HomeMy WebLinkAbout2000 11 13 Public Hearings D Second Reading - Ordinance 2000-34 Future Land Use Plans
COMMISSION AGENDA
ITEM
D
Consent
Informational
Public Hearing X
Regular
November 13,2000
Meeting
v (Jf1; '1'foD
Mgr. I Altor. I ~.
Authorization '
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading and consideration of Ordinance 2000-34 to designate
the Korman (Telecorp, Inc.) property (3.5 acres) "Greene Way Interchange" on the City's Future
Land Use Map.
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for second
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
"Greene W ay 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 (l)(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."
CDDlNovember 6, 2000/1 :51 PM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM D
Page 2
CONSIDERATIONS:
. The City Commission at its October 30,2000 meeting, held a first reading of Ordinance
2000-34 to designate the Korman (Telecorp, Inc.) property ( 3.5 acres) "GreeneWay
Interchange" on the City's Future Land Use Map.
FINDINGS:
. 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 of S.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 of S.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.
CDDlNovember 3,2000/3:12 PM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM D
Page 3
. The proposed use of the property for higher intensity commercial andlor higher density
multi-family will have a positive, significant economic impact on the City.
. 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 second reading and public hearing for adoption 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 of the small
scale comprehensive plan amendment for the Korman (Telecorp, Inc.) property, per
l63.3l87(3)(c) F.S.
A TT ACHMENTS:
A. Proposed Ord. 2000-34
B. Map of the subject parcel for rezoning.
CDDlNovernber 3,2000/3: I 2 PM
NOVEMBER 13, 2000
PUBLIC HEARING AGENDA ITEM D
Page 4
C. September 13,2000 Planning & Zoning Board minutes.
D. Planning & Zoning Board Agenda Item H.C. Telecorp Small Scale Amendment.
E. Legal Notice.
COMMISSION ACTION:
CDDlNovember 3, 2000/3: 12 PM
"
ATTACHMENT A
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ORDINANCE 2000-34
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING
THE FUTURE LAND USE MAP DESIGNATION OF 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
GREENEWAY"; 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(l)(c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the
proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and
all interested parties submitting written and oral 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 the proposed amendment set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder; 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 Winter Springs
Ordinance No. 2000-34
Page I of 4
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. 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 to, the
Local Government Comprehensive Planning and Land Development Regulations Act.
Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 4. Adoption of Amendment to the 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 I as Seminole County "Commercial" to City of Winter Springs
"Greene Way Interchange." Exhibit I is attached hereto and fully incorporated herein by this
reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or
his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3 I 87(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All pnor
inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and
City of Winter Springs
Ordinance No. 2000-34
Page 2 of 4
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. 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. Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter
and any heading may be changed or modified as necessary to effectuate the foregoing.
Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date
of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section
163.3187(3)( c), unless challenged within thirty (30) days after adoption of this Ordinance, then this
Ordinance shall become effective at such time the Florida Department of Community Affairs or the
Administration Commission issues a final order determining the adopted small scale Comprehensive
Plan Amendment is in compliance. No development orders, development permits, or land use
dependent on this Amendment may be issued or commenced before it has become effective. After
and from the effective date of this Amendment, the Comprehensive 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 of Winter Springs
Ordinance No. 2000-34
Page 3 of 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 13th day of November
,2000.
[.
PaulP. Partyka, Mayor
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ttorney
First Reading: October 23, 2000
Second Reading: November 13, 2000
Effective Date: See Sec tion 9
F:\DOCS\City of Winter Springs\ORDINANCE - FORMS\City of Winter Springs 2000-35,1me,mw
City of Winter Springs
Ordinance No, 2000-34
Page 4 of 4
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Boundary Survey: The Easl 452.34 feet of the North 604.72 feel of the West '/2 of tile
SW I/. of Section 4, Township 21 Soulh, Range 3 I East, Seminole County, rlorida, less
and except the West 15.00 feel of the North 361.88 feet. thereof, and less and cxceplthat
portion lhereoflying Northerly of State Road 4 19 (also known as Parcel 10 of hat certain
unrecorded development plan known as Pines ofTuskawilla.'
