2025 Comprehensive Plan

Transcription

1 CITY OF OVIEDO, FLORIDA 2025 Comprehensive Plan Future Land Use Map Amendment CPA Ordinance No Supporting Data & Analysis LPA Public Hearing November 28, 2017 City Council Transmittal Public Reading December 4, 2017 City Council Adoption Public Hearing February 5, 2018

2 File Number: CPA Ordinance No: 1661 Application Type: Future Land Use (FLU) Map Amendment (CPA - Large Scale) Owner: Applicant: Consultant: Oviedo Point Investors, LLC 630 S. Maitland Avenue, Suite 100 Maitland, FL Ryan Stahl Oviedo Point Investors, LLC 630 S. Maitland Avenue, Suite 100 Maitland, FL N/A Requested Change: From: County Industrial (IND) To: City Commercial (CM) I. PROPERTY LOCATION A. Property Size and General Location: The subject property consists of ten (10) lots and tracts within Oviedo Point Properties, totaling approximately acres. The subject property is located on the south side of Mitchell Hammock Road, east of State Road 426. B. Seminole County Property Appraiser Parcel ID Numbers: (Tract 1) (Tract 2) (Tract 3) (Tract 4) (Tract 5) (Lot 1) (Lot 2) (Lot 3) - Vacant (Lot 4) - Vacant (Lot 5) - Vacant II. PURPOSE AND INTENT The subject property was recently annexed by the City of Oviedo from Seminole County by Ordinance No on August 7, The purpose of the proposed Comprehensive Plan Future Land Use Map Amendment is to designate a City future land use (FLU) designation on the property pursuant to the terms of the pre-annexation agreement and Section (3), Florida Statutes. Approval of a City FLU designation on the property will also

3 allow development applications and permits to be applied for by the applicant/property owner. The applicant has submitted an accompanying Zoning Map Amendment to convert the property from County Industrial M-1 zoning district to City Commercial (C-2) zoning district (Ordinance No. 1662). The maximum utilization allowed under the existing County Industrial FLU designation is 0.65 FAR and the maximum development potential allowed under the proposed City Commercial designation is 0.5 FAR. Because the County Industrial designation allows high intensity commercial (C-3) zoning, staff s analysis is based on evaluating the most intense use in the County s C-3 with the most intense use in the City s C-2 based on the net buildable acreage. Of the acres, approximately 7.46 acres are buildable area; therefore, the analysis of the map change will be based on the net buildable 7.46 acres. A summary of the existing and proposed change in future land designation and maximum square footage are shown in Table 1 below. Table 1: Summary of Proposed FLUM Change Future Land Use Property Size Parcel Size Max Max Possible Designation (net developable (square feet) Intensity Intensity acres) Allowed (square feet) Existing County Industrial ,958 SF.65 FAR 211,222 SF Proposed City Commercial ,958 SF.50 FAR 162,479 SF Net Change in Maximum Development Intensity -.15 FAR - 48,743 SF III. PROPERTY PROFILE A. Existing Use: The property consists of ten (10) parcels. Of the 10 parcels, Tracts 1, 2 and 3, which are small tracts, are developed with signage for the commercial/retail buildings, and Tracts 4 and 5 are used as conservation and storm water pond areas. Lots 1 and 2 are developed with commercial/retail buildings and a restaurant building with drive-thru. The remaining lots (Lots 3, 4 and 5) are vacant and developable. B. Current Future Land Use: County Industrial (IND) C. Proposed Future Land Use: City Commercial (CM) D. Existing Zoning: M-1 (Industrial) E. Proposed Zoning: C-2 (Commercial) IV. COMPREHENSIVE PLAN POLICY ANALYSIS A. Consistency with the Goals, Objectives, and Policies of the Comprehensive Plan

