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HomeMy WebLinkAbout2000 09 13 Regular Item C CITY OF WINTER SPRINGS, FLORIDA 11 LG EAST STATE ROAD 434 WINTEri SPRINGS. FLORIDA 32708-2799 Telephone (407) 327,1800 Community Development Dept. Planning Division LOCAL PLANNING AGENCY REGULAR AGENDA ITEM: II C. TELECORP, INC. SMALL SCALE COMPREHENSIVE PLAN AMENDMENT (SM-CPA-1-2000) 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 amendme~ts 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. BACKGROUND: APPLICANT: OWNER: Telecorp, Inc. 997 West Kennedy Blvd., A-25 Orlando, FL 32810 I Gerald Karma 820 E. S. R. 434 Suite 170 Longwood, FL 32750 LOCAL PLANNlNG AGENCY Septcmbcr ] 3,2000 SS-CPA-I-2000 P~gc I of 12 \ REQUEST: For change of Future Land Use designation from Seminole Countis designation of "Commercial" to the City's designation of "Commercial", PURPOSE: Applicant wants to construct a commercial and/or multi-family facility. PROPERTY: Location: Adjacent on the southeast side of the intersection of S.R. 434 and S.R. 417 (The GreeneWay) Boundary Survey: The East 452.34 feet of the North 604.72 feet of the West ~ of the SW Y-i of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, less and except the West 15.00 feet of the North 361.88 feet thereof, and less and except that portion thereof lying Northerly of State Road 419 (also known as Parcel 10 of hat certain unrecorded development plan known as Pines of Tuskawilla. Corrective Legal Description: That part of the W est ~ of the SW Y4 of Section 4, Township 21 South, Range 31 East, Seminole County, Florida, lying South of State Road 419, less the South 1,357.60 feet, and also less the West 900.00 feet of the North 242.00 feet of the South 1,582.40 feet, and also less the West 1,050.00 feet of said West Y:z of the SW Y-i lying North of the South 1,582.40 feet thereof. Also known as Lot 10 of the unrecorded plat of the Pines of Tuskawilla. ACREAGE: 3.5 acres PARCEL NUMBER: 02-21-31-300-002B-OOO EXISTING LAND USE OF SUBJECT PROPERTY: Vacant, treed lot with grassed front. LOCAL PLANNING AGENCY Septcmbcr 13,2000 SS-CP A-I-2000 Pagc 2 of 12 CHRONOLOGY OF SUBJECT PROPERTY: None with respect to the City of Winter Springs, Parcel has been part of a county enclave that extends eastward and southward to include approximately 30 acres, FUNDING: No monies from the City are required. II. CONSIDERA TIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North: Vacant, heavily wooded area. South: Wet retention pond for S,R. 417 "The GreeneWay". East: three small old houses. Vacant, treed area further eastward. West: S.R. 417 "The Greene Way". FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County) "Commercial" Requested: (City designation) "GreeneWay Interchange District" FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: North: (County) "Commercial" South: "Commercial" East: (County) "Commercial." And "Low Density Residential" (Max. 4 DU per acre) West: "Commercial" LOCAL PLANNING AGENCY September 13,2000 SS-CP A-I-2000 Pnge ~ of 12 ZONING OF SUBJECT PROPERTY: Existing: (County) A-I Agriculture, Requested: (City designation) G-I "GreeneWay Interchange Zoning District" ZONING ADJACENT TO SUBJECT PROPERTY: North: (County) A-I "Agriculture" South: C-l "Neighborhood Commercial" East: (County) A-I "Agriculture" West: C-l "Neighborhood Commercial" III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues 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 north side. b. Function Classification: S.R. 434 is an urban arterial 4-lane {:ast west roadway. c. Improvements/expansions (including right-or-way acquisition) already programmed or needed as a result of the proposed amendment. None. The traffic generated from a commercial activity on 3.5 acres will not cause any significant reduction in the Level of Service or threaten the LOCAL PLANNlNG AGENCY September 13,2000 SS-CPA,] ,2000 Page 4 of 12 Level of Service Standard "E" of State Road 434, Applicant has not determined specifically what commercial activity he may want to develop on the subject property, Property owner is subject to the land development requirements found in Chapter 9 of the City Code. The amendment request would not be in contlict with the Metropolitan Planning Organization (now Called MetroPlan) Plan or the Florida Department of Transportation's 5 Year Plan. 2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POT ABLE WATER: POT ABLE WATER: a. Facilities serving the site, None. b. Improvements/expansions needed as a result of proposed amendment: Developer would eventually tap into trunk line extended from near Vistawilla Drive. Developer would lay all water lines within the development and tap into the trunk line. SANIT AR Y SEWER: a. Facilities serving the site. None, b. Improvements/expansions needed as a result of proposed amendment: Developer would eventually tap into trunk line extended from near Vistawilla Drive. 