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Corrective Legal Description: That part of the West Yl of the SW Y. of Section 4,
Township 2l South, Range 31 East, Seminole County,. Florida, lying Soulh of Stale 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 112 of the
SW 114 lying North of the South 1,582.40 feet thereof Also known as Lot 10 of the
unrecorded plat of the Pines ofTuskawill~.
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B. Approval OfTorc:lso 1'arl< FfU)AP G,'ant Application
MOTION BY BOARD MEMBER FERNANDEZ. "MR. CHAIn., 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 FLOlUDA
RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR
TORCASO PARK." SECONDED BY BOARD MEMBER BROWN.
DISCUSSION.
VOTE:
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN 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.l)cy/compatibility with City's Comprehensive plan; and the Staffs findings and
recommendations.
Discussion ensued regarding the differences between commercial and GreeneWay
Interchange District zoning; whether water and sewage is capable of being handled
through the Tuscawilla plant; that MI'. 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 werc 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 Telecorp; introduced Mr. Andre' Biewend, a partner of Telccorp; the
developers desires and concerns; of prcscntly trying to purchase adjacent land which will
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determine how the land will be developed; and Mr. Biewend spoke of the I;md being
developed as "i'vjixed Usc",
The Board discussed which Staff members assisted in preparing the analysis; the location
of the property; whether the land has been annexcd; 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
CAP ACITY, 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.
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VOTE:
130ARD MEMBEH J(J\I~IL ;\ YI~:
CHAIRMAN STEPHENS, .JH.: AYE
BOARD MEMBER GH,EGOny: AYE
BOARD MEM13ER nnOWN: AYE
BOARD MEMBER FERNANDEZ: AYE
MOTION CARRIED.
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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 MCKINNLEY MILLS HALF A MILE
AWAY - I HAVE NO.OTHER QUESTIONS THAT 1 DID NOT ADDRESS WHEN
ADDRESSING THE' FUTURE LAND USE MAP AND I WILL YIELD THE
FLOOR TO ANY FELLOW BOARD MEMBERS FOR THEIR QUESTIONS OR
INPUT AT THIS POINT - HEAliNG NONE I'LL MOVE THAT THE
PLANNING AND ZONING BOARD OF THE CITY OF WINTER SPRINGS
RECOMMEND APPROVAL 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 DISTRlCT" ON
THAT 3.5 ACRE PARCEL AT THE SOUTHEAST CORNER OF STATE ROADS
434 AND 417 "THE GREENEWAY", AGAlN SUBJECT TO THE CITY
APPROVING THE ANNEXATION OF THIS PARTICULAR PROPERTY,
SUBJECT TO THE CITY STAFF PREPARlNG AND SUBMITTING TO THE
CITY COMMISSION THE FIGURES AS TO FLOW, GALLONS EACH, ETC.
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
PROPElZTY AND SPECIFICALLY BASED UPON THE FINDINGS AS
INDICATED ON PACE TEN (10) OF ELEVEN (11), ONE (1) THROUGH SEVEN
(7), AS WELL AS THE ,\TTACHfVIENTS SI-IO\\/ING LOW DENSITY
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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] 63.3187 F.S. which state in part "Small scale development amendments
adopted pursuant to the paragraph (I )( 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. BACI(GROUND:
APPLICANT:
OWNER:
Telecorp, Inc.
997 West Kennedy Blvd., A-25
Orland?, FL 328 I 0
Gerald Korma
820 E. S. R. 434 Suite 170
Longwood, FL 32750
)
LOC^L PLANNING AGENCY
Scptclllber I J, 2000
SS-CP^-1.2000
l'"t:c I of I:!
) REQUEST:
For change of Future Land Use Map designation from Seminole County.'s designation of
"Commercial" to the City's designation of "Greene way Interchange" District.
PURPOSE:
Applicant wants to construct a commercial andlor multi-family facility.
PROPERTY:
Location: Adjacent on the southeast side of the intersection of S.R. 434 and S.R. 417
(The GreeneWay)
Boundary Survey: The East 452.34 feet of the North 604.72 feet of the West Y:z of the
SW 1!4 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 thereof lying 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 Y4 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 lfz of the
SW Y41ying 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-000
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant, treed lot with grassed front.