4 and the Future Land Use Map Series

5 1. Supporting Goals, Objectives, and Policies: The City of Oviedo Comprehensive Plan was evaluated in order to ensure the compatibility of this requested change of future land use map designation with the City s Plan. Designation of the subject property as Commercial is consistent with the City s Land Use and Economic Development Strategies Policy ( ). The goal of the policy is to expand commercial development at appropriate locations in accordance with economic developments strategies and initiatives. The amendment is also consistent with Policy , which states that the City shall encourage more office, commercial and light industrial development, as well as Policies B and C, which place emphasis on development of commercial and other non-residential uses along the City s Development Corridors to promote walkability and use of alternative transportation modes. Per Policy , the proposed land use designation requested as well as the applicant s intended use of the property, is nearly identical to and compatible with pre-existing adjacent land uses. 2. Conflicting Goals, Objectives, and Policies: None of the applicable goals, objectives, and/or policies from the City of Oviedo Comprehensive Plan is in conflict with the proposed Future Land Use (FLU) Map Amendment. B. Impact on Established and Projected Levels of Service Impacts of the proposed FLU Map Amendment were analyzed based on the maximum allowable intensity of the current County Industrial (IND) (.65 FAR or 211,222 SF) FLU designation compared to the maximum intensity of the proposed City Commercial (CM) (.50 FAR or 162,479 SF) FLU designation. Note, although the entire subject site consists of acres, analysis of the site shall be based on the 7.46 acres of developable acreage. Additionally, although the site is zoned Industrial (M-1) in the County, the County s Industrial (IND) designation also allows a C-3 zoning district, the most intense use, which allows shopping centers. Therefore, staff analysis will be based on the evaluation of a comparison of the County s maximum 0.65 FAR for Commercial (C-3) and the City s maximum 0.50 FAR for Commercial (C-2). 1. Recreation: There are no anticipated recreation and parks impacts as the designation does not permit residential uses, except as a mixed use development, and the applicant has provided a letter stating that residential development will not occur on the subject property. 2. Solid Waste: Based on the Seminole County and City of Oviedo Solid Waste Management Agreement (approved on October 20, 2008), the City provides for collection and disposal of solid waste from the residents and businesses located within the City. Seminole County provides for construction, operation, repair and maintenance of countywide solid waste disposal facilities.

6 The City s solid waste levels of service standards are consistent with those adopted by Seminole County to maintain the projected capacities of the County facilities. Solid waste impact is based on 4.2 pounds per capita per day for the Osceola Road Landfill and 4.4 pounds per capita per day for the Transfer Station Site. Table 2 shows that the solid waste demand will have a net decrease of 819 pounds per day at the Osceola Landfill and a net decrease of 858 pounds per day at the Transfer Station Site. The current LOS for Solid Waste collection in the City is 2.61 PCD; therefore, the City has available capacity to provide solid waste collection services for the proposed land use. Seminole County Solid Waste has confirmed that Seminole County s solid waste facilities have sufficient capacity. The County owns and operates the Central Transfer Station and the Osceola Road Landfill. Each has sufficient, permitted capacity to accept and manage solid waste generated by the proposed comprehensive plan amendment and associated development. Based on an August 2017 engineering report, the landfill has about 37.5 years of permitted landfill airspace remaining, even considering growth such as that represented by proposed map amendment. Moreover, the transfer station, as permitted, can accept and manage approximately 2,500 tons per day, which is nearly double the average waste flow currently received. 3. Potable Water and Sewer: The subject property is located within the City of Oviedo s service area for potable water and sanitary sewer. Per Resolution No , the analysis for potable water and sanitary sewer impact is based on the City's level of service (LOS) standard of 12 gallons per day (GPD) for potable water for commercial/retail and 10 gallons per day (GPD) for sanitary sewer for commercial/retail. As illustrated by Table 2, there will be a total net decrease of 5,850 GPD of potable water needed and a net decrease of 4,874 GPD of sanitary sewer needed. The applicant has provided approximate calculations of estimated demand for potable water and sanitary sewer based on the maximum proposed development. The City has provided a letter stating that there is sufficient potable water and sanitary sewer capacity to serve the intended intensity of the proposed development on the three (3) vacant parcels. Water/sewer needs for any redevelopment of the existing developed sites will occur at time of redevelopment. 4. Drainage: Drainage impact is determined on a site by site basis, and development shall comply with the City s drainage level of standards prior to the issuance of a site development order. Table 2 Oviedo Level of Service (LOS) Maximum Gross Floor Area (SF) Public Facilities Supporting Data Summary Impacted Public Facilities Solid Waste (lbs/capita/day) 1 Potable Water 2 (GPCD) Landfill = 4.2 Transf. St.= 4.4 Disposal-Seminole County Collection-City of Oviedo Commercial = 12 GPD per 100 SF Sanitary Sewer 2 (GPD) Commercial= 10 GPD per 100 SF Drainage Drainage is determined on a site by site

