HomeMy WebLinkAbout2001 02 07 Regular Item A
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CITY OF WINTER SPRINGS, FLORIDA
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. 1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY REGULAR AGENDA ITEM:
II A. JUL Y ANNA SMITH (TELECORP, INC.) SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT (SS-CPA-1-2001)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
"The provisions of 163.317 4( 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 of163.3187 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 3 1 days after adoption."
I. SUMMARY OF APPLICATION:
APPLICANT:
OWNER:
Telecorp, Inc. (Contract Purchaser)
997 West Kennedy Blvd., A-25
Orlando, FL 32810
Julyanna Smith
1063 State Road 434
Oviedo, FL 3276
LOCAL PLANNING AGENCY
February 7, 200 I
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1. REQUEST:
For change of Future Land Use Map designation from Seminole County:s designation of
"Commercial" to the City's designation of "Greene way Interchange" District.
2. PURPOSE:
Applicant wants to construct a commercial and/or multi-family facility to be built with the
additional property adjacent to the west owned by Telecorp, Inc.
A. SITE INFORMATION:
1. PARCEL NUMBER:
04-21-31-300-0040-,000
2. ACREAGE:
0.72 acres
3. GENERAL LOCATION:
Very near the southeast side of the intersection of S.R. 434 and S.R. 417 (The
Greene Way)
4. LEGAL DESCRIPTION:
LEG SEC 04 TWP 21 S RGE 31 EN 200 FT OF W300 FT OF S % OF E ~ OF
SW 14 (LESS RD)
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property has been in the unincorporated area of the county.
6. DEVELOPMENT TRENDS:
The area is experiencing significant commercial and residential growth in the
proximity of the transportation nexus of the S.R. 434 & S.R. 417 "The
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
LOCAL PLANNING AGENCY
February 7, 2001
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been built. Burger King Fast Food Restaurant had been scheduled to 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. Also on the north
side, the Battle Ridge property (Belfair Subdivision) will be built with 110 single
family homes.
7. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
The parcel is vacant and with complete tree foliage.
8. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION:
The County and Oviedo were notified in accordance with the Intergovernmental
Planning Coordination Agreement 1997". At the time of the preparation of this
Staff Report, no objections were raised.
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
S.R. 434; further north, vacant, heavily wooded area with old house.
South:
unimproved r-o-w ''Cass Way" as open field; further south is a house.
East:
vacant treed area.
West:
Wooden lot (Telecorp property)
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County) "Commercial"
Requested: (City designation) "GreeneWay Interchange District"
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(County) "Commercial"
South:
(County) "Low Density Residential" (max. 4 DU per acre).
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East: (County) "Commercial." And "Low Density Residential"
(Max. 4 DU per acre)
West: (City) "Commercial".
E. ZONING OF SUBJECT PROPERTY:
Existing: (County) A-I Agriculture.
Requested: (City designation) G-I "GreeneWay Interchange Zoning District"
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(County) A-I "Agriculture"
South:
(County) A-I "Agriculture"
East:
(County) A-I "Agriculture"
West:
(City) GID. "GreeneWay Interchange District"
II. 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 east west roadway.
LOCAL PLANNING AGENCY
February 7, 200]
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c. Improvements/expansions (including right-of-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
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.
2. SANITARY SEWER, SOLID WASTE, STORMW ATER MANAGEMENT,
POTABLE 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.
SANITARY 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.
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RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None.
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.
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.
LOCAL PLANNING AGENCY
February 7, 200]
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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.
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:
None 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.
LOCAL PLANNING AGENCY
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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 COMPATIBILITY:
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:
(20) Myakka and EauGallie fine sands.
(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 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.
2. TOPOGRAPHY:
The subject property and surrounding area have slight grade.
LOCAL PLANNING AGENCY
February 7, 200 I
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3. FLOOD PRONE AREA:
A review of the FEMA National Flood Insurance Program Rate Map
(12117COI55-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.
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
C-l "Neighborhood commercial" on the City's Zoning Map.
E. 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
ofS.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 north
and east sides by County designated FLUM "Commercial" and on the west side by City
FLUM designation "Commercial". On the south side the County has FLUM sesignation
of "Low Density Residential".
LOCAL PLANNING AGENCY
February 7, 200]
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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 north, east and west will be utilized in the development of commercial
activity.
Ii', 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 "The 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
had been scheduled to 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.
G. ECONOMIC DEVELOPMENT:
Development of commercial activity on the parcel will add to, and vary the City's tax
base.
H. 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
Interchange District" is compatible with the general surrounding commercial land uses to
the north, east, and west along S.R. 434. The land to the west is in 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
adjacent to the west and 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.
LOCAL PLANNING AGENCY
February 7, 200 I
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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 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 on the south side as "Low Density
Residential", on the west by City of Winter Springs designated FLUM
"Commercial". On all three 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-Karry 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
and Burger King Fast Food Restaurant had been scheduled to be built on the south
side ofS.R. 434 just west of the beltway.
4. The City is willing to extend s~wer, water, and other urban services to the subject
parcel and adjacent parcels that it provides to other areas of the City when the
trunk lines are extended in the near future.
5. With the development requirements of the FLUM "GreeneWay Interchange
District" and GID "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.
LOCAL PLANNING M;I~NCY
February 7, 2DD I
SS-CP A-i-200 1
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6. The proposed use of the propertyfor 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 a 0.72 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 a.pprbve the request by TeleCorp, Inc., (Contract
Purchaser) of the Julyanna Smith property for a change from County Future Land
Use Map designation of "Commercial" to the City's Future Land Use Map
(FLUM) designation of "GreeneWay Interchange District" on a 0.72 acre parcel
located near the southeast corner of the intersection of S.R. 434 and S.R. 417
"The GreeneWay".
A TT ACHMENTS:
1. Sketch of the 0.72 acre parcel.
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
February 7, 200 I
SS-CPA-I-200 I
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