HomeMy WebLinkAbout1997 03 10 Regular Item D
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COMMISSION AGENDA
ITEM
REGULAR X
CONSENT
INFORMATIONAL
D
March 10, 1997
Meeting
MGRV':oEYr. 'l.~
Authorization
REQUEST: Community Development Department requests the City Commission to approve
the first reading for adoption of Ordinance No. 652, to change the Future Land
Use designation of a .229 acre parcel located on the north side of State Road 434
approximately 3,000 feet east of U.S. 17/92.
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the first reading
of Ordinance No.652 to change the Future Land Use designation of a .229 acre parcel,
that would be developed along with two other parcels into a Winn-Dixie Grocery Store,
from county designation "Commercial" to City designation "Commercial".
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3187(1)(c) F.S. which states in part "Any local government
comprehensive plan amendments directly related to proposed small scale development
activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan.
A local government is not required to comply with the requirements of 163.3184(15)(c)
F.S. concerning the holding of two (2) public hearings for adoption ofa small scale
amendment if the local government complies with the provisions of 166.041(3)(c) F.S. for
a municipality [Le. no transmittal public hearing to send the amendment to the Florida
Department of Community Affairs].
5'
MARCH 10, 1997
AGENDA ITEM D
Page 2
CONSIDERA nONS:
1. The Planning & Zoning BoardILocal Planning Agency recommended approval to
the City Commission the annexation ofthe.229 acre parcel (parcel 3) into the
City, based on the findings indicated in the Staff Report on annexation of this
parcel (parcel 3).
2. The Future Land Use Map designation and zoning designation requests for the
.229 acre parcel were reviewed by the Planning & Zoning BoardILocal Planning
Agency on February 5, 1996 and the Board recommended to the City Commission
that the parcel be designated "Commercial" on the City's Future Land Use Map
and designated C-l "Neighborhood Commercial" on the City's Zoning Map.
FINDINGS:
1. The proposed land use, development of a Winn-Dixie Grocery Store, is compatible
with the commercial nature of S.R. 434.
2. The adjacent parcels are indicated as "Commercial" on the City's Official Future
Land Use Map, and therefore consistent and compatible with the city's
Comprehensive Plan.
3. The adjacent parcels are indicated as C-l "Neighborhood Commercial" on the
City's Official Zoning Map, and therefore consistent and compatible with the City
zomng.
4. There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for commercial pursuits.
5. The City can extend sewer, water, re-use water and other urban services to the
subject parcel and adjacent parcels (1) and (2) that it provides to other areas of the
City.
6. The proposed commercial use is compatible with the natural environment of the
nearby area.
7. The proposed use of the property for a commercial pursuit, specifically for a
Winn-Dixie Grocery Store will have a positive, significant economic impact on the
City.
MARCH 10, 1997
AGENDA ITEM D
Page 3
RECOMMENDATION:
Staff recommends approval of the first reading of Ordinance No. 651 to change the
Future Land Use designation from county "Commercial" to City "Commercial" on a .229
acre parcel based on:
1. The findings indicated above;
2. The recommendation of the Local Planning Agency at its February 5, 1997
meeting.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second reading and public hearing on
March 24, 1997 and adopt Ordinance 652 to change the Future Land Use designation
from county "Commercial" to City "Commercial" on the City's Future Land Use Map.
The ordinance for the small scale comprehensive plan amendment change to the City's
Future Land Use Map would take effect thirty-one (31) days after adoption [ref.
163.3187(3)(a) F.S.]
ATTACHMENTS:
1. Parcel Boundary Map.
2. Staff Report to P & Z BoardlLP A.
3. Ordinance No. 652.
COMMISSION ACTION:
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
LOCAL PLANNING AGENCY
REGULAR AGENDA ITEM:
c. BRANDON SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
(SM-CP A-2-97)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.317 4( 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. BACKGROlJNJ2:
APPLICANT:
Brandon Acquisitions, Inc. (Contract owner)
800 N. Highland Ave.
Orlando, FL 32803
(407) 843-4000
OWNER:
."
Big Cypress Associates, Inc.
833 N. Highland Ave., Suite 2-B
Orlando, FL 32803
REQUEST:
For change of Future Land Use designation from Seminole County's designation of
"Commercial" to the City's designation of "Commercial".