7 Standard 7.46 acres CO IND (Max..65 FAR) 7.46 acres City CM (Max..50 FAR) Maximum Density/Intensity of Existing FLU County Industrial (IND) 211,222 SF 3,549 pounds/day 3,718 pounds/day 25,347 GPD 21,122 GPD Maximum Density/Intensity of Proposed City Commercial (CM) 2,730 pounds/day 162,479 SF 2,860 pounds/day 19,497 GPD 16,248 GPD basis. Prior to the issuance of a development order or permit, a development must comply with the City's LOS standard. Net - 48,743 SF pounds/day pounds/day - 5,850 GPD - 4,874 GPD Notes: (1) Seminole County has provided evidence and documentation confirming the county's availability of solid waste facilities. The calculus was based on 3.27 persons/ DU for residential use and 1 employee/250 sq. ft. of commercial space. (2) LOS based on adopted Resolution Available capacity in water/sewer must be available prior to the City authorizing a development order or permit 5. Transportation: In order to determine if there is sufficient roadway capacity to serve the proposed change in future land use designation, the maximum intensity of the existing future land use designation, County Industrial (IND) is compared to the maximum intensity of the proposed future land use designation, City Commercial (CM) using trip generation rates provided by the Institute of Transportation Engineers (ITE) Trip Generation Rates, 9 th Edition. The City s Transportation Consultant indicated that, based on an evaluation of the allowable FAR, there would be a reduction in the maximum intensity but a net increase in the average annual daily trips (AADT). The Transportation Consultant also indicated that there is sufficient capacity in the network to absorb the increase in new development trips. That analysis notwithstanding, because the County Industrial future land use designation permits commercial (C-3) uses at up to 0.65 FAR, a revised traffic assessment was conducted based on the most intense commercial use permitted retail shopping center. Under the maximum development scenario for the current future land use designation (.65 FAR), a maximum of 211,222 square feet of retail shopping center could be developed, generating an estimated 11,041 daily trips. Under the maximum development scenario for the proposed future land use designation (.50 FAR), a maximum of 162,479 square feet of retail shopping center could be developed, generating an estimated 9,310 daily trips. In this evaluation, there would be an estimated net decrease of 1,731 daily trips (as shown in Table 3) and corresponding net decrease in the PM peak hour trips. Land Use ITE Code Table 3 Trip Generation Size Rate Daily Trips

