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HomeMy WebLinkAbout1999 12 06 Public Hearings Item D COMMISSION AGENDA ITEM D Consent Informational Public Hearing X Regular December 6, 1999 Meeting ;t-- Mgr. I Authorization ~. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the first reading and consideration of Ordinance 756 to designate the Lamoureux property (2.5 acres) Commercial on the Future Land Use Map. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for the first reading and consideration of Ordinance 756 to change the Future Land Use Map designation of the Lamoureux property from county designation "Suburban Estates" (1 DU per acre max.) 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 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] . CDDlNovember 24, 1999/1 :24 PM DECEMBER 6, 1999 PUBLIC HEARING AGENDA ITEM D Page 2 CONSIDERATIONS: . The subject property was annexed into the City on October 25, 1999. . The Local Planning Agency, at its November 3, 1999 meeting, recommended approval of the Future Land Use Map change with the condition that the applicant enter into a Development Agreement and comply with all of the requirements of the S.R. 434 Corridor New Development Area Regulations. FISCAL IMPACT: None LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: The following motion was made: "Based on the information provided and the findings as enumerated under Roman numeral three, the seven different findings there, I'll recommend that the City Commission approve a small scale comprehensive plan amendment changing (FLUM) the future land use map designation of the 2.5 acre Lamoureux property from county "suburban estates" (1 DU per acre) to "Commercial" based on that the owner agree to enter into a Developers Agreement with the City of Winter Springs to develop this property and comply with all of the requirements of the 434 Corridor Plan." Amendment to the motion: "I'd like to amend that motion, and to be consistent with the Battle Ridge Agreement, dated January 26, 1999." The board member, who made the original motion, asked "Are you trying to limit it, 11ark, to what's mentioned in this - what is he, Mayor-Chairman, A and B points dealing with the sizing of the trunk: lines sufficient only to provide water and sewer to the Battle Ridge Property and no other surrounding properties?" The board member responded, "Yes, that's what I'm trying to achieve there." 110TION CARRIED CDDlNovember 24, 1999/1: 1 5 PM DECEMBER 6, 1999 PUBLIC HEARING AGENDA ITEM D Page 3 STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission approve a small scale comprehensive plan amendment changing the Future Land Use 11ap (FLUM) designation of the 2.5 acre Lamoureux Property from county "Suburban Estates" (1 DU per acre) to "Commercial". IMPLEMENTATION SCHEDULE: The ordinance for the small scale comprehensive plan amendment would take effect thirty-one (31) days after adoption at the December 13, 1999 City Commission meeting. ATTACHMENTS: A. Ordinance 756 B. Map oflocation of the subject property. C. Staff Report D. Minutes of November 3, 1999, Local Planning Agency Meeting COMMISSION ACTION: CDDlNovember 24, 1999/1: 15 PM ATTACHMENT A ORDINANCE NO. 756 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 LAMOUREUX PROPERTY AND MORE PARTICULARLY DESCRIBED BELOW FROM COUNTY "SUBURBAN ESTATES" TO "COMMERCIAL" 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 designation of (county) "Suburban Estates" to (City) "Commercial" on the following real property situate in Winter Springs, Florida: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ~ OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA AND RUN WEST 990 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE EAST Y2 OF THE WEST Y2 OF THE NORTHWEST 'l4 OF THE NORTHEAST 'l4 OF THE SOUTHEAST 'l4 OF SAID SECTION 4, SAID CORNER ALSO BEING THE POINT OF BEGlNNING; THENCE RUN THE FOLLOWING APPROXIMATE COURSES AND DISTANCES ALONG THE BOUNDARIES OF SAID EAST Y2 OF THE WEST Y2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 'i4 OF THE SOUTHEAST 'i4: SOUTHERLY, 660 FEET MORE OR LESS; WESTERLY, 165 FEET MORE OR LESS; NORTHERL Y, 660 FEET MORE OR LESS; EASTERLY, 165 FEET MORE OR LESS TO THE POINT OF BEGINNING. 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 Future Land Use Map to keep the S.R. 434 Corridor commercial; that the adjacent properties on the north side of S.R. 434 westward have existing commercial enterprises; that the adjacent property (Winter Springs Executive Park) to the west has been designated by the City "Commercial" on the Future Land Use Map; that the "Commercial" designation on the small size (2.5 acre) of this property should create little impact on infrastructure such as traffic on the urban arterial roadway, S.R. 434; that the City Commission of the City of Winter Springs has determined that a future land use designation of "Commercial" will contribute to the City's Ad Valorem Tax yield. 