HomeMy WebLinkAbout1997 09 17 Regular Item B
Clrv 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:
B. KINGSBURY SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT (SM-CP A-6-97)
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:
Laverne and June Kingsbury
150 Tuskawilla Road
Winter Springs, FL 32708
(407) 327-1916
OWNER:
[ Same as applicant]
REQUEST:
For change of Future Land Use designation from Seminole County's designation of
"Commercial" to the City's designation of "Commercial".
PURPOSE:
Applicant wants to "construct a commercial retail facility".
PROPERTY:
Location: close to the intersection of S.R. 434 and Tuskawilla Road, on the north side.
Legal Description: THAT PORTION OF THE UNNUMBERED LOT IN BLOCK "B"
LYING EAST OF STATE ROAD 434 (OVIEDO-SANFORD ROAD) ALL
CONTAINED WITHIND,R. MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
COMJv1ENCE AT THE INTERSECTION OF THE NORTHERLY LINE OF THE
UNNUMBERED LOT IN BLOCK "B" OF SAID D.R. MITCHELL'S SURVEY OF
THE LEVY GRANT ON LAKE JESSUP AND THE WESTERLY RIGHT -OF- WAY
LINE OF TUSKA WILLA ROAD (FORMERLY BRANTLEY AVE,): SAID POINT
ALSO LYING ON THE SOUTHERLY RIGHT -OF- WAY OF FIRST STREET;
THENCE RUN SOUTH 2847' 21" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY OF TUSKA WILLA ROAD A DISTANCE OF 209.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 2847' 21" WEST A DISTANCE OF
261.21 FEET; THENCE DEPARTING SAID RIGHT -OF - WAY LINE RUN NORTH 72
40' 15" WEST A DISTANCE OF 297.83 FEET; THENCE RUN SOUTH 17 19' 45"
WEST A DISTANCE OF 107.32 FEET; THENCE RUN SOUTH 4959' 09" WEST A
DISTANCE OF 213.34 FEET TO THE EASTERLY RIGHT-OF-WAY OF STATE
ROAD 434 (PER FLORIDA DEPARTMENT OF TRANSPORTATIONRIGHT-OF-
WAY MAPS, SECTION 77070-2516, PAGE 9 OF 13); THENCE RUN NORTH 4000'
51" WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 461.70
FEET; THENCE DEPARTING SAID RIGHT -OF - WAY RUN NORTH 49 59' 09"
EAST A DISTANCE OF 55.29 FEET; THENCE RUN NORTH 17 19' 45" EAST A
DISTANCE OF 171.88 FEET; THENCE RUN NORTH 40 00'51" WEST A
DISTANCE OF 286.00 FEET; THENCE RUN NORTH 50 09'45" EAST A DISTANCE
OF 149,81 FEET TO THE NORTH LINE OF AFOREMENTIONED UNNUMBERED
LOT IN BLOCK "B" AND THE SOUTHERLY RIGHT-OF-WAY LINE OF FIRST
STREET; THENCE RUN SOUTH 72 40' 15" EAST ALONG SAID NORTHERLY
LINE A DISTANCE OF 666.82 FEET; THENCE DEPARTING SAID NORTHERLY
LINE RUN SOUTH 28 47' 21" WEST A DISTANCE OF 177.73 FEET; THENCE RUN
SOUTH 14 55' 18" EAST A DISTANCE OF 36.24 FEET; THENCE RUN SOUTH 72
42' 15" EAST A DISTANCE OF 332.45 FEET TO THE POINT OF BEGINNING.
CONTAINING 433.425.78 SQUARE FEET.
ACREAGE:
9.95 acres
PARCEL NUMBER:
26- 20- 30- 5 AR -DB OO-OOUO
EXISTING LAND USE OF SUBJECT PROPERTY:
Vacant, few trees, grassed area.
CHRONOLOGY OF SUBJECT PROPERTY:
None with respect to the City of Winter Springs. Parcel has been part of the largest
county enclave surrounded by the City. The 9.95 acres that is part of the larger parcel
Kingsbury owns has been in the Kingsbury family for many years.
FUNDING:
No monies from the City are required.
II. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Vacant, heavily wooded area.
South:
Commercial.
East:
Commercial, and vacant wooded area.
~:
Commercial, vacant wooded area, sparse residential.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County designation) "Commercial".
Requested : (City designation) "Commercial".
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
Mixed Use.
South:
Commercial.
East:
Commercial.
~:
(County designation) Commercial and Office.
ZONING OF SUBJECT PROPERTY:
Existing: (County designation) A-I "Agriculture".
Requested: (City designation) C-I "Neighborhood Commercial"
ZONING ADJACENT TO SUBJECT PROPERTY:
Nill1h:
C-2 "General Commercial and Industrial".
Smllh:
C-I "Neighborhood Commercial".
