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HomeMy WebLinkAbout2003 04 23 Regular Item B P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLlIM) PLANNING AND ZONING BOARD - LOCAL PLANNING AGENCY APRIL 23, 2003 REGULAR AGENDA ITEM B: Administrative Large Scale Future Land Use Amendment, changing the future land use designation from "Industrial" to "Public/Semi-Public" for the new Elementary School sited at Ginger Lane and Old Sanford Oviedo Road. STAFF REPORT APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) The Local Planning Agency shall have thc gcncral rcsponsibility for the conduct of the comprehcnsivc planning program. Specifically, thc Local Planning Agency shall: (a) Be thc agency rcsponsiblc for thc prcparation of thc comprchensivc plan or plan amcndment and shall make recommcndations to the govcrning body regarding the adoption or amcndmcnt of such plan.. . (b) Monitor and oversee the effcctivcncss and status of the comprchcnsivc plan and rccommend to thc governing body such changcs in the comprchcnsivc plan as may from time to time bc required... Winter Springs Article III. Comprehensive Plan Amendments Section 15-37. Local Planning Agency Review and Recommendation. Prior to the City Conunission's considcration of the application, thc Local Planning Agcncy shall considcr the application(s) at a Public Hcaring, along with thc staff revicw board's rccommcndation, and rccommcnd that the City Commission approvc, approve with modifications (text only), or deny the application for transmittal to the Dcpartmcnt of Community Affairs. At a minimum, thc 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. Section 15-36. Review criteria. The recommcndation of the staff revicw board shall be based on thc following minimum factors, if applicablc: (1) Whether the proposed amcndment will have a favorable or unfavorable effcct on thc city's budget, or the economy of the city or thc rcgion; (2) Whether the proposed amendmcnt will diminish the level of scrvice (LOS) of public facilitics; (3) \V'hether there will be a favorable or unfavorablc impact on the cnvironment or the natural or historical resources of the city or thc region as a result of the proposed amcndment; 1 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLLIM) (4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in Chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code; (5) Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is gramed, and whether the amendment will promote the cost/effective use of or unduly burden public facilities; (6) Whether the amendment is compatible with surrounding neighborhoods and land use; (7) Whether approval of the amendment will cause the comprehensive plan to be internally , . illconslstent; (8) Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The contents of any Evaluation and Appraisal Rcport (EAR) preparcd pursuant to 163.3191, Florida Statutcs. Florida Statute 163.3184 Process for adoption of comprehensive plan or plan amendment. (15) PUBLIC HEARINGS.-- (a) Thc procedure for transmittal of a complete proposcd comprehcnsive plan or plan amendment. . . shall be by affirmative vote of not lcss than a majority of the members of the governing body present at the hearing. The adoption of a comprehensivc plan or plan amendment shall be by ordinance. For the purposes of transmitting or adopting a comprehensivc plan or plan amendment, the notice requirements in chapters 125 and 166 are superseded by this subsection, except as provided in this part. (b) The local governing body shall hold at least two advertised Public Hearings on the proposed comprehensive plan or plan amendment as follows: 1. The first Public Hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weckday at least 7 days aftcr the day that the fust advcrtisement is published. 2. The second Public Hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is published. (c) The local government shall provide a sign-in form at the transmittal hearing and at the adoption hearing for persons to provide their namcs and mailing addresses. The sign-in form must advise that any person providing the requested information will receive a courtesy informational statement concerning publications of the state land planning agency's notice of intent. The local government shall add to the sign-in form the name and address of any person who submits written comments concerning the proposed plan or plan amendment during the time period between d1e commencement of the transmittal hearing and the end of the adoption hearing. It is the responsibility of the person completing the form or providing written comments to accurately, completely, and legibly provide all information needed in order to receive the courtesy informational statement. 