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) "Suburban Estates" to "Commercial". SECTION IT - 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 . 1999. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: ANDREA LORENZO-LUACES, CITY CLERK 1 ST READING POSTED 2ND Reading and Public Hearing ATTACHMENT B ~. .~' : I:. ; i ____I , : \ I: .'-:_1 . - ---./ --' iBATTLE RIDGE PROPERTY If, !tJ ~ @ .G. ~, WOFFORD/SLAPPEY PROPERTY CD @) :3 N ~I fl. n. III i 1: \ \ ~ I I I: . ..'... ..~.. \ J (0 CJD ~ .f1'~ ~ p.. ~~ .,~ ~ ...:l I~., u.l o ~El ~; 1I:l~ CD '. ~.. ~ ~ r '- _______ __ _'.11 STATE ROAD ~34 t k. ': ~ ~ ~ ~. ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA . 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327-1000 Community Development Depl. Planning Division (ADD':' ON) LOCAL PLANNING AGENCY AGENDA ITEM (for November 3, 1999) II. E. LAMOUREUX SMALL SCALE COMPREHENSIVE PLAN AMENDMENT [ SM-CP A-3-99 ] Staff Report APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3174(4)(a) Florida Statutes which states in part "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. 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 the proposed plan or plan amendment. . CONSIDERATIONS: I. SUMMARY OF APPLICATION APPLICANT: OWNER: Robert Lamoureux 400 West State Road 434 Oviedo, FL 32756 Robert Lamoureux 400 West State Road 434 Oviedo, FL 32765 REQUEST: The applicant is requesting a change of Future Land Use 11ap designation from county "Suburban Estates" (1 DU per acre) to the City's "Commercial" designation. PURPOSE: To develop the property for commercial purposes rather than for agriculture or residential. NOTE: The owner has an existing car restoration and sales business to rear of property. A. SITE INFORMATION 1. PARCEL NUMBER 04-21-31-300-013A-0000 2. ACREAGE: 2.5 acres 3. GENERAL LOCATION: Approximately Y:z mile east of the beltway (S.R. 417 "the GreeneWay") north of S.R. 434 and adjacent to the Battle Ridge property. 4. LEGAL DESCRIPTION: EAST ONE-HALF (1/2) OF WEST ONE-HALF (1/2) OF NORTHWEST ONE-FOURTH (1/4) OF NORTHEAST ONE-FOURTH (1/4) OF SOUTHEAST ONE-FOURTH (1/4), SECTION 4, TOWNSHlP 21 SOUTH, RANGE 31 EAST, IN THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEING SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASE11ENTS OF RECORDS. 5. CHRONOLOGY OF SUBJECT PROPERTY: The property has been in the unincorporated area of the county. 6. DEVELOPMENT TRENDS: This general area along S.R. 434 in proximity to the beltway is experiencing development pressure. In recent years the McKinley's Mill residential subdivision was built on the south side of S.R. 434 just west of the subject property. Recently, the Battle Ridge property was approved for a 108 lot residential subdivision and conservation area. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. The City intends to create a higher density/intensity mixed use "GreeneWay Interchange District" modeled somewhat after the county's Higher Intensity Planned Development (IllPs) found around the airport, the 1-4 Corridor, etc. around a major transportation nexus. 7. EXISTING LAND USE OF SUBJECT PROPERTY: The parcel has a single family residence and several sheds used for a car restoration and sales business. 8. LETTERS/PRONE CALLS IN FAVOR OR IN OPPOSITION: Inquiry from the Planning Director of the City of Oviedo. B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: vacant, treed area to Lake Jessup. South: S.R. 434 and south of that is vacant land. East: vacant, partially treed area (entrance to Battle Ridge). West: vacant, partially treed area with an abandoned "hunting cabin": C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (county) "Suburban Estates" (maximum 1 DU per acre) Requested: "Commercial" . D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: ( city) "Lower Density Residential" (1.1 - 3.5 DU per acre) South: (Oviedo) "Low Density Residential" (1- 3.5 DU per acre) East: (city) "Lower Density Residential" (1.1 - 3.5 DU per acre). West: (city) "Commercial" (the Wofford/Slappey property). E. ZONING OF SUBJECT PROPERTY: Existing: (county) A-I "Agriculture". Requested: C-I "Neighborhood Commercial".. F. ZONING ADJACENT TO SUBJECT PROPERTY: North: R-IAA. South: (Oviedo) R-I "Residential" (8,500 sq. ft. lot size) east of McKinley's 11ill C-I "Commercial" west of McKinley's Mill. East: R-IAA "One Family Dwelling District"" West: C-l "Neighborhood Commercial". II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and/or issues which staff analyzed in reviewing this application. A. PUBLIC FACILITIES: 1. ROADS/TRAFFIC ClRCULATION: a. Availability of Access: Access is to S.R 434 b. Function Classification: Arnold Road is classified as an urban arterial. 