Community

 

North:                     Future Land Use: Low Density Residential

                                          Zoning: A-1 (Agriculture)

 

South:                     West Chapman Road

                                          Future Land Use: Low Density Residential

Zoning: A-1 (Agriculture), and Planned Development (Chapman Lake PD)

 

Site Analysis

Floodplain Impacts:

Based on FIRM map with an effective date of 2007, there appears to be no floodplains on the subject property.

Wetland Impacts:

Based on preliminary aerial photo and County wetland map analysis, there appears to be no wetlands on the subject property. If applicable, a topographic survey showing wetland and floodplain delineations will be required at Final Development Plan.

Endangered and Threatened Wildlife:

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 site is located in Seminole County’s utility service area and will be required to connect to public utilities.  There is an existing eight (8) inch water line and an eight (8) inch gravity sanitary sewer on the adjoining property.  The subject property is not in the ten (10) year master plan for reclaimed water. Water and sewer capacity are available to serve the proposed development.

 

Transportation/Traffic:

 

Access for the new portion of the development will be onto Chapman Road with a right-in / right-out only connection.  Chapman Road is a County four (4) lane divided road classified as an Urban Major Collector.  The proposed new development will also access the existing development through a private golf cart path connecting the existing and proposed developments as one site.  The existing development accesses Chapman Road, a County roadway, through Woodpecker Lane, an internal private roadway, and network with access to State Road 426.  Chapman Road and State Road 426 currently operates at a level-of-service “C”.  These roads do not have improvements programmed in the County 5-year Capital Improvement Program or FDOT 5-year Work Program.

Sidewalks:

There are existing sidewalks along the roadway frontages. The new portion of the development will connect to the existing sidewalks.

Drainage:

The proposed project is located within the Howell Creek Drainage Basin. The stormwater management system for the new development will be designed to meet Seminole County and the St. Johns River Water Management District (SJRWMD) requirements.

Buffers:

The Applicant proposes fifteen (15) feet along the north, south, and east portions of the subject site. The existing development is not required to provide any landscape buffers since there is no new development being proposed on that portion of the site. Buffer components will be established at Final Development Plan.

Open Space:

Twenty-five (25) percent common usable open space will be provided throughout the entire development. Landscape buffers will not be counted toward open space per Ordinance 2012-27.

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 proposed development of an Age-Restricted community is exempt from School Impact Analysis based on Section 12.1 (c) (4) of the adopted 2007 School Interlocal Agreement, as amended January 2018 (ILA). Any reconfiguration that would change the nature and/or composition of the dwellings from the submitted plans would void the exemption letter and would revert to prior concurrency restrictions and processes.

Community Meeting:

The applicant held a community meeting on October 10, 2022, and seventeen (17) people attended.

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 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 (25) percent open space and provides adequate buffering to maintain compatibility between the proposed development and adjacent residential properties.

Staff finds the requested PD zoning classification to be consistent with the Land Development Code and compatible with the trend of development in the area.

Consistency with the Comprehensive Plan

Under Policy FLU 2.9 Determination of Compatibility in the Planned Development Zoning Classification, the County shall consider uses or structures proposed within the Planned Development 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 Planned Development zoning classification is compatible with the existing duplexes and the dwelling units of 4.44 dwelling units per net buildable acre are similar to the Low-Density Residential dwelling unit of four (4) units per net buildable acre in the area.

Staff finds the proposed Planned Development Future Land Use designation and Planned Development Zoning classification to be consistent with the Comprehensive Plan.

Planning and Zoning Commission

The Planning and Zoning Commission met on December 7, 2022, and voted unanimously to recommend the Board of County Commissioners adopt the request for a Small Scale Land Use Amendment from Suburban Estates to Low Density Residential, and adopt the associated Ordinance enacting a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development), and approve the associated Development Order and Master Development Plan for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road.

Staff Recommendation:

Recommend the Board of County Commissioners adopt the proposed Ordinance enacting a Small Scale Future Land Use Map Amendment from Medium Density Residential and Low Density Residential to Planned Development; and adopt the Ordinance enacting a Rezone from A-1 (Agriculture) and R-3A (Multiple Family Dwelling) to PD (Planned Development); and approve the associated Development Order and Master Development Plan for a total of forty (40) existing and eight (8) new duplex buildings for a total of ninety-six (96) units on approximately 21.62 acres, located on the northeast corner of Woodpecker Lane and West Chapman Road.