PURPOSE:
Applicant wants the .229 acre parcel developed under the same City regulations as parcel
2 and parcell.
PROPERTY:
Location: Approximately 3,000 feet east of the intersection of S.R. 434 and U.S. 17/92 on
the north side ofS.R. 434 opposite Timberlane Drive.
Legal Description: That portion of Lot 57 Block "D" D.R. Mitchell's Survey of the Levy
Grant as recorded in Plat Book 1, Page 5, Public Records of Seminole county, Florida
lying north of State Road 434 and west of the Florida Power Corporation Easement.
ACREAGE:
.229 acres "more or less~'.
PARCEL NUMBER:
33-20-30-515-0103-0000
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant, no trees, grassed area.
CHRONOLOGY OF SUBJECT PROPERTY:
Parcel was part of the only portion of the City of Casselberry that extended on the north
side of S.R. 434. Casselberry deannexed the parcel recognizing that such a small part of
the city was of no value and that it created confusion in the recognition of city boundaries.
n. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
HQtlh:
Smtlh:
Em:
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Golf course and Florida Power Easement.
S.R. 434 right-of-way and further south is the continuation of the Florida
Power Easement and commercial and residential south of that.
Golf course and buildings associated with the golf course.
Vacant open land with scattered tree stands.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County designation) "Commercial"
Requested: (City designation) "Commercial"
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
Nw:th:
Sml1h:
East:
~:
"Commercial"
(S.R. 434 right-of-way), further south (City of Casselberry) "Medium
Density" maximum 13 DU/acre.
"Commercial"
"Commercial"
ZONING OF SUBJECT PROPERTY:
Existing: (County designation) C-2 "Retail Commercial District"
Requested: (City designation) C-I "Neighborhood Commercial"
ZONING ADJACENT TO SUBJECT PROPERTY:
~:
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C-l
(City of Casselberry) RMHP "Medium Density Mobile Home Park"
C-l
C-I
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 south side.
b. Function Classification:
S.R. 434 is an urban arterial4-lane east west roadway~
c. Improvements/expansions (including right-of-w~ acquisition) already
programmed or needed as a result of the proposed amendment
None.
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site. . .
None.
b. Improvements/expansions needed as a result of proposed amendment:
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:
A line would have to be installed running to the Wastewater treatment
plant to the north of the property near the Florida Power Easement.
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.
b. Improvements/expansions needed as a result of proposed amendment:
There is an existing line along the paved road to the wastewater treatment
plant t to the north that comes south part way and eastward then
southward to Bell Street. This line is available for tapping into for re-sue
water to the subject parcel (parcel 3) as well as to Parcell and Parcel 2.
DRAINAGE/STORMW ATER:
, 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, IWS until
December, 1996. 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:
None, since this will be a commercial project with no residential
component.
B. LAND USE COMP ATffiILITY:
1. SOILS:
The soils on this property are: Urban Land-Astatula-Apopka. The Urban land part
of this map unit is covered by concrete, asphalt, buildings or other mpervious
surfaces that obscure or alter the soils so that their identification is not feasible.
The soils in this map unit are well suited to urban used and moderately well suited
to recreational use.
2. TOPOGRAPHY:
The subject property and surrounding area have very slight grade. .
3. FLOOD PRONE AREA:
The subject parcel (parcel 3) is not in a wetlands area as indicated in Figure F-8 of
the City's Comprehensive Plan. A review of the FEMA National Flood Insurance
Program Rate Map (12117C0130-E; April 17, 1995) indicates the subject parcel is
not within the 100 year flood prone area.
4. NATURAL RESOURCES, mSTORIC RESOURCES.
No natural or historic resources have been found.
5. WILDLIFE AND SPECIES DESIGNATED AS ENDANGERED,
THREATENED OR SPECIAL CONCERN:
No federally listed endangered plants are known to exist in the county. Since little
is known about the actual species occurring within the City, it is essential that
surveys of such species be completed prior to site development of parcels
containing native vegetation communities. The subject parcel does not have native
vegetation communities due to prior clearing.
6. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND
USES.
