HomeMy WebLinkAbout2000 10 04 Regular Item D
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY AGENDA ITEM
II. D.
CARROLL SMALL SCALE COMPREHENSIVE PLAN
AMENDMENT (SS-CPA-2-2000)
Staff Report
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APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163,3174(4)(a) Florida Statutes which states in part "Be the 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 the proposed plan or plan amendment.
CONSIDERA TIONS:
I. SUMMARY OF APPLICATION
APPLICANT:
OWNER:
Luther & JoAnn Carroll
11909 Narcoossee Road
Orlando, FL 32827
Luther & JoAnn Carroll
. 11909 Narcoossee Road
Orlando, FL 32827
REQUEST:
The applicant is requesting a change of Future Land Use Map designation from county
"Rural 3" (Max. 1 DU per 3 acres) to the City's "Commercial" designation,
PURPOSE:
To develop the property for commercial retail purposes rather than for agriculture or
residential.
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October 4, 2000
Carroll Small Scale Amendment
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A. SITE INFORMATION
1. PARCEL NUMBER
25-20-31-5BA-0000-0 190
2. ACREAGE:
10 acres approximately.
3. GENERAL LOCA TION:
Approximately six hundred (600') feet west of the intersection ofS.R. 434 and
DeLeon Street, on the north side of S.R. 434 and adjacent diagonal to the Battle
Ridge property (Bellaire Subdivision),
4. LEGAL DESCRIPTION:
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LOT 19, VAN ARSDALE OSBORNE BROKERAGE CO.'S ADDITION TO
BLACK HAMMOCK, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1 , PAGE 31, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAY
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property has been in the unincorporated area of the county,
6. DEVE.tOPMENT TRENDS:
This general area along S,R. 434 in proximity to the beltway is experiencing
development pressure. In recent years the McKinley's Mill residential
subdivision was built on the south side of S.R. 434 approximately 1,800 feet
west of the subject property. The Battle Ridge property was approved for a 110
lot residential subdivision and conservation area. Along the north side of S.R.
434 near the Battle Ridge property and 1,200 feet west from the subject
property (Carroll), the former Wofford/Slappey Property was annexed into the
City and was designated on the City's Future Land Use Map as "Commercial"
and rezoned by the City to C-l "Neighborhood Commercial" . This property is
the site of the future Winter Springs Executive Office Park. The Lamoureux
Property on the north side ofS,R. 434 approximately 1,000 feet west of the
subject property was annexed into the City and designated "Commercial" on the
City's Future Land Use Map and rezoned C-l "Neighborhood Commercial" on
the City's Zoning Map.
7. EXISTING LAND USE OF SUBJECT PROPERTY:
The parcel is vacant and with complete tree foliage.
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Carroll Small Scale Amendment
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8. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION:
No inquiries at the time of the writing of this Staff Report. The County and
Oviedo were notified in accordance with the Intergovernmental Planning
Coordination Agreement 1997" and Notice of Change of Land Use and Zoning
for the Carroll Property were published in the Orlando Sentinel on
September 22, 2000
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, treed area
South:
S.R. 434 and south of that is vacant land.
East:
vacant, treed area (also Carroll Property)
West:
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Church building and parking lot and large cleared area behind.
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(county) "Rural-3" (Max. 1 DU per 3 acres).
Requested:
"Commercial" .
D. FUTURE LAND USE DESIGNA TIONS ADJACI~NT TO SUBJECT PROPERTY:
North:
. (county) "Rural-3" (Max. 1 DU per 3 acres).
South:
(county) "Low Density Residential" (Max. 4 DU per acre),
East:
(Oviedo) "Low Density Residential" (1 - 3.5 DU per acre).
West:
(county) "Suburban Estates" (Max. 1 DU per acre)
E. ZONING OF SUBJECT PROPERTY:
Existing:
(county) A-3 "Agriculture",
Requested:
C-I "Neighborhood Commercial",
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(county) A-3 "Agriculture" (Max, 3 DU per acre)
South:
(county) A-I "Agriculture" (Max, 1 DU per acre),
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Carroll Small Scale Amendment
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East:
(Oviedo) A "Agriculture"
West:
(county) A-I "Agriculture" (Max. I DU per acre).
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and/or issues which staff analyzed in reviewing this
application,
A.' PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:: :;
Access is to S.R. 434
b. Function Classification:
S,R. 434 is classified as an urban arterial.
c, Improvements/expansions (including right-of-way acquisition) already
programmed or needed as a result of the proposed amendment.
At the time of development of the property, the developer would have to meet
the requirements of the Florida Department of Transportation for curb cuts,
decellanes, center turn lanes, etc. .
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:
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
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October 4,2000
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Carroll Small Scale Amendment
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cost to lay the water line to their properties, plus a pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
SANITARY SEWER:
a. Facilities serving the site.
None,
b. Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
cost to lay the water line to their properties, plus a pay a proportionate share for
extension of the trunk Hrte coming to the Battle Ridge property entrance,
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. There are no plans to extend re-use water lines to serve the subject
property or Battle Ridge property.
