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HomeMy WebLinkAbout2000 10 30 Public Hearings C First Reading - Ordinance 2000-34 Future Land Use Map "Greenway Interchange" District Date: 103000 This Agenda Item C was approved on 10/23/2000 Meeting but due to "advertising" this will be read at the 10/30/2000 Special Meeting. COMMISSION AGENDA ITEM c Consent Informational Public Hearing X Regular October 30, 2000 Meeting lo13irv ~/~~ Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading and consideration of Ordinance 2000-34 to designate the Korman (Telecorp, Inc.) property (3.5 acres) on the City's Future Land Use Map "GreeneWay Interchange" District. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading and consideration of Ordinance 2000-34 to change the Future Map designation of the Korman (Telecorp, Inc.) property from (County) "Commercial" to City designation "GreeneWay Interchange" District. --.~ APPLICABLE LAW AND PUBLIC POLICY: The Provisions of 163 .3187( 1)( c) 2. Which states in part "A small scale development amendment adopted pursuant to paragraph (1 )( c) require only one public hearing before the governing board, which shall be an adoption hearing as described in 163.3184(7), and are not subject to the requirements of 163.3184(3-6) unless the local government elects to have them subject to those requirements. Sec. 3.01 of the City Charter which states "The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter." CDD/October 30, 2000/9:55 AM ~ OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM C Page 2 CONSIDERATIONS: · The subject property is scheduled to be annexed into the City on November 13, 2000. . The proposed Future Land Use Map designation "GreeneWay Interchange District" for development of commercial activity, is compatible with the commercial nature of S.R. 434 and the transportation nexus ofS.R. 434 & S.R. 417 "The GreeneWay". · The proposed future land use change from (county) "Commercial" to (City) "GreeneWay Interchange District" will not negatively impact adjacent land uses, since on the north side of S.R. 434, the parcel is designated by the County as "Commercial". In the County Comprehensive Plan, this FLUM designation is reserved for "a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established." The subject property is adjacent on the east side by County designated FLUM "Commercial" and "Low Density Residential", on the west and south sides by City of Winter Springs designated FLUM "Commercial" . On all four sides of the subject parcel, there is a FLUM designation of "Commercial". Therefore, the designation of the subject property as "GreeneWay Interchange District" would be consistent and compatible with the City's Comprehensive Plan. . There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for commercial pursuits. There are other existing commercial establishments in the immediate area. They are Kash-Karry Grocery Store, Hess Station, existing small commercial activity on the north side of S.R. 434 east of the beltway and soon to be built Winter Springs Executive Office Park and a soon to be built Burger King Fast Food Restaurant on the south side ofS.R. 434 just west of the beltway. . The City can extend sewer, water, and other urban services to the subject parcel and adjacent parcels that it provides to other areas of the City. . With the development requirements of the FLUM GreeneWay Interchange District and the GreeneWay Interchange Zoning District applied during the development review and approval process, the commercial activity will be compatible with the natural environment of the nearby area. . The proposed use of the property for higher intensity commercial and/or higher density multi-family will have a positive, significant economic impact on the City. CDD/October 30, 2000/9:55 AM OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM C Page 3 . The traffic generated from a commercial activity on 3.5 acres will not cause any significant reduction in the Level of Service or threaten the Level of Service Standard "E" of State Road 434. Applicant has not determined specifically what commercial activity he may want to develop on the subject property. Property owner is subject to the land development requirements found in Chapter 9 of the City Code. The amendment request would not be in conflict with the Metropolitan Planning Organization (now called MetroPlan) Plan or the Florida Department of Transportation's 5 Year Plan. FISCAL IMPACT: None PLANNING & ZONING BOARD RECOMMENDATION: The Planning & Zoning Board recommended