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HomeMy WebLinkAbout1996 06 24 Informational Item A COMMISSION AGENDA ITEM A REGULAR CONSENT INFORMATIONAL X June 24. 1996 Meeting MGRfl~EPf1Q Authorization REQUEST: Land Management Division updating the Commission on the status of the James N. Duke request for a Comprehensive Plan Amendment on property located in Seminole County. PURPOSE: The purpose of this Board Item is to update the Commission on the status of the James N. Duke request for a Comprehensive Plan Amendment which will be presented to the County Local Planning Agency and the Board of County Commissioners. The amendment would change the assigned Land Use from Suburban Estates to Planned Development, and rezone the property from A-I to Planned Commercial Development for that property located in Seminole County. This information is current as of2:30 P.M., June 21, 1996. ISSUES: A. Chronology: March 15.1996 - A formal application was submitted to Seminole County Stafffor a Small Scale Amendment to the County's Comprehensive Plan changing the Land Use from Suburban Estates to Industrial, and to rezone the property from A-I to C-3. The property is located on the west side of State Road 419 and on the east side of Shephard Road and north of Fa us night Industries. April 24. 1996 - Seminole County Development Review Committee and developer met. Staff recommended that the Land Use be changed to Planned Development and the zoning be Planned Commercial Development. June 24, 1996 AGENDA ITEM A Page 2 May 13. 1996 - City of Winter Springs Commission met and discussed the proposed amendment as presented to the County Staff. A motion was made by Commissioner Ferring: "deny sending a letter to the County requesting no opposition and that the City Manager's letters be revoked and another letter saying that we do oppose this change of zoning, this is totally incompatible with the nearby residential areas that are around that area." The motion was seconded by Commissioner Langellotti. After much discussion, all voted aye (Commissioner Conniff not present). Mayor Bush said to Me Lup and Me Moore (developer representatives) "that they got the sense from the Commission that the Commission is wanting to see them meet with the homeowners and Staff and bring this back to us and said he feels there is ground that we can both work this out." June 5. 1996 - The plan as submitted to the County Staff on March 15, 1996 was presented to Local Planning Agency with the Staff recommendation made on April 24, 1996. The Local Planning Agency did not take public input and continued this item for a future date. The Local Planning Agency gave the developer a deadline of June 7, 1996 to submit a Planned Commercial Development. June 1 L 1996 - The Staff presented to the County Commissioners a textual change to be appended to the Spring Amendments terminology which would consider excluding the subject property from the urban service area (this property is only served by the County's Water Urban District and not the Sewer Urban Service District). The Commission stated that it was not in favor of this and wanted to see both the textual change to the urban service district and the proposed comprehensive plan amendment simultaneously at a later date. June 19. 1996 - The Seminole County Development Review Committee and developer met (LeBlanc attended as observer). The committee and the developer reached a general agreement on the plan as follows: 1) A minimum of30% open space will be provided on each lot. The landscape buffer will count towards open space requirements. 2) A 25' landscape buffer will be provided the length of the developable area on the west property line. June 24, 1996 AGENDA ITEM A Page 3 3) A 6' painted masonry wall will be constructed 5' from the R/W of Shepard Road the length of the developable area on the west property line. 4) An evergreen hedge (30" x 30', 3'o.c.) will be planted on the west side of the wall. 5) The only trees to be removed from the landscape buffer are those that need to be removed to build the wall and plant the hedge row. 6) Trees will be added in the landscape buffer to ensure a minimum of 8 trees per 100'. 7) There will be no outside storage - all storage must be enclosed. 8) Operating Hours for C-N, C-l and C-2 uses will be from 7:00 AM to 11 :00 PM, and for C-3 and M-IA uses will be from 7:00 AM to 9:00 PM. (Note: The developer is asking that the start times be 6:00 AM. The Staff will recommend that it remain at 7:00 AM, but the developer has the right to make the request upon presentation to the Local Planning Agency and to the Board of County Commissioners.) 9) Proposed stormwater facilities will not encroach into the 25' landscape buffer. 10) Pedestrian access will not be provided through wall and landscape buffer. 