HomeMy WebLinkAbout2017 12 06 Public Hearings 400 419 Recycling Future Land Use Map and Development Agreement
PLANNING & ZONING BOARD
AGENDA
ITEM 400
Consent
Information
Public Hearing X
Regular
December 6, 2017
Meeting
Mgr. / Dept
REQUEST:
The Community Development Department requests the Planning & Zoning Board/Local Planning
Agency hold a Public Hearing to consider first reading of Ordinance 2017-13 which proposes the
Small-Scale Future Land Use Map Amendment of several parcels totaling approximately 3.4 acres,
generally located north of State Road 419 near Layer Elementary School.
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SYNOPSIS:
The City of Winter Springs Community Development Department has initiated the request for a Small
Scale Future Land Use Map Amendment for several parcels totaling approximately 3.4 acres, generally
located north of State Road 419 near Layer Elementary School. Ordinance 2017-13 proposes to change
the Future Land Use Map designation of the property from City of Winter Springs “Commercial” and
“Undesignated” to City of Winter Springs “Industrial.”
CONSIDERATIONS:
TRAIL MISSING LINK BACKGROUND INFORMATION:
A gap in the Cross-Seminole Trail, referred to as the “Missing Link,” exists between Layer Elementary
School and the western end of Old Sanford Oviedo Road, a distance of approximately 0.6 miles (see
Exhibit A). The primary reason for the gap has been the lack of available right-of-way sufficient for the
trail, which for the vast majority of the trail within Seminole County is on lands owned by the State of
Florida, with Seminole County serving as the managing entity.
A solution to bridge the gap has been in development for several years and generally involves a three way
swap of land between the City of Winter Springs, the State of Florida Office of Greenways and Trails,
and 419 Metal Recycling (Mr. Bart Phillips). Under the terms of the proposed land exchange (or
“swap”), the following actions are planned:
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Planning & Zoning Board, Item 400
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Mr. Phillips donates land along the State Road 419 frontage to the City for the trail (approx. 1.36
acres)
The City conveys the State Road 419 frontage land to the State for the trail right-of-way, which
will be constructed, operated, and maintained by Seminole County
The State conveys lands to the City at Magnolia Park (approx.. 0.44 acres), the site for future
construction of a planned City amphitheater
The City conveys a small parcel to Mr. Phillips (approx.. 0.1 acres), referred to as the “nub
parcel” between Layer Elementary School and the 419 Metal Recycling property, after the State
conveys this parcel to the City
The City permits the trail to be constructed within a section of unimproved City right-of-way
extending from State Road 419 to Old Sanford-Oviedo Road
A Developer’s Agreement between the City and 419 Metal Recycling/Phillips has been prepared to
facilitate and memorialize the terms and conditions of the land conveyance from Mr. Phillips to the City,
covering the following items:
Mr. Phillips to convey the future trail property to the City, as described above
City conveys the 0.1-acre “nub parcel” to Mr. Phillips (after receipt from the State)
Identification of the limits of the “Recycling Property” where 419 Metal Recycling is authorized
to operate
Mr. Phillips to complete construction of a 10-foot screen wall at the perimeter of the Recycling
Property and surrounding area
Setback relief for non-recycling lands owned by Mr. Phillips adjacent to the trail right-of-way
The Developer’s Agreement is attached for the Planning & Zoning Board’s information, and it is not part
of the Board’s formal review action.
In conjunction with the Developer’s Agreement, the City is processing a Future Land Use Map
Amendment (Ordinance 2017-13) and Rezoning (Ordinance 2017-14) of a 3.4-acre land area, owned by
Mr. Phillips, that will be the front (southern) portion of the 419 Metal Recycling site. The purpose of the
FLUM amendment and Rezoning is to unify the land use and zoning designation for the portion of the
Phillips property that is to operate as a recycling business (the “Recycle Property”).