2 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM) (d) The agency shall provide a model sign-in form for providing the list to the agency which may be used by the local government to satisfy the requirements of this subsection. (e) If the proposed comprehensive plan or plan amendment changes the actual list of permitted, conditional, or prohibited uses within a future land use category or changes the actual future land use map designation of a parcel or parcels of land, the required advertisements shall be in the format prescribed by". s. 166.041 (3)(c)2.b. for a municipality. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent. The City Commission of Winter Springs shall have the sole authority to amend or supplement the comprehensive plan in accordance with the mandatory requirements of Sections 163.3184, 163.3187 and 163.3189 Florida Statutes and this article. This article is enacted to establish the procedures for processing amendments to the city's comprehensive plan and to establish a schedule whereby applications for amendments to the plan will be accepted. This article is also intended to implement the relevant requirements of Chapter 163, Part II, Florida Statutes and Chapter 9J-11, Florida Administrative Code. Said requirements shall govern in the case of any conflict between the provisions of this article and these chapters cited. Plorida Statute 163.3187 Amendment of adopted comprehensive plan. (1) Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year, except: (1) A comprehensive plan amendment to adopt. .. future land-use-map amendments for school siting may be approved notwithstanding statutory limits on the frequency of adopting plan amendments. Winter Springs Charter Section 4.15 Ordinances in General. (a)l-<oml. Every proposed ordinance shall be introduced in writing in the form required for fInal adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be "The City of Winter Springs hereby ordains. . . " (b) Prot'edure. An ordinance may be introduced by any member at any regular or special meeting of the commission. Upon introduction of any ordinance, it shall be read in its entirety; provided however the said reading may be by title only if all members of the city commission so vote. All ordinances shall be read twice, the second reading of any ordinance shall be by title only and shall follow the fust by a minimum of ten (10) days; provided however, this requirement may be waived by a unanimous vote of all five (5) members of the commission. All ordinances shall be posted in tlle city hall for thirty (30) days after tlleir fust reading. (c) Effective date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at tlle expiration of tlurty (30) days after adoption or at any date specified therein. 3 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM) I. SUMMARY OF APPLICATION A. APPLICANT: Owner: City of Winter Springs 1124 East SR 434 Winter Springs, Florida 32708 Phone: 407- 327-1800 Seminole County School Board c/o Dianne l<ramer, Deputy Superintendent of Operations 400 East Lake Mary Blvd. Sanford, Florida 32773 Phone: 407-320-0072 B. REQUEST: The City of Winter Springs is initiating a request for a Large Scale Comprehensive Plan Amendment, changing the Future Land Use designation from "Industrial" to "Public/Semi-Public" for the new Elementary School sited at Ginger Lane and Old Sanford/Oviedo Road. C. PURPOSE: To bring the future land use designation for the property into consistency with the Winter Springs Comprehensive Plan- 2001, Future Land Use Element objectives related to Public School l:.'acilities. D. SITE INFORMATION: 1. Parcel Numbers- 2. Acreage- 34-20-30-5A W-0000-0130 & 34-20-30-5A W-0000-003A 34,036 Gross Acres (More than 10 acres constitutes a Large Scale Comprehensive Plan Amendment) 3. General Location - The property is located on the northeast corner of Ginger Lane and Old Sanford/Oviedo Road. 4. Legal Description - (See Attachment 'A') The attached legal description was provided in the 100% Submittal Engineering Drawings for the New Elementary School "I" submitted to the City in January 2003. 5. Chronology of Subject Property - The property was purchased for a new school . site a number of years ago, prior to the revision of the Winter Springs Comprehensive Plan- 2001. Previous to the purchase, City Staff indicated in a letter dated, Febmary 2, 2000, to Diane I<ramer, Executive Director of Facilities Planning for the Seminole County School Board that an elementary school was a permitted use within the "Industrial" Future Land Use and "C-2" Zorling. New language in the Comprehensive Plan- 2001 now raises the question of appropriateness of school sites in areas with an Industrial future land use designation. Given the new language, current City Staff believe that it is in the best interest of Seminole County School District and the City of Winter Springs to revise the future land use d~signation, bringing it into conformity with the Objectives stated for Public School Facilities in the text of the Future Land Use Element of the \X1inter Springs Comprehensive 1 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM) Plan- 2001. Site construction is expected to start in June 2003 in order to be ready for student occupancy in August 2004. 