:fu!.s1 :
C-I "Neighborhood Commercial".
~:
(County designation) A-I "Agriculture".
III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application.
A. PUBLIC FACILITIES:
L ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
S.R. 434 abuts this property on the south side and Tuskawilla Road abuts
the property on the east side.
b. Function Classification:
S.R. 434 is an urban arterial 4-lane east west roadway. Tuskawilla Road
(formerly Brantley Ave.) is a "local" 2-lane north-south road.
c. Improvements/expansions (including right-or-way acquisition) already
programmed or needed as a result of the proposed amendment.
The county does not have any improvements programmed for Tuskawilla
Road north of S.R. 434. If the property is annexed into the City, and a
commercial retail facility is proposed, then the developer must follow the
requirements of Chapter 9 "Land Development". Appropriate permits for
access would have to be granted by the state and the county.
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 tap into line near the McDonald's Restaurant or tie into
line at Tuskawilla Road forming a looped system. 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. Developer would lay all sewer lines
within the development and tap into the collector line. Sewage would go
to the West Wastewater treatment plant behind the Winter Springs Gulf
Course.
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Access to the reuse line is at Bill's Landscaping near City Hall. The Public
Works Department would recommend a variance be granted on not tapping
into a reuse line 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)
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 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.
R LAND USE COMPATillILITY:
1. SOILS:
The soils on this property are: EauGalle and Immokalee fine sands; Myakka and
EauGallie fine sands; Tavares-Millhopper fine sands, 0-5% slopes. Concerning the
EauGalle and Immokalle fine sands, the soils in this map unit are nearly level and
poorly drained. These soils are on broad plains on the flatwoods. The slopes are
dominantly less than 2 percent. The soils in this map unit are poorly suited to use
for sanitary facilities (septic systems), building sites, or recreational development.
The main limitations are seepage and wetness. Water control, including drainage
outlets, is needed to overcome wetness. Concerning the Myakka and EauGallie
fine sands, the soils in this map unit are nearly level and poorly drained. These
soils are on broad plains on the flatwoods. The slopes are dominantly less than 2
percent. The soils in this map unit are poorly suited to use for sanitary facilities
(septic systems), building sites, or recreational development. The main limitations
are seepage and wetness. Water control, including drainage outlets, is needed to
overcome wetness. 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
(12117C0135-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 at this time.
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) "Commercial" to (City)
"Commercial" will not negatively impact adjacent land uses, since on the north side
of the Kingsbury property, the Blumberg parcel is designated "Mixed Use", which
allows up to 50% commercial use of the gross land area (per Policy 1 under
Objective C of Goal 3 of the Future Land Use Element). The property is adjacent
on the east side, west and south sides to land designated "Commercial" on either
the City or county Future Land Use Map. This parcel is adjacent to the commercial
corridor of S. R. 434.
There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for a commercial retail facility. It is projected that
the adjacent parcels to the west, east and south 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 proposed small scale comprehensive plan amendment prompted by the annexation
changing the county designation "Commercial" to the City designation of "Commercial" is
compatible with the general surrounding commercial land uses to the east, west and south
along S.R. 434.
IV. FINDINGS:
I. The proposed land use, development of a commercial retail facility, is compatible
with the commercial nature of S.R. 434.
2. The adjacent parcels to the south and east are indicated as "Commercial" on the
City's Official Future Land Use Map. The adjacent parcels to the west across
from S.R. 434 in the enclave are designated "Commercial" and "Office" on the
county's Future Land Use Map. The Blumberg parcel to the north is designated
"Mixed Use" on the City's Future Land Use Map, which allows up to 50% of the
gross acreage to be used for commercial. Therefore, the designation of the
subject property as "Commercial" would be consistent and compatible with the
City's Comprehensive Plan.
3. The adjacent parcels to the south and east are indicated as C-l "Neighborhood
Commercial" on the City's Zoning Map. The adjacent parcel to the north is
designated C-2 "General Commercial and Industrial". 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. There are other existing
commercial establishments in the immediate area. They are McDonald's
Restaurant, Mobil Mini-Mart Gas Station, and Circle K Mini-Mart Gas Station.
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 retail facility, specifically for a
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 Laverne and June Kingsbury, for a change from county Future
Land Use designation of "Commercial" to City Future Land Use designation of
"Commercial" on a 9.95 acre parcel.
ATTACHMENTS:
L "Sketch and Description of the 9.95 acre parcel (indicated as vacant / pasture).
