HomeMy WebLinkAbout2001 02 07 Regular Item B
010"
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development DepL
Planning Division
LOCAL PLANNING AGENCY REGULAR AGENDA ITEM:
II B. JUL Y ANNA SMITH (TELECORP, INC.) REZONING
(REZ-I-2001)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend
to the City Commission the boundaries of the various original zoning districts. . .and any
amendments thereto. . .act on measures affecting the present and future movement of traffic, the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning."
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
1. REQUEST:
For change of Zoning Map designation from Seminole County,'s designation of A-I
"Agriculture" to the City's designationofGID "Greeneway 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.
PLANNING &. ZONING BOARD
February 7, 200 I
REZ.I-2001
Page I of 13
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 ofS.R. 434 and S.R. 417 (The
GreeneWay)
4. LEGAL DESCRIPTION:
LEG SEC 04 TWP 21S RGE 31E N 200 FT OF W300 FT OF S ~ OF E 1;2 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
been built. Burger King Fast Food Restaurant had been scheduled to be built
adjacent to the east QfHess 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 ofS.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 (Bel fair 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.
PLANNING & ZONING BOARD
February 7, 200 I
REZ-I-2001
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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) "Greene Way Interchange District"
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(County) "Commercial"
South:
(County) "Low Density Residential" (max. 4 DU per acre).
East:
(County) "Commercia!." 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"
PLANNING & ZONING BOARD
February 7. 200 I
REZ.I-200 I
Page) of I )
G. LETTERSIPHONE 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.
II. REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application.
A. JUSTIFICA TION FOR REZONING:
1. Applicant wishes to develop the property for commercial uses takIng advantage of
the transportation nexus ofS.R 434 and S.R. 417 (The GreeneWay).
2. The immediate area within 1;'2 mile to I mile distance from the subject property
has had small commercial development and is now experiencing accelerated and
larger commercial development.
3. S.R 434 is an urban arterial roadway and is well suited to commercial activity.
B. 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.
C. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULA nON:
a. Availability of Access:
S.R. 434 abuts this property on the north side.
PLANNING & ZONING BOARD
February 7, 2001
REZ-I-2001
Page 4 of 13
b. Function Classification:
S.R. 434 is an urban arterial 4-lane east west roadway.
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 A TER MANAGEMENT,
POT ABLE WATER:
POTABLE 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. Devdoper 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 exterided from near
Vistawilla Drive. Developer would lay all sewer lines within the
development and tap into the collector line.
PLANNING & ZONING BOARD
February 7, 2001
REZ-I-200 1
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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.
3. RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
PLANNING & ZONING BOARD
February 7, 200 I
REZ-l.2001
Page 6 of 13
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.
D. 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 iti the City's Comprehensive Plan Volume 2 of 2.
PLANNING & ZONING BOARD
February 7, 200 I
REZ-I.200 I
Page 7 of 13
E. 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.
3. FLOOD PRONE AREA:
A review of the FEMA National Flood Insurance Program Rate Map
(I 2117CO 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.
PLANNING & ZONING BOARD
February 7, 200 I
REZ-I-2001
Page 8 of 1 3
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.
F. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
.
The owner/developer of the property wishes to develop the subject parcel in
conjunction with their property adjacent to the west as commercial to take
advantage of the transportation nexus ofS.R 434 and S.R. 417 (The GreeneWay).
There already exists small commercial establishments on the northside of S.R
434 in near proximity to the subject parcel. Much of the immediate area around
the subject property is vacant with tree cover. 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.
.
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 review process of the Development Review
Committee can ensure the prevention or minimization of any potential nuisances.
G. ECONOMIC DEVELOPMENT:
Development of commercial activity on the parcel will add to, and vary the City's tax
base.
H. CONSISTENCY / COMPATIBILITY OF PROPOSED REZONING WITH THE
CITY'S COMPREHENSIVE PLAN AND WITH OVIEDO'S COMPREHENSIVE
PLAN AND ZONING:
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 east 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. On the south side of
S.R. 434, immediately to the east, .the City of Oviedo has an area designated CM
"Commercial" on its Future Land Use Map and is zoned by Oviedo as C-1 "Commercial"
PLANNING & ZONING BOARD
February 7. 200 I
REZ-I-2001
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Zoning District. Oviedo's "C-I Commercial District is intended to permit and encourage
a full development of retail commercial uses."
The proposed rezoning from (County) A-I "Agriculture" Zoning District to (City) GID
"GreeneWay Interchange".Zoning District is consistent and compatible with the proposed
small scale comprehensive plan amendment prompted by the annexation of the l!iubject
parcel changing the County designation "Commercial" to the City designation of
"GreeneWay Interchange District". The proposed rezoning is compatible with the
general surrounding commercial land uses to the north, east, and west along S.R. 434.
The creation of "GreeneWay Interchange" Future Land Use Map designation and the
associated GID "GreeneWay Interchange" Zoning District, 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 th~ 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.
IV. FINDINGS:
1. The proposed Zoning Map designation GID "GreeneWay Interchange Zoning
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 GreeneWay".
2. On the south side of S.R. 434, immediately to the east of the subject property, the
City of Oviedo has an area designated CM "Commercial" on its Future Land Use
Map and is zoned by Oviedo as C-l "Commercial" Zoning District. Oviedo's
"C-l Commercial District is intended to permit and encourage a full development
of retail commercial uses."
3. The proposed zoning change from (County) A-I "Agriculture" to (City)
"GreeneWay Interchange District" will not negatively impact adjacent land uses
since nearby areas are either vacant or have small commercial establishments,
except for the one house to the south of the subject property.
4. Although there is no agriculture occurring anywhere in the area, on the north side
of S.R. 434 and the east side of the subject property the parcel is designated by
the County as A-I "Agriculture". On the west side of the subject property, there
is the City of Winter Springs zoning designation GID "GreeneWay Interchange
Zoning District" (the Telecorp, Inc. property)
PLANNING & ZONING BOARD
February 7, 200 I
REZ. I -200 I
Page 10 of I 3
5. There should be no nuisance to surrounding properties in the general area 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 of S.R. 434 just west of the beltway.
6. The City is willing to extend sewer, 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.
7. 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.
8. 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.
9. The traffic generated from a commercial activity on a 0.72 acres will not calise
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.
1 O. The property owner is subject to the land development requirements found in
Chapter 9 of the City Code and the GreeneWay Interchange FLUM designation
and the GID "GreeneWay Interchange Zoning District" regulations.
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., (Contract
Purchaser) of the Julyanna Smith property for a change from County Zoning Map
designation of A-I "Agriculture" to the City's Zoning Map designation of GID
"GreeneWay Interch~mge Zoning District" on a 0.72 acre parcel located near the
southeast corner of the intersection of S.R. 434 andS.R. 417 ("The GreeneWay").
PLANNING & ZONING BOARD
February 7, 200 I
RI2-1-2001
Page II of I J
ATTACHMENTS:
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
PLANNING & ZONING BOARD
February 7, 200 I
REZ-I-200I
Page 12 of' I :l