6. Development Trends - The subject property will be under construction soon. Although this parcel has been remained vacant until now, the Metal and Auto Recyling business, immediately to the west of Ginger Lane, has been an active business since 1994. The 6-acre parcel itmnediate1y to the west at the north end of the site (which was previously an auto repair business until 2001) is now on the market. The Cross-Seminole Trail when completed will follow the eastern edge of the school site adjacent to the conservation area, connecting the school to other parts of the City. 7. Existing Land Uses of Subject Property - The property is currently Vacant with some tree cover and includes a portion of the abandoned rail line and tlle Florida Power & Light Easement; Access to the site from S.R. 419 will cross the FP&L Easement and the Atlantic Coast Line Railway right-of-way. The Cross-Seminole Trail alignment will detour from tlle abandoned rail line at the school and will be rerouted adjacent to tlle Conservation area to the east of the school. Construction of the new elementary school is expected to begin in June 2003. 8. Letters/Phone Calls In Favor Or Opposition - None as of April 10, 2003. E. ADJACENT SITE INFORMATION: - Etisting Land Uses ~oning - FLUM Subject Site North Vacant / New Elementary C-2 (WS) School Vacant A-I (SC) Industrial (WS) Agricultural (SC) South Vacant A-I (SC) Agricultural (SC) East Conservation C-2 (WS) Conservation (WS) West 6-Acre Site For Sale; Metal & Auto Recycling; & Auto Salvage Yard (\\1S) Winter Springs; (SC) Seminole County; (0) Oviedo C-2 (WS) Industrial (WS) F. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: Requested: Land Use Category' Industrial Public/Senli-Public Maximum Density /Intensity 0.5 floor area ratio 0.5 floor area ratio 2 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM) G. ZONING DESIGNATION OF SUBJECT PROPERTY: Existing: Requested: Commercial Commercial II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: A. PUBLIC FACILITIES: The subject site is already in the process of being developed as an elementary school. The City has required that the School District retain and supplement the existing vegetation along the west perimeter of the site as a buffer (along with Ginger Lane) from the adjacent industrial uses to the school. Changing the future land use designation, will not impact public facilities and services. 1. Roads/Traffic Circulation: a. Availability of Access: Direct access will be from SR 419. b. Function Classification: S.R. 419 is an urban arterial 2-lane northwest-southeast roadway. c. Improvement/ expansions (including right of way acquisition) already programmed or needed as a result of the proposed amendment. The two lane S.R. 419 from U.S. 17-92 to S.R. 434 has a level of service as "F" and is currently considered deficient. The School District is proposing a right and left turn lane off of S.R. 419. A Traffic Study is being required of the School District (per Section 9-147 of the City Code) to determine if there will be a further reduction in the Level of Service of S.R. 419 or if it will threaten tlle Level of. Service standard "C" of State Road 434. Improvements on these roads are the responsibility of the State. The land use amendment will not be in conflict with MetroPlan Transportation Plan or FDOT's 5-year Plan. 2. Sanitary Sewer, Solid Waste, Stormwater Management, Potable Water: POTABLE WATER: a. Facilities serving the site. There are none currently serving the site. However, potable water is available adjacent to the site. b. Improvements/ expansions needed as a result of proposed amendment: 3 P&Z i30ard Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLUM) The school district will tap into the 12-inch water main at George Street and Wade Street. An 8-inch water line will be extended down Wade Street to Old Sanford/ Oviedo Rd. to the school site. SANITARY SEWER: a. Facilities serving the site. None. b. Improvements/ expansions needed as a result of proposed amendment: The school district will extend a 4" force main to the school site alon Old Sanford/Oviedo Road and locate a lift station at Old Sanford/Oviedo Rd. and Ginger Lane at the edge of the school property, The City will require an easement for the lift station and the water main up to the meter. RE- USE WATER SYSTEM: a. Facilities serving the site. None. b. Improvements/ expansions needed as a result of proposed amendment: Not required. DRAINAGE/STORMW ATER: a. Facilities serving the site. None. No structural drainage system: b. Improvements/ expansions needed as a result of proposed amendment: When the property is developed, it must meet Sec. 9-241 bf the City Code and SJRWMD and other applicable requirements. Post development runoff cannot exceed pre-development runoff. A stormwater pond will be located to the north of the school to handle the stormwater. 