HomeMy WebLinkAbout2013 02 06 Public Hearing 501 Racetrac FLUMLOCAL PLANNING AGENCY AGENDA
ITEM 501
February 6, 2013
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST:
The Community Development Department — Planning Division requests that the Local
Planning Agency hold a Public Hearing to consider Ordinance 2013-04, a Small -Scale
Future Land Use Map Amendment which proposes to change the Future Land Use Map
designation on three parcels from Seminole County MXD "Mixed Development'' to City
of Winter Springs "Commercial" for approximately 1.66 acres, generally located on the
southwest corner of the intersection of U.S. 17-92 and State Road 419.
PURPOSE:
The City of Winter Springs Community Development Department has received an
application for a Small -Scale Future Land Use Map Amendment, which if approved,
would change the Future Land Use Map designation for three parcels totaling 1.66 acres
in size generally located on the southwest corner of the intersection of U.S. 17-92 and
State Road 419 from Seminole County MXD "Mixed Development" to City of Winter
Springs "Commercial". The applicant has indicated the parcels will be utilized in the
development of a RaceTrac gas station that is proposed to be developed on a portion of
the three subject parcels and partially on the abandoned Hess gas station that is located
adjacent to the subject parcels.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall:
(a) Be the 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...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
February 6, 2013
Public Hearing Agenda Item 501
Page 12
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;
Section 15-36. Review criteria;
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff's
recommendation, and recommend that the City Commission approve, approve with
modifications (text only), or deny the application for transmittal to the Department of
Economic Opportunity. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff. The LPA shall hold at least one (1) public hearing
prior to making its recommendation to the City Commission.
CONSIDERATIONS:
Applicant —Thomas Sullivan, Lowndes Law Firm.
Location — southwest corner of the intersection of U.S. 17-92 and State Road 419
adjacent to the abandoned Hess Station. Specifically, the parcels are located at 3237
North U.S. 17-92, 1730 State Road 419, and 1810 State Road 419.
Site Information — The three parcels totaling 1.66 acres currently have a future land use
designation of Seminole County MXD "Mixed Development". The applicant has
petitioned the City to change the future land use designation of the parcels to City of
Winter Springs "Commercial" to utilize them in the development of a RaceTrac gas
station that is proposed to be developed on a portion of the three subject parcels and
partially on the abandoned Hess gas station that is located adjacent to the subject parcels.
The proposed rezoning complies with specific gas station location criteria noted within
Section 20-418. Specifically, the site exceeds the minimum air line distance of three
hundred fifty (350) feet, measured in a straight line from the nearest points of lot
boundaries, between a proposed gasoline station and any existing gasoline station or
between a proposed gasoline station and any lot zoned residential or any lot on which a
school or playground is proposed or exists.
PARCEL
Property Addresses: 3237 North U.S. 17-92
1730 State Road 419
1810 State Road 419
Property Owners:
Applicant Address:
Property Appraiser Parcel LD numbers
Property Acreage:
Property Legal Descriptions:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
February 6, 2013
Public Hearing Agenda Item 501
Page 13
RaceTrac Petroleum, Inc., JJJJ Williams 4
LLC, Michael and Adriana Abdin.
215 North Eola Drive, Orlando, FL 32801
22-20-30-300-0270-0000, 22-20-30-300-
0300-0000, 22-20-30-300-0310-0000
Approximately 1.66 acres
LEG SEC 22 TWP 20S RGE 30E
BEG 130 FT W OF SE COR OF
NE 1/4 OF SW 1/4 OF SW 1/4
RUN N 100.08 FT W 87.5 FT
N 49 DEG 38 MIN 28 SEC W TO
SELY R/W US 17-92 SWLY ALONG
R/W TO A PT W OF BEG E TO BEG, LEG
SEC 22 TWP 20S RGE 30E
S 100FTOFE 130FTOFN
1/2 OF SW 1/4 OF SW 1/4, LEG SEC 22
TWP 20S RGE 30E
N 155.5 FT OF S 255.5 FT
OF E 130 FT OF N 1/2 OF SW
1/4 OF SW 1/4 (LESS RD)
Seminole County C-2 (Retail Commercial
District)
Seminole County MXD "Mixed
Development"
City of Winter Springs "Commercial"
Existing Land Uses —The properties are currently the site of a vacant commercial parcel, a
former auto repair facility, and a vacant residential home that was constructed in 1949.