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, STORMW ATER MANAGEMENT, POTABLE WATER: POTABLE WATER: a. Facilities serving the site. None. b, Improvements/expansions needed as a result of proposed amendment: The developer of the Battle Ridge property will extend the trunk line from around Vistawilla Drive eastward past the Wofford/Slappey property. Developer of the Wofford/Slappey property would lay all water line within the development and tap into the trunk line running along the north side of S.R. 434 that extends to the Battle Ridge property. SANITARY SEWER: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: The developer of the Battle Ridge property will extend the trunk line from around Vistawilla Drive eastward past the Wofford/Slappey property. Developer of the Wofford/Slappey property would lay all sewer lines within the development and tap into the trunk line running along the north side of S.R. 434 that extends to the Battle Ridge property. RE-USE WATER SYSTE11: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: None. There are no plans to extend re-use water lines to serve the subject property or Battle Ridge property. DRAINAGE/STOR11W ATER: a. Facilities serving the site. None. No structural drainage system. 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. The property would not involve a residential component; hence no requirement for recreational facilities or payment in lieu. B. LAND USE COMPATIBILITY: 1. SOILS: The Soil Survey of Seminole County. Florid~ published by the Soil Conservation Service of the US. Department of Agriculture notes: "While many factors other than soils are important in planning for orderly development, soil quality is a basic and continuing factor. It demands full consideration, not only as a guide in determining use but also as a measure of the kind and magnitude of problems that must be overcome for specific uses. The decisions on urban uses are not necessarily determined on the basis of suitability. The physical characteristics and qualities of the soil become paramount, and interpretations are more directly concerned with the limitations, restrictions, or hazards and suggests corrective practices needed to prevent serious mistakes. " The soils on this property are: (#) - indicates soil map designation (10) Bassinger, Samsula, and Hontoon soils, depressional (20) Myakka and EauGallie fine sands (10) Bassinger, Samsula, and Hontoon soils, depressional - The soils in this map unit are nearly level and very poorly drained. These soils are in swamps and depressions. The slopes are dominantly less than 2 percent. In their natural state, the soils in this map unit are not suited to use for homesites, commercial or recreational development, or sanitary facilities. The main limitations are ponding, excess humus, low strength, and subsidence. (20) 11yakka and EauGallie fine sands: The soils in this map unit are nearly level and poorly drained. The slopes are dominantly less than 2 percent. The soils in this map unit are poorly suited to use for sanitary facilities, building sites, or recreational development. The main limitations are seepage and wetness. Water control, including drainage outlets, is needed to overcome wetness. Fill material should be added to make these soils suitable for most urban use. 1. TOPOGRAPHY: The subject property is overall twenty-five (25) feet above mean sea level. 2. FLOOD PLAIN AREA: A review of the FEMA National Flood Insurance Program Rate Map (12117C0145- E; April 17, 1995) appears to show all of the subject land is outside the 100 year flood plain area. 3. NATURAL RESOURCES, HISTORIC RESOURCES. No natural or historic resources are known to exist on the subject land. 4. Wll..DLIFE 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 property has only a few small areas that are cleared of trees. C. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDJNG LAND USES. The nuisance potential of the proposed use resulting from the change of Future Land Use Map designation from county "Suburban Estates" to City "Commercial" to the surrounding properties should be minimal in view of the following: · The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nuisances. Although the S.R. 434 Corridor New Development Overlay Zoning District regulations do not include the subject property, the applicant indicated to staff he will cooperate with the City to ensure the parcel meets or exceeds existing development and aesthetic standards". · The commercial development that would occur on a 2.5 acre parcel is not expected to generate a significant amount of traffic that would lower the Level of Service of S.R. 434. · The proposed commercial use of the property is compatible with the existing land use of adjacent properties. The adjacent property to the west of the subject property involves proposed development of the Winter Springs Executive Park, a three (3) building office park complex, and just to the west of that property, there is an auto repair and salvage business. The property adjacent to the east is the entranceway to Battle Ridge. There are other businesses e.g. antique shop, real estate office to the west toward the beltway. ill. FINDINGS: · The general area along S.R. 434 in proximity to the beltway is experiencing development pressure. Just to the west of the beltway, Hess