HomeMy WebLinkAbout1997 11 19 Regular Item 2-3
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327.1800
Community Development
LOCAL PLANNING AGENCY AGENDA ITEM:
II. 3. AMENDMENT TO THE LAND USE ELEMENT VOLUME 2 OF 2 GOALS,
OBJECTIVES AND POLICIES CREATING A NEW FUTURE LAND USE
DESIGNA TION - "GREENEW A Y INTERCHANGE DISTRICT"
(LG-CP A-3-97)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3174(4) ~lorida 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. . ."
I. BACKGROUND:
APPLICANT:
City of Winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
(407) 327-1800
November 19, 1997
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REQUEST:
For the Local Planning Agency to review and recommend creating a new Future Land Use
Map designation "Greenway Interchange District" in the Comprehensive Plan Land Use
Element Goals, Objectives and Policies (Volume 2 of2).
PURPOSE:
*
The property would be more appropriately developed if placed in a district that is
more oriented to the type of activity generated by a major highway, such as the
beltway (the GreeneWay) that intersects S.R. 434 on the eastern edge of the City.
.,!-..it<f";
*
The City will realize a greater'f'(Jt-ential tax base in this separate GreeneWay
Interchange District than if the property is developed within the New Development
Overlay Zoning District.
AREA OF PROPOSED NE\V "GREENE\V A Y INTERCHANGE DISTRICT" FLUM
DESIGNATION:
250 ACRES +/- (approximately 1/3 is environmentally sensitive)
GENERAL LOCATION:
The land on the east side of the beltway (S.R. 417 "the GreeneWay"), on the north side of
State Road 434 extending approximately 3,400 feet east of the beltway and northward to
Lake Jesup less the county enclave.
LEGAL DESCRIPTION:
LOT 2 EAST OF WEST LINE OF SECTION 5, TOWNSHIP
21 SOUTH, RANGE 31 EAST, EXTENDED NORTHERLY TO
SECTION 31, TOWNSHIP 20 SOUTH, RANGE 31 ~ST.
WEST 1/3 OF 1 OF 5, PHILIP R. YONGE GRANT, PLAT
BOOK 1, PAGES 35 TO 38, SECTION 5, TOWNSHIP 21
SOUTH, RANGE 31 EAST. LAST 1/3 OF WEST .2/3 OF
LOT 5, PHUILIP R. YONGE GRANT, PLAT BOOK 1, PAGES
35 TO 38, SECTION 5, TOWNSHIP 21 SOUTH, RANGE 31
EAST. EAST 1/3 OF LOT 5, PHILIP R. YONGE GRANT,
PLAT BOOK 1, PAGES 35 TO 38, SECTION 5, TOWNSHIP
21 SOUTH, RANGE 31 EAST. NORTH 3/4 OF LOT 14
LESS WEST 1,000 FEET OF PHILIP R. YONGE GRANT,
PLAT BOOK 1, PAGE 35 TO 38, SECTION 5, TOWNSHIP
21 SOUTH, RANGE 31 EAST, AND ALL OF LOT 21, NORTH
OF STATE ROAD 419, LESS THE WEST 1,000 FEET OF
SAID PHILIP R. YONGE GRANT.
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LOTS 13, 15,20, AND LOT 19 NORTH OF OVIEDO STATE
ROAD NO. 419, AND OF PHILIP R. YONGE GRANT
ACCORDING TO PLAT THEREOf.;~ECORDED IN PLAT BOOK 1,
PAGE 38 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA. ALL IN SECTION 5, TOWNSHIP 21 SOUTH,
RANGE 31 EAST.
LOTS 10 AND 9 OF THE PHILIP R. YONGE GRANT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 35, OF THEPUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, IN SECTION 5, TOWNSHIP 21 SOUTH,
RANGE 31 EAST.
LOTS 11 AND 17 OF THE PHILIP R. YONGE GRANT,
ACCORDING TO THE.~BAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE35, of'~1aE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, ~:'S.ECTION 5, TOWNSHIP 21 SOUTH,
RANGE 31 EAST.
LOT 12, PHILIP R. YONGE GRANT, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 36,
OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA,
LESS ROAD RIGHT-OF-WAY ON WEST.