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: A dumpster enclosure will be required which meets Ordinance No. 2002-13. 3. Recreation & Open Space: a. Facilities serving the site. None currently; however the Cross-Seminole Trail alignment will border the site to the east, adjacent to the conservation area. b. Improvements/ expansions needed as a result of proposed amendment: The school area will be separated from the trail with a 6' high black vinyl coated fence. A 60' x 85' covered play area will be located to the rear of tlle school. 4. Fire: a. Facilities serving the site. 4 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLU M) No need currently for flte service for the vacant lot. b. Improvements / expansions needed as a result of proposed amendment: None. The response time would be 4-5 minutes from Fire Station #26. 5. Police: a. Facilities serving the site. No need currently for police service for the vacant lot. b. Improvements/ expansions needed as a result of proposed amendment: None. The response time would be 4-5 minutes from the police station at 300 N. Moss Rd. B. 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 Public/Semi-Public 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 beyond the current construction plans are being proposed on the property and the current plans have been reviewed by the City's Development Review Committee. . The City is requiring that the school district maintain tlle native tree buffer along Ginger Lane and supplement it with additional native vegetation where needed to create a dense vegetated buffer. . Ginger Lane itself will also be a buffer between uses. . The adjacent properties to the east are owned by the school district and are a conservation area. C. NATURAL LANDS COMPATIBILITY: Conservation lands adjacent to Gee Creek, owned by the Seminole County School Board to the east of the property will not be impacted. Wetlands will include a 25' wetland buffer for protection. 1. SOILS The Soil Survey of Seminole County, Florida published by the Soil Conservation Service of the U.S. Department of Agriculture note: While 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 5 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLLlM) use but also as a measure of the kind and magnitude of problems that must be overcome for specific uses. The soils on this property are generally Urban Land - Astatula Apopka: Nearly level to strongly sloping areas of Urban land, excessively drained soils that are sandy throughout, and well-drained sandy soils that have a loamy subsoil at a depth of about 40-inches or more; on the uplands. 2. TOPOGRAPHY. The subject property and surrounding area are relatively flat with some dropoff (1.5% to 3%) to the northeast and east as you approach Gee Creek. 3. FLOOD PRONE AREAS The eastern side of the site along Gee Creek is within the 100-year floodplain as indicated on the drawings. The school building (Finish Floor Elevation of 28.0) and parking are located above the 100-year floodplain (Elevation 15.7) and perimeter fencing separates the school site from the floodplain, trail and conservation area. 4. NATURAL RESOURCES If any federally endangered plants or wedands are known to exist in the area, a survey of such species is required prior to final development approval. If any such species are found on-site, it will be the responsibility of the developer to obtain permits from dle appropriate reviewing agencies prior to fmal development approval by the City. 5. HISTORIC RESOURCES This site has no archaeological significance noted, although this does not guarantee that there are no archaeological artifacts on site. It was recommended to the School District in February 2000 that an archaelogical study be conducted to verify. 