the City Commission approve the change of Future Land Use Map designation on the 3.5 acre Korman (Telecorp, Inc.) property from (County) "Commercial" to the City's "GreeneWay Interchange" District on the City's Future Land Use Map. STAFF RECOMMENDATION: Based on the Staff Report and the Findings presented to the Planing & Zoning Board, staff recommends the City Commission hold a first reading and public hearing for consideration of Ordinance 2000-34 to change the Future Land Use Map designation of the 3.5 Korman (Telecorp, Inc.) property from (County) "Commercial" to the City's "GreeneWay Interchange" District on the City's Future Land Use Map. IMPLEMENTATION SCHEDULE: A public hearing for second reading and adoption of Ordinance 2000-34 would be held on November 13, 2000. The ordinance would become effective 31 days after adoption ofthe small scale comprehensive plan amendment for the Telecorp, Inc. property, per 163.3187(3)(c) F.S. ATTACHMENTS: A. Proposed Ord. 2000-34 B. Map of the subject parcel for rezoning. C. September 13, 2000 Planning & Zoning Board minutes. D. Planning & Zoning Board Agenda Item II.C. Telecorp Small Scale Amendment. CDD/October 30, 2000/]0:03 AM OCTOBER 30, 2000 PUBLIC HEARING AGENDA ITEM C Page 4 COMMISSION ACTION: CDD/October 30,2000/9:55 AM ATTACHMENT A , ) ) Sent By: BWS; 407 425 9596; Oct-26-00 5:40PM; Page 3 ORDINANCE 2000-34 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION Olf A 3.5 ACRE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417 A.K.A. "THE GREENE WAY"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163 .3187( 1 )( c), Florida Statutes; and WHEREAS, the Local Planning Agency of the Ci ty of Winter Springs held a duly noticed public hearing, in accordance with the procedures in Chapter 163, Parr IJ, Florida Statutes, 011 the proposed Comprehensive Plan Amendment and considered tindings and advice of stan: dti7.ens, and all inl~sted panies submitting written and ord! comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on (he proposed amendment set forth hereunder and considered findings and advice of stan: citizens. and all interested parties submitting written nnd oral comments and supporting data and analysis. and after complete deliberation, hereby approves Wld adopts the Comprehensive Plan Amendment set forth hereWlder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health. safety. and welfare of the citizens of Winter City of Winler Sprin~ Ordinance Nil, 2000-34 Pili\: 1 of 4 Sent By: BWSj 407 425 9596; Oct-26-00 5:41PM; Page 4 Springs . NOW, TlJEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: S~tiu.. 1. Redtals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant tn, the Local Government Comprehensive Plcmning and Land Development Regulations Act. SedioD 3. Purpose and Intent. It is hereby declared to he the purpose and intent of this Ordinance to elari fy. expand, correct, update, modi fy and otherwise further the provisions ofthe City of Winter Springs' Comprehen:;ive Plan. Section 4. Adoption of Amendment to tbe Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit 1 as Seminole County "Commercial" to City of Winter Springs "GreeneWay Interchange." Exhibit 1 is attached hereto and fully incorporated herein by this reference. Sedion S. Transmittal to the Department of Community Affaln. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendmenl to the Florida Department of Community Affairs, in accordance with Section 163.3187(1)(cX4), Florida Statutes, and Seclion 9J-l I, Florida Administrative Code. SedioD 6. Repeal of Prior Inconsistent Ordinances and Resolutions. AU prior inconsistent ordinances and resolutions adopted by the City Conunission, or parts of ordinances and Cily \Of Winttr Springs Ordinao\:\: No. 2000-34 I'age 2 of 4 Sent By: BWSj 407 425 9596; Oct-26-00 5:41PMj Page 5 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section Z. SeverabiUty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Ineorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendmt:nt ~hall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or Jetter and any heading may be changed or modified as necessary to effectuate the foregoing. Seetion 9. Effedin Date and Legal Status of the Plan Amendment. The effe<:tive date of this Ordinance shall take effect thirty.one (31) days after adoption, in accordance with Section 163.3 t 87(3)( c), unless challenged within thirty (30) days after adoption ofthts Ordinance, then this Ordinance shall become effective at such time thc Florida Department of Community Aflairs or the Administration Commission issues a fInal order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development pennits. or land use dependent on this Amendment may be issued or commenced before it has become effective. After WId from the effective date of this Amendment, the ComprehenlOive Plan Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. City ofWin~ Springs Ordinance No. 2000-34 Page ') of 4 Sent By: BWSj 407 425 9596; Oct-26-00 5:41PMj Page 6/11 ADOPTED by the City Commi~sion of the City of Winter Springs. Florida, in a regular meeting assembled on the _ day of .2000. PauIP.Partyka.