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HomeMy WebLinkAbout1997 03 19 Regular Item C 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. LAKE IRENE INVESTORS SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (SM-CPA-3-97) 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. BACKGRO~: APPLICANT: Ken Leffler 1400 Windsor Ave. Longwood, FL 32750 (407)322-2322 OWNER: Lake Irene Investors, Inc. 1400 Windsor Ave. Longwood, FL 32750 REQUEST: For change of Future Land Use designation from Seminole County's designation of "Planned Development" to the City's designation of "Commercial". PURPOSE: Applicant wants the 9.58 acre parcel to be developed as a Wino-Dixie Grocery Store. PROPERTY: Location: Spans approximately 1,000 to 2,000 feet east on U.S. 17/92 on the south side of State Road 434. Leg:al Description: From the intersection of the Southerly right-of-way line ofS.R 434 with the easterly line of Lot 58, Block "0", D.R Mitchell's survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, said point also being the northwest comer of the Cononades First Sectlon, as recorded in Plat Book 15, Pages 79-80, Public Records of Seminole county, Florida, thence S07 43'38"E, along the easterly line of said Lot 58, a distance of790.49 feet; thence N8 89 47'33"W, a distance of 100.97 feet, for a APPOINT OF BEGINNlNG; thence run N07 43'38"W parallel with said easterly line, a distance of337.35 feet, to the point of curvature of a curve, concave southwesterly, having a central angle of 5427'08" and a radius of 162.5 feet; thence run northwesterly along the arc of said curve, a distance of 154.44 feet, to a point of tangency; thence run N 62 10'46"W, a distance of231.42 feet, to the point of curvature of a curve, concave northeasterly, having a central angle of 58 37'40" and a radius of225 feet; thence run northwesterly along at the arc of said curve, a distance of230.23 feet. to the point of reverse curvature ofa curve, concave southwesterly, having a central angle of86 14'27" and a radius of25 feet; thence run northwesterly along the arc of said curve, a distance of37.63 feet to the point of tangency; thence run N89 47'33" Wa distance of 165.00 feet; thence run N86 31'19"W a distance of 50.14 feet; thence run SOO 12'27"W a distance of609.68 feet; thence run N89 47'33" W a distance of6.00 feet, thence run SOO 12'27" W a distance of37.00 feet; thence run N89 47'33" W a distance of 18.00 feet, thence run SOO 12'27" E a distance of 127.00 feet, thence run S89 47'33"E a distance of 730.46 feet to the POINT OF BEGINNlNG, containing 9.58 acres more or less. ACREAGE: 9.58 acres PARCEL NUMBER: 2620305AROD00016B EXISTING LAND USE OF SUBJECT PROPERTY: Vacant, planted long-needle pine over the parcel. CHRONOLOGY OF SUBJECT PROPERTY: None with respect to the City of Winter Springs. Parcel is in the county enclave surrounded by the cities of Winter Springs, Longwood and Casselberry. FUNDING: No morues from the City are required. II. CONSIDERATIONS.: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North' Golf Terrace Apartments and Lake Talmo. SmI1b: Sunshadow Apartments. East: Lake Hodge Estates (in Casselberry). ~: . Commercial (Star-Brite Cleaners) and single family residential. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designation) "Planned Development". Requested: (City designation) "Commercial". FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: tllmh: SmI1b: "Commercial" . (County designation) "Planned Development" :fulli: "Moderate Density Residential" (in Casselberry) ~: "Commercial" (in the City) and "Low Density Residential" (in county). ZONING OF SUBJECT PROPERTY: Existing: (County designation) "PUD" Requested: (City designation) C-] "Neighborhood Commercial" ZONING ADJACENT TO SUBJECT PROPERTY: tlQr:th: C-I Smllh: (County designation) PUD E.llst : R-2F "Medium Density Single!Two Family Residential" (in Casselberry) ~: C-I III. COMPREHENSIVE PLAN AMENDMENT ANAL YSrs.: The following summarizes the data and issues which staff analyzed in reviewing this application. A. PUBLIC FACILITIES: 1. ROADSrrRAFFIC Crn.CULATION: 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-way 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 to the north that comes south part way and eastward then southward to Bell Street. This line is available for tapping into for re-use water to the subject parcel. DRAINAGE/STORMW A TER: a. Facilities serving the site. None. b. Improvements/ex:pansions 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 stonn standard) Stonnwater Calculations required in retention ponds are to be constructed with stonn 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 COMPATIBILITY: 1. SOILS: The soils on this property are: Astatula-Apopka, fine sands,S to 8% slopes; Immokalee sand; Tavares-Millhopper fine sands, 0 to 5% slopes. Concerning the Astatula-Apopka, fine sands,S to 8% slopes, the soils in this map unit are sloping, excessively drained and well drained. The soils in this map unit are used mainly for homesites and other urban development. If these soils are used for