The surrounding area is comprised of commercial uses in both Seminole County and the
City of Winter Springs. Adjacent existing land uses, zoning and future land use
designations include the following:
February 6, 2013
Public Hearing Agenda Item 501
Page 14
Subject
Properties
Existing Land Uses
Vacant commercial, former auto
repair facility, single-family home
Zoning
Seminole County
C-2 (Retail
Commercial
District)
Future Land Use
Seminole County MXD
"Mixed Development"
North
Abandoned Hess gas station
City of Winter
City of Winter Springs
Springs C-2
"Commercial"
(General
Commercial
South
..................................................................................................................................
Boat sales and service facility
Seminole County
Seminole County MXD
C-2 (Retail
"Mixed Development"
Commercial
District)
East
..................................................................................................................................
S.R. 419 right-of-way
None
None
West
..................................................................................................................................
U.S. 17-92 right-of-way
.,,,, .,,,,,.
None
None
Development Trends — The subject parcels along with the adjacent parcels consist
primarily of commercial uses. The parcels are adjacent to the intersection of SR 419 and
U.S. 17-92, which is a major commercial node. This is an area that is conducive to
commercial development.
Proposed Future Land Use Classification — The proposed change in the future land use to
City of Winter Springs "Commercial" will permit the development of a gas station on the
subject parcels in conjunction with the parcel to the north, which is the site of an
abandoned Hess gas station. The current designation of Seminole County MXD "Mixed
Development" permits both residential and commercial development on the parcels. Per
the City's Comprehensive Plan, the "Commercial" future land use designation permits the
type of development that is proposed and permits a floor area ratio on the property of 0.5.
Based on a conceptual plan that the applicant presented to staff as a point of discussion,
the parcels will be utilized in the as gas pumps, parking areas, and as the market that is
associated with the proposed gas station. According to the application received by the
City, no environmental impacts are anticipated. If during the design phase any such
impacts are unavoidable, the applicant will be required to mitigate said impacts in
accordance with all applicable laws. Development of these parcels in conjunction with
the abandoned Hess station located adjacent to the parcels appears to be the highest and
best use of the property and is encouraging infill development. The proposed rezoning
complies with specific gas station location criteria noted within Section 20-418.
Specifically, the site exceeds the minimum air line distance of three hundred fifty (350)
feet, measured in a straight line from the nearest points of lot boundaries, between a
proposed gasoline station and any existing gasoline station or between a proposed
gasoline station and any lot zoned residential or any lot on which a school or playground
is proposed or exists.
Letters/Phone Calls In Favor Or Opposition — To date, the City has not received any
letters or phone calls in favor of or in opposition to this proposal.
February 6, 2013
Public Hearing Agenda Item 501
Page 15
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Designation - The requested future land use map
designation is City of Winter Springs "Commercial". The applicant has applied for the
future land use amendment in order to develop a RaceTrac gas station on the three subject
parcels and on the abandoned Hess gas station that is located adjacent to the subject
parcels. These parcels will be developed as one (1) site. The proposed use and density is
compatible with the surrounding area, as it generally characterized by commercial
development patterns.
Public Facilities:
ROADS/TRAFFIC CIRCULATION:
The parcels have frontage on both U.S. 17-92 and S.R. 419.
Availability of Access:
A conceptual plan presented by the applicant as a point of discussion proposes access
points along both U.S. 17-92 and S.R. 419 as the parcels have frontage along both
roadways.