~ayor ATTEST: Andrea LorcnzoaLuaces. City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese. City Attorney First Reading: Second Reading: Effective Date: F:\DOCSICily Q(Winll:f ~prinvlOkD1N^N(:E. - FORMSICily of Willie. Sprinp lOOO-JS.lmc.mw City of Winter Spring:; Ordinllllce Nv. 2000-34 Page 4 of 4 StJDJEcr PROPERTY ~:':.- \ .. ~ ~oD .r~: ;.::.) -- . - ~... ...,".... Sent By: BWSj i ,. ~ ~ @ ~ ~~ ) (SiP 'rn 407 425 9596j Oct-26-00 5:41PMj Page 7/11 ....~ .~~. .........,.,.-. _. ... Boundarv Survey: The East 452.3'1 fecI of the North 604.72 leel of the West '/1 of the SW 1/.0 of Section 4, Towllship 21 South, Range 31 East, Seminole County. Florida, less and except the West 15.00 feet of the North 361.88 feet.thereo( and less and except th~t ponion thereoflying Northerly of Slate Road 419 (also known as Parcel 10 of hat certain unrecorded development pia"" known as Pines ofTuskawiJJa: Corrective Legal Descrjpt~n: That part of the West Y, ofrhe SW '/.0 of Section 4, Township 21 South, Range 31 East, Seminole County,. Florida, lying South of Stale Road 419, less the Sourh 1,357.60 feet, and also less the West 900.00 feet oflhe Nonh 242.00 feet of the South 1,582.40 feet, and also less the West 1,050.00 feel of said West ~ of the SW Y.llying North oflhe South 1,582.40 feet thereof Also known as Lot 10 of the unrecorded plat oflhe Pines ofTuskawilla. SA TILE RIDGE (BELLFAIRE SUBDIVISI"ON) t. ~ ~ ~ (!i) $ ("~ :D :&:: ~ L ~ .~ - ~ ~ ~ ~ ~ ~ - .. STATE ROAD 434 (i'-C (E <e: ~i CS: ... . SJO -G O~ €' ~ 0" C~\ Jo i .. ~ ... I ,. .. :.~) ;::j i . EXHIBIT ~.i " A TT ACHMENT B ) ~ ~ ~ A <-:-;./ B .?- G "-'. . '" 'I CE) CITY OF WINTER SPRINGS BATTLE RIDGE (BELLFAIRE SUBDIVISION) 8 ~ G'i) r:::;..... '-"-" o STATE ROAD 434 ~ .~ ~-==__n_.____'_ ~ '------- - ~ ......-. 8 gv ~ ~ ~ ~ ~ --... \ . TELECORP~ PROPERTY \ .~ ~ '" ~ C~ @': ::0 - '), tn.'''':Jt '- ) -. ~ ~ (i..) .,,0 ~"\.~V O~O C"\. <\."'i ':. @ 8 i .. C~ ~9 :c::"'> @D (ii;' @ ~0 6i) ~~ ~~.:I:: '. GD CE: ~= rn- I :;~ ATTACHMENT C ) CITY OF WINTEI( SI'IUNCS MINUTES I'LANNING AND ZONING 1l0AHD/LOCAL I'LANNING AGENCY SI'ECIAL MEETING - SEPTEMI3EH 13. 20(JO PAGE J OF 7 B. Approval OfTorcaso Park FROAI> Grant Application MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I HAVE ANOTHER MOTION, THAT THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, BASED ON THE PREVIOUS DISCUSSIONS AND THE QUESTIONS AND ANSWERS AS TO THE PREVIOUS MATTER, THAT WE ARE IN FA VOR OF AND WOULD RECOMMEND A FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR TORCASO PARK." SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAlRMAN STEPHENS, JR.: AYE BOARD MEMBER GREGORY: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. Mr. Chuck Pula departed at 7:28 p.m. ) C. Telecorp. Small Scale Comprehensive Grant Application Mr. Grimms explained to the Board where the property is located; that letters having been sent to surrounding property owners regarding this issue; the request for change of Future Land Use designation from Seminole County's designation of "Commercial" to the City's designation of "Commercial". He spoke of the public facilities available; the land use compatibility; the nuisance potential of ' proposed use to surrounding land uses; the consiste~cy/compatibility with City's Comprehensive plan; and the Staffs findings and recommendations. Discussion ensued regarding the differences between commercial and Greene W ay Interchange District zoning; whether water and sewage is capable of being handled through the Tuscawilla plant; that Mr. Grimms will speak to Mr. Kip Lockcuff, Director of Public WorkslUtilities regarding the plant's capability; informing the City Commission of that capability; that Telecorp does not have any defined plans at this time; whether the advertisements were published; and if the applicant and/or the public would like to be recognized by the Board to speak on this issue. Mr, Bill Starmer, Starmer, Ranaldi Planning and