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HomeMy WebLinkAbout2013 02 25 Public Hearing 502 Ordinance 2013-04, First Reading of RaceTrac Small-Scale Future Land Use Map Amendment COMMISSION AGENDA     Informational Consent ITEM502 Public Hearings X Regular       February 25, 2013KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department – Planning Division requests the City Commission hold a Public Hearing to consider Ordinance 2013-04, a Small-Scale Future Land Use Map Amendment which proposes to change the Future Land Use Map designation on three parcels from Seminole County MXD “Mixed Development” to City of Winter Springs “Commercial” for approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17-92 and State Road 419.   SYNOPSIS: The City of Winter Springs Community Development Department has received an application for a Small-Scale Future Land Use Map Amendment, which if approved, would change the Future Land Use Map designation for three parcels totaling 1.66 acres in size generally located on the southwest corner of the intersection of U.S. 17-92 and State Road 419 from Seminole County MXD “Mixed Development” to City of Winter Springs “Commercial”. The applicant has indicated the parcels will be utilized in the development of a RaceTrac gas station that is proposed to be developed on a portion of the three subject parcels and partially on the abandoned Hess gas station that is located adjacent to the subject parcels.   CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION   Applicant name and address and authorized representative: Thomas Sullivan,  Lowndes Law Firm, 215 North Eola Drive, Orlando, FL 32801.   Public Hearings 502 PAGE 1 OF 8 - February 25, 2013 Property owner’s name(s): RaceTrac Petroleum, Inc., JJJJ Williams 4 LLC, Michael  and Adriana Abdin.   Property addresses: 3237 North U.S. 17-92, 1730 State Road 419, 1810 State Road  419   Property Parcel ID numbers: 22-20-30-300-0270-0000, 22-20-30-300-0300-0000, 22-  20-30-300-0310-0000   Current FLUM Designation: Seminole County MXD “Mixed Development”    Current Zoning Designation: Seminole County C-2 (Retail Commercial District)    Previously Approved Development permits such as conditional use, waiver, or  variance (if any): No known approved development permits on subject properties   Development Agreements (if any): No known Development Agreements on subject  properties   Pending Code Enforcement Actions (if any): No known Code Enforcement actions    City Liens (if any): No City liens. Properties are currently in unincorporated  Seminole County   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 adopted comprehensive plan; Florida Statute 166.041 Procedures for adoption of ordinances and resolutions; Winter Springs Charter Section 4.15 Ordinances in General;   Winter Springs Article III. Comprehensive Plan Amendments; Section 15-30.  Authority, purpose and intent; Section 15-35.  Review Procedure; 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 Public Hearings 502 PAGE 2 OF 8 - February 25, 2013 shall consider the application(s) at a Public Hearing, along with the staff’s recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Economic Opportunity. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission.   Site Information – The three parcels totaling 1.66 acres currently have a future land use designation of Seminole County MXD “Mixed Development”. The applicant has petitioned the City to change the future land use designation of the parcels to City of Winter Springs “Commercial” to utilize them in the development of a RaceTrac gas station that is proposed to be developed on a portion of the three subject parcels and partially on the abandoned Hess gas station that is located adjacent to the subject parcels. The proposed rezoning complies with specific gas station location criteria noted within Section 20-418. Specifically, the site exceeds the minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot zoned residential or any lot on which a school or playground is proposed or exists.   Existing Land Uses –The properties are currently the site of a vacant commercial parcel, a former auto repair facility, and a vacant residential home that was constructed in 1949. The surrounding area is comprised of commercial uses in both Seminole County and the City of Winter Springs. Adjacent existing land uses, zoning and future land use designations include the following: Existing Land UsesZoningFuture Land Use   Subject Vacant commercial, Seminole Seminole County Properties former auto repair facility, County C-2 MXD “Mixed single-family home (Retail Development” Commercial  District) NorthAbandoned Hess gas City of Winter City of Winter station Springs C-2 Springs “Commercial” (General Commercial) SouthBoat sales and service Seminole Seminole County facility County C-2 MXD “Mixed (Retail Development” Commercial  District) EastS.R. 419 right-of-wayNoneNone WestU.S. 17-92 right-of-wayNoneNone     Development Trends – The subject parcels along with the adjacent parcels consist primarily of commercial uses. The parcels are adjacent to the intersection of SR 419 and U.S. 17-92, which is a major commercial node. Public Hearings 502 PAGE 3 OF 8 - February 25, 2013   This is an area that is conducive to commercial development.   