Function Classification:
U.S. 17-92 is a federal north -south principal arterial located along the western boundary
of the City. Within this portion of the City of Winter Springs, U.S. 17-92 is a four -lane
roadway. According to the City's Comprehensive Plan, the level of service (LOS) on this
portion of U.S. 17-92 is `F'/C. This portion of U.S. 17-92 is proposed for widening, but
the subject parcels and the adjacent parcel to the north are not proposed to be affected by
any right-of-way takings.
S.R. 419 is a state minor arterial that runs from S.R. 434 in Winter Springs to U.S. 17-92
near Lake Mary. Within the City, it is a two-lane undivided facility. According to the
City's Comprehensive Plan, the level of service (LOS) on this portion of S.R. 419 is `D'.
The proposed amendment is not anticipated to affect the adopted LOS standards on the
adjacent roadways. A detailed transportation impact analysis will be required to be
submitted and approved by the City during review of the Final Engineering Plans.
POTABLE WATER:
Seminole County water lines are available in the general vicinity of the subject property.
At the time of development, the applicant will be required to extend water lines to the
subject property.
February 6, 2013
Public Hearing Agenda Item 501
Page 16
WASTEWATER
Seminole County sewer service is available in the general vicinity of the subject property.
At the time of development, the applicant will be required to extend sewer service to the
subject property.
RECLAIMED WATER:
No reclaimed water facilities currently serve the subject parcels.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service. Progress
Energy will provide service to this area, with no interruption of existing service. A future
land use change will not impact current electric rates.
SOLID WASTE:
The City of Winter Springs currently has a franchise agreement and is serviced by Waste
Pro of Florida, Inc., a private solid waste contractor who will provide service to this area.
STORMWATER MANAGEMENT:
Facilities serving the parcels: None currently. Upon development, the site will be required
to provide on -site stormwater management in accordance with all applicable St. John's
River Water Management District (SJRWMD) 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.
FIRE:
Seminole County is responsible for fire protection. Station 35, located at 201 West
County Home Road, Sanford, Florida is the closest fire station. The response time is
approximately two minutes.
NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES:
The change in designation from Seminole County MXD "Mixed Development" to City of
Winter Springs "Commercial" will not result in any nuisance potential for the
surrounding properties because proposed uses are compatible with the "Commercial"
future land use designation, and the subject property is surrounded primarily by
commercial development.
NATURAL RESOURCES COMPATIBILITY:
According to the Seminole County Property Appraiser's data, there are no wetlands on
the subject parcels, or within the vicinity of the subject parcels. An environmental
assessment will be required to be submitted and approved by the City during review of
the Final Engineering Plans.
February 6, 2013
Public Hearing Agenda Item 501
Page 17
SOILS
According to the Seminole County Property Appraiser's data, the parcels consist of
Basinger, Samsula and Hontoon Soils — Depressional. Basinger, Samsula and Hontoon
Soils - Depressional are nearly level, very poorly drained such as those that are found in
swamps and depressions. The subject parcels and the adjacent parcels are currently
developed.
FLOOD PRONE AREAS
According to the Seminole County Property Appraiser's records, the property is within
flood zone "X". Based on this data, no areas of the property appear to be flood prone.
HISTORIC RESOURCES
No known historical resources are located on the subject property or within the vicinity of
the subject property.
WILDLIFE
There is no evidence of wildlife currently occupying the subject parcels. An
environmental assessment will be required to be submitted and approved by the City
during the review of the Final Engineering Plans.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
Future Land Use Element
Per the Comprehensive Plan, the "Commercial" future land use category permits a
maximum floor area ratio of 0.5. The type of development proposed is allowed in the
Commercial future land use category. The proposed rezoning complies with specific gas
station location criteria noted within Section 20-418. Specifically, the site exceeds the
minimum air line distance of three hundred fifty (350) feet, measured in a straight line
from the nearest points of lot boundaries, between a proposed gasoline station and any
existing gasoline station or between a proposed gasoline station and any lot zoned
residential or any lot on which a school or playground is proposed or exists. The
surrounding area is generally characterized by commercial uses, therefore, the proposed
future land use amendment is consistent with the Comprehensive Plan.