LOT 16, LESS ROAD RIGHT-OF-WAY, SECTION 5, TOWNSHIP
21 SOUTH, RANGE 31 EAST, PHILIP R. YONGE GRANT,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 1, PAGE 36, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA.
LOT 18 AND THAT PART OF LOT 19 LYING NORTH OF
SANFORD-OVIEDO PAVED ROAD, SECTION 5, TOWNSHIP 21,
RANGE 31 EAST OF THE PHILIP R. YONGE GRANT AS
RECORDED IN PLAT BOOK 1, PAGES 35 TO 38 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
EXISTING LAND USE OF SUBJECT PROPERTY:
Completely vacant land with trees covering approximately 80% - small citrus grove on the
east side of Spring Ave.
CHRONOLOGY OF SUBJECT PROPERTY:
The land was annexed after 1976.
November 19, 1997
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LG-CPA-3.97
II, CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, treed area to Lake Jesup; small area of single family residential on
the west side of Spring Ave. and an active citrus grove on the east of
Spring Ave. in the county enclave.
Sm!1h:
S.R. 434; further south across the street single family residential
subdivision (Reserve at Tuscawilla); vacant land with stand of trees.
East:
The beltway (S.R. 417 "the GreeneWay"); just east of that is completely
treed wetland area f"i.l.~ttle Ridge).
West:
vacant, completely treed.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
"Mixed Use" and "Conservation".
Requested:
New FLUM designation "GreeneWay Interchange District".
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
[ Lake Jesup and county enclave]
South:
S.R. 434 right-of-way; further south, "Commercial" and "Urban Density
Residential" .
East:
[ outside the City]
~:
"Commercial" and "Conservation".
ZONING OF SUBJECT PROPERTY:
Existing:
PUD and R-U "Rural Urban Dwelling District"
NOTE: R-U eliminated per Policy 1 under Objective A of Goal 3 of the
Future Land Use Element of the City's Comprehensive Plan. RC-1
(maximum 1 DU per acre) substitutes in place ofR-U District.
Requested:
None at this time.
November 19, 1997
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LG-ePA-3-97
ZONING ADJACENT TO SUBJECT PROPERTY:
North:
[Lake Jesup and county enclave]
Smrth:
PUD.
E.a.s1 :
[ outside the City]
West:
C-l "Neighborhood Commercial".
III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and i~~ijt1s which staff analyzed in reviewing this application.
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
S.R. 434 abuts this property on the south side. The Beltway (S.R. 417 "the
GreeneWay") has an interchange at the southeast corner of the property
intersecting S.R. 434.
b. Function Classification:
S.R. 434 is an urban arterial 4-lane east west roadway.
c. Improvements/expansions (including right-or-way acquisition) already
programmed or needed as a result of the proposed amendment
Florida Department of Transportation has scheduled road widening to four (4)
lanes during 1998-1999 the portion of S.R. 434 east of Tuskawilla Road to the
Beltway.
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGENfENT,
POT ABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
Novemb.:r 19, 1997
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LG-CPA-3-97
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 on Vistawilla Drive.
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 on Vistaw'ili~:Drive.
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. The reuse water line comes eastward to. Howell Creek Reserve.
DRAINAGE/STORMW ATER:
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.
November 19, 1997
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LG-CPA-3-97
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.
. ~:.tl".
None.
b. Improvements/expansions needed as a result of proposed amendment:
None, if commercial development with no residential component is proposed. If
residential component proposed then recreation and open space or fees in-lieu
will be required.
B. LAND USE COMPATIBILITY:
1. SOILS:
The Soil Survey of Seminole County. Florida, 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
(4) Myakka-EauGallie-Urban Land
(10) Bassinger, Samsula, and Rontoon soils, depressional
(13) EauGallie and Immokalee fine sands
(16) Immokalee sand
(20) Myakka and EauGallie fine sands
November 19, 1997
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LG-CPA-3-97
(24) Paola-St. Lucie sands, 0-5% slopes
(27) Pomello fine sands, 0-5% slopes
(4) Myakka and EauGallie-Urban Land: 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, and
recreational development. The main limitations are seepage and wetness Water
control, including drainage outlets are needed to overcome wetness. Fill material
should be added to make these soils suitable for most urban uses.