commercial development, slope is the main limitation. Land shaping may be necessary in the more sloping areas. Concerning the Immokallee sand, this soil is nearly level and poorly drained. The slopes are dominantly less than 2%. This soil is poorly suited to sanitary facilities, building sites, or recreational development. The main limitations are wetness, seepage, and sandy texture. Water control, including drainage outlets, is needed to overcome wetness. Fill material should be added to make this soil suitable for most urban uses. Concerning the Tavares-Millhopper fine sands, 0 to 5% slopes, the soils in this map unit are nearly level to gently sloping and moderately well drained. These soils are on low ridges and knolls on the uplands. The slopes are nearly smooth to slightly convex. The soils in this map unit are well suited to use for homesites, other urban use, or recreational development. 2. TOPOGRAPHY: The subject property and surrounding area have slight grade. 3. FLOOD PRONE AREA: 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, 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 c:ounty. 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) "Planned Development" 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. This parcel is in near proximity to the commercial corridor of U.S. 17/92. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for a Wino-Dixie Grocery Store. The adjacent parcel to the west and east will be utilized in the development of other neighborhood commercial. C. ECONOMIC DEVELOPMENT: Development of a well established grocery store chain outlet on the parcel will add to, and vary the City's tax base, over that of existing vacant land. D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: The subject parcel is scheduled to be annexed into the City on April 14, 1997 when the second reading and public hearing on proposed ordinance 654 occurs. The proposed small scale comprehensive plan amendment prompted by the annexation changing the county designation "Planned Development" to the City designation of "Commercial" is compatible with the general surrounding commercial land uses to the east and west along S.R. 434. IV. FINDINGS: 1. The proposed land use, development of a Winn-Dixie Grocery Store, is compatible with the commercial nature ofS.R. 434. 2. The nearby parcels to the north, west and east 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 nearby parcels are indicated as C-1 "Neighborhood Commercial" on the City's Official Zoning Map, and 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 commercial pursuits. 5. The City can extend sewer, water, re-use water and other urban services to the subject parcel and adjacent parcels 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 Wmn- Dixie Grocery Store will have a positive, significant economic impact on the City. V. SIAEF RECOMMENDATION: Staff recommends the Local Planning Agency recommend approval to the City Commission the request by Ken Leffler, representing Lake Irene Investors, for a change from county Future Land Use designation of "Planned Development" to City Future Land Use designation of "Commercial" on a 9.58 acre parcel. ATTACHMENTS: 1. Letter from Lake Irene Investors, Inc. To Thomas Grimms. 2. "Sketch and Description for the Wino-Dixie Marketplace. 3. Aerial View with property boundary superimposed on the Lake Irene Investors, Inc. property. ,-,...."-........-7. r"... ...0.....0 .....__n '-'3'TTler "'+1<::1 r ':>-.;51 3412 P.El1 .cake 9rene 9nvestors March 14, J 997 Mr, Tom Grimrns Comprehensive Planning Coordinator City of Winter Springs 11 26 East State Road 434 Winter Springs, Florida 32708 Dear Mr. Grimms: The six owners of the 9.58-acre parcel, located on the south side of State Road 434 near the westerly corporate limits of the City of Winter Springs, have requested that I advise you of their intention to voluntarily petition the City of Winter Springs for annexation of this parceL .The owners, known among themselves as the Lake Irene Investors, have contracted to sell this parcel for development of a new Winn,Dixie store. Hopefully your received a copy of the initial site plan and legal description which were delivered to your attention at tbe Winter Springs City Hall today. We anticipate that the petition will be made in the names of one or more of the owners whose names and addresses I shall provide when we meet to fonnally .initiate the petition, If there are any questions which I may answer prior to that time. please call me. Yoursve~ytr !.y. eIii f) I .1/ .. n f er 1400 Windsor Avenue. Longwood. A"rida32750-/;sJO' (407) 331-5515 . /ll" (407) 331-3412 i I I I I I I I CU:.."',-;.::...,t.."'t......""C.,<Qol'U. STAT/:' !WA.D 434 ~):', 1 , .. ~ ~-.. ..-.:..........- ~ ~. f- \.$ ""-17"37 l .1'$LlO' S <=":J""~ ~- ,,,,.20/ ) ( FUTURE COMMERCIAL '\ n' I' , . , 1\ i \ I' . :1 \ , :1: ~ ~~~'~.=.:.. ..: FCT!,:R.~ CO.I/.\{E,rl~!AL I '1I"~:;- .~. ,:lJ \ -I !'n::::-Z.'-.___! ~ P.HAfLji . ;<l ~t I'" "1" P'" :;;" :a" ~H~ l":,a .0 ~.! >:. 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