DRAINAGE/STORMW ATER:
a. Facilities serving the site.
None. No structural drainage system.
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.
Leal Planning Agency
October 4, 2000
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Carroll Small Scale Amendment
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SOLID WASTE:
a, Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREATION AND OPEN SPACE
a. Facilities serving the sit~.
None.
b, Improvements/expansions needed as a result of proposed amendment:
None. The property would not involve a residential component; hence no
requirement for recreational facilities or payment in lieu,
4. FIRE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None as a result of annexation of the subject property, 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 2-3 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.
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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. CONCURRENCY MANAGEMENT:
The request is for a small scale comprehensive plan amendment which is viewed as a
preliminary development order (where no approval for construction is made) is not subject
to Concurrency. Concurrency review has been deferred until application for a final
development order for the subject property, in accordance with the Concurrency
Management System established in the City's Comprehensive Plan Volume 2 of2.
C. LAND USE COMPATffiILITY:.
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1. SOILS:
The Soil Survey of Seminole County. Florida, published by the Soil Conservation
Service of the US. Department of Agriculture notes: AWhile 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
(09) Bassinger, Delray fine sands
(10) Bassinger, Samsula, and Hontoon soils, depressional
(20) Myakka and EauGallie fine sands
(09) Bassinger and Delray fine sands: The soils in this map unit are nearly level and
poorly drained and very poorly drained, These soils are in sloughs and poorly
defined drainagew3ays. The slopes are dominantly less than 2 percent. The
soils in this map unit are poorly suited to use for homesites and other urban
development. The main limitation is wetness. To overcome wetness, a water
control system is needed to provide for subsurface drainage and to remove
excess surface water. Fill material should be added to make these s08ils
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
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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 homesites, commercial
or recreational development, or sanitary facilities. The main limitations are
ponding, excess humus, low strength, and subsidence.
(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,
1. TOPOGRAPHY:
The subject property is overal~. twenty-five (25) feet above mean sea level.
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2. FLOOD PLAIN AREA:
A review of the FEMA National Flood Insurance Program Rate Map (12117COI55-
E; April 17, 1995) appears to show all of the subject land is outside the 100 year flood
plain area. It is in Zone X in areas determined to be outside 500-year floodplain,
3. NATURAL RESOURCES, HISTORIC RESOURCES.
No natural or historic resources are known to exist on the subject land.
4. 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 of 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.
D. CONSISTENCY WITH THE COMPREHENSIVE PLAN:
The City's Comprehensive Plan indicates that S. R. 434 is an urban arterial and is planned
as a commercial corridor, The City Commission has recently designated two (2) other
annexed properties [Wofford/Slappey and Lamoureux ]just to the west on the north side of
S,R. 434 as "Commercial" on the Future Land Use Map and rezoned those properties to
C-l "Neighborhood Commercial" on the City's Zoning Map~
Leal Planning Agency
October 4,2000
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Carroll Small Scale Amendment
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E. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of the proposed use resulting from the change of Future Land Use
Map designation from county "Rural-3" to City "Commercial" to the surrounding
properties should be minimal in view of the following:
. The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention or minimization of any potential nuisances,
Although the S.R. 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant indicated to staff he will
cooperate with the City to ensure the parcel meets or exceeds existing development
and aesthetic standards".
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At the time of site development, a traffic impact analysis will be required to
determine what measures will be required to offset the impacts and maintain traffic
flow.
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The proposed commercial use of the property is compatible with the existing land use
of properties to the west on the north side of S. R. 434. One property to the west of
the subject property involves proposed development of the Winter Springs Executive
Park, a three (3) building office park complex, and just to the west of that property,
there is an auto. repair and salvage business, The property adjacent to the east is the
entranceway to Battle Ridge. There are other businesses e.g. antique shop, real estate
office to the west toward the beltway.
III.
FINDINGS:
· The general area along S,R, 434 in proximity to the beltway is experiencing
development pressure. Just to the west of the beltway, Hess Service Station has
been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit
Courtney Springs Apartment complex. To the east the new Winter Springs
Executive Office Park will be built. This reflects the changing nature of the area
around the beltway and S.R. 434, one that is evolving from a rural area to an
urbanizing area. Residential developments create a demand for retail commercial
to serve the needs of residents. This area is experiencing the pressures of
development primarily due to demand for new residential and commercial
development in a prime location along S,R. 434,
· There are businesses along the north side of S.R. 434 just east of the beltway such
as an antique shop, real estate office, bicycle repair place, an auto salvage and
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repair shop and an auto restoration business. At present, much of the area along
both sides of S. R. 434 east of the beltway to the curve at DeLeon Street is vacant.
Existing patterns of vacant land should not be confused with those lands that are
in specific use as rural residential neighborhoods. Distinctions should be made
regarding lands essential to preserving a rural lifestyle, (large lot single family
residential) and land on the fringe of urban development which is only considered
rural because it is vacant.
