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HomeMy WebLinkAbout1997 09 22 Regular Item C \ - .;. COMMISSION AGENDA ITEM C REGULAR X CONSENT INFORMATIONAL September 22. 1997 Meeting MGR~~ j uthorization REQUEST: The Community Development Department - Planning Division requests the City Commission approve the second reading and adoption of Ordinance 681 to change the future land use designation of a 1.47 acre parcel located approximately 700 feet west of the intersection of Wade Street and Old Sanford-Oviedo Road, on the south side of Old Sanford-Oviedo Road, from county designation of "Industrial" to the City's designation of "Industrial". PURPOSE: The purpose of this Board Item is to request the Commission to approve the second reading and adoption of Ordinance No. 681 to change the future land use designation ofa 1.47 acre (Bracco) parcel in a county enclave from county designation "Industrial" to the City's designation of "Industrial", 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 of a small scale amendment if the local government complies with the provisions of 166.041(3)(c) F,S. for a municipality [i.e. no transmittal public hearing to send the amendment to the Florida Department of Community Affairs]. "' SEPTEMBER 22, 1997 AGENDA ITEM C Page 2 CONSIDERA TIONS: 1. The Local Planning Agency on August 20, 1997 recommended to the City Commission that the "Bracco" property be redesignated from county "Industrial to "Industrial" on the City's Official Future Land Use Map. 2. The Planning & Zoning Board on August 20, 1997 recommended to the City Commission that the "Bracco" property be rezoned from county M-1 "Industrial District" to C-2 "General Commercial and Industrial" on the City's Official Zoning Map. 3. The City Commission, at its September 8, 1997 meeting, approved the first reading of Ordinance No, 681 to change the future land use designation of a 1.47 acre (Bracco) parcel in a county enclave from county designation "Industrial" to the City's designation of "Industrial". FINDINGS: 1. The existing land use, and further development of the property as an industrial establishment, is compatible with the dominant existing industrial land use of Old Sanford-Oviedo Road. 2. The nearby parcels to the north, west and east in the county enclave nad the City are indicated as "Industrial" on the City's Official Future Land Use Map, and therefore consistent and compatible with the City's Comprehensive Plan. 3. The nearby parcels to the north, west, and east in the countyu enclave are designated M-1 "Industrial District" on the county Zoning Map. The surrounding properties on the north, east and west outside of the county enclave are designated C-2 "General Commercial and Industrial" on the City's Official Zoning Map. Therefore the subject parcel is consistent and compatible with City 4. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for industrial pursuits, 5. The City can extend sewer, water and other urban services to the subject parcel and adjacent parcels that it provides to other areas in the City. 6. The existing industrial use is compatible with the natural environment of the nearby area. " SEPTEMBER 22, 1997 AGENDA ITEM C Page 3 7. The existing and continued use of the property for an industrial pursuit, will have a positive, significant economic impact on the City. RECOMMENDA TION: Staff recommends adoption of Ordinance No. 681 to change the future land use Map designation on a 1.47 acre (Bracco) parcel from county Future Land Use Map designation "Industrial" to City Future Land Use Map designation of "Industrial" based on: 1. The findings indicated above; 2. The recommendation of the Planning & Zoning Board that the City Commission approve the change of future land use designation from county Future Land Use Map designation of "Industrial" to City Future Land Use Map designation of "Industrial" IMPLEMENTATION: The City Commission would hold the second reading and adopt Ordinance 681 on September 22, 1997. The ordinance takes effect 31 days after adoption per 163.3187(3)(a) Florida Statutes, ATTACHMENTS: 1. Staff Report 2. Ordinance No. 681 COMMISSION ACTION: 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: II. C. BRACCO SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (SM-CPA-5-97) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4) Florida Statutes which states "Be the agency (Local Planning Agency) responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the Local Planning Agency shall hold at least one public hearing, with public notice, on proposed plan or plan amendment. " The provisions of Sec. 2-57 of the City Code which state in part". . . the planning and zoning board shall serve as the local planning agency pursuant to the county comprehensive planning act and the local government comprehensive planning act of the state. . ," The provisions of 163,3187 F. S. which state in part "Small scale development amendments adopted pursuant to the paragraph (1 )( c) require only one public hearing before the governing board, which shall be an adoption hearing, , . Small scale development amendments shall not become effective until 31 days after adoption." I. BACKGROUND: APPLICANT: Frank Bracco 621 Morgan Street Winter Springs, FL 32708 (407) 327-6000 OWNER: Frank Bracco 621 Morgan Street Winter Springs, FL 32708 REQUEST: For change of Future Land Use designation from Seminole County's designation of "Industrial" to the City's designation of "Industrial". PURPOSE: Applicant wants the 1.47 acre parcel to utilize City water and sewer and sewer when available. PROPERTY: Location: Approximately 700 feet west of the intersection of Wade Street and Old Sanford-Oviedo Road, on the south side of Old Sanford-Oviedo Road. Legal Description: THE EAST Y2 OF LOT 8, ENTZMINGER FARMS ADDITION NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY. ACREAGE: 1.4 7 acres PARCEL NUMBER: 34-20-30-5A WOOOO-008A EXISTING LAND USE OF SUBJECT PROPERTY: Building with office and warehouse function. Parking of vehicles and storage of plumbing materials in the yard. CHRONOLOGY OF SUBJECT PROPERTY: Parcel was part of Lot 12 in Block C ofD,R. Mitchell's Survey of the Levy Grant on Lake Jessup, Orange County surveyed in 1874. Parcel was part oflarge area split from Orange County that became Seminole County. Parcel was included in the "planning area" for future annexation as indicated on page 70 of the city's Comprehensive Plan adopted by Ordinance 158 on September 26, 1977, FUNDING: No monies from the City are required. II. CONSIDERATIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: vacant, with tree foliage, South: Abandoned CSX railbed, further south is Florida Power easement, then S.R. 419. llil;: Lot with industrial building. West: Lot with industrial building. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) "Industrial". Requested: (City designation) "Industrial". FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: City designation of "Industrial". South: City designation "Commercial". East: (county designation) "Industrial", ~: (County designation) "Industrial". ZONING OF SUBJECT PROPERTY: Existing: (County designation) M-l "Industrial District" Requested: (City designation) C-2 "General Commercial and Industrial" District. ZONING ADJACENT TO SUBJECT PROPERTY: North: City designation C-2 "General commercial and Industrial" District. South: City designation C-l "Neighborhood Commercial". East: (county designation) M-l "Industrial District". ~: (county designation) M-l "Industrial District". III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application. A. PUBLIC FACILITIES: 1. ROADS/TRAFFIC CIRCULATION: a. Availability of Access: Old Sanford-Oviedo Road abuts this property on the north side. b. Function Classification: Old Sanford-Oviedo is classed as a "local" road. c. Improvements/expansions (including right-of-way acquisition) already programmed or needed as a result of the proposed amendment. None. 2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEMENT, POTABLE WATER: POT ABLE 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 running along Wade Street. SANIT ARY SEWER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: Developer will not be required to tap into the nearest line which is located near Excelsior Business Park on Moss Road and S.R. S. R. 434, At a later date when the trunk line is closer then tap-in will be required. RE-USE WATER SYSTEM: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: The nearest line is at 3rd Street and Edgemon, Re-use tap in would not be required at this time. 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 an exclusive franchise agreement with Browning Ferris Industries for collection. 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 COMPATIBILITY: 1. SOILS: This miscellaneous area is covered by urban facilities, such as shopping centers, parking lots, industrial buildings, houses, streets, sidewalks, airports and related structures. The natural soil cannot be observed. 2, TOPOGRAPHY: The subject property and surrounding area have very slight grade. 3. FLOOD PRONE AREA: A review of the FEMA National Flood Insurance Program Rate Map (12117C0135-E; April I?, 1995) indicates the subject parcel is not within the 100 year flood prone area. 4. NATURAL RESOURCES, HISTORIC 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. 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 and replanting with long- needle pine. 6. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES. The proposed future land use change from (county) "Industrial" to (City) "Industrial" will not negatively impact adjacent land uses, since on the north side of Old Sanford-Oviedo Road the parcel is undeveloped. The parcels on the immediately to the west and east of the subject parcel already developed with industrial type buildings" Although the subject (Bracco) parcel is part of a county enclave, it fits in with the surrounding parcels along Old Sanford-Oviedo Road, both in the City and county enclave, that have existing industrial activities. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for industrial purposes. Presently the property is used for storage of plumbing materials and as an office for the plumbing business. C. ECONOMIC DEVELOPMENT: Annexation into the City will add to and vary the City's tax base as a result of the current plumbing business on the property, The owner plans to expand his plumbing business at that property. He plans to erect an additional building. D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: The subject parcel is scheduled to be annexed into the City on September 22, 1997 when the second reading and public hearing on a proposed ordinance occurs. The proposed small scale comprehensive plan amendment prompted by the annexation changing the county designation "Industrial" to the City designation of "Industrial" is compatible with the general surrounding industrial land uses and Future Land Use Map "Industrial" land use designation to the north, east, and west along Old Sanford-Oviedo Road. IV. FINDINGS: 1. The existing land use, and further development of the property as an industrial establishment, is compatible with the dominant existing industrial land use of Old Sanford-Oviedo Road, 2. The nearby parcels to the north, west and east in the county enclave and the City are indicated as "Industrial" on the City's Official Future Land Use Map, and therefore consistent and compatible with the City's Comprehensive Plan. 3. The adjacent parcels inside the county enclave are county designated M-1 "Industrial District" on the county Zoning Map, The surrounding properties on the north, east and west outside of the county enclave are designated C-2 "General Commercial and Industrial" on the City's Official Zoning Map. Therefore the subject parcel is consistent and compatible with the City zoning, 4. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for industrial pursuits. 5. 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. 6. The existing industrial use is compatible with the natural environment of the nearby area. 7. The existing and continued use of the property for a industrial pursuit, 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 Frank Bracco, for a change from county Future Land Use designation of "Industrial" to City Future Land Use designation of "Industrial" on the 1.47 acre subject parcel. ATTACHMENTS: Aerial View with property boundary superimposed, [FRUEHT DISPOSAl IPERC. P~SI 1 . . 9 " N BRACCO PARCEL I I i I ,j ..0 10, EB 13,8 BLoelC C ~.