ATTACHMENT 1
CITY OF OVIEDO, FLORIDA
2025 Comprehensive Plan
2006 Land Development Code
Zoning Map Amendment
16_0337 ZMA
Ordinance No. 1644
Supporting Data & Analysis
LPA
November 15, 2016
City Council 1st Reading
November 7, 2016
City Council Adoption Public Hearing
December 5, 2016
File Number:
16-0337-ZMA
Ordinance No:
1644
Application Type:
Zoning Map Amendment (ZMA)
Owner:
W. Rex Clonts, President
Clonts Farms, Inc
1001 Geneva Drive
Oviedo, Fl 32765
Applicant:
Dave E. Axel
1757 West Broadway Street, Suite 1
Oviedo, FL 32765
Consultant:
Robert Ziegenfuss
Z Development Services
708 East Colonial Drive, Suite 100
Orlando, FL 32803
Requested Change:
From: Residential (R-1)
To:
Office-Commercial (O-C)
I. PROPERTY LOCATION
A. General Location of Property:
The subject properties consist of approximately two point seven six (2.76) acres located on
the south side of Clonts Street and east of Lake Jessup Avenue.
B. Seminole County Property Appraiser Parcel ID Numbers:
15-21-31-300-0550-0000
15-21-31-300-0560-0000
II. PURPOSE AND INTENT
The purpose of the zoning map amendment is to change the existing zoning district from
Residential (R-1) to Office-Commercial (O-C) zoning district consistent with the Office (OFF)
future land use designation. The existing Residential (R-1) zoning district is not consistent with the
subject properties Office (OFF) future land use designation. The proposed zoning district, OfficeCommercial (O-C), is consistent with the future land use designation.
The Applicant wishes to designate the subject properties with an Office-Commercial (O-C) zoning
district. Office-Commercial (O-C) zoning district is a neighborhood commercial and office district
designed to accommodate low intensity commercial uses with limited traffic generation and
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movements. The subject properties consist of two (2) parcels totaling two point seven six (2.76)
acres. The intended use includes office and retail use. A summary chart of the maximum density
and intensity under the existing and proposed zoning districts are shown in Table 1 and 2.
Table 1
Existing Zoning District
Seminole County Property
Appraiser Parcel Id Number
15-21-31-300-0550-0000
Parcel
Size
(acres)
2.42
Parcel Size
(square feet)
105,415
15-21-31-300-0560-0000
0.34
14,810
Total
2.76
Current
Zoning
Residential
(R-1)
Residential
(R-1)
Proposed
Zoning
Office (O-C)
Max
Intensity
(FAR)
N/A
8
Office (O-C)
N/A
1
N/A
9
120,226
Maximum Density
Max Possible
Density (DU)
Table 2
Proposed Zoning District
Source: Planning & Development Division, 2016
Seminole County Property
Appraiser Parcel Id Number
Parcel Size Parcel Size Current Zoning
(acres)
(square feet)
15-21-31-300-0550-0000
2.42
105,415
15-21-31-300-0560-0000
0.34
14,810
Total
2.76
120,226
Proposed
Zoning
Residential (R-1) Office (O-C)
Residential (R-1) Office (O-C)
0.30
Max Possible
Intensity
(square feet)
31,625
0.30
4,443
36,068
Maximum Intensity
III.
Max Intensity
(FAR)
PROPERTY PROFILE
A. Existing Use: Vacant and Single Family Residence
B. Current Future Land Use: Office (OFF)
C. Existing Zoning: Residential (R-1)
D. Proposed Zoning: Office-Commercial (O-C)
E. Total Area: Approximately two point seven six (2.76) acres
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36,068 sf
F. Area of Proposed Amendment: Approximately two point seven six (2.76) 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 change in zoning 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 1-1.1.14; Policy1-1.1.4, Policy 1-1.2.4 and Policy 1-1.2.1.
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: The proposed Office-Commercial (O-C) zoning district is
compatible with adjacent FLU designations, zoning districts and existing uses as shown
in Table 2 below:
Table 2
Adjacent Land Use Table:
Direction
2025 FLU
Designations
North:
Low Density Residential (LDR)
Downtown Mixed Use (DMU)
South:
Commercial (CM)
Downtown Mixed Use (DMU)
East:
Downtown Mixed Use (DMU)
West:
Office (OFF)
Zoning Districts
Existing Land Use
Residential (R-1A)
Downton Residential Mixed Use
Districts- Multi-family (MUD-MF)
Commercial (C-2)
Downton Residential Mixed Use
Districts- Multi-family (MUD-MF)
City Hall Retail District (MUD
CHR)
Whispering Woods
Subdivision
Vacant Land
Florida Auto Sales and
Leasing- Car Repair
Awad Place Subdivision
Single Family Residential
Residential (R-1)
Source: City of Oviedo Planning & Development Division, 2016
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Single Family Residential
Lake Norma Estates
2. Zoning Impact and Scope of Use : Below is a table summarizing the City’s lot use
regulations as specified in the LDC zoning district that are consistent with the Office
(OFF) Future Land Use designation.