Architecture, Inc" (sri): spoke of being retained by TeJecorp; introduced Mr. Andre' Biewend, a partner of Telecorp; the developers desires and concems; of presently trying to purchase adjacent land which will ) CITY OJ' WINTI,I{ SI'J{IN(;S MINIIITS I'LANNING 1\1'11) ~.ONIN(; 1l0AIW/LOCAL 1'1.,\1'11'111'1(; ACENCY SI'ECIA L M EETIN(i - SEI'TI,M 1lI:J{ 1:1.2000 l'I\(;E'1 OJ' "/ determine how the land will be developed; ;1I1d Mr. l3iewend spoke of the land being developed as "Mixed Use". The Board discussed which Staff members assisted in preparing the analysis; the location of the property; whether the land has been annexed; the surrounding property's zoning; Florida Department of Transportation's plans for State Road 434; and that the 'proposed development plans will be coming before the Board at the appropriate time. Tape I/Side B Discussion continued regarding the applicant knowing that the City is a Tree City, U.S.A.; the GreeneWay Interchange Zoning District Regulations; why the land has not been annexed at this time; and including a finding of fact in the motion is necessary. ) MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIR, I'D LIKE TO MAKE A MOTION THAT THE LOCAL PLANNING AGENCY, IN THAT CAPACITY, RECOMMEND THAT THE CITY COMMISSION APPROVE THE REQUEST BY TELECORP, INC FOR A CHANGE OF THE COUNTY FLUM (FUTURE LAND USE MAP) DESIGNATION OF COMMERCIAL TO THE CITY FLUM DESIGNATION OF GREENEWAY INTERCHANGE ON THAT 3.5 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND STATE ROAD 417, THE GREENEWAY, SUBJECT TO THE CITY COMMISSION RECEIVING SPECIFIC DATA AND INPUT AS TO WATER FLOW FROM VISTA WILLA TO THIS PARTICULAR PIECE OF PROPERTY FROM THE PUBLIC WORKS.. DIRECTOR OR WHAT OTHER CITY EMPLOYEE IS APPROPRIATE TO PROVIDE THAT PARTICULAR DATA AND FURTHER SUBJECT TO THERE BEING - ASSURANCES FOR PROTECTION OF THE SINGLE FAMILY LOW DENSITY RESIDENTIAL PROPERTY TO THE SOUTH OF THIS PARTICULAR PROJECT, DUE CONSIDERATION FOR THE LOW RESIDENTIAL AND BASE THAT MOTION ON THE FINDINGS AS PRESENTED TO US ON PAGE TEN (10) OF TWELVE (12), ONE (1) THROUGH SEVEN (7) AND FURTHER THE FINDING THAT THERE IS IN FACT A FUTURE LAND USE DESIGNATION IN OVIEDO OF LOW DENSITY RESIDENTIAL JUST SOUTH OF THIS PARTICULAR PROPERTY THAT NEEDS CONSIDERATION AND CONCERN. SECONDED BY BOARD MEMBER GREGORY. DISCUSSION. ) ) ('n Y (J1 IVII'J II:I( :;I'I(IN(.:: /'\'lINlnl'.\ 1'J,,\i\'NINL ,\1',1> I.ONINL 1I0J\!(J)!I.0CAI. I'/.,\NNINL ,\( ;',:NCY \/'I:<:IAI. MI,IJIN(; ..;':./"J'I,MJlJ:H U, l()()() I'A(;I, ) ()I: ., VOTE: BOARD MEMBEH KAH.R: 1\ YI~ CHAIRMAN STEPHENS, .JH.: 1\ YE BOARD MEMBER GREGOH.Y: 1\ YE BOARD MEMBER BHOWN: AYE BOARD MEMBER FERNANDEZ: AYE MOTION CARRIED. D. Telecorp. Rezoning Mr. Grimms informed the Board of the request for change of zoning designation from Seminole County's designation of A-I "Agriculture" to the City's designation of GID "GreeneWay Interchange District" and that the applicant's purpose is to construct a commercial and/or multi-family facility. He explained that much of the data is the same as the previous report; and the B()~rd asked Mr. Grimms to just read the Staff Recommendation. Chairman Stephens inquired if the applicants or applicant's representatives had any additional comments, which there were none. MOTION BY BOARD MEMBER FERNANDEZ. "AGAIN OUR CONCERN BEING FOR THE PROTECTION OF ANY LOW DENSITY RESIDENTIAL TO THE SOUTH OF THE PROPERTY AND MCKlNNLEY MILLS HALF A MILE AWAY - I HAVE NO..OTHER QUESTIONS THAT I DID NOT ADDRESS WHEN ADDRESSING THE FUTURE LAND USE MAP AND I WILL YlELD THE FLOOR TO ANY FELLOW BOARD MEMBERS FOR THEIR QUESTIONS OR INPUT AT THIS POINT - HEARlNG NONE I'LL MOVE THAT THE PLANNING AND ZONING BOARD OF THE CITY OF WINTER SPRlNGS RECOMMEND APPRO V AL TO THE CITY COMMISSION REGARDING THE REQUEST BY TELECORP, INC FOR A CHANGE OF THE COUNTY ZONING DESIGNATION OF A-I "AGRlCULTURE" TO THE CITY ZONING MAP DESIGNATION OF "GREENEWAY INTERCHANGE ZONING DISTRICT" ON THAT 3.5 ACRE PARCEL AT THE SOUTHEAST CORNER OF STATE ROADS 434 AND 4]7 "THE GREENEWAY", AGAIN SUBJECT TO THE CITY APPROVING THE ANNEXATION OF TI-IIS PARTICULAR PROPERTY, SUBJECT TO THE CITY STAFF PREPARlNG AND SUBMITTING TO THE CITY COMMISSION THE FIGURES AS TO FLOW, GALLONS EACH, ETe. FROM VISTA WILLA TO THIS PARTICULAR PROPERTY AND WITH DUE CONSIDERATION BEING GIVEN BY THE APPLICANT TO THE LOW DENSITY RESIDENTIAL HOMES TO THE SOUTH OF THIS PARTICULAR PROPERTY AND SPECIFICALLY BASED UPON TI-IE FINDINGS AS INDICATED ON PAGE TEN (10) OF ELEVEN (11), ONE (1) THROUGH SEVEN (7), AS WELL AS TI-IE ATTACHMENTS SHOWING 1..,0\\1 DENSITY ATTACHMENT D ) ) CITY OF Wll'JTErl SPIlINGS, FLOHI[)^ ---------_.