Proposed Future Land Use Classification – The proposed change in the future land use to City of Winter Springs “Commercial” will permit the development of a gas station on the subject parcels in conjunction with the parcel to the north, which is the site of an abandoned Hess gas station. The current designation of Seminole County MXD “Mixed Development” permits both residential and commercial development on the parcels. Per the City’s Comprehensive Plan, the “Commercial” future land use designation permits the type of development that is proposed and permits a floor area ratio on the property of 0.5. Based on a conceptual plan that the applicant presented to staff as a point of discussion, the parcels will be utilized in the as gas pumps, parking areas, and as the market that is associated with the proposed gas station. According to the application received by the City, no environmental impacts are anticipated. If during the design phase any such impacts are unavoidable, the applicant will be required to mitigate said impacts in accordance with all applicable laws. Development of these parcels in conjunction with the abandoned Hess station located adjacent to the parcels appears to be the highest and best use of the property and is encouraging infill development. The proposed rezoning complies with specific gas station location criteria noted within Section 20-418.  Specifically, the site exceeds the minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot zoned residential or any lot on which a school or playground is proposed or exists.   Letters/Phone Calls In Favor Or Opposition – To date, the City has not received any letters or phone calls in favor of or in opposition to this proposal.      COMPREHENSIVE PLAN AMENDMENT ANALYSIS The following summarizes the data and issues which staff analyzed in reviewing this application:   Justification for Future Land Use Designation - The requested future land use map designation is City of Winter Springs “Commercial”. The applicant has applied for the future land use amendment in order to develop a RaceTrac gas station on the three subject parcels and on the abandoned Hess gas station that is located adjacent to the subject parcels. These parcels will be developed as one (1) site.  The proposed use and density is compatible with the surrounding area, as it generally characterized by commercial development patterns.     Public Facilities: ROADS/TRAFFIC CIRCULATION: The parcels have frontage on both U.S. 17-92 and S.R. 419.   Availability of Access: A conceptual plan presented by the applicant as a point of discussion proposes access points along both U.S. 17-92 and S.R. 419 as the parcels have frontage along both roadways.   Function Classification: U.S. 17-92 is a federal north-south principal arterial located along the western boundary of Public Hearings 502 PAGE 4 OF 8 - February 25, 2013 the City. Within this portion of the City of Winter Springs, U.S. 17-92 is a four-lane roadway. According to the City’s Comprehensive Plan, the level of service (LOS) on this portion of U.S. 17-92 is ‘F’/C. This portion of U.S. 17-92 is proposed for widening, but the subject parcels and the adjacent parcel to the north are not proposed to be affected by any right-of-way takings.   S.R. 419 is a state minor arterial that runs from S.R. 434 in Winter Springs to U.S. 17-92 near Lake Mary. Within the City, it is a two-lane undivided facility. According to the City’s Comprehensive Plan, the level of service (LOS) on this portion of S.R. 419 is ‘D’.   The proposed amendment is not anticipated to affect the adopted LOS standards on the adjacent roadways. A detailed transportation impact analysis will be required to be submitted and approved by the City during review of the Final Engineering Plans.   POTABLE WATER: Seminole County water lines are available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend water lines to the subject property.   WASTEWATER: Seminole County sewer service is available in the general vicinity of the subject property. At the time of development, the applicant will be required to extend sewer service to the subject property.   RECLAIMED WATER: No reclaimed water facilities currently serve the subject parcels.   ELECTRIC SERVICE:  The City of Winter Springs is serviced by Progress Energy for electric service. Progress Energy will provide service to this area, with no interruption of existing service. A future land use change will not impact current electric rates.   SOLID WASTE:  The City of Winter Springs currently has a franchise agreement and is serviced by Waste Pro of Florida, Inc., a private solid waste contractor who will provide service to this area.   STORMWATER MANAGEMENT:  Facilities serving the parcels: None currently. Upon development, the site will be required to provide on-site stormwater management in accordance with all applicable St. John’s River Water Management District (SJRWMD) criteria.   