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)
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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
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