__._------~~- 11;>(, !:fIST STATE nOAD <:3~ wlNTErl SpnINGS. r-LORIDA 3270U.2799 klcpllOnc (~0"1) 327.1000 Community Development Depl. Planning Division LOCAL PLANNING AGENCY REGULAR AGENDA ITEM: II C. TELECORP, INC. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (SM-CP A-I-2000) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: "The provisions of 163 .3174(4) Florida Statutes which states "Be the agency (Local Planning Agency) responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the Local Planning Agency shall hold at least one public hearing, with public notice, on proposed plan or plan amendment." ) The provisions of Sec. 2-57 of the City Code which state in part ". . .the planning and zoning board shall serve as the local planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state..." The provisions of 163.3187 F.S. which state in part "Small scale development amendments adopted pursuant to the paragraph (1 )( c) require only one public hearing before the governing board, which shall be an adoption hearing. . .Small scale development amendments shall not become effective until 31 days after adoption." I. BACKGROUND: APPLICANT: OWNER: Telecorp, Inc. 997 West Kennedy Blvd.) A-25 Orland9, FL 328] 0 Gerald Karma 820 E. S. R. 434 Suite 170 Longwood, FL 32750 ) LOCAL PLANNlNG AGENCY Scptcmber 13,2000 SS-CPA-) -2000 Page] or 12 ) ) ) REQUEST: For change of Future Land Use Map designation from Seminole County) designation of "Commercial" to the City's designation of "Greeneway Interchange" District. PURPOSE: Applicant wants to construct a commercial and/or multi-family facility. PROPERTY: Location: Adjacent on the southeast side of the intersection ofS.R. 434 and S.l,{.. 417 (The GreeneWay) Boundary Survey: The East 452.34 feet of the North 604.72 feet of the West Y:z of the SW If., of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, less and except the West 15.00 feet of the North 361.88 feet thereof, and less and except that portion thereoflying Northerly of State Road 419 (also known as Parcel 10 of hat certain unrecorded development plan known as Pines of Tuskawilla. Corrective Legal Description: That part of the West Y:z of the SW 1j., of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, lying South of State Road 419, less the South 1,357.60 feet, and also less the West 900.00 feet of the North 242.00 feet of the South 1,582.40 feet, and also less the West 1,050.00 feet of said West Y:z of the SW 1j., lying North of the South 1,582.40 feet thereof Also known as Lot 10 of the unrecorded plat of the Pines ofTuskawilla. ACREAGE: 3.5 acres PARCEL NUMBER: 02-21-31-300-002B-OOO EXISTING LAND USE OF SUBJECT PROPERTY: Vacant, treed lot with grassed front. LOCAL PLANNING AGENCY Septembcr ] 3,2000 SS-CPA-] -2000 Pagc 2 of 12 CHRONOLOGY OF SUBJECT PROPERTY: None with respect to the City of Winter Springs. Parcel has been part of a county enclave that extends eastward and southward to include approximately 30 acres. FUNDING: No monies from the City are required. II. CONSIDERA TIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Vacant, heavily wooded area. South: Wet retention pond for S.R. 417 "The GreeneWay". East: three small old houses. Vacant, treed area further eastward. ) West: S .R. 417 "The Greene Way". FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County) "Commercial" Requested: (City designation) "GreeneWay Interchange District" FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (County) "Commercial" South: "Commercial" East: (County) "CommerciaL" And "Low Density Residential" (Max. 4 DU per acre) West: "Commercial" ) LOCAL PLANNING AGENCY September] 3,2000 SS-CPA-] -2000 Pnge J or 12 ZONING OF SUBJECT PROPERTY: Existing: (County) A-I Agriculture. Requested: (City designation) G-I "GreeneWay Interchange Zoning District" ZONING ADJACENT TO SUBJECT PROPERTY: North: (County) A-I "Agriculture" South: C-I "Neighborhood Commercial" East: (County) A-I "Agriculture" West: C-I "Neighborhood Commercial" III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application. ) A PUBLIC FACILITIES: 1. ROADS/TRAFFIC CIRCULATION: a. Availability of Access: S.R 434 abuts this property on the north side. b. Function Classification: S.R 434 is an urban arterial 4-lane east west roadway. c. Improvements/expansions (including right-or-way acquisition) already programmed or needed as a result or the proposed amendment. None. The traffic generated from a commercial activity on 3.5 acres will