8 Existing Co. Industrial Future Land Use Designation Shopping Center KSF ,041 Total 11,041 Proposed City Commercial Future Land Use Designation Shopping Center KSF ,310 Total 9,310 Net (decrease) -1,731 It should be noted that, pursuant to the stipulations of Section 7 of the Pre- Annexation Agreement, the applicant has constructed the following improvements along Mitchell Hammock Road: Westbound Left Turn Lane, Westbound Left Turn Lane from the Property, and Two eastbound Right Turn Lanes onto the Property. Section 7 of the Pre-Annexation Agreement also required the applicant to prepare a traffic study to assess development impacts and that such study shall include a traffic signal warrant analysis associated with the full access point. The applicant has provided an updated Traffic Impact Analysis (TIA), which assessed traffic conditions and showed a net reduction in the potential traffic impacts. The City s Transportation Consultant has reviewed the applicant s trip generation data and has concluded that there should be adequate capacity on the transportation network by the year 2025, consistent with the planning horizon of the City s Comprehensive Plan. Additionally, per the Pre-Annexation Agreement, the TIA included a signal access analysis, which determined that the introduction of a new signalized intersection at the full access driveway on Mitchell Hammock Road within less than the 0.25 mile spacing recommended by the Institute of Transportation Engineers could further degrade or exacerbate saturated operations at the existing SR 426/Mitchell Hammock intersection signal. The City s Transportation Consultant concurs with this finding. City staff also evaluated the crash history along Mitchell Hammock Road from SR 426 to SR 434 and determined that an extension of the raised traffic separator at the subject property s westernmost limited access (right-in/right-out) driveway would improve operational safety and reduce the potential for vehicular conflicts. The Public Works Director concurs with this finding and recommendation and has authorized the applicant to install Qwick Kurb barriers approximately 10 to 15 feet beyond the eastern edge of the limited access driveway. The applicant has been made aware of this and has agreed to provide the mitigation. C. Compatibility with Existing and Proposed Land Uses The subject property is surrounded by Commercial, Medium Density Residential and Seminole County Low Density Residential FLU designations and is compatible with adjacent commercial land uses as well as adjacent FLU Map designations and zoning districts as shown in Table 4.

9 Table 4: Adjacent Land Uses Direction FLUM Designations Zoning Districts Existing Land Use North: South: Mostly CM/Some Agriculture MDR C-1/A PUD (Commercial/Retail/ Residential) Undeveloped (Pending Flagler Development) Single Family Residential East: County LDR A-1 Agriculture West: CM County C-3/City C-2 Gas Station/Service Station Source: City of Oviedo Planning & Development Division, 2017 Compatibility of the land use change is based on an evaluation of the scale of the lots, intensity and traffic generating characteristics. Generally, the subject property is surrounded by primarily non-residential development and is within a Development Corridor, which is intended to promote or emphasize non-residential development per Policies , and The proposed CM designation is compatible with the adjacent FLU designations, zoning districts and existing uses. Commercial uses are adjacent on the west and northwest sides of the subject property. The residential uses on the south side of the property is separated from the proposed CM by a canal and conservation area. D. Current Supply of Vacant Land Already Designated for the Proposed Land Uses There is currently a limited supply of vacant land with a CM Future Land Use designation in the City. The proposed amendment is consistent with the City s goals and policies to encourage more office, commercial and light industrial development. The expansion of commercial development aligns with the objective and policy to adhere to the City s economic development strategies and initiatives. E. Funding Commitments for Required Improvements The proposed FLU Map amendment is not likely to result in adverse impacts to the City s existing and planned public facilities, including transportation, recreation and parks, water, sewer and solid waste collection services. Thus, no additional capital improvements beyond what has already been provided on West Mitchell Hammock Road will be needed as a result of the proposed FLU Map amendment. Therefore, no funding commitments for capital improvement projects are required of the applicant at this time. F. Impact on Natural Resources According to the City s Environmental Consultant s Environmental Assessment Report (September 21, 2017): 1) Wetlands: Issuance of SJRWMD Permit Number demonstrates that wetlands have been identified and impacts will be mitigated according to that agency's regulations. According to the Technical Staff Report (TSR) prepared by the SJRWMD, wetland impacts will occur to 4.81 acres of wetland and other surface