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. LOCAL PLANNING AGENCY September 13,2000 SS-CPA-1-2000 Page 5 of 12 b. Improvements/expansions needed as a result of proposed amendment: None, 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, Florida Recycling until 2006. 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: Developer does not plan a residential component on the 3.5 acre parcel. LOCAL PLANNING AGENCY Scptcmbcr 13,2000 SS-CPA-I-2000 Page 6 of 12 None, since this will be a commercial project with no residential component, 4. FiRE: a. Facilities serving the site, None. b. Improvements/expansions needed as a result of proposed amendment: N one as a result of annexation of the subject parcel. This area is presently covered by Fire Station # 26 at Northern Way. The response time is 4 to 5 minutes. A proposed Fire Station is to be located just west of Courtney Springs Apts. The proposed Fire Station # 28 is scheduled to be built in Fiscal Year 2003-4. The estimated response time when the new Fire Station is operational would be less than 2 minutes. Under the First Response Agreement between the City and the County, the City already services the subject property, 5. POLICE: a. Facilities serving the site. None. b. Improvements/expansions needed as a result of proposed amendment: None. The response time to the subject property would be: Emergency response time is 3,5 minutes. Non-emergency response time is 4.5 minutes. The average is 4.3 minutes over the whole City. B. LAND USE COMPATIBILITY: 1. SOILS: The soils on this property are: 20 - Myakka and EauGallie fine sands. 24-Paola-St. Lucie sands, 0 - 5% slopes. 20 - 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%, During LOCAL PLANNING AGENCY September 13,2000 SS-CPA-I-2000 Page 7 of 12 most years, the soils in this map unit have a seasonal high water table within 12 inches of the surface for 1 month to 4 months. 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. 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 - 5%. The soils in this map unit have a seasonal high water table at a depth of 80 inches or more. The permeability of these soils is very rapid. The soils in this map unit are well suited to homesites and other urban development. The main limitation is the instability of cutbanks. Sidewalls or shallow excavations should be shored. 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 (l2117CO 155-E; April 17, 1995) indicates the subject parcel is not within the 100 year flood prone area, but within Zone "X -- Other Areas" which states areas determined to be outside 500 year floodplain. 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. A wildlife survey those species designated as endangered, threatened or species of special concern is required prior to final development approval for this property per 39-27.003.005 F.A.C. LOCAL PLANNING AGENCY September 13,2000 SS-CP A- I -2000 Pnge H or 12 6. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES. The proposed future land use change from (county) "Commercial" to (City) "GreeneWay Interchange District" will not negatively impact adjacent land uses, since on the north side of S.R. 434, the parcel is designated by the County as "Commercial". In the County Comprehensive Plan, this FLUM designation is reserved for "a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established." The subject property is adjacent on the east side by County designated FLUM "Commercial" and "Low Density Residential", on the west and south sides by City of Winter Springs designated FLUM "Commercial". On all four sides of the subject parcel, there is a FLUM designation of "Commercial". There should be no nuisance to surrounding properties as a result of the subject parcel being used in the future for a commercial purposes. It is projected that the adjacent parcels to the west, east and south will be utilized in the development of commercial activity. C. CHANGE IN CHARACTER OF THE SURROUNDING AREA: The area is experiencing significant commercial and residential growth in the proximity of the transportation nexus of the S.R. 434 & S.R. 417 liThe GreeneWay". 434 & S.R. 417 "The GreeneWay". In the past year and a half, Courtney Springs Apartments, Kash-n- Karry Grocery Store, Hess Station have been built. Burger King Fast Food Restaurant will be built adjacent to the east of Hess Station. On the east side of the beltway, the Winter Springs Executive Office Park is approved for construction and two property owners on the north side of S.R. 434 have expressed an interest in annexation into the City and developing their property for commercial purposes. D. ECONOMIC DEVELOPMENT: Development of commercial activity on the parcel will add to, and vary the City's tax base. E. 