FUTURE LAND USE MAP AMENDMENT:
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 163.3174 ( 4)
Florida Statute 163.3187 Amendment of adopted comprehensive plan;
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions;
Winter Springs Charter Section 4.15 Ordinances in General;
Winter Springs Article III. Comprehensive Plan Amendments;
Section 15 -30. Authority, purpose and intent;
Section 15 -35. Review Procedure;
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Section 15 -36. Review criteria;
Section 15 -37. Local Planning Agency Review and Recommendation:
Florida Statutes 163. 2511- 163. 3246
Florida Statute 166. 041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of
Districts, Division 4.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20 -31.
APPLICANT AND PROPERTY INFORMATION:
Property owners:
Bartholomew D. & Cynthia D. Phillips
o
State of Florida - Trustees of the Internal Improvement Trust Fund (TIITF) - Office of
o
Greenways and Trails
Parcel Identification Numbers:
34-20-30-5AW-0000-0330
o
35-20-30-300-0010-0000
o
35-20-30-300-001A-0000 (partial)
o
Current FLUM Designation
:
City of Winter Springs “Commercial”
o
City of Winter Springs “Undesignated”
o
Proposed FLUM Designation:
City of Winter Springs “Industrial”
Previously Approved Development permits such as conditional use, waiver, or variance
(if any)
: N/A
Pending Code Enforcement Actions (if any)
: No current Code Enforcement actions
City Liens (if any):
No known City liens
COMPREHENSIVE PLAN ANALYSIS:
Justification for Future Land Use Designation -
Through Ordinance 2017-13, the City is requesting a
change from the City of Winter Springs “Commercial” and “Undesignated” to the City of Winter Springs
"Industrial" future land use designation on the 3.4 acre area. The requested future land use map
designation is designed to integrate the subject parcels into the surrounding industrial land uses.
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CONSISTENCY WITH THE CITY' S CODE OF ORDINANCES:
Section 15 -36 Review Criteria
The recommendation of the Staff shall be based on the following minimum factors, if applicable:
1) Whether the proposed amendment will have a favorable or unfavorable effect on the city' s
budget, or the economy of the city or the region;
Converting the subject parcel will have neither a
favorable nor unfavorable effect on the city’s budget, or the economy of the city or the region. The
requested future land use map designation change will convert the subject property to “Industrial”
which is the prevailing land use in the area.
2) Whether the proposed amendment will diminish or negatively impact the level of service
(LOS) of public facilities;
Based on the information below, Staff has determined that the proposed
amendment does not negatively impact the LOS of public facilities.
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ROADS /TRAFFIC CIRCULATION.
The subject property is accessed from Wade Street via State Road 419, a two-lane FDOT arterial
roadway. The proposed amendment will not result in an increased traffic generation from the subject
property, based on the list of permitted uses in the Industrial Zoning District (I-1). State Road 419
has a current average daily traffic volume of 17,400 (per FDOT) and an acceptable level of service of
“D.”
POTABLE WATER:
The City has potable water facilities available to serve the subject property. The water service consists
of an existing 8-inch water main along Wade Street and Old Sanford-Oviedo Road.
WASTEWATER:
The City has an existing 4-inch force main along Old Sanford-Oviedo Road that is available for
wastewater service to the subject parcels.
RECLAIMED WATER:
Facilities serving the subject property: None currently.
ELECTRIC SERVICE:
Facilities serving the subject property: Duke Energy currently serves the surrounding parcels.
SOLID WASTE:
Facilities serving the subject property: The City of Winter Springs serves the property through a
franchise agreement with Waste Pro of Florida, Inc., a private solid waste contractor who will
provide service to the subject parcels.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon future site development, the site may be required
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to provide onsite stormwater management facilities, in accordance with the applicable St. Johns River
Water Management District (SJRWMD) and City of Winter Springs criteria.
POLICE:
The City of Winter Springs is responsible for police protection. The station closest in proximity to the
subject property is located at 300 N. Moss Road. Response times are averaged monthly. It is not
anticipated that the change in land use will affect the response times.
FIRE:
Seminole County is responsible for fire protection. Seminole County Fire Station 24, located at 102
North Moss Road in Winter Springs, is the closest fire station. The response time is approximately
two minutes. It is not anticipated that the change in land use will affect the response times.