Service Station has been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit Courtney Springs Apartment complex. This reflects the changing nature of the area around the beltway and S.R. 434, one that is evolving from a rural area to an urbanizing area. This area is experiencing the pressures of development primarily due to demand for new residential and commercial development in a prime location in general proximity to the transportation nexus of the beltway and S.R. 434. · The applicant's proposed land use "Commercial" is compatible with the commercial nature of an urban arterial such as S.R. 434, as well as with the existing commercial establishments in the general area of the beltway and S.R. 434. · There are businesses along the north side of S.R. 434 just east of the beltway such as an antique shop, real estate office, bicycle repair place, an auto salvage and repair shop and an auto restoration business. At present, much of the area along both sides of S. R. 434 east of the beltway to the curve at DeLeon Street is vacant. The general area around the transportation nexus of the beltway and S.R. 434 is appropriate for commercial enterprises. · The commercial development that would occur on a 2.5 acre parcel will not generate a significant amount of traffic that would lower the Level of Service of S.R. 434. · The existing land use adjacent to the subject property is vacant on the south side, south of S.R. 434, vacant to the north, though that portion to the rear of the subject property will be developed as the Battle Ridge residential subdivision, and the Winter Springs Executive (Office) Park on the west side of the subject property and an auto repair and salvage business to the west of that. · The City has development standards in its land development regulations to ensure minimal impacts on surrounding properties, such as buffering. The City's land development regulations and the site plan review process of the Development Review Committee can ensure the prevention or minimization of any potential nUisances. · Although the S.R. 434 Corridor New Development Overlay Zoning District regulations do not include the subject property, the applicant has indicated he will cooperate with the City to ensure the parcel meets or exceeds existing development and aesthetic standard IV. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission approve a small scale comprehensive plan amendment changing the Future Land Use Map (PLUM) designation of the 2.5 acre Lamoureux Property from county "Suburban Estates" (1 DU per acre) to "Commercial" . AlTACHMENTS: · Map of Subject Property. ~ ~' ; I;. . ' . i -.-_1 I . .' : \ I: ....:_1 '. '---" @ I I 111 III , I.J \: \ \ \ I I I- I ~ . .1. ... .~.. iBATTLE RIDGE PROPERTY .ti (rJ i:l:l .IJ, @ ~, WOFFORD/SLAPPEY PROPERTY @ CD ~' n. II. III ~ I J C1D ~ Ig: ~ p.. ~~ ,~ . 0 ~ ....:l I Ll ,I U.1 o ~~ ~~ a:lU.1 (2) ~.. ~ ~ ~._______ _l,/l STA1EROAD 434 ~ I I ~ ': ~ ~ ~ ~. ATTACHMENT D CITY OF WINTER SPRlNGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - NOVEMBER 3,1999 Page 7 of8 E. Lamoureux Property Small Scale Comprehensive Plan Amendment 11r. Grimms read for the record a letter addressed to Chairman Stephens from the City of Oviedo (Attachment "A"). Mr. Grimms spoke to the Board on various issues regarding the letter. The Board discussed the Battleridge Agreement; the applicant's request; what land use designations are surrounding the Lamoureux property; that site plans and detailed engineering drawings will be provided in the development review; neighboring commercial properties; "C-I" categories; Winter Springs Executive Park; and the possibility of a developer's agreement. MOTION BY BOARD MEMBER FERNANDEZ. "BASED ON THE INFORMATION PROVIDED AND THE FINDINGS AS INUMERATED UNDER ROMAN NUMERAL THREE, THE SEVEN DIFFERENT FINDINGS THERE, I'LL RECOMMEND THAT THE CITY COMMISSION APPROVE A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT CHANGING (FLUM) THE FUTURE LAND USE MAP DESIGNATION OF THE 2.5 ACRE LAMOUREUX PROPERTY FROM COUNTY SUBURBAN ESTATES (1 DU PER ACRE) TO COMMERCIAL BASED ON THAT THE OWNER AGREE TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE CITY OF WINTER SPRINGS TO DEVELOP THIS PROPERTY AND COMPLY WITH ALL OF THE REQUIREMENTS OF THE 434 CORRIDOR PLAN". AMENDMENT TO THE MOTION BY BOARD MEMBER CLINCH. "I'D LIKE TO AMEND THAT MOTION, AND TO BE CONSISTENT WITH THE BATTLERIDGE AGREEMENT, DATED JANUARY 26,1999." DISCUSSION. BOARD MEMBER FERNANDEZ ASKED BOARD MEMBER CLINCH, "ARE YOU TRYING TO LIMIT IT, . MARK, TO WHAT'S MENTIONED IN THIS- WHAT IS HE, MAYOR-CHAIRMAN, A AND B POINTS DEALING WITH THE SIZING OF THE TRUNK LINES SUFFICIENT ONLY TO PROVIDE WATER AND SEWER TO THE BATTLERIDGE PROPERTY AND NO OTHER SURROUNDING PROPERTIES"? BOARD MEMBER CLINCH RESPONDED, "YES, THAT'S WHAT I'M TRYING TO ACHIEVE THERE". SECONDED BY BOARD MEMBER CLINCH. VOTE (ON THE MOTION): CARL STEPHENS: AYE; MARK CLINCH: AYE; BILL FERNANDEZ: AYE. (BOARD MEMBER KARR DID NOT VOTE). MOTION CARRIED.