"\
LOCAL PLANNING AGENCY
September 13,2000
SS-CPA-I-2000
P~gc 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. 4] 7 "The GreeneWay".
East:
three small old houses. Vacant, treed area further eastward.
West:
S.R. 4] 7 "The GreeneWay".
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 13,2000
SS-CPA-I-2000
l'~gc :I ur 12
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ZONING Of SUBJECT PROPERTY:
Existing: (County) A-) Agriculture.
Requested: (City designation) G-I "GreeneWay Interchange Zoning District"
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County) A-I "Agriculture"
South:
C-l "Neighborhood Commercial"
East:
(County) A-I "Agriculture"
West:
C-l "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. ROADSrrRAFFIC 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 -of-way acquisition) already
programmed or needed as a result of 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 Pt..J\NNlNG AGENCY
September 13,2000
SS-CPA-I-2000
l'al!C tI or 12
) ~
Level of Service Standard "E" of State Road 434. Applicant has not
determined specifically what commercial activity he may want to dcvclop
on the subject property. Property owner is subject to the land developmcnt
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, STORMWATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
b. Improvementslexpansions needed as a result of proposed amendment:
Developer would eventually tap into trunk line extended from near
Yistawilla Drive. Developer would lay all water lines within the
development and tap into the trunk line.
))
SANITARY 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
ScpIcmbcr 13,2000
SS-CPA-I-2000
I'~gc 5 of 12
b. l.I!:!provernenls/exQilnsions needed ilS a result or proposed illl1endmenl:
None.
DRAINAGE/STORMW A TER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
If the property is developed, then the project must meet Sec. 9-241 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 proQosed amendment:
Developer does not plan a residential component on the 3.5 acre parcel.
-.)
LOCAL PLANNING AGENCY
September 13,2000
SS-CPA-I-2000
I'''g~ (, oj" 12
None, since Ihis 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 t~e 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 PLANNiNG AGENCY
Scptcmber 13,2000
SS-CPA-I-2000
I'~L!C 7 of 12
)
most years, the soils in this m(Jp unit h(Jve a seasonal high water table within] 2
inches of the surface for] month to L\ months. The soils in this map unit are
poorly suited to use for sanitary [acilities, building sites, and recreational
development. The main limitations are seepage and wetness. Water control,
including drainage outlets are needed to overcome wetncss. Fill material should be
added to makc these soils suitable for most urban uscs.
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 ~he 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; Aprill7, 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.' WILDLIFE 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 speGies 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 PLANNING ^GENCY
September 13,2000
SS-CP^-1-2000
Page H of 12
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6.
NUJSANCE 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 in 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 "Commercial" to the City designation of "Greene Way
LOCAL PLANNING ^GENCY
Septeinber 13,2000
SS-CI'^-1-2000
Par.e 9 of 12
Interchange District" is compatible with the general surrounding commcrcialland uses to
the north, south, east, and wcst along S.R. '13'1. The land to thc west and south (lrc within
the City. The creation of"GreencWay 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. 417 "The GreeneWay" for the development of highway
oriented commercial activity, commercial and multi-family development at highcr 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 lnterchange 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 qreeneWay".
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 e(Jst of the beltway and soon to be built Winter Springs Executive Office Park
)
LOCAL P~NNING M,ENCY
September 13,2000
5S-CPA- J -2000
Page 10 of 12
and a soon to bc built Burger King Fast Food Rcstaurant on the south side of S.R.
434 just wcst of thc belt way. .
4. The City can extend sewer, water, and other urban services to the subject parccl
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 RECOMMENDATION:
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.
)
LOCAL PLANNING AGENCY
September 13,2000
SS-CP^-1-2000
Page 1 1 of 12
)
)
.)
2.
Aerial View o[ property and immediately surrounding area.
3. Winter Springs Future Land Use Map o[ the nearby area.
4. Oviedo Future Land Use Map of the nearby area.
LOCALP~GAGENCY
Seplember 13,2000
Page 12ofl2
SS-CPA-I-2000
ATTACHMENT 1
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ATTACHMENT E
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NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL HoLD A PuBLIC
HEARING ON.9.RI?~ANCE 2000-33, .2boo-3.1.AND 2000-35 THAT WOULD ANNEX AND'CHAN~E T.HE FUTURE LAND USE
MAP DESIGNATION,AND ZONING CLASSIFICATION ON A 3.5 ACRE (MORE QR LESS) PARCEL OF LAND LOCATED GENe.