POLICE: The City of Winter Springs is responsible for police protection. The station closest in proximity to the subject property is located at 300 N. Moss Road.  Response times are averaged monthly.             Public Hearings 502 PAGE 5 OF 8 - February 25, 2013   FIRE:             Seminole County is responsible for fire protection. Station 35, located at 201 West County Home Road, Sanford, Florida is the closest fire station. The response time is approximately two minutes. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES : The change in designation from Seminole County MXD “Mixed Development” to City of Winter Springs “Commercial” will not result in any nuisance potential for the surrounding properties because proposed uses are compatible with the “Commercial” future land use designation, and the subject property is surrounded primarily by commercial development.   NATURAL RESOURCES COMPATIBILITY: According to the Seminole County Property Appraiser’s data, there are no wetlands on the subject parcels, or within the vicinity of the subject parcels. An environmental assessment will be required to be submitted and approved by the City during review of the Final Engineering Plans.   SOILS: According to the Seminole County Property Appraiser’s data, the parcels consist of Basinger, Samsula and Hontoon Soils – Depressional. Basinger, Samsula and Hontoon Soils - Depressional are nearly level, very poorly drained such as those that are found in swamps and depressions. The subject parcels and the adjacent parcels are currently developed.   FLOOD PRONE AREAS: According to the Seminole County Property Appraiser’s records, the property is within flood zone “X”. Based on this data, no areas of the property appear to be flood prone.   HISTORIC RESOURCES: No known historical resources are located on the subject property or within the vicinity of the subject property.   WILDLIFE: There is no evidence of wildlife currently occupying the subject parcels. An environmental assessment will be required to be submitted and approved by the City during the review of the Final Engineering Plans.   CONSISTENCY WITH THE COMPREHENSIVE PLAN Future Land Use Element Per the Comprehensive Plan, the “Commercial” future land use category permits a maximum floor area ratio of 0.5.  The type of development proposed is allowed in the Commercial future land use category. The proposed rezoning complies with specific gas station location criteria noted within Section 20-418.  Specifically, the site exceeds the minimum air line distance of three hundred fifty (350) feet, measured in a straight line from the nearest points of lot boundaries, between a proposed gasoline station and any existing gasoline station or between a proposed gasoline station and any lot zoned residential or any lot on which a school or playground is proposed or exists. The surrounding area is generally Public Hearings 502 PAGE 6 OF 8 - February 25, 2013 characterized by commercial uses, therefore, the proposed future land use amendment is consistent with the Comprehensive Plan.   The proposed future land use amendment is consistent with the following objectives and policies from the Future Land Use Element of the Comprehensive Plan:     1. Policy 1.3.4 - requires the City to support proposed future land use map amendments with data and analysis demonstrating that adequate water supplies and associated public facilities will be available to meet the projected growth demands.   2. Policy 1.4.2 – requires the City to encourage the efficient use of land with compatible infill and higher density and intensity development within the U.S. 17-92 CRA corridor.   3. Policy 1.6.4 - Encourages land uses that generate high traffic counts to locate adjacent to arterial roads and mass transit systems.    4. Policy 1.7.1 - requires the City to consider existing and proposed land uses in adjacent jurisdictions when reviewing proposed land use amendments.    FINDINGS 1.The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2.The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. 3.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. 4.The request is consistent with Florida Statute Chapter 163, Part II, of the Florida Statutes. FISCAL IMPACT: The proposed Small-Scale future land use amendment, which re-designates the property from Seminole County MXD “Mixed Development” to City of Winter Springs “Commercial”, will provide additional taxable value to the City. A detailed fiscal analysis will be presented to the Commission as part of their consideration of the final engineering.  The subject parcels are conducive to commercial development as surrounding properties consist of commercial uses. The proposed use is consistent with the City’s determination of the highest and best use of the subject property and represents a redevelopment of the property in conjunction with the Hess property that is already within the corporate boundaries of the City of Winter Springs. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, Public Hearings 502 PAGE 7 OF 8 - February 25, 2013 City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   Adjacent property owners have been notified by US mail.  