The proposed future land use amendment is consistent with the following objectives and
policies from the Future Land Use Element of the Comprehensive Plan:
1. Policy 1.3.4 - requires the City to support proposed future land use map
amendments with data and analysis demonstrating that adequate water supplies
and associated public facilities will be available to meet the projected growth
demands.
2. Policy 1.4.2 — requires the City to encourage the efficient use of land with
compatible infill and higher density and intensity development within the U.S. 17-
92 CRA corridor.
February 6, 2013
Public Hearing Agenda Item 501
Page 18
3. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate
adjacent to arterial roads and mass transit systems.
4. Policy 1.7.1 - requires the City to consider existing and proposed land uses in
adjacent jurisdictions when reviewing proposed land use amendments.
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of the City Code and
with all applicable requirements.
3. Considering the type and location of uses involved and the general character of
the area, the change of the FLUM designation will not result in any incompatible
land uses, including such factors as height, bulk, scale, intensity, traffic, noise,
drainage, dust, lighting, appearance, and other factors deemed important.
4. The request is consistent with Florida Statute Chapter 163, Part H, of the Florida
Statutes.
FISCAL IMPACT:
The proposed Small -Scale future land use amendment, which re -designates the property
from Seminole County MXD "Mixed Development" to City of Winter Springs
"Commercial", will provide additional taxable value to the City. The subject parcels are
conducive to commercial development as surrounding properties consist of commercial
uses. The proposed use is consistent with the City's determination of the highest and best
use of the subject property and represents a redevelopment of the property.
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and
Zoning Board members and are available on the City's Website, LaserFiche, and the
City's Server. The Agenda has been forwarded to the Mayor and City Commission; City
Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to
media/press representatives, all Homeowner's Associations on file with the City, all
individuals who have requested Agenda information, Department Directors; and also
posted outside City Hall; posted inside City Hall with additional copies available for the
general public.
Adjacent property owners have been notified by US mail. Pursuant to Florida Statutes
171.044 (6), the Seminole County Board of County Commissioners was sent via Certified
Mail the notice of annexation for the subject parcels on January 25, 2013. In addition, a
yellow sign noting the date and time of the public hearing has been erected on the
property.
February 6, 2013
Public Hearing Agenda Item 501
Page 19
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency hold a Public Hearing and recommend
Approval to the City Commission for First Reading of Ordinance 2013-04, a Small -Scale
Future Land Use Map Amendment to change the Future Land Use Map designation from
Seminole County MXD "Mixed Development" to City of Winter Springs "Commercial"
for three parcels consisting of approximately 1.66 acres, generally located on the
southwest corner of the intersection of U.S. 17-92 and State Road 419.
ATTACHMENTS:
A. Ordinance 2013-04
B. Conceptual Plan
C. Proposed building elevations
D. Advertisement, Orlando Sentinel — January 24, 2013
Attachment "A"
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Attachment "B"
SITE PLAN ��, TANNATH DESIGN, INC. Q
RACETRAC 41 U74-Winter Sprnys
2494 ROSE SPRING DRIVE
A ORLANDO, FLORIDA 32825
SITE SR 17-92 and SR 41 g (ao]) 962-987e ERVAN R. POTTs, P.E.
RACETRAC PETROLEUM,INC. FL. REG. 4-1
Winter Springs, Florida (4U]) 2U&1425 fax
Nc,1UI1 C11)ATLANT BOULEVARD
p _ _ SUITE 100 ARANTA, GA }0}31 FL. CERT.