ERALLY AT ~E SQPTHEAST CO.RNE~ Of THE INTERSECTION OF ST~TE ROAD;434 AND STATE ROAD4I 7(fI;lE .GREE-.
I NEWAY) AND IDENTIFIED ON THE MAP BELOW.' .
--.J. . THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: ' . " '.. '
~.':..,,-;.: ,.:,:;.'>::..;.:..:1 " "'ORDINANCE2000-23'. .,"'.., '.. .,:,.' . tonepoiritSmithdecid~d
~~. ,,, ~P.lW~C.~O)\.V:W f.J:~'X .C;:.Q~~~SIO~' Q!, THE CITY, OF WIN.T.~R,SPRI~.CiS, FLORID~, !,R<?POSI~G.TO .~'REAI.:., . rleeded to make frien,ds
'';!::f'';1~Qfi~R~~~y~~[;y'-DES<;~BEDf-~AP.PROXIMATELY3.5 ACRES:~ORE OR LESSOFTHE PROp'EI~TY:LocATED ,. . one old Cracker storytey-
,t;, ,'~-wrtHlN SEM*OLe>COt.Jiil'T'r,FLORIDA~AT THE SOIITHEAST CORNER OF THE INTERSEerION OF STATE ROAD'434 AND ' '. . . :,:. ':
STATE R0AD 417 "THE GREENEWAY" AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PRO- itting 'on the man's"porch
'VIDING FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES; TO INCOR~ORATE THE REA~ .' hi t .
PROPERTY INTO THE CITY BOUNDARIES' PROvroING FOR THE FILING OF THE .REVISED WINTER 'SPRINGS CHARTER hstenmg to s ,s one~, .
'. WriH TIffi DEPAirl-MENT.OF STATE UPON'SAIDAPPROVAL; PROVIDING FOR REPEAL FOR PRIOR INCONSISTENr.ORDI- th soon was, offered :co(-
" NANCES AND RESO(~<?NS; PROVIDING FQR:SEVERABILITY; AND PROVIDING FOR AN E~FECTIVE OA;TE,; :-:- :-,:. .' which he couldn't turn,
. '," ......~. ';', ~ '."ltM ,~ ' : ~ . J t .I;. . Y;'':\'\. . kn . ... t .
" ..:. ':-. "o.:.c .' ORDINANCE 2000-34: . ' . .' ,. y, ".::~ -:'::,:". 'Il but . ew Wl!-S gomg. 0.., . _
: -AN ORnINANeE'OF'THE cm'coMMisSION OF THE CITY OF WINTER SPRINOs~'FtORIDA,'CHANGiNG Tim fu'iuRE hick" boiled chicory-laced. .
. LAJIiD USE MAP DESIGNATION OF A 3.5 ACRE PARCEL OFLAND LOCATED ATTHE SCllmffiAst CORNER'OFrirn'I)'ITER~ v that pours like hot as-"
.' . SE<rI110N OF STATE ROAD 434 AND STATE ROAD 417 AKA "THE GREENEWAY"; PROVlDfNG FOR.SEyERA,BILITY; <;ON- It. '
. . FLIers AND AN. EFFECTIVE DATE.' , ' " , k ff b ret
. , rac er CO ee can e p -
. , ORDINANCE 2oo0-3~ .' " ugh on the stomach.'?fthe
AN ORDfNANCBpF THE, CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA: CHANGING'THE ZONING . d .
MAP DESIGNATION OF A 3.5 ACRE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF..THE. INTERSECTION penence .' . . '.' .
OF STATE ROAD 434 AND STATE ROAD 417 AKA THE "THE GREENEWAY'; FROM SEMINOLE COUNTY A-I "AGRICULTURE" er a few more stones, a
TO rirE'CIty'S'ZONJNG~P DESiGNATION OF GID "GREENEWiw INTERCHANGE: DISTRIct"; PROVIDIN(} FOR SEVER-' k lump' of homemade
AB.ILlT'f; CONFLICTSAND AN E~FECTIVE DATE. .. wing tobacco came. out of
"'~'('<'; .':._..I,.~\;.", . ',,'. ~~tr;~~~~~:dbt~ ~~~
<:' ',' ~...' : ~ ... " mith.lf he was going to get
'.' "", ;,;;'.". ~.A.,-,- . "~. re stories, he was goipg:to.
