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4306 Comp Plan AmendmentOrdinance No. 4306 An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 0.254 acre in size (portion of Tax Parcel Identification Number 01-20-30-504.1400 - 0010) and described in this Ordinance; providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the Code codifier and providing for an effective date. Whereas, the real property which is the subject of this Ordinance is located on the southwest corner of the intersection of French Avenue (United Stated Highway 17192) and Osceola Drive; and Whereas, the real property which is the subject of this Ordinance currently has been assigned a split land use designation of GC, General Commercial and LDR -SF, Low Density Residential, which needs to be reconciled and adjusted; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on October 3, 2013 to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property as requested by the property owner; and Whereas, Section 163.3187, Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to small scale amendments and which are related to proposed small scale 1 development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the City of Sanford Comprehensive Plan; and Whereas, a Citizens Awareness Participation Plan report was submitted to the City relative to the subject matter of this Ordinance; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes. Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed amendment to the City of Sanford Comprehensive Plan pertaining to the subject property. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d). The exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. Section 2. Amendment to Future Land Use Map. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map are hereby amended by changing the ON land use designation from LDR -SF, Low Density Single Family, to GC, General Commercial, with regard to the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment is described as follows: A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA, NAMELY. LOTS 21 AND 22 (LESS ROAD), BLOCK 14, PLAT OF DREAMWOLD AS RECORDED AT PLAT BOOK 3, PAGE 90 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. THE ABOVE DESCRIBED LAND CONTAINS 0.254 ACRE MORE OR LESS. (TAX PARCEL IDENTIFICATION NUMBER: 01- 20- 30- 504 -1400 -0010 (PORTION OF)). Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to implement