(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 home sites, commercial or
recreational development, or sanitary facilities. The main limitations are
ponding, excess humus,' lb'\v strength, and subsidence.
(13) EauGallie and Immokalee 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.
(16) Immokalee sand: This soil is 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 wetness, seepage, and sandy texture. Water control, including
drainage outlets are needed to overcome wetness. Fill material should be added
to make these soils suitable for most urban uses.
(20) Myakka 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.
(24) Paola-St. Lucie sands, 0-5% slopes: The soils in this map unit are nearly level to
gently sloping and excessively drained. These soils are on upland ridges. The
slopes are 0 to 5 percent. The soils in this map unit are well suited to homesites
and other urban development. The main limitation is the instability cutbacks.
Sidewalls of shallow excavations should be shored.
(27) Pomello fine sands, 0-5% slopes: This soils is nearly level to gently sloping and
moderately well drained. It is on low ridges and knolls on the flatwoods. The
slopes range from 0 to 5 percent. This soil is poorly suited to use for sanitary
facilities, building sites, or recreational development. It has moderate limitations
for dwellings without basements and small commercial buildings. Water control,
including surface and subsurface drainage, is needed to overcome excessive
wetness.
November 19, 1997
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LG-CPA-3-97
2. TOPOGRAPHY:
The subject property ranges from a high of forty (40) feet (above mean sea level) near
S.R. 434 and the Beltway to five (5) feet toward the northwest portion of the subject
land near Lake Jesup.
3. FLOOD PRONE AREA:
A review of the FEMA National Flood Insurance Program Rate Map (12117C0155-E;
April 17, 1995) indicates the northwestern portion of the subject land is partly located
within the 100 year flood prone area.
4. NATURAL RESOURCES, HISTORIC RESOURCES.
No natural or historic resourcest!are known to exist on the subject land.
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 "Mixed Use" to "Greenway Interchange
District" should not negatively impact adjacent land uses, since on the north side of
S.R. 434 the land is designated FLUM "Commercial" also or "Conservation". The
land on the south side of S.R. 434 opposite the subject land is FLUM designated
"Commercial" .
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
south will eventually be utilized in the development of commercial establishments.
C. ECONOMIC DEVELOPl\1ENT:
Development of the land primarily for highway oriented commercial (Greenway Interchange
District proposed FLUM designation) will increase, and vary the City's tax base over that of
a development under the "Mixed Use" FLUNI designation which restricts commercial
development to fifty (50%) percent of the gross land area.
November 19, 1997
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LG-CI'A-3-97
D. CONSISTENCY/COMPATIBILITY WITH CITY, STATE, AND
REGIONAL COMPREHENSIVE PLANS:
1. WITH THE CITY C011PREHENSIVE PLAN:
The land proposed to be placed in the new FLUM designation "GreeneWay
Interchange District" is compatible with the Future Land Use Map "Commercial" land
use designation to the west and south and southeast along S.R. 434.
The comprehensive plan amendment is compatible with and not in conflict with the
other elements of the City's Comprehensive Plan, specifically:
Land Use Element:
. .!o~i '~..
Objective A under Goal 3
Policy 2 under Objective B of Goal 2
Objective C under Goal 2
Potable Water Sub-Element:
Policy 2, 5 under Objective A
Policy 3 under Objective F
Sanitary Sewer Sub-Element:
Policy 5, 10 under Objective A
Policy 1 under Objective C
Storm Drainage and Natural Groundwater Aquifer Recharge Sub-Element:
Policy 1, 3, 4 under Objective B of Goal 1
Policy 8 under Objective C of Goal 2
Intergovernmental Coordination Element:
Policy 1 under Objective D
Objective E
Policy la, 1d under Objective F
2. WITH THE STATE C011PREHENSIVE PLAN:
163.3177(10)(A) F.S.
The comprehensive plan amendment is compatible with and furthers goals and policies
of the State Comprehensive Plan in Chapter 187 F.S.