not cause any significant reduction in the Level of Service or threaten the ) LOCAL PLANNING AGENCY September 13,2000 SS-CPA-] -2000 Pngc 4 of J 2 ) Level of Service Standard "E" of State Road 434. Applicant has not determined specifically what commercial activity he may want to develop on the subject property. Property owner is subject to the land development requirements found in Chapter 9 of the City Code. The amendment request would not be in conflict with the Metropolitan Planning Organization (now Called MetroPlan) Plan or the Florida Department of Transportation's 5 Year Plan. 2. SANITARY SEWER, SOLID WASTE, STORMW A TER MANAGEMENT, POTABLE WATER: POTABLE WATER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: Developer would eventually tap into trunk line extended from near Vistawilla Drive. Developer would lay all water lines within the development and tap into the trunk line. ) SANlT AR Y SEWER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: Developer would eventually tap into trunk line extended from near Vistawilla Drive. Developer would lay all sewer lines within the development and tap into the collector line. RE-USE WATER SYSTEM: a. Facilities serving the site. None. ) LOCAL PLANNING AGENCY Seplember ) 3,2000 SS-CPA-) -2000 Page 5 of 12 b. Improvements/exQansions needed as a result of proposed amendment: None. DRAINAGE/STORMW ATER: a. Facilities serving the site. None. b. Improvements/exQansions needed as a result of proposed amendment: If the property is developed, then the project must meet Sec. 9-24 I City Code requirements. Post development runoff cannot exceed pre- development runoff. (Use 25 year storm, 24 hour storm standard) Stormwater Calculations required in retention ponds are to be constructed with storm pipes or swales. There must be a clear recorded easement for the pipes and/or swales. The easement must be definitive for maintenance of structural facilities. SOLID WASTE: ) a. Facilities serving the site. The City has a franchise agreement with a solid waste hauler, Florida Recycling until 2006. A new exclusive franchise agreement will be concluded after a bid process. b. Improvements/expansions needed as a result of proposed amendment: None. 3. RECREATION AND OPEN SPACE a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: Developer does not plan a residential component on the 3.5 acre parcel. ) LOCALPLAN}fiNGAGENCY September 13,2000 SS-CPA-1-2000 Pogc 6 of 12 ) ) ) None, since this will be a commercial project with no residential component. 4. FIRE: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: None as a result of annexation of the subject parcel. This area is presently covered by Fire Station # 26 at Northern Way. The response time is 4 to 5 minutes. A proposed Fire Station is to be located just west of Courtney Springs Apts. The proposed Fire Station # 28 is scheduled to be built in Fiscal Year 2003-4. The estimated response time when the new Fire Station is operational would be less than 2 minutes. Under the First Response Agreement between the City and the County, the City already services the subject property.. 5. POLICE: a. Facilities serving the site. b. None. Improvements/expansions needed as a result of proposed amendment: None. The response time to the subject property would be: Emergency response time is 3.5 minutes. Non-emergency response time is 4.5 minutes. The average is 4.3 minutes over the whole City. B. LAND USE COMPATIBILITY: 1. SOILS: The soils on this property are: 20 - Myakka and EauGallie fine sands. 24-Paola-St. Lucie sands, 0 - 5% slopes. 20 - Myakka and EauGallie fine sands. The soils in this map unit are nearly level and poorly drained. These soils are on broad plains on the flatwoods. The slopes are dominantly less than 2%. During LOCAL PLANNlNG AGENCY September 13,2000 SS-CPA-] -2000 Pngc 7 of 12 most years, the soils in this map unit have a seasonal high water table within) 2 inches of the surface for J month to 4 months. The soils in this map unit are poorly suited to use for sanitary facilities, building sites, and recreational development. The main limitations are seepage and wetness. Water control, including drainage outlets are needed to overcome wetness. Fill material should be added to make these soils suitable for most urban uses. 24-Paola-St. Lucie sands, 0 - 5% slopes. The soils in this map unit are nearly level to gently sloping and excessively drained. These soils are on upland ridges. The slopes are 0 - 5%. The soils in this map unit have a seasonal high water table at a depth of 80 inches or more. The permeability of these soils is very rapid. The soils in this map unit are well suited toJ1omesites and other urban development. The main limitation is the instability of cutbanks. Sidewalls or shallow excavations should be shored. 