The proposed future land use change from (county) "Commercial" to (City)
"Commercial" will not negatively impact adjacent land uses, since on the north side
of S.R. 434 the surrounding parcels are designated "Commercial" also. On the
south side is the S.R. 434 right-of-way.
There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for a Winn-Dixie Grocery Store. The adjacent
parcel to the north and east will be utilized in the development of the grocery
store.
C. ECONOMIC DEVELOPMENT:
Development of a well established grocery store chain outlet on the parcel and adjacent
parcels will add to the City's tax base, over that of existing vacant land.
,D. CONSISTENCY/CO:MPATIDILITY WITH CITY'S CO:MPREHENSIVE PLAN:
The subject parcel is scheduled to be annexed into the City on March 10, 1997 when the
second reading and public hearing on proposed ordinance 650 occurs. The proposed
small scale comprehensive plan amendment prompted by the annexation changing the
county designation "Commercial'~ to.the City designation of "Commercial" is compatible'
with the surrounding commercial land uses to the east and west along S.R. 434.
IV. FINDINGS:
1. The proposed land use, development ofa Winn-Dixie Grocery Store, is compatible
with the commercial nature of S.R. 434.
2. The adjacent parcels are indicated as "Commercial" on the City's Official Future
Land Use Map, and therefore consistent and compatible with the city's
Comprehensive Plan.
3. The adjacent parcels are indicated as C-1 "Neighborhood Commercial" on the
City's Official Zoning Map, and therefore consistent and compatible with the City
zorung.
4. There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for commercial pursuits.
5. The City can extend sewer, water, re-use water and other urban services to the
subject parcel and adjacent parcels (1) and (2) that it provides to other areas of the
City.
6. The proposed commercial use is compatible with the natural environment of the
nearby area.
7. The proposed use of the property for a commercial pursuit, specifically for a Winn-
Dixie Grocery Store will have a positive, significant economic impact on the City.
V. STAFF RECOMMENDATION:
Staff recommends the Local Planning Agency recommend approval to the City
Commission the request by Brandon Acquisitions, Inc. for a change from county Future
Land Use designation of "Commercial" to City Future Land Use designation of
"Commercial" on Parcel 3, a .229 acre parcel.
ATTACHMENTS:
1. Letter from Brandon Acquisitions, Inc. To Don LeBlanc dated January 23, 1997.
2. "Sketch and Description for The Brandon Company"
3. Aerial View with property boundary superimposed of the Brandon property.
ORDINANCE NO. 652
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF A CERTAIN
PARCEL KNOWN AS THE "BRANDON" PROPERTY
AND MORE PARTICULARLY DESCRIBED BELOW
FROM COUNTY "COMMERCIAL" TO CITY
"COMMERCIAL" ON THE CITY'S FUTURE LAND
USE MAP PURSUANT TO 163.3187 and 166.041
FLORIDA STATUTES; PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP;
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City commission of the City of
Winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
winter Springs, Florida to change the future land use from its
present county designation of "Commercial" to City designation
of "Commercial" on the following real- property situate in
winter Springs, Florida as'a result of annexation (Ordinance
650 adopted on March 24, 1997):
THAT PORTION OF LOT 57 BLOCK "0" D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT AS
RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
LYING NORTH OF STATE ROAD 434 AND WEST OF
THE FLORIDA POWER CORPORATION EASEMENT.
WHEREAS, the City Commission for the City of
winter Springs, Florida has determined that the change of
future land use of the above described property will be
consistent with the intent the city's Comprehensive Plan and
compatible with existing land uses in adjacent areas.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs, hereby
changes the future land use designation of county "Commercial"
to City designation of "Commercial" on the City's Future Land
Use Map on the following described property:
THAT PORTION OF LOT 57 BLOCK "D" D. R.
MITCHELL'S SURVEY OF THE LEVY GRANT AS
RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
LYING NORTH OF STATE ROAD 434 AND WEST OF
THE FLORIDA POWER CORPORATION EASEMENT.
SECTION II - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part, of this Ordinance.,
SECTION, III "':' That alL Ordinances or parts of Ordinances;
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect thirty-one
(31) days after adoption, in accordance with 163.3187(3) (a)
Florida Statutes.
PASSED AND ADOPTED this____day of
, 1997.
CITY OF WINTER SPRINGS
PAUL PARTYKA, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING