HomeMy WebLinkAbout2004 08 04 Public Hearings Item A
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PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY AGENDA
. ITEM A
August 4, 2004
Meeting
Consent
Information
Public Hearin2 X
Re2ular I
REQUEST:
The Community Development Department - Planning Division requests that the Planning &
Zoning Board / Local Planning Agency hold a Public Hearing to consider a Large Scale
Comprehensive Plan Amendment (Ordinance 2004-36) changing the Future Land Use Map
designation from "Industrial" to "Commercial" for five (5) parcels located along US Hwy 17-92.
PURPOSE:
{ ) The City of Winter Springs is initiating the request for a Large Scale FLUM Amendment,
changing the Future Land Use Map designation for five (5) parcels along US 17-92,
making them more consistent with the goals, objectives and policies of the
Comprehensive Plan Future Land Use Element.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general
responsibility for the conduct of the comprehensive planning program. Specifically, the
Local Planning Agency shall: .
(a) 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. . .
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and
recommend to the governing body such changes in the comprehensive plan as may from
time to time be required...
Florida Statute 163.3187 Amendment of adonted comnrehensive nlan.
Florida Statute 166.041 Procedures for adontion of ordinances and resolutions.
Winter Snrinl!s Charter Section 4.15. Ordinances in General.
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August 4, 2004
Public Hearing Item A
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Winter SDrinl!s Article HI. Comprehensive Plan Amendments
Section 15-30. Authority. purpose and intent:
Section 15-36. Review criteria:
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning
Agency shall consider the application(s) at a Public Hearing, along with the staff review
board's recommendation, and recommend that the City Commission approve, approve
with modifications (text only), or deny the application for transmittal to the Department
of Community Affairs. At a minimum, the Local Planning Agency shall consider the
same factors considered by the staff review board. The LP A shall hold at least one (1)
public hearing prior to making its recommendation to the City Commission.
CHRONOLOGY:
Sept.2003-Feb.2004-Visioning Exercises and Workshops related to the
City's Commercial and Industrial districts.
July 22, 2004- Property Owner Notified of Administrative Action
July 22,2004- Adjacent property owners within 150' Notified by Certified Mail
July 25, 2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing
Aug. 4, 2004- P & Z Board (LP A) to hear the request and make recommendation
C.)
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Location - Generally along SR 419 and Old Sanford/Oviedo Road
Site Information -
The following five (5) parcels currently have an "Industrial" future land use and are being
considered for this future land use change to "Commercial".
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
1101 17-92 HWY N Winter Springs FL 32708
State ST Bank & TR CO ofCT TR
PO Box 711
Dallas, TX 75221
28-20-30-501-0000-017E
.46
LEG BEG 81.16 FT N 86 DEG 30 MIN E OF SW
COR LOT 18 RUNNELYON CURVE 135.08 FTN
86 DEG 30 MIN E 140.44 FT S 115 FT S 86 DEG
30 MIN W 205.04 FT TO BEG SPRING
HAMMOCK REPLAT PB 7 PG 96
7 -11 Convenience Store wi gas pumps
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel 1.0.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
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August 4, 2004
Public Hearing Item A
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PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
No Physical Address (Shepard Road)
Dittmer Properties, INC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 180
.68
LEG PT LOT 18 DESC AS BEG 496.02 FT S 86
DEG 02 MIN 40 SEC W OF NE COR LOT 18 RUN
S 26 DEG 2 MIN 26 SEC W 196.90 FT N 63 DEG
57 MIN 34 SEC W 223.01 FT N 25 DEG 19 MIN 9
SEC E 67.68 FT N 86 DEG 2 MIN 40 SEC E 258.48
FT TO BEG BLK B OAK GROVE PARK PB 7 PG
83
Superior Sheds (Commercial shed sales)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'c'
Property Address:
Property Owrier:
Owner's Address:
No Physical Address (Shepard Road)
Dittmer Properties, INC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 17 A
1.23
LEG LOTS 17 + 18 W OF W LI OF LOT 21 BLK C
LEVY GRANT (LESS BEG INT SLY LI LOT 17 &
ELY LI 17-92 RUN NLY ON RD 278.92 FT N 86
DEG 02 MIN 40 SECE 258.48 FT S 26 DEG 02
MIN 40 SEC E 258.48 FT S 26 DEG 02 MIN 26
SEC W 196.90 FT S 63 DEG 57 MIN 34 SEC E 255
FT S 4 DEG 49 MIN 25 SEC W 204 FT N 66 DEG 9
MIN 31 SEC W 546.73 FT TO BEG) BLK B OAK
GROVE PARK PB 7 PG 83 (1.15 AC)
Superior Sheds (Commercial shed sales)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
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Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Futur<? Land Use:
Proposed Future Land Use:
PARCEL'D'
Property Address:
PropertY Owner:
Owner's Address:
105717-92HWYN
Moretti, Richard
7104 Bledsoe Avenue
Orlando, FL 32810
28-20-30-5AS-OBOO-0 17B
2.50
LEG PT LOTS 17 & 18 BEG S 86 DEG 2,IM 40
SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W
301.54 FT OF NW COR WILD- WOOD RUN S 4
DEG 49 MIN25 SEC W 204 FT N 66 DEG 9 MIN
31 SEC W 546.73 FT NLY ON RD 211.24 FT S 63
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
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August 4, 2004
Public Hearing Item A
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Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
DEG 57 MIN 34 SEC 478.01 FT TO BEG BLK B
OAK GROVE PARK PB 7 PG 83
Auto Sales and Service
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
615 17-92 N Winter Springs, FL 32708
RCI of Winter Park NO 2 LTD.
301 S Orlando Ave STE 200
Maitland FL, 32708
33-20-30-503-0000-0140
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LEG LOTS 14 + 15 (LESS ELY 225 FT OF NLY
385 FT OF LOT 15) ENTZMINGER FARMS ADD
NO 3 PB 6 PG 27
Holler Kia- Mitsubishi Dealership
Winter SPr?ngs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel J.D.:
. Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
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Chronologv of Subject Propertv - The properties have been in the City and have been
utilized as they are currently being used, for some time.
Existing Land Uses -The properties currently have the following uses: Auto Sales &
Service, Car Dealership, Convenience Store, and Shed Sales.
Adjacent existing land uses, zoning and FLUM designations include the following:
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. Existing I$and Hses Zoning FLUiVI -.
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Subject Sites Commercial Retail C-2 (WS) Industrial (WS)
North Light Manufacturing C-2 (WS) Industrial (WS)
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South Commercial Retail C-2 (SC) Commercial (SC)
East Vacant PUD (WS) Industrial (WS)
West Commercial Retail C-2 (LG) Commercial (LG)
(WS) Winter Springs; (SC) Seminole County; (LG) Longwood
Development Trends - The subject properties have been developed and no changes are
proposed at this time. .
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August 4, 2004
Public Hearing Item A
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Proposed Future Land Use Classification - The proposed future land use map designation
from City of Winter Springs "Industrial" to City of Winter Springs "Commercial" is
compatible with adjacent land uses and consistent with the commercial environment
along the US 17-92 corridor.
Letters/Phone Calls In Favor Or Opposition - None as of July 26, 2004.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Desil!nation - The requested future land use map
designation was determined after numerous visioning exercises and workshops with the
Planning & Zoning Board and City Commission. The designation was determined by
evaluating the prevailing character of the immediate area, as well as evaluating the land
use and the future goals and objectives of the City. The subject properties are developed
and not expected to change in the near future.
Public Facilities:
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ROADS/TRAFFIC CIRCULA nON:
Availabilitv of Access:
Direct access is from US 17-92.
Function Classification:
US 17-92 is a principal arterial 6-lane north-south undivided roadway within the City of
Winter Springs with a level of service "D". .
POTABLE WATER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City water.
Improvements/expansions needed as a result of proposed amendment:
None.
SANITARY SEWER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City sewer.
Improvements/expansions needed as a result of proposed amendment:
None.
RE-USE WATER SYSTEM:
Facilities serving the parcels:
None.
Improvements/expansions needed as a result of proposed amendment:
None.
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August 4, 2004
Public Hearing Item A
DRAINAGE/STORMW A TER:
Facilities serving the parcels:
Parcel E is serviced by City stormwater.
Improvements/expansions needed as a result of proposed amendment:
None.
SOLID WASTE:
Facilities serving the parcels:
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006.
Improvements/expansions needed as a result of proposed amendment:
None.
RECREATION & OPEN SPACE:
Facilities serving the parcels:
There are no recreation or open space parcels adjacent to the area although the parcels are
serviced by the City's extensive park system.
Improvements/expansions needed as a result of proposed amendment:
None.
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FIRE:
Facilities serving the parcels:
Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station
17 in Longwood would be first responder as it is slightly closer. Response time would be
less than 5 minutes.
Improvements/expansions needed as a result of proposed amendment:
None.
POLICE:
Facilities serving the site:
Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station.
Response time would be less than 5 minutes.
Improvements/expansions needed as a result of proposed amendment:
None.
:Nuisance Potential Of Proposed Use To Surrounding Land Uses - The nuisance
potential of the proposed use resulting from the change of land use designation from
Industrial to Commercial to the surrounding properties should be minimal in view of the
following:
· The proposed FLUM designation will be more consistent with the surrounding areas
than the current designation.
· No changes are being proposed on the properties.
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August 4, 2004
Public Hearing Item A
Natural Lands Compatibility-
The properties under consideration do not include any conservation areas except Parcel E
which is south of Boat Lake. Parcel E is a car dealership. No further expansion or
redevelopment has been proposed. Therefore, no additional impacts to environmentally
sensitive areas are under consideration.
SOILS
The soils on this property are generally Urban Land.
Source: Soil Survey of Seminole County, Florida published by the Soil Conservation
Service of the U.S. Department of Agriculture
TOPOGRAPHY
The subject property and surrounding area are relatively flat with some drop off (0-12
percent.
FLOOD PRONE AREAS
A portion of Parcel E is located in Flood Zone AE with a base flood elevation of 55.
When the site was developed in the year 2000 this portion of the site was left un
developed. No further impact as a result of the FLU change.
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NATURAL RESOURCES
No further impact.
HISTORIC RESOURCES
None.
WILDLIFE
No further impact.
Consistency With The Comprehensive Plan - Florida Statute 163.3177 (6) (a) states...
"The future land use element must clearly identify the land use categories in which public
schools are an allowable use."
The Comprehensive Plan provides the following definitions for Industrial and
Public/Semi-Public Land Uses:
lndustria/- The industrialIind use category includes both light and heavy industrial uses.
Industrial uses are typically connected with manufacturing, assembly, processing or storage
of products.
Commcrcia/- The commercialhJ.nd use category consists of a variety of retail and office uses;
such as, medical facilities, shopping centers, restaurants, automobile service facilities, and
similar uses
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The proposed administrative Large Scale Comprehensive Plan Amendment changing the
Winter Springs land use designation of "Industrial" to Winter Springs designation of
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August 4, 2004
Public Hearing Item A
) "Commercial" is compatible and consistent with the historic and proposed use of this area
for retail commercial.
FINDINGS:
. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
· The request is in conformance with the purpose and intent of the City Code and with
all applicable requirements.
· Considering the type and location of uses involved and the general character of the
area, the change of the FLUM designation will not result in any incompatible land
uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage,
dust, lighting, appearance, and other factors deemed important.
· The request is consistent with Florida Statute Chapter 163, Part IT, and Rule 9J-5 of
the Florida Administrative Code, especially related to the protection of off-site and
on-site natural resources.
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STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board/LP A hold a Public Hearing and
recommend Approval to the City Commission for First Reading/Transmittal Hearing and
Adoption of Ordinance 2004-36, a Large Scale Comprehensive Plan Amendment
changing the Future Land Use Map designation of the five subject properties along US
17-92 from (Winter Springs) "Industrial" to (City of Winter Springs) "Commercial".
IMPLEMENTATION SCHEDULE:
Aug. 12,2004- Public Noticing in Orlando Sentinel of Public Hearing for 15t Reading
Aug. 23, 2004- Transmittal Hearing / 15t Reading of Ordinance
Aug. 30, 2004- Transmittal to DCA and other agencies
December 2004- Anticipated Adoption
ATTACHMENTS:
A-Map & Legal Description
PLANNING & ZONING BOARDILPA ACTION:
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August 4,2004
Public Hearing Item A
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ATTACHMENT A
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A
B
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Parcel A - Parcel # 28-20-30-501-0000-017E
Parcel B - Parcel # 28-20-30-5AS-OBOO-0 180
Parcel C - Parcel # 28-20-30-5AS-OBOO-0 17 A
Parcel D - Parcel # 28-20-30-5AS-OBOO-0 17B
Parcel E - Parcel # 33-20-30-503-0000-0140
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