11) Solid was containers will be located outside 25' landscape buffer. Hours of operation to empty containers will be between 6:00 AM and 11 :00 AM. 12) Setbacks for proposed one-story buildings will be 50' for all approved uses with passive rear setbacks (two-stories: office use 100', industrial use 150'), 10' for side, and 25' for front setback for buildings up to 35' tall. Inside storage (racks, etc.) not considered to be a second story. 13) No building will be over 35' tall. June 24, 1996 AGENDA ITEM A Page 4 14) Trees between the 25' landscape buffer and 50' building setback will remain where possible, except as required for approval or development 15) The Winter Springs Commerce Park Owners Association will own and maintain all common areas and retention ponds. 16) Exterior lighting on to Lot 4 and the south 50' of Lot 5 and the north 20' of Lot 11 and Lots 12-17: a) Illumination on said lots shall not exceed 0.5 candles; b) All lighting shall be cut-off fixtures mounted at a maximum height of20'; and, c) All pole lighting on said lots shall be setback 50' from the property line. 17) Proposed landscaping along SR 4] 9 will meet or exceed Seminole County landscape requirements. 18) Signage will meet Sign Regulations, Part 65, Chapter 30 19) Off street parking and landscaping will meet Part 64, Chapter 30. 20) Land Use: The following uses shall be permitted, except where otherwise noted: a) CS Convenience Commercial District - not allowed anywhere on property; b) CN Restricted Neighborhood Commercial District - all permitted uses; c) C-l - all permitted uses d) C-2 - all permitted uses, except as follows: alcoholic beverage establishments, flea markets, lumber yards, adult entertainment establishments, billboards, marine sales and service. e) C-3 - all permitted uses, except as follows: lumber yards, junkyards, paint and body shops t) M-] A - all permitted uses, except as follows: public and private utility plants, stations and distribution office, heliports and airports, manufacture of boats, and truck terminals June 24, ] 996 AGENDA ITEM A Page 5 NOTE: The above twenty (20) items are compiled from written items accompanying the Planned Commercial District site plan and verbal directions furnished by the Development Committee Review members. Their meetings are not taped and minutes are not kept. The applicant is also agreeing to connect to the County's water and sewer system and will pay all costs associated with the connections. The County's urban service area in their comprehensive plan will have to be textually amended which will amend the sewer service area to include the subject property. The written items accompanying the Planned Commercial District site plan are listed in the attachment (Winter Springs Commerce Park Requirements) included with this item. The differences between that submitted and the changes requested by the County Staff are: Items 1 through 6 - There are no changes. Item 7 - This item was omitted because the requirement listed is already spelled out in the County Code of Ordinances. Item 18 of the original submission has been moved to this item number 7. This item is slightly different from the original submission in that it requires all outdoor storage to be enclosed. Item 8 - The County Staff requested that this item be omitted and be made part of the Deed Restrictions. Item t 7 of the original submission has been moved to this item number 8. This item is different from the original submission in that the commence time has been changed to 7:00 AM from 6:00 AM, and that some operations can only operate until 9:00 PM. Items 9 through 16 - There are no changes. Items 19 through 21 - These were renumbered 16 through 19. There are no other changes. June 24, 1996 AGENDA ITEM A Page 6 Item 22 - This item was renumbered 20. The changes (utilizing the original submission Item number 22) requested are: Item 22.A is omitted completely. Item 22.D.a is omitted completely. There are additions made to the uses excepted. Item 22.E.a is omitted completely. There are additions made to the uses excepted. Item 22.F.a is omitted completely. There are additions made to the uses excepted. July 10, 1996 - Presentation of the applicant's request is to made to the County's Local Planning Agency. The textual change (amend the sewer service area) to the Comprehensive Plan will also be presented at this time. The Seminole County Staff will recommend approvaL August 3, 1996 - Staff presentation of the County's Large Scale Amendments to the Comprehensive Plan, to include the Duke property and the amendment to the sewer service area, is to be made to the Board of County Commissioners. This presentation will include the recommendations of the County's Local Planning Agency. CONCLUSION: The City Commission, at their meeting of May 13, 1996, has taken action to oppose this project until such time that the Highlands property owners and Duke Properties reach a mutual agreement as regards the development of this property. This position has been conveyed to the County. The City Commission has three (3) options available at this time. These are: June 24, 1996 AGENDA ITEM A Page 7 a) Do nothing - the Commission's opposition to the project is on record; b) Presentation at Local Planning Agency - Direct Staff to enter new comments that the City Commission may wish to express; or, c) Presentation at County Commission Meeting - same as b) above. ATTACHMENT: Winter Springs Commerce Park Requirements (original submission, prior to changes) i.i i~ I~ .. !, '. j I: 'I' ~ ~. ~' If r j! " Il ~i ~~eG~ ,~ '.