2. TOPOGRAPHY: The subject property and surrounding area have slight grade. 3. FLOOD PRONE AREA: ) A review of the FEMA National Flood Insurance Program Rate Map (12117C0155-E; April 17, 1995) indicates the subject parcel is not within the 100 year flood prone area, but within Zone "X - Other Areas" which states areas determined to be outside 500 year floodplain. . 4. NATURAL RESOURCES, HISTORIC RESOURCES. No natural or historic resources have been found at this time. 5.' WILDLlFE AND SPECIES DESIGNATED AS ENDANGERED, THREATENED OR SPECIAL CONCERN: No federally listed endangered plants are known to exist in the county. It is essential that surveys of such species be completed prior to site development of parcels containing native vegetation communities. A wildlife survey those species designated as endangered, threatened or species of special concern is required prior to final development approval for this property per 39-27.003.005 F.A.C. LOCAL PLANNlNG AGENCY September 13,2000 SS-CPA-I-2000 Pngc 8 of 12 6. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES. The proposed future land use change from (county) "Commercial" to (City) "GreeneWay Interchange District" will not negatively impact adjacent land uses, since on the north side of S.R. 434, the parcel is designated by the County as "Commercial". In the County Comprehensive Plan, this FLUM designation is reserved for "a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established." The subject property is adjacent on the east side by County designated FLUM "Commercial" and "Low Density Residential", on the west and south sides by City of Winter Springs designated FLUM "Commercial". On all four sides of the subject parcel, there is a FLUM designation of "Commercial". There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for a commercial purposes. It is projected that the adjacent parcels to the west, east and south will be utilized jn the development of commercial activity. C. CHANGE IN CHARACTER OF THE SURROUNDING AREA: ) The area is experiencing significant commercial and residential growth in the proximity of the transportation nexus of the S.R. 434 & S.R. 417 "The GreeneWay". 434 & S.R. 417 "The GreeneWay". In the past year and a half, Courtney Springs Apartments, Kash-n- Karry Grocery Store, Hess Station have been built. Burger King Fast Food Restaurant will be built adjacent to the east of Hess Station. On the east side of the beltway, the Winter Springs Executive Office Park is approved for construction and two property owners on the north side of S.R. 434 have expressed an interest in annexation into the City and developing their property for commercial purposes. D. ECONOMIC DEVELOPMENT:, Development of commercial activity on the parcel will add to, and vary the City's tax " base. E. CONSISTENCY / COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: The proposed small scale comprehensive plan amendment prompted by the annexation changing the county designation "Commercia]" to the City designation of "Greene Way ) LOCAL PLANNING AGENCY Sepleinber 13,2000 SS-CP A-I-2000 Pngc 9 of 12 . .,'. , 'I ,~. ':: )/~::):.:~:';::.', . ',21&~;\tj!":'.' Interchange District" is compatible with the general surrounding commercial lanel uses to the north, south, east, and west along S.R. 434. The land to the west and south are within the City. The creation of "GreeneWay Interchange District", the new Future Land Use Map designation of the City, is a forward looking approach to utilizing the transportation nexus of S.R. 434 and S.R. 4] 7 "The GreeneWay" for the development of highway oriented commercial activity, commercial and multi-family development at higher intensity and density, and the clustering of economic development activities along growth corridors. Currently, the area to the northwest (Cassells Trust lands) of this intersection is designated "GreeneWay Interchange District also. Of note is that the County has a similar designation with its HIP District (Higher Intensity Planned Development District around major transportation nexuses within the unincorporated areas. IV. FINDINGS: 1. The proposed Future Land Use Map designation "GreeneWay Interchange District" for development of commercial activity, is compatible with the commercial nature of S.R. 434 and the transportation nexus of S.R. 434 & S.R. 417 "The .oreene Way". 