Table 3
Lot Size Standards:
Lot Standards
Minimum Lot
Size
Minimum Lot
Width
Minimum
Building
Front Setback
Minimum
Building Side
Setback
Minimum
Building Rear
Setback
Existing Zoning
80’
City of Oviedo Zoning Districts within the Office (OFF) Land Use
Designation
Office (O-C)
Residential-Professional Office (R-P)
N/A
Residentia1: 15,000 sf
Professional Office: N/A
N/A
70’
20’
25’
25’
8’
10’
10’
25’
20’
20’
Residential (R-1)
8,500 sf
The proposed Office-Commercial (O-C) zoning district does not require minimum lot sizes
and lot widths. Table 4.1 is the Table of Permissible Land Uses in the City of Oviedo’s Land
Development Code (LDC). Table 4.1 indicates permissible uses in the O-C zoning district.
A copy of Table 4.1 is provided in Exhibit E.
3. 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 Residential (R-1) zoning
district versus the proposed intensity of Office-Commercial (O-C) zoning district. As
illustrated by Table 4 below, there is a decrease in the total of maximum allowable
dwellings units and an increase in the maximum allowable gross floor area as a result of
change in zoning district. The analysis of the impact on public facilities indicates that there
is a net decrease of nine (9) dwelling unit and an increase of 36,068 square feet of gross
floor area.
1. Recreation: The analysis for recreation services impact is based on the neighborhood
park acreage. The proposed Zoning Map Amendment is Residential (R-1) to OfficeCommercial (O-C) Zoning district. Office-Commercial (O-C) zoning use does not
require recreation use.
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.
Seminole County provides for construction, operation, repair and maintenance of
countywide solid waste disposal facilities.
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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 4 shows that the solid waste demand will have a net increase of 480 pounds per
day at the Osceola Landfill and a net increase of 429 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 4, there will be
a total net increase of 1,652 GPD of potable water needed and a net increase of 4,380
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 intended density and intensity for the proposed
development. Reclaimed water is not currently available on this area
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.
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Table 4
Public Facilities Supporting Data Summary
Maximum
Dwelling
Units
(DU)
Maximum
Gross
Floor
Area
(GFA)
(Sq. Ft)
Impacted Public Facilities
Solid Waste
(lbds/capita/day)
(1)
Recreation
(acres/pop)
Neighborhood
Landfill = 4.2
Transf.St.= 4.4
Park
Oviedo Level of
Service (LOS)
Standard
9 DU
36,068
sq. ft.
2/1,000
DisposalSeminole County
Collection-City
of Oviedo
Site
Developable
Area
2.76
acres
36,068
square feet
Total
2.76
acres
36,068
square feet
Potable
Water
(GPD) (2)
Sanitary
Sewer
(GPD) (3)
Residential=
Residential=
135 GPCD
300 GPD per
DU
Commercial
=
Commercial=
15 GPD per
100 Sq.Ft.
12.86 GPD
per 100
Sq.Ft.
4,058
9,018
4,058
9,018
5,710
GPD
4, 638
GPD
5,710 GPD
4,638 GPD
1,652
4,380
Maximum Density/Intensity of Existing Zoning
Residential
(R-1)
126
9
N/A
0.06
206
Total
9
0
332
Maximum Density/Intensity of Proposed Zoning
OfficeCommercial
(O-C) up to .30
FAR
606
N/A
36,068
0.00
635
Total
0
0
0.00
Net
-9
36,068 sf
-0.06
1,241
480
429
Notes:
(1) Seminole County has provided evidence and documentation confirming the county's availability of solid waste
facilities. The calculus was based on 3.34 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
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Drainage
Drainage
is
determine
d on a site
by site
basis.
Prior to
the
issuance
of a
developm
ent order
or permit,
a
developm
ent must
comply
with the
City's
LOS
standard.
5. Transportation:
In order to determine if there is sufficient roadway capacity to serve the proposed change
in zoning district, the maximum density of the existing zoning district Residential (R-1)
is compared to the maximum intensity of the proposed Office-Commercial (O-C) zoning
district using trip generation rates provided by the Institute of Transportation Engineers
(ITE) Trip Generation Rates, 9th Edition.