2. Aerial View of property and immediately surrounding area.
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SKETCH 9F DESCRIPTION for:
DES/GN SERVICE GROUP
VACANT
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LEGAL DESCRIP TlON:
THAT PORnON OF TH(" lINNUMBEREO LOT IN B!.OCX 'S" L'fWC CAST OF STATE: ROAD NO. 4.J.<
(O'AaJD-SANFORO ROAD) ALL CCWTAINED ",THIN D. R. J.//TCHELL:; SURYCY OF THE LEVY
CRANT ON /.AKE ..cSSUP. ACCOROINC TO THE PLA T THEREOF AS RECORDiJ) IN PLA T SOOK /,
PACE 5 OF THE Pu8UC RECORDS OF SEIDNOt..E COUNTY, Fl.ORIDA: SEINC MORe P.ARTlCrJL.ARt Y
OESCRiSaJ AS FOLLOWS:
COl./MENCE" AT TH(" INTE:P.SECnON OF TH(" NORTHERl. Y UNE OF TH(" IJNMJMSENaJ LOT IN
B!.OCX '2;'" OF S.AID D. R. J./ITCHEU:; SlJRIeY OF TH(" LEVY CR.AHT ON LAKE ..cssup ANO TH("
H!'s;rR'l. Y RlCHT OF WAY LINE OF TUSKA"'LLA ROAD (FORMERLY BRANTLEY A'lf:NVE):
S.AID PC/lNT ALSO L lWC ON TH(" SOOTHERl. Y RlCHT OF WA Y OF FIRST STRrrT.' THENCE" RuN
SOOTH 28'4T21" KST ALONC S.AID KSTE:Rl.Y RlCHT OF WAY OF TUSKAWUA ROAD A
OfST.AHCE" OF 209.00 FCET TO TH(" POINT or BEC1NNlNC: THENCE" CCWTlNUE
SOOTH 28'4T2r KST A DISTANCE" OF 261.21 FCET.' TH("NCE DEPARnNC S.AJD RlCHT or
orA Y LINE RUN NORTH 77'40'15" KST A DISTANCE OF 297.8J FCET.' THENCE" RUN
SOOTH In9'45" KST A Of STANCE" or /07..12 FCET.' THENCE RuN SOUTH 49'59'09" KST
A DISTANCE" OF 21J..J.< FCET TO THE EASTUlI. Y 1//CHT or WA Y or STATE: ROAD NO. 04
(PeR Fl.ORIDA DEP.ARTUENT OF TR.AHSPORTA nON RlCHT or orA Y MAPS. SEcnON 77070-2516,
PACE" 9 OF 1.1): THENCE" RUN NORTH 40"00'51' KST ALONC S.AID EASTE:Rl.Y RlCHT or
orA Y A Of STANCE or '61.70 FCET: THENCE" OEP.ARnNC S.AID 1//CHT or WA r RUN
NORTH '9'59'09' EAST. A DISTANCE OF 55.29 FCET.' THENCE RUN NORTH In9'45" CAST
A OIST.AHCE" or 171,88: FCET.'. THENCE RUN NORTH 40'00'51' KST A DISTANCE" or 286.00 rrrT:
THENCE: RUN NORTH 5(}"09'45" EAST A Of STANCE" or "9.81 rrrT TO THE NORTH LINE or
AFOREl./ENnONED VNNUJ./BERED LOT IN BLOCX '2;'".AH0 THE SOOTHERl. Y RlCHT or WA r
LINE OF nRST STRrrT.' THENCE" RVN SOOTH 72-"0'15' CAST ALONe S.AID NORTHERt Y UN(
A DISTANCE: or 666.82 FCET: TH("NCE: OEP.ART/NC SAID NORTHE1/I.Y UNC RtJN
SOOTH 28"7'21" KST A OISTANCE OF 177.7.1 FCET.. THENCE" RUN SOOTH ".,5'18"
CAST A Of STANCE or .16.24 FCET: THENCe RVN SOOTH 72"0'/5' EAST A DlST.AHCE" or
.JJ2.45 FCET TO TH(" POINT or SCC/NNINC-
CONTAININC '.1.1.'25.711 SOOARC FCET/ 9.95 ACRCS MORe OR LESS.
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VNNUMSERED LOT IN BLOCX"S' AS BEINC S77"O'15T
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2. LANDS SHO_ HCRCON ~RC NOT ABSTRACrro FOIl
RTCHT-or-orAl7i. EASEMCNTS. O_ENSH1P, ADJOINCRS
OR 0 THEN INS TRtIMEN r.; OF RCCORD.
J. SKCTCH ON/. Y, THIS IS NOT A SOIJNO.ARY SlJRIeY.
ABBREVlA T1ONS/UGENO:
6 DEL TA (CENTRAL ANGLE)
R RADIUS
L ARC LENC TH
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R/W- RIGHT OF WAY
Donley &
Associates, Inc.
LANtJ 5URlerDl'S ANtJ MAPPE11S
.J62-C SOOTH CHANT STRCET
LONCItOOD. Fl.0Rt0A >>750-5199
TCU"PHONE: ('07)260-1818
rAX NO.:('07)260-1848
~CT NO.600.011
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RC'A9ON
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