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HomeMy WebLinkAbout1997 07 02 Regular Item B 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: n.B. PITZER SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (SM-CPA-4-97) 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." 1. BACKGROUND: APPLICANT: Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 (407) 327-1738 OWNER: Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 REQUEST: For change of Future Land Use designation from Seminole County's designation of "Suburban Estates" (maximum I DU per acre) to the City's designation of "Commercial". PURPOSE: Applicant wants the 1.37 acre parcel to be developed as a "commercial business" utilizing City water and sewer PROPERTY: Location: Approximately 160 feet east of Wade Street, on the north side of State Road 434. Legal Description: East Y, of West \I, (less north 75' and Highway 434 Right-of-Way) of Lot 42 of Entzminger Farms addition # 2 as recorded in Plat Book 5, Page I, Public Records of Seminole County. ACREAGE: 1.37 acres PARCEL NUMBER: 34-20-30-5A W0000042A EXISTING LAND USE OF SUBJECT PROPERTY: Residential unit and two accessory structures (sheds); wooded area to the rear CHRONOLOGY OF SUBJECT PROPERTY: Parcel was part of Lot II 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. CON.SIDERATIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North. Sm.!1h: Ellli: ~: vacant, partially wooded land with church. S.R. 434; further south are vacant wooded parcels. vacant partially wooded parcels. vacant partially wooded parcels. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY Existing: (County designation) "Suburban Estates" (maximum 1 DU per acre) Requested: (City designation) "Commercial". FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: J:::iQr1h : Sm.!1h: E.as1: ~: "Moderate Density Residential"- S.R. 434 right-of-way; further south, "Commercial". (county designation) "Suburban Estates". "Moderate Density Residential". ZONING OF SUBJECT PROPERTY: Existing: (County designation) A-I "Agriculture" Requested: (City designation) C-I "Neighborhood Commercial" ZONING ADJACENT TO SUBJECT PROPERTY: J:::iQr1h : R-U "Rural Urban Dwelling District" NOTE: Eliminated per Policy I under Objective A of Goal 3 of the Future Land Use Element of the City's Comprehensive Plan. RC-I (maximum I DU per acre) substitutes in place ofR-U District. s.mI1h: C-I "Neighborhood Commercial". ~: (County designation) A-I Agriculture (maximum I DU per acre). ~: C-2 "General commercial and Industrial" at the corner; R-U along east side of Wade Street III. COMPREHENSIVE ELAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application. A PUBLIC FACILITIES: L ROADS/TRAFFIC CIRCULA nON a. Availability of Access: S.R 434 abuts this property on the south side. b. Function Classification: S.R 434 is an urban arterial 4-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, STORMW ATER MANAGEl\.1ENT, 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 running along Wade Street SANITARY SEWER a. Facilities serving the site. ~ None. b. Improvements/expansions needed as a result of proposed amendment: Developer would lay all sewer lines within the development and tap into the collector line at the intersection of Frank Street and Wade Street 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 Moss Road. Re-use tap in would not be required at this time. DRAINAGE/STORMW A TER 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) 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 an exclusive franchise agreement with Browing 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 COMPATffiILITY: L SOILS: The soils on this property are: Basinger and Smyrna fine sands, depressional (approximately 15% of the property towards S.R. 434) and Tavares-Millhopper fine sands, 0 to 5% slopes. Concerning the Basinger and Smyrna fine sands, depressional, the soils in this map unit are nearly level and very poorly drained. These soils are in depressions. The slopes are dominantly less than 2% In their natural state, the soils in this map unit are not suited to use for homesites, commercial and recreational development, or sanitary facilities. The main limitations are ponding and seepage. 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 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 SURROUNDJ;NG LAND USES. The proposed future land use change from (county) "Suburban Estates" (maximum 1 DU per acre) to (City) "Commercial" will not negatively impact adjacent land uses, since on the north side of S.R 434 the surrounding parcels are largely undeveloped. The parcels on the immediately to the west and east of the subject parcel are vacant Although this parcels is part of a county enclave, it fits in with the S.R 434 commercial corridor. There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for commercial purposes. The adjacent parcel to the west and east will eventually be utilized in the development of other neighborhood commercial. C. ECONOMIC DEVELOPMENT: Development ofa commercial establishment on the parcel will add to, and vary the City's tax base, over that of existing residential. D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN: The subject parcel is scheduled to be annexed into the City on July 28, 1997 when the second reading and public hearing on proposed ordinance 665 occurs. The proposed small scale comprehensive plan amendment prompted by the annexation changing the county designation "Suburban Estates" to the City designation of "Commercial" is compatible with the general surrounding commercial land uses and Future Land Use Map commercial land use designation to the east and west along S.R 434. IV. FINDINGS: L The proposed land use, development of the property for a commercial establishment, is compatible with the commercial nature of S.R 434. ~ 2. The nearby parcels to the 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, except for the parcel at the corner ofS.R. 434 and Wade Street, which is designated C-2) are indicated as C-I "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 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, 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 Florence Pitzer, for a change from county Future Land Use designation of "Suburban Estates" (maximum 1 DU per acre) to City Future Land Use designation of "Commercial" on the 1 37 acre subject parcel. I--- . . ~~ ATTACHMENTS: Aerial View with property boundary superimposed.