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 "Greene Way LOCAL PLANNING AGENCY Scptcinbcr ] 3,2000 SS-CPA,I-2000 Pngc 9 of 12 Interchange District" is compatible with the general surrounding commercial land uses to the north, south, east, and west along S,R. 434. The land to the west and south are within the City. The creation of "GreeneWay Interchange District", the new Future Land Use Map designation of the City, is a forward looking approach to utilizing the transportation nexus of S.R. 434 and S.R. 417 "The GreeneWay" for the development of highway oriented commercial activity, commercial and multi-family development at higher intensity and density, and the clustering of economic development activities along growth corridors. Currently, the area to the northwest (Cassells Trust lands) of this intersection is designated "GreeneWay Interchange District also. Of note is that the County has a similar designation with its HIP District (Higher Intensity Planned Development District around major transportation nexuses within the unincorporated areas. IV. FINDINGS: 1. The proposed Future Land Use Map designation "GreeneWay Interchange District" for development of commercial activity, is compatible with the commercial nature of S.R. 434 and the transportation nexus of S.R. 434 & S.R. 417 "The Greene Way". 2. The proposed future land use change from (county) "Commercial" to (City) "GreeneWay Interchange District" will not negatively impact adjacent land uses, since on the north side of S.R. 434, the parc.el is designated by the County as "Commercial". In the County Comprehensive Plan, this FLUM designation is reserved for "a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services. This land use should be located at the intersections of major roadways and along major roadways as infill development where this use is established." The subject property is adjacent on the east side by County designated FLUM "Commercial" and "Low Density Residential", on the west and south sides by City of Winter Springs designated FLUM "Commercial". On all four sides of the subject parcel, there is a FLUM designation of "Commercial". Therefore, the designation of the subject property as "GreeneWay Interchange District" would be consistent and compatible with the City's Comprehensive Plan. 3. 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 Kash-Kany Grocery Store, Hess Station, existing small commercial activity on the north side of S.R. 434 east of the beltway and soon to be built Winter Springs Executive Office Park LOCAL PLANNING AGENCY September] 3,2000 SS-CPA- I -2000 Page 10 of 12 and a soon to be built Burger King Fast Food Restaurant on the south side of S.R. 434 just west of the beltway, 4. 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. 5. With the development requirements of the FLUM GreeneWay Interchange District and the GreeneWay Interchange Zoning District applied during the development review and approval process, the commercial activity will be compatible with the natural environment of the nearby area. 6. The proposed use of the property for higher intensity commercial and/or higher density multi-family will have a positive, significant economic impact on the City. 7. The traffic generated from a commercial activity on 3.5 acres will not cause any significant reduction in the Level of Service or threaten the Level of Service Standard "E" of State Road 434. Applicant has not determined specifically what commercial activity he may want to develop on the subject property. Property owner is subject to the land development requirements found in Chapter 9 of the City Code. The amendment request would not be in conflict with the Metropolitan Planning Organization (now called MetroPlan) Plan or the Florida Department of Transportation's 5 Year Plan. v. STAFF RECOMMENDATION: Staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission approve the request by TeleCorp, Inc., for a change from County Future Land Use designation of "Commercial" to City Future Land Use Map (FLUM) designation of "GreeneWay Interchange District" on a 3.5 acre parcel located at the southeast corner of the intersection of S.R. 434 and S.R. 417 "The GreeneWay". ATTACHMENTS: 1. Sketch and Description of the 3,5 acre parcel . LOCAL PLANNING AGENCY Scptcmber 13,2000 SS-CP A- ] -2000 Page II of 12 2. Aerial View of property and immediately surrounding area. 3. Winter Springs Future Land Use Map of the nearby area. 4. Oviedo Future Land Use Map of the nearby area. LOCAL PLANNING AGENCY Scptcmber 13,2000 Pagcl2ofJ2 SS-CP A-I-2000 ATTACHMENT 1 :I€ CITY OF WINTER SPRINGS BATTLE RIDGE (BELLFAIRE SUBDIVISION) ~ ~ ~ ~ . 0...----- ~ -'-'- .--<.---- ~ ~/.- V (1.0 c-0 :v G~ ,,-::,., .......':;.... 0D Cf:!D J J CD ~ ~ STATE ROAD 434 r ====._-==--~~r ~===~~.-~.~~..~__~__.. _. __ II'"UU, ~ C0 ~ ~ ~ ~ ~ CD .. <E Cv GI0 ~ ~\~\)O O~O C~~~ .( .~~ ~~ " ~E ...........'.., -" II .... "~""" ,. =~.'---;;-1~o -.~ ~, :; ~~ 4 F~- -~:-I ~:.~,: ~~~ ~ ..;- : .......... " ./ ,.(--c:,. ," --- --- --I~'--I'l' .. ". I ".... .. IJ II 'I II II' / . ." " .. ...- '. / " cg:~'V (,"z.0 (fF; = \ G'::- TELECORPc ...... PROPERTY \ ~~'i , I Cot) .. ~ \ '" ." '-"\ " ~C;;D C~i; ::~':,) ~ " ...' ;c~:J )' 09.1I.JI @ :J!~ (~~0 ~'j@ :: -= I I"CI I - _. I - -. ::: ' ~ - ..[..,~ - -- I .." - I:: ~i!j) ~.::"\: 1."-- I "", ATTACHMENT 2 .,"i"",\~-:.~~.m~A~~ )f~~U;~~.~ "-.--', / .,.. --,.., I] ':". t ., ':1 - ) :' ._-'-~_.".. .. 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