\v-...~ -/ -.' ,;: 4 ~. .'l_" .' _ . . . :." t:;.., .:: :.~.:-' . . ,WINTER.SPRINGS COMMERCE. PARK REQUIREMENTS .~ _..... '" 1. A minimum.or30% QPcnspac~."viJl beprovided.on.cacldol. 'llld!llldscnfJ!: bulTer will countlowa~ds open space requi~ents. > . . _: - . i ,. '~:.,.. - .'ii',,:. -. . . .. ~ " .. ..: ~ . ". . .~( . -.. '. .::,*tt; ~T - - - . 2. A 25' wide landse.1pcblilT;" wllH~:Providcd li'c.len~th. of ih~d~~~lop.4Dle a~ on Ih';:. wes( ::'- .prope~y.line: . :'...:... .',. ,.. .-.-.. '. :..;.'.f../~ .;' ''''._'~ --: .,. . '. .... ....- ~.". ,".- 3. A 6' .painted~lasonry wa\lwiIl-bieonslrucl~d 5' Tro~.,ihe- RlWofShtpanl Road the length ~. . . ~ . . .~ oflhe developable area on'the'Westproperly-1ine. ,.~:.. : . . J;'~: " .. . _ ;,. '. - -'~ . . . ." .-}:~"':. 4.' An evergreen hedge(3m'.x JO':;3'o;c.)'willbe plimied :on the west ~i~e,~f th~wall.- .' ..".,. ...:.' '. .' < ..;..... ........... ,.". .-:....'''';;:.1.:.... .' ".: " . 5. AII3"e8I:and.larger.,tree.~ wiU:bC;rClained in-the landscape buiTer ~~Ccpl w~lis required lo-be removed toconSiruct the:~If:'-.'.'. . '. ~.: :.' ,.- 6. Trees will be.addcd in 11Indscar;e bulTepvhere,neccSsa."Y 25' o.c.to.filliin any,gaps.inbulTt':r. . . 7. . . . ~. , Trees 'j~the IRnd5€R~e Bllffer CaRlle! ge rellleyel:l wiiheHt 8eRlinsle.~ellnty R~~~evRI. . .. ~ . .~". '. ~ . . ~- .." . O..ners reIl16";iflg trees with6ut Seli,iJiele:C61lAt). IIPfll'R tRI' will be s~~jeettB.,t I 9,999 liRe fllllS reeslaelishRleRt sf BHrrer ~aiil Ie the \\/iRter ~~ringE -Cg~m'm:~ Pllrk Onql('r~ A~~ocillti6n: , 1 8 rv-' .V', ~ . ~e.e~ ~,<..\.~--. (\-€. -:; 9. , . . Proposed .stonnwaler facilities:~yjlll1ot enchiac\l' into the 25'landsClJ~e'bulTer- 10. Pedestrian access.willno! be nrovided lhrough.\valfand landscape bulTer. - ' ," 0'. .'" 11. Solid waste conminers will'he-l~1ted ,ol;l~ide25'-la~dscape 'bulTer. ::J-tours.of operation to .: . empty containers will be between 6:0~.,a.lll. and If:oop,m. ;" ::.,: ' Sethacks for. proposed huildings wiUbe 50' forall.~liproileduSes witlfpassive.rear setbaCks, 10' for side, and 25' for.,frontsetbacK Jor'buildingsup.to 35'.'1all; .,' .:'S~ '. . . 12. 13. . . No building will be ovedS'ta\l; ~:: ',~' . ., 14. Trees between the 2S'landscipe:bulTer and 5(ibtiildi.ngselback~\vill~main~vhere possible;'._ except as reqliired for approval or deve!opnlent. .... :. .~.. . .., . .. IS. . . .... ," The Winter Springs Commer~.Park 6~vners '^ss~i3iion \~iiJ O\vn!ln<!,mainl~in all common areas and retenlion ponds.' .. . ..~. . , 16. Exlerior lighting on to Lot 4 ~nd the south '50' or Lot 5 a'n'd~he.norlh 20' orLot I Land t-ols 12 ~ 17..' . ' .. . A) . . .-. Illumination on said.\OIs shitll.iloi'excecdO:5 foo.-.i::andles. ::.,.:-\ ..;. .. ~. i.~ B) All lighting shall bc cut~offfix~urcs Jllount~~',~t.;1I~l~i!lllllnheighl nf20'. 17. . ." - ~'~'., -. C). AII~polelighting on s'aid.lots::;hall-'!c scil~c(50' from'the property:line. .. ~~..~~ . - - . . . . ~-~ . ... -. . No business operalion shall. occur at thc'.liroperly .l~t\Yci:n the houi:; of II :OQ:P.Ill. and 6:00 a.lll. if it is determined .that- saidbiJsiilCssoperation ~ause.<; a nuisan~e 10:Uie surrounding residences during said hours.. 18; _ Outdoor storage can only occur whencoinpldcly'screened fronl sight. .. .. ..} Proposed landsc.1ping along S.R. 419 win meet or exceed Seminole County I<indscnpc : requirements. . ~ .. 19. 20. .Signage will meet Sign Rel?uliltions. rnr:t65,.Ch~pter 30. 21.0r( street parking and landscaping willmecl.Pm164. Chapter 30. 22.. Land Use: TIle.following uses shallbc pcmliUed,.excepl whereolherwise noteu: O~,,1\') A) CS Cmwenil.'n(,Q CQllllnerei,.1 O;,,'-;\oI~...1I l",,,,,iIl8Y H686 'O)CN Restricted Neighborhood Coml1lere~al District - !III penniUed uses C) C-I - all pcrmitled uses D) Cc2 - all pennittcd uses, except as ,follows: ':\ / a) I)~\ h) 'llle following uses shnll nol be allowed anywhere in Ihe property: alcoholic heverage establishments; flca markets; lumbcr yards; ndull entertainJllent establishment. E) C-3 - all permitted uses, except as follows: . t. a) -0 \N'- \. --==' b) 111e followillg-usesshnll not be ~lIowed anywhere in the properly: lumber yards; junk yards: F): M-I A Very Lighllndustrinl Districl- aJi;penllittediuses,.except as follows: o~~ a) f b) 111e following uses shall not be allowed anywherc in the property: public anu private uti lily plants. slat ions arK! diSlribution omce; heliports !lnd airports.