3) Whether there will be a favorable or unfavorable impact on the environment or the natural
or historical resources of the city or the region as a result of the proposed amendment;
Converting the subject parcel will have neither a favorable nor unfavorable impact on the environment
or the natural or historical resources in the area. The subject parcels are substantially cleared and
there are no known natural or historical resources on the property.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from City of Winter Springs “Commercial” to City of Winter Springs
“Industrial” will not result in any nuisance potential for the surrounding properties because future
industrial development would be compatible with the surrounding “Commercial” and “Industrial”
future land use designations.
FLOOD PRONE AREAS:
The property is located entirely in Flood Zone "X," which is outside of the 100-year floodplain,
according to the FEMA Flood Insurance Rate Map.
4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the
state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central
Florida Strategic Regional Policy Plan, as amended from time to time;
Staff has determined that the change in future land use designation of this property to industrial is
consistent Central Florida Strategic Regional Policy Plan which allows for infill development. Staff
also determined that the proposed amendment is consistent with the goals, objectives, and policies of
the state comprehensive plan set forth specifically found in Chapter 187.201, which promotes
development and redevelopment activities which encourage efficient development and occur in areas
which will have the capacity to service new population and commerce.
5) Whether the city is able to provide adequate service from public facilities to the affected
property, if the proposed amendment is granted, and whether the proposed amendment will
promote the cost /effective use of or unduly burden public facilities;
The City is able to provide
adequate service of public facilities to the subject property based on information stated herein.
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6) Whether the proposed amendment is compatible with surrounding neighborhoods and land
use;
The proposed amendment is compatible with the industrial and commercial uses located to the north,
west, and south. The proposed amendment is consistent with the existing industrial use to the north,
and a screen wall is being built around the perimeter of the industrial land, which will minimize the
potential nuisance impacts to the surrounding properties.
(7)Whether approval of the proposed amendment will cause the comprehensive plan to be
internally inconsistent;
Staff determined thatthe proposed amendment will not cause the
comprehensive plan to be internally inconsistent.
(8) Whether the proposed amendment will promote or adversely affect the public health,
safety, welfare, economic order, or aesthetics of the city or region;
Theproposed comprehensive
amendment is not in conflict with state law and satisfies the applicable provisions of the City Code.
(9) The contents of any Evaluation and Appraisal Report ( EAR) prepared pursuant to
163.3191, Florida Statutes;
At this time the City is currently in theprocess of completing the
Evaluation and Appraisal Report ( EAR). Staff does notanticipate any conflicts.
(10) Whether the proposed amendment is consistent and in compliance with law;
Yes, the
proposed amendment is consistent and in compliance with the state law.
11) Whether the proposed amendment is consistent, and not in conflict, with the legislative
policy directives established by the city commission including, but not limited to, those set
forth in the city' s comprehensive plan and city code, adopted master plans, economic
development goals and objectives, community redevelopment plans, and brownfield areas
. The
proposed amendmentis consistent with policy directives established by the City Commission.
Letters/Phone Calls In Favor Or Opposition
To date, the City has not received any letters or phone calls in opposition to this proposal.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission, City
Manager, City Attorney /Staff, and is available on the City' s Website, LaserFiche, and the City' s
Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting
Agenda which has also been electronically forwarded to the individuals noted above, and which is
also available on the City' s Website, LaserFiche, and the City' s Server; has been sent to applicable
City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information,
Homeowner' s Associations/Representatives on file with the City, and all individuals who have
requested such information. This information has also been posted outside City Hall, posted inside
City Hall with additional copies available for the General Public, and posted at six ( 6) different
locations around the City. Furthermore, this information is also available to any individual requestors.
City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
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The proposed Ordinance was advertised in the Orlando Sentinel on Sunday, December 3, 2017.
RECOMMENDATION:
Staff recommends that the Planning & Zoning Board forward a recommendation of approval to the City
Commission for Ordinance 2017-13.
ATTACHMENTS
:
1. Exhibit A – Trail Missing Link Map (1 page)
2. Exhibit B - Ordinance 2017-13 (4 pages)
3. Exhibit C - Developer’s Agreement (13 pages)
4. Exhibit D - Advertisement, Orlando Sentinel (1 page)