6. WILDLIFE A wildlife survey is required for those species designated as endangered, threatened or species of special concern prior to fmal development approval for this property per 39-27.003.005 F.A.C. D. CONSISTENCY WITH THE COMPREHENSIVE PLAN: Florida Statute 163.3177 (6) (a) states. .. "The future land use element must clearly identify dle 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: 6 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLLlM) IndttJtrial- The industrial land use category includes both light and heavy industrial uses. Industrial uses are typically connected with manufacturing, assembly, processing or storage of products. P1lblic/SemzPttblic- ...Education facilities are included within tllls category, such as public or private schools (primary or secondary), vocational and technical schools, and colleges and U111versltles. The proposed administrative Large Scale Comprehensive Plan Amendment changing tlle Winter Springs land use designation of "Industrial" to Winter Springs designation of "Public/Semi-Public" is compatible and consistent with the use of the site for an elementary school. The FLUM change will also bring the land use into consistency with the goals, objectives and policies of tlle Future Land Use Element. The Future Land Use Element Objectives related to the siting of school facilities are listed below: "Pubh'c Schools. The City shall implement standards for the siting of public schools to increase the quality of life and local educational opportunities for its citizens. Policy 1.1.1: Policy 1.1.2: Policy 1.1.3: Policy 1.1.4: Policy 1.1.5: Policy 1.1.6: Public schools shall be allowed in all future land use designations except Conservation/ Conservation Overlay and possibly industrial areas. By 2002, Public Schools shall be listed in the Zoning Chapter as uses allowed in all zoning districts with the exception of tlle Conservation, Mobile Home Park and Heavy Industrial zarung districts. New school sites must not be adjacent to any noxious industrial uses or other property from which noise, vibration, odors, dust, toxic materials, traffic conditions or other disturbances that would have a negative impact. New schools should nU111mize detrimental impacts on residential neighborhoods, hospitals, nursing homes and similar uses through proper site location, configuration, design layout, access, parking, traffic controls and buffers. The size of new school facilities and land areas should satisfy the minimum standards established by the Seminole County School Board, whenever possible. Schools shall be located in close proximity to eXlStlng or anticipated concentrations of residential development with the exception for high schools and specialized schools which are suitable for other locations due to tlleir special characteristics. New school sites should be well drained and education buildings should be located away from floodplains, wetlands, and other environmentally sensitive lands. Education facilities should not have an adverse impact on historic or archaeological resources. 7 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLLlM) Policy 1.1.7: Policy 1.1.8: Policy 1.1.9: Policy 1.1.10: Policy 1.1.11: Public utilities, as well as police and fIre protection, should be available concurrently with the construction of new school sites. New school sites should have frontage on or direct access to a collector or arterial road and should have suitable ingress and egress for pedestrians, bicycles, cars, buses, service vehicles, and emergency vehicles. To the extent possible, during pre-development program planning and school site selection activities, tl1e City shall coordinate with the Seminole County School Board to collocate public facilities, such as parks, libraries, and COnu11Unity centers~ witl1 schools. Portions of new schools should be constructed to serve adequately as emergency shelters in case of natural disasters. Schools will developed consistent witl1 the City's Comprehensive Plan and Code of Ordinances and any mutual agreement between the City and the Seminole County School Board." III. FINDINGS A. The request is consistent with the applicable goals, objectives and policies of the Winter Springs Comprehensive Plan- 2001. B. 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 has been working to ensure the prevention of any potential nuisances C. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. D. Considering the type and location of uses involved and the general character of the area, the request diminishes incompatible land uses, including such factors as height, bulk, scale, intensity, traffIc, noise, drainage, dust, lighting, appearance, and otl1er factors deemed important. IV. STAFF RECOMMENDATION Based on the Staff Report and the Findings, staff recommends tl1e Planning & Zoning Board make the following recommendation to the City Commission: That the City Commission approve the proposed land use amendment on the subject property at Ginger Lane and Old Sanford/Oviedo Road, from City of Winter Springs "Industrial" land use category to City of Winter Springs "Public/Semi-Public" land use category. ATTACHMENTS: A. Location map of subject parcel 8 P&Z Board Meeting - April 23, 2003 Elementary School Site Large Scale Comprehensive Plan Amendment (FLLIM) B. Legal description of the property C. Site Plan for the Property provided by the Seminole County School Board. PLANNING & ZONING BOARD ACTION: 9