10 waters. Of these proposed impacts, 3.18 acres are considered to be adverse and will be mitigated for. The remaining 1.63 acres of impacts will be enhanced as part of the mitigation plan. In addition to the 1.63 acres of enhancement, 5.0 acres of wetland will be created on site. Monitoring and maintenance of the enhanced and created wetlands will be required by SJRWMD. All wetlands will be impacted so no buffers remain. However, the Technical Staff Report states that a planted upland buffer will be provided adjacent to the west side of the wetland creation area. The applicant has also obtained a permit with the US Army Corps of Engineers, as documented in Permit Number SAJ The applicant has demonstrated compliance with the City s protection and conservation of wetlands CON Policy and FLUE Policy ) Wellfield Protection: The site is not within an Oviedo Wellfield Protection Area. 3) Floodplains: The 100-year flood plain encompasses much of the site; however, according to the 2015 Biotech Report, compensating storage is provided within the pond on the northern side of Lightwood-Knox Canal. 4) Endangered Species: According to original and revised Biotech Reports, two listed birds, little blue heron (Egretta caerulea) and tri-colored heron (Egretta tricolor) were observed foraging around the Lightwood Knox Canal. No nesting sites were observed within the parcel, so the species will not likely be adversely impacted by the proposed development. 5) Drainage Basin: The subject property is located within the Bear Creek Drainage Basin. 6) Soil Conditions: According to the Soil Survey of Seminole County, Florida (published by the United States Department of Agriculture, Soil Conservation Service, in cooperation with the University of Florida, 1990), there are four (4) soil types within the property boundary, with type 17 occupying the majority of the property. (10) Basinger, Samsula and Hontoon Soils Depressional (17) Brighton, Samsula, and Sanibel Mucks (20) Myakka and EauGallie Fine Sands (27) Pomello Fine Sand (0 to 5 percent slope) The City s Environmental Consultant reviewed the soils and indicated that soils in the Mitchell Hammock Road area have not been a deterrent to development. Even though much of the area is mapped with strongly hydric soil types, the St. Johns River Water Management District has issued an Individual Environmental Resource Permit for the construction of a stormwater management system to serve the proposed commercial development with associated parking and driveways.

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12 G. Consistency with efforts to increase the supply of non-residential lands available for economic use. The proposed amendment is consistent with the City s efforts to increase the supply of nonresidential lands available for economic use. The amendment adheres to the City s efforts to expand commercial development and promote economic growth. Objective states that City is to provide needed services, local employment opportunities, and increase tax base. The proposed amendment would help advance the land use and economic development objectives in the City s Comprehensive Plan. H. Consistency with efforts to increase the provision of a viable mixture of land uses in a compact, walkable area that is accessible to the full range of feasible nonmotorized and motorized transportation modes. The proposed amendment aligns with the City s desire to increase the provision of a viable mixture of land uses in a walkable area. The applicant s proposed commercial and office uses are compatible with nearby restaurant, retail and other commercial uses, and the property is accessible by both non-motorized and motorized transportation modes. Additionally, development of the property would be required to provide appropriate bicycle and pedestrian access along adjacent roadways, within surface parking facilities and between each of these and the buildings in which the development is located (Policy ). V. OTHER CONSIDERATIONS A. Housing There is no adverse impact anticipated to housing as a result of this FLU Map Amendment request. B. Population Impact There is no anticipated adverse impact to the population as a result of this FLU Map Amendment request. C. Public Health/Safety/Welfare Issues There are no public-health, safety, and/or welfare issues anticipated in association with this FLU Map Amendment request. D. Impact on Schools There are no adverse impacts anticipated to schools as a result of this FLU Map amendment as the applicant provided a written statement indicating that there will be no residential development (consistent with the C-2 zoning district requested under the associated Zoning Map Amendment).

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14 E. Other Comments The applicant has been informed that adoption of the FLU Map Amendment does not reserve or guarantee capacity in water, sewer, transportation, drainage, recreation, or solid waste facilities, nor does it guarantee that the maximum density or intensity in a land use designation can be achieved. VI. STAFF RECOMMENDATION Staff recommends approval of the proposed future land use map amendment from County Industrial (IND) to City Commercial (CM) based on the findings presented in this report.

15 EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C Location Map Current Future Land Use Map Proposed Future Land Use Map

16 Exhibit A: Location Map

17 Exhibit B: Current Future Land Use

18 Exhibit C: Proposed Future Land Use