Nowmb.:r 19, 1997
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LG-CPA-3-97
List of goals, objectives and policies that indicate consistency with the State
Comprehensive Plan: 9J-5.021(4) F.A.C.
ST ATE CONlPREHENSlVE PLAN
(16) Land Use
Goal (a) Policy 1
(18) Public Facilities
Policy 3
(22) The Economy
Policy 1, 12, 14
. !.:1l.,.
NOTE: A Local comprehensive plan shall be consistent with a Comprehensive
Regional Policy Plan or the State Comprehensive Plan if the local plan is
compatible with and furthers such plans. 9J-5.021(1) F.A.c.
The term "compatible with" means that the local plan is not in conflict with
the State Comprehensive Plan or appropriate comprehensive regional
policy plan. The term "furthers" means to take action in the direction of
realizing goals or policies of the state or regional plan. 9J-5.021(2) F.A.C.
F or the purposes of determining consistency of the local plan with the State
Comprehensive Plan or the appropriate regional policy plan the state or
regional plan shall be construed as a whole and no specific goal and policy
shall be construed or applied in isolation from the other goals and policies
in the plans. \ 9J-5.021(2) F.A.c.
3. WITH THE EAST CENTRAL FLORIDA COl\1PREHENSIVE REGIONAL
POLICY PLAN: 186.507 F.S.; 27-E-4 F.A.C.
The comprehensive plan amendment is compatible with and furthers goals and
policies of the East Central Florida Comprehensive Regional Policy Plan.
List of goals, objectives and policies that indicate consistency with the East
Central Florida Comprehensive Regional Policy Plan: 9J-5.021(4) F.A.C.
EAST CENTRAL FLORIDA CONlPREHENSlVE REGIONAL POLICY
PLAN:
Policy 57.1: 1,4, 5
Policy 58.1
November 19. 1997
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LG-CPA,].97
Policy 64.2: 3
Policies 65.4, 65.5
Policy 67.2
NOTE:
A Local comprehensive plan shall be consistent with a
Comprehensive Regional Policy Plan or the State Comprehensive
Plan if the local plan is compatible with and furthers such plans.
9J-5.021(1) F.A.C.
The term "compatible with" means that the local plan is not in
conflict with the State Comprehensive Plan or appropriate
comprehen~it:e regional policy plan. The term "furthers" means to
take action in the direction of realizing goals or policies of the state
or regional plan. 9J-5.021(2) F.A.C.
For the purposes of determining consistency of the local plan with
the State Comprehensive Plan or the appropriate regional policy
plan the state or regional plan shall be construed as a whole and no
specific goal and policy shall be construed or applied in isolation
from the other goals and policies in the plans. 9J-5.021(2) F.A.C.
IV. FINDINGS:
*
The proposed future land use change from "Mixed Use" to "Greenway Interchange
District" is compatible with surrounding land use designation, since on the north side
of S.R. 434 the land is designated FLUM "Commercial" also or "Conservation". The
land on the south side of S.R. 434 opposite the subject land is FLUM designated
"Commercial" .
*
The comprehensive plan amendment is compatible with the other elements of the
City's Comprehensive Plan
*
The comprehensive plan amendment is compatible with and furthers elements of the
State Comprehensive Plan, in Chapter 187 F.S.
*
The comprehensive plan amendment is compatible with and furthers elements of the
East Central Florida Comprehensive Regional Policy Plan.
Novcmbcr 19, 1997
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LG-CPA.3-97
V. STAFF RECOMMENDATION:
Staff recommends the Local Planning Agency make the following recommendation to the
City Commission:
That the City Commission hold a first (transmittal) public hearing and transmit to the
Department of Community Affairs the proposed Large Scale Comprehensive Plan
Amendment (LG-CP A-3-97), creating a new Future Land Use Map designation
"GreeneWay Interchange District" in the Comprehensive Plan Land Use Element
Goals, Objectives and Policies (Volume 2 of2).
ATTACHMENTS:
. ".lb.
Map of subject land proposed to be included in new FLUM designation "GreeneWay
Interchange District".
November 19, 1997
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LG-CPA-3-97
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