V"'t <0>. Go' ' . e to chew. '. " .' .
o SI en he started chok1ng
took a big gulp of air; he
allowed that lump of tobac- .
whole.
Not long. afterWard, th~
. mbles from that dark coffee.
.td tobacco sent SIpitl). run- .
ng for the palmettos, where .
_:' " :heavedandjtimpedba~k. :
~.";;":,,'. ' ,. . The storyteller stood"and
.,', t:: ,',.",; if;', ',.' , . . . h d if he knew from the
· " ., ~:';... """BE"' fROiO'E~i: .:: :;/,:1~i~i;j(,~f''; E{~::ir:::~~:
ZONING' <.> .~ .Ii" ,. " SEMINOLE COUNTY A.I CITY "GREENEWAY INrERCHANGE.DISTRlCl'":. . d man thanked him for'~the' ,
,'~'LAN.Q, ttsr: ..,.. SEMINOLE COUNTY "COMMERCIAI.:' 'CITY ~'GREErrnw.J\r;I~~~~o.,~;'.;:: ;'i:"'" '." ~st entertainment he'dhad in
': '~,....,.:~,.,.;t;''''' ,., " ". .;" ,).. .. ."'" ','L." '. ~ars" and asked .wl;1en.he'
'. A SECOND READING AND ~UBLlC HEARING ON ORDINANCE 2000.33, 2000-;34,AND:2000-~~t'!.\'I.LL ~E, H1!4>()~;~9VEMBER mId come back for more. . :~,':,"
13,200!lAT6:30P.M~,9R~OONTHEREAFTER. . . . ;'~~"?< .: '~;~., ,!~f'...:,.,. . .
'. .. ,.... . " .' . :,-;"'"~.''',, ,:~., -"~:'':' Well, Smith's back;dand,
ALL PUBLIC HEARIN,GS WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS AT 1126, E~~IsTArtROAI?'434, WINT~R e;ll have plenty more to tell.: .,-,' .
,.: SPRINGS, FLORIDA AT 6:30 P.M. OR SOON TIlEREAFTER. INTERESTED PERSONS MAY A'I'11'J:ID~, ~~,~~Rp.;, . : ~,.'. . , " . .'
A C~MPLETE LE~Ai: 'DESCRIPTlON BY METES AND BOUNDS' AND TH~ ORoINA~ck~'~EJ~~~%;Jfi";.ooVE k~~E' m RobiS!ln, co.author of Flash~c~s:
qB.T~DFROMJ'HE OFFICE OFTHE CITY CLERK, AT CITY H~LL, 1126 EAST STATE ~p;ro434, w.~~:~:~~GS. .~~~ tyI~RE he Story of ~entral Florida's Past, can :. \
INFORMATION CALL (407) 327-1800 11227. . , ".,' '.', ~~Ii~:,~':'~' :"" . C 'ereachedat407-42G-S1370rvtae-;,
PE~ON~ W;~ibISABILI11ES NEEDING ASSISTANCE TO PARTICIPATE IN AN~ OF TksE PRock~~~~~g~litiL6\j5~T~~ ',ail atjrobison@orlandosentlnel.com
'. THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR, 48 HOURS IN ADVANCE OF THE MEETING A1\:(40if327-lsOo,1I236:
. .' , " , I "':;'::1 ,v".. . . \.
THIS IS A PUBLlC.HEARlNG, IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION/DECISION.MADE BY THE
LOCAL PLANNING AGENCY OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT.tHIS'MEETING, YOU '
WILL NEED A 'RECORD.OF THE PROCEEDINGS, AND, FOR SUCH PURPOSE~. YOU MAY NEED TO ENsuiui'THATA VERBATIM
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CITY CLERK
'_. CITY OF WINTER SPRINGS
NOTICE OF LAND USE/ZONING CHANGE
'NOTIC.E OF ANNEXATION
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