· S.R. 434 is an urban arterial roadway and is more suited to commercial activity
along the frontage.
· The applicant's proposed land use "Commercial" is compatible with the
commercial nature of an urban arterial such as S.R, 434, as well as with the
existing commercial establishments in the general area of S,R, 434 on the
northside.
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· The City's Comprehensive Plan indicates that S. R, 434 is an urban arterial and is
planned as a commercial corridor. The City Commission has recently designated
two (2) other annexed properties [Wofford/Slappey and Lamoureux liust to the
west on the north side of S.R. 434 as "Commercial" on the Future Land Use Map
and rezoned those properties to C-l "Neighborhood Commercial" on the City's
Zoning Map.
· The existing land use adjacent to the subject property is vacant on the south side,
south of S.R. 434, vacant to the north, though that portion to the rear of the
subject property will be developed as the Battle Ridge residential subdivision, and
the Winter Springs Executive (Office) Park on the west side of the subject
property and an auto repair and salvage business to the west of that.
· The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The State can
require deceleration lanes and center turn lanes to maintain traffic flow. The
City's land development regulations and the site plan review process of the
Development Review Committee can ensure the prevention or minimization of
potential nuisances.
· Although the S,R. 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant has indicated he will
cooperate with the City to ensure the parcel meets or exceeds existing
development and aesthetic standards,
· The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office Park.
property to the entrance, Any property owner to the east would pay the cost to lay
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Carroll Small Scale Amendment
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the water sewer lines to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
IV. STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Local Planning
Agency make the following recommendation to the City Commission:
That the City Commission approve a small scale comprehensive
plan amendment changing the Future Land Use Map (FLUM)
designation of the 10 acre Carroll Property from county
"Rural - 3" (Max, 1 DU per 3 acres) to "Commercial" .
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ATTACHMENTS:
. Map of Subject Prop~rty.
. Future Land Use Map of City of Winter Springs.
· Future Land Use Map of City of Oviedo,
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ATTACHMENT A
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CARROLL PROPERTY
SMALL SCALE AMENDMENT
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ATTACHMENT B
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CARROLL PROPERTY
REZONING
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ATTACHMENT C
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CITY OF OVIEDO
FUTURE LAND USE MAP
SR434
LDR
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CARROLL PROPERTY
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~~'~ CITY OF OVIEDO FLORIDA
400 ALEXANDRIA BOULEVARD ~ OVIEDO, FLORIDA 32765 • (407) 977-6000
V. EUGENE WILLIFORD, III
CITY MANAGER
October 4, 2000
Ronald Mclemore, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
Re: Comprehensive Plan Amendment and Rezoning for property located north of State Road
434 and west of DeLeon Street
Dear Mr. Mclemore:
The City of Oviedo is in receipt of the Notice of Planning Action form faxed on October 1, 2000.
The subject property, particularly described as parcel identification number 25-20-31-SBA-0000-
0190, is located within the City of Oviedo's Joint Planning Area boundary as adopted by a Joint
Planning Interlocal Agreement (JPA) with Seminole County on September 28, 1999. The proposed
comprehensive plan amendment from Seminole County Rural-3 to City of Winter Springs
Commercial, and rezoning from Seminole County A-3 to City of Winter Springs C-l, are in conflict
with the Joint Planning Interlocal Agreement for the following reasons:
1) It is the intent of the JPA to protect the rural character of areas designated Rural on Seminole
County's Comprehensive Plan. The subject property is designated Rural-3 on Seminole
County's Comprehensive Plan future land use map. The City of Winter Springs proposes to
designate the land use of the subject property as Commercial.
2) The proposed annexation is in conflict with the Future Oviedo Annexation Area map within
the JPA which includes the subject property.
3) The JPA establishes transition areas for properties within the City's Joint Planning Area
boundary. The subject property is located within a transitional area. According to the
Equivalency Chart of the JPA the property must be designated either Low Density
Residential (Transitional) or Rural within the City of Oviedo, both of which are residential
land uses. The proposed Commercial future land use designation is inconsistent with the
intent of the Equivalency Chart of the JPA.
4) The proposed Commercial future land use designation and C-1 zoning classification are
inconsistent with that of the City of Oviedo's and Seminole County's planning objectives for
the area.
Furthermore, the proposed Commercial land use designation and C-1 zoning classification are not
compatible with the City of Oviedo's 2010 Future Land Use Map and Official Zoning Map for
properties in the area surrounding the subject property. Therefore, we request that the City of Winter
Springs take no action on these applications until the issues involving the City's JPA with Seminole
County can be resolved.
If you have any questions, please contact me at (407) 977-6300.
Sincerely,
THE CITY OF OVIEDO
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V. Eugene Williford, III
City Manager
cc: Honorable Mayor
Oviedo City Council
Bryan J. Cobb, Director of Planning and Zoning
Frances Chandler, Planning and Development Director, Seminole County