T.OFe JTH.om
(770) 431-7600 FL. CERT. OF A�JTH. #2]199 DATE
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Attachment "D"
ORDINANCE NO.2013-03 i
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ANNEXING THREE (3)
PARCELS OF LAND COMPRISING APPROXIMATELY 1.66 GROSS ACRES, MORE OR LESS, CURRENTLY WITHIN
SEMINOLE COUNTY, FLORIDA, AND GENERALLY LOCATED QNTHE SOUTHWEST CORNER OFTHE INTERSECTION OF
U.S.17.92 AND STATE ROAD 419 AT 3237 NORTH US,17-92,173D STATE ROAD 41% AND 1810 STATE ROAD 419, SAID
PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING
FOR THE AMENDMENT OF WINTER SPRINGS CHARTER, ARTICLE II, BOUNDARIES, TO INCORPORATE THE REAL
PROPERTY INTOTHE CITY BOUNDARIES; PROVIDING FORTHE FILING OFTHE REVISED WINTER SPRINGS CHARTER
WITH APPROPRIATE AGENCIES UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
ORDINANCE NO.2013-04 j
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS; SEMINOLE COUNTY, FLORIDA,
RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND
USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS DESCRIBED AS
THREE (3) PARCELS OF LAND, CONTAINING 1.66. GROSS ACRES, MORE OR LESS, AND, GENERALLY LOCATED ON
THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17.92 AND STATE ROAD 419 AT 3237 NORTP,U.S.17-92,
1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED ANb
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "MIXED DEVELOPMENT (MXDy"TO CITE'
OF WINTER SPRINGS "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES ANb
RESOLUTIONS; INCORPORATION INTO THE COMPREHENSIVE PLAN; SEVERABILITY, AND -AN EFFECTIVE DATE AND
LEGAL STATUS OFTHE PLAN AMENDMENT,
ORDINANCE NO. 2013 05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORMA' ,
CHANGING THE ZONING MAP DESIGNATION OF THREE (3) PARCELS OF REAL PROPERTY TOTALING 1.66 GROSS
ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE €NTERSECTION OF
U.S 17-92 AND STATE ROAD 419 AT 3237 NORTH U.S.17-42,1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID
PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM
SEMINOLE COUNTY "C-2 RETAIL COMMERCIAL DISTRICT" TO WINTER SPRINGS "0-2 GENERAL COMMERCIAL
DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
LOCATION MAP
P Q
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1,
PLANNING & ZONING BOARD! LOCAL PLANNING AGENCY PUBLIC HEARING
WILL BE HELD ON
WEDNESDAY, FEBRUARY 6, 2013
AT 5.30 P.M. OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION FIRST READING PUBLIC HEARING WILL BE HELD ON
MONDAY, FEBRUARY 25, 2013
AT 5:15 P M, OR SOON THEREAFTER IN THE
COMMISSION CHAMBERS LOCATED AT
WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
CITY COMMISSION SECOND READING PUBLIC HEARING
WILL BE HELb ON
MONDAY, MARCH 11, 2013
AT5:15 P.M. OR SOONTHEREAFTER IN THE
�"COMMISSION CHAMBERS LOCATED AT
f WINTER SPRINGS CITY HALL
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA
The proposed ordinance may be obtained by interested parties betwaen 8 a.m. and 5 p.m., Monday through Friday, at the Ciiys Clerk's Office,
located at 1120 E. $R 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with d€sabililles needing assistance
to participate in any of these pronaedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at
(407) 327.1800, #236. This is a public hearing. Intaresied parties are advised that they may appear at the meeting and be heard with respect to the
proposed ordinance. If you dec de to appeal any recommendalian or derision made hu she Ciro Comm sc An "Ian ,ace"�r + a"u u aiier. s dare
at Mis meeting, you will need a record of the proceedlings, and for such purposes, you may need to ensure that a verbatim record of the proceedings
7r is made upon which the appeal is based.