Under the maximum development scenario for the current zoning district, a maximum of
9 dwelling units per 2.76 acres could be developed generating an estimated week day
trips (9 dwelling unit x 9.52 week day trips per dwelling unit)
Under the maximum development scenario for the proposed Office-Commercial (O-C)
zoning district (36,068sq. ft. developable area), it would generate an estimated 1,596
total daily trips for the proposed uses. In this evaluation, there is an estimated net
increase of 1,510 daily trips.
Table 5
Trip Generation
Land Use
Nine (9) Du
ITE Code
210
Size
Existing Residential (R-1)
9 DU
Daily
Rate
Trips
9.52
Total
Specialty
Center
Total
Net
86
86
Proposed Office Commercial (O-C)
Retail 814
36 KSF
44.32
1,596
1,596
1,510
The City’s Transportation Consultant has reviewed the Applicant’s trip generation data
and has concluded that the project satisfies the trip generation calculation requirement in
the City of Oviedo Land Development Code, Section 9.4. Also there is sufficient
capacity to absorb the net new trips and no significant traffic impacts were identified.
C.
Current Supply of Vacant Land Already Designated for the Proposed Land Uses
According to the current City of Oviedo Land Inventory, there are approximately 400 acres
with an Office-Commercial (O-C) zoning district. The proposed zoning change will add
2.76 acres of vacant land with an Office Commercial (O-C) zoning district.
D.
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 Zoning Map
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Amendment. Therefore, no funding commitments for capital improvement projects are
required of the Applicant at this time.
E. Impact on Natural Resources
1. Drainage Basin: The subject property is located within the Bear Creek Basin.
2. Wetlands/Floodplain:
According to the “Environmental Assessment Report”
submitted by the Applicant and reviewed by the City’s Environmental Consultant no
wetlands exist on the property.
3. According to the Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Map (FIRM) of Seminole County, the property is located within Zone X, areas of
the subject properties are determined to be located outside the 0.2% annual chance
floodplain.
4. Endangered Species: According to the “Environmental Assessment Report” submitted
by the Applicant and reviewed by the City’s Environmental Consultant there are no
endangered Species.
5. 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) soil types within
the property boundary:
(6)Astatula-Apopka fine sands are nearly level to gently sloping. The soils are located
on hillsides and ridges on the uplands and are excessively drained and well drained.
Astatula Apopka fine sands have a seasonal high water table at a depth of more than 80
inches. This soil is used mainly for home sites and other urban development.
(20)Myakka and EauGallie fine sands are nearly level and very poorly drained.
Myakka soils consist of black find sand and about five (5) inches thick. EauGallie soils
consist of dark gray fine sand about five (5) inches thick. The permeability of both soils
is rapid in the surface and subsurface layers.
(31)Tavares-Millhopper fine sands, 0 to 5 percent are nearly level to gently sloping
moderately will drained soils. Taveres soil consist of very dark grayish brown fine sand
about six (6) inches thick. Millhopper soil consists of gray fine sand about seven (7)
inches. The permeability of Taveres and Millhopper soil is rapid or very rapid, however
Millhopper soil is rapid in the surface and subsurface layers and moderately slow in the
subsoil.
F. Consistency with efforts to increase the supply of non-residential lands available for
economic use.
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The proposed Office-Commercial (O-C) zoning map amendment provides the opportunity to
increase the supply of non-residential lands for economic use.
G. 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 subject property Office-Commercial (O-C) zoning district is consistent with
the City’s efforts to increase a viable mixture of land uses.
VII.
OTHER CONSIDERATIONS
A. Housing
There is no impact to housing as a result of this zoning map amendment request.
B. Population Impact
There is no impact to the City’s population as a result of this zoning map amendment
request.
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
There is no impact to schools as a result of this zoning map amendment request.
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
maximum density or intensity in a land use designation can be achieved.
VIII. STAFF RECOMMENDATION
Staff recommends approval of the proposed change in zoning district from Residential (R-1) to
Office-Commercial (O-C) based on the findings presented in this report.
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LOCAL PLANNING AGENCY RECOMMENDATION
The Local Planning Agency conducted a public hearing on Tuesday, November 15, 2016, and
thereat, recommended approval of the proposed change in zoning district.
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EXHIBITS
EXHIBIT A
Location Map
EXHIBIT B
Future Land Use Map
EXHIBIT C
Existing Zoning Map
EXHIBIT D
Proposed Zoning Map
EXHIBIT E
Table 4.1 Permissible Uses Table
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Exhibit A:
Location Map
12
Exhibit B:
Future Land Use
13
Exhibit C:
Existing Zoning Map
14
Exhibit D:
Proposed Zoning Map
15
Exhibit E:
Table 4.1 Permissible Uses
16
Exhibit E:
Table 4.1 Permissible Uses
17
Exhibit E: Table 4.1 Permissible Uses
18
Exhibit E:
Table 4.1 Permissible Uses
19