2. The proposed future land use change from (county) "Commercial" to (City) "GreeneWay Interchange District" will not negatively impact adjacent land uses, since on the north side of S.R. 434, the parcel,is designated by the County as "Commercial". In the County Comprehensive Plan, this FLUM designation is reserved for "a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. . This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established." The subject property is adjacent on the east side by County designated FLUM "Commercial" and "Low Density Residential", on the west and south sides by City of Winter Springs designated PLUM "Commercial". On all four sides of the subject parcel, there is a FLUM designation of "Commercial". Therefore, the designation of the subject property as "GreeneWay Interchange District" would be consistent and compatible with the City's Comprehensive Plan. 3. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for commercial pursuits. There are other existing commercial establishments in the immediate area. They are Kash-Karry Grocery Store, Hess Station, existing small commercial activity on the north side of S.R. 434 east of the beltway and soon to be built Winter Springs Executive Office Park ) LOCAL PLANNlNG ^GENCY September 13,2000 55-C}) ^-] -2000 Pnge 10 of 12 ) and a soon to be built Burger King Fast Food Restaurant on the south side of S.R. 434 just west of the beltway. 4. The City can extend sewer, water, and other urban services to the subject parcel and adjacent parcels that it provides to other areas of the City. 5. With the development requirements of the FLUM GreeneWay Interchange District and the GreeneWay Interchange Zoning District applied during the development review and approval process, the commercial activity will be compatible with the natural environment of the nearby area. 6. The proposed use of the property for higher intensity commercial and/or higher density multi-family will have a positive, significant economic impact on the City. 7. The traffic generated from a commercial activity on 3.5 acres will not cause any significant reduction in the Level of Service or threaten the Level of Service Standard "E" of State Road 434. Applicant has not determined specifically what commercial activity he may want to develop on the subject property. Property owner is subject to the land development requirements found in Chapter 9 of the City Code. The amendment request would not be in conflict with the Metropolitan Planning Organization (now called MetroPlan) Plan or the Florida Department of Transportation's 5 Year Plan. v. STAFF RECOMMENDA TION: Staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission approve the request by TeleCorp, Inc., for a change from County Future Land Use Map designation of "Commercial" to the City's Future Land Use Map (FLUM) designation of "GreeneWay Interchange District" on a 3.5 acre parcel located at the southeast corner of the intersection of S.R. 434 and S.R. 417 "The GreeneWay". ATTACHMENTS: 1. Sketch and Description of the 3.5 acre parcel. SS-CPA-I-2000 ) LOCALP~GAGENCY September] 3,2000 ;::. ); ~~'. .......' Page I ] of 12 ) 2. Aerial View of property and immediately surrounding area. 3. Winter Springs Future Land Use Map of the nearby area. 4. Oviedo Future Land Use Map of the nearby area. ) LOCALP~GAGENCY September 13,2000 Page 12"o.fJ2 SS-CPA-I-2000 ATTACHMENT 1 ) ) ~~ CITY OF WINTER SPRINGS 'I BATILE RIDGE (BELLFAIRE SUBDIVISION) ~ ~ .~ A /-:;/ ~ ./' V '. aD @ 8 @) .....-::.-.. '-"~ (Li) @3) ~ ~ .~ -=---- - .- ~ ,~ ~ . ~ ~ ~ ~ ~ ~ ~ (!) .P- ~ STATE ROAD 434 ("~ e @!; @: o~ C\~~ / . -<'\0 o~\~V I .. ~ .. ~~ \ TELECORP~ PROPERTY @ <E ~ .., o (!.i) -,;; ~~:..,:~ l~"- I c:.) .. . C~ ~r: ;:~:.> " """'I-~, ,;\ }1 ) ':'.,'., . ~':; ,.\<,:~.;.: I .f ~,~~~lt:C;;';J> . ~,~: ATTACHMENT 2 ) ) ., .(.; " ," .: ATTACHMENT 3 ) ) . ,...., ~ -. . ~: -r< . --:':_:~ :=:=: ~ ~..:-::'-.:': ~ ~:~=-~=-==.:=.:: -'.:-',;:1:r:.:..._".::=:'~'.-'-~ ::-=-;_-==-=--=-=-~j SC!II. [ II-J f' [[:1 . '~.,.i . ,. \. 1/ .\ "' /1':0] :1". \' ., .. , ,\. ~'I " / ' ( ..4_.t- -l "\" .,' . . .,', ']SL,---.~. , . \ ). LAKt / ~~...~ '..... .~. .~. "-~j; I . .... ~ ." '. '. ..~ '. L ANDuSti t [G EJ,iD:4-; . 1,.>S\. .... ';:" t i ..,.."......,... '. ....:~ '..J'./ ; '::-:,",'RJstic 1'''''' ':"".; " _ _ !'.. ...:t.". ".; i'Z'.!~.'" r7. "(i'~R'~sid.e8tibl: . ;.~~,.-,-;~~~,,; ~ ~'::'''.., .i t.' ; .:...0., '. 1\,~'~"'\;I.tQWer~l .., ~~,,:.:.' . I" ~ " .... 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