Pursuant to Florida Statutes 171.044 (6), the Seminole County Board of County Commissioners was sent via Certified Mail the notice of annexation for the subject parcels on January 25, 2013.  In addition, a yellow sign noting the date and time of the public hearing has been erected on the property. This item was advertised in the Orlando Sentinel on January 24, 2013. RECOMMENDATION: , Staff recommends that the City Commission approve first reading of Ordinance 2013-04a Small-Scale Future Land Use Map Amendment to change the Future Land Use Map designation from Seminole County MXD “Mixed Development” to City of Winter Springs “Commercial” for three parcels consisting of approximately 1.66 acres, generally located on the southwest corner of the intersection of U.S. 17-92 and State Road 419 and move said Ordinance forward to second reading. ATTACHMENTS: A. Ordinance 2013-04 B. Minutes, February 6, 2013 Planning & Zoning Board/Local Planning Agency meeting C. Advertisement, Orlando Sentinel – January 24, 2013 Public Hearings 502 PAGE 8 OF 8 - February 25, 2013 Attachment "A" ORDINANCE NO. 2013-04 AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTERSPRINGS DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 1.66 GROSS ACRES, MORE OR LESS, AND GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. 17-92 AND STATE ROAD 419 AT 3237 NORTH U.S. 17-92, 1730 STATE ROAD 419, AND 1810 STATE ROAD 419, SAID PARCELS BEING MORE PARTICULARLY DEPICTED AND DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FROM SEMINOLE COUNTY “MIXED DEVELOPMENT (MXD)” TO CITY OF WINTER SPRINGS “COMMERCIAL”; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTOTHE COMPREHENSIVE PLAN; SEVERABILITY, AND AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT. the future land use map amendment embodied in this Ordinance is a small scale WHEREAS, amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1), Florida Statutes; and , the Local Planning Agency of the City of Winter Springs held a duly noticed WHEREAS public hearing on February 6, 2013 in accordance with the procedures established in Chapter 163, Part II, Florida Statuteson the proposed comprehensive plan amendment; and , the City Commission of the City of Winter Springs held a duly noticed public WHEREAS, hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, herebyapproves and adopts the Comprehensive Plan Amendment set forth hereunder; and the City Commission of the City of Winter Springs hereby finds that this WHEREAS, Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2013-04 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: The foregoing recitals are true andcorrect and are fully incorporated Section 1.Recitals. herein by this reference. This Ordinance is adopted in compliance with, and pursuant to, Section 2.Authority. the Community Planning Act, formerlyknown as the Local Government Comprehensive Planning and Land Development Regulations Act. It is hereby declared to be the purpose and intent of this Section 3.Purpose and Intent. Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. The Cityof Winter Section 4.Adoption of Amendment to the Future Land Use Map. Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designatingthe real property legally described and depicted on from Seminole County“Mixed Exhibit “A” Development (MXD)” to City of Winter Springs “Commercial.” Exhibit “A” is attached hereto and fully incorporated herein by this reference. All prior Section 5.Repeal of Prior Inconsistent Ordinances and Resolutions. inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. If any section, subsection, sentence, clause, phrase, word or Section 6.Severability. provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whetherfor substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independentprovision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Upon the effective date of the Section 8.Incorporation into Comprehensive Plan. ComprehensivePlan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. The effective Section 9.Effective Date and Legal Status of the Plan Amendment. dateof this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, in which case this Ordinance shall become effective at such time as the state land planning agency or the Administrative Commission issues a final order determining that the adopted small scale development amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has City of Winter Springs Ordinance No. 2013-04 Page 2 of 3 becomeeffective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the Cityof Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. by the City Commission of the City of Winter Springs, Florida, in a regular ADOPTED meeting assembled on the ____ day of ___________, 2013. ____________________________________ , Charles LaceyMayor ATTEST: _______________________________ , Andrea Lorenzo-LuacesCity Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ______________________________________ Anthony A. Garganese, City Attorney City of Winter Springs Ordinance No. 2013-04 Page 3 of 3 Exhibit “A” Legal Description: Attachment "B" Attachment "C"