Title:
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Whealey Acres Area Administrative Future Land Use Map Amendment and Rezone Request (Rebecca Hammock, Development Services Director)
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Division:
division
Development Services
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Authorized By:
Darren Gray, County Manager
Contact/Phone Number:
Rebecca Hammock/407-665-7396
Background:
Property owners within the Whealey Acres residential subdivision as well as three (3) additional neighboring parcel owners desire to have the future land use and zoning designations of their property administratively amended by Seminole County.
The subject properties are located north of W SR 426 and south of SR 417 in unincorporated Oviedo in Commission District 1. The subject area is located more particularly on Morning Dew Loop and Wrights Road.
The property owners wish to amend the future land use designation of their property from “Commercial” and “Office” to “Low Density Residential” and rezone it from A-1 (Agriculture) to a residential zoning district as it more accurately reflects their built community of single-family residential homes.
Whealey Acres & Allcock Parcel
The lots within Whealey Acres and the Allcock parcel currently have eleven (11) owners. All but three (3) of the current owners have signed the attached petition to request an administrative future land use map amendment and rezoning of their property.
Mohamed Sadar (lots 11, 12, 13, and 14), Ashley Carmon (Lot 7) and Johnathan Allcock (Parcel 31-21-31-300-0180-0000/ 2773 Wrights Road) have not indicated a desire to have their property’s future land use and zoning designation amended. The Allcock parcel is not a part of the Whealey Acres Plat but is directly adjacent and has a commercial future land use designation. Contact by Tamara and Ian Dowling, the initiators of this request, has not been made with the three above (3) property owners.
The Whealey Acres Subdivision is an antiquated plat, having been platted in 1957. The lots were originally platted as 50’ wide lots. The current parcels are made up of combined lots.
The property contained in the subdivision currently has Commercial Future Land Use and A-1 (Agriculture) Zoning. The homes were permitted to be built on the subject lots since the lots are vested per the plat. In addition, some of the homes were built prior to the 1960’s when zoning was established in Seminole County. The structure built on Parcel 18 (Allcock property) was originally built in 1941 and is considered a legal non-conforming structure.
After review of the request, it has been determined that Low Density Residential and R-1A (Single Family Residential) zoning are appropriate for the subject subdivision and parcel. The minimum combined lot size owned is approximately 9,500 sq. ft., which supports the R-1A zoning classification allowable under the future land use designation Low Density Residential.
The minimum lot size for R-1A is 9,000 sq. ft. with a minimum lot width of a 75’. It appears most of the existing lots within Whealey Acres and the Allcock parcel would comply with the R-1A zoning district with exception of two lots which have lot widths less than 75’. However, the plat is vested, and the subdivision is already non-conforming with its zoning and future land use designations. A-1 requires a minimum lot size of one (1) acre and a minimum lot width of 150’. The R-1A zoning designation would bring the subdivision into more compliance with how it is now subdivided and developed.
The Low Density Residential (LDR 4 du/acre) Future Land Use Designation is appropriate for the subdivision since it has a current density of approximately 3.2 du/acre based on the existing lot configuration.
Acreage Parcels
The other two parcels included in the request currently have a future land use designation of Office and a zoning designation of A-1 (Agriculture). The parcel located at 2710 Wrights Road and owned by Feryal Elkaldi is 2.81 acres and the parcel located at 2600 Wrights Road and owned by Steven and Joyce Graves is 5 acres.
The A-1 zoning designation is an allowable zoning district within the Office future land use designation. A-1 zoning in the urban area of the County is considered a holding district until the character of the area has changed enough to warrant a rezoning in compliance with a property’s future land use designation.
Access
Wrights Road is a public right-of-way adjacent to the Whealey Acres subdivision and a private road with easements north of the plat. Morning Dew Loop is a public road.
Preliminary Staff Recommendations
Whealey Acres Subdivision & Allcock Parcel: If the Board wishes to administratively amend the future land use and zoning designation of the subject properties, staff recommends a future land use designation of Low Density Residential (LDR) and zoning designation of R-1A (Single-Family Residential).
Acreage Parcels: Staff does not recommend administratively amending the future land or zoning of the subject parcels. The parcels currently conform to their zoning designation and are not limited in their development potential as single family residential consistent with the A-1 zoning designation. Staff recommends retaining the Office future land use on the subject parcels. The Office future land use designation is compatible with residential land uses as a transition between higher intensity uses.
Process
If the Board provides direction to Staff to move forward with an administrative future land use map amendment and rezone for the subject properties, the approval process includes public hearings before the Planning and Zoning Commission and Board of County Commissioners. Ordinances would be brought forward to P&Z and BCC for consideration.
Advertising and notice would be pursuant to Ch. 125.66, Florida Statutes, which requires direct notice to each affected property owner of the public hearings, a minimum of 30 days prior to the date of the public hearing. In addition, two advertised public hearings before the Board of County Commissioners would be required since the rezoning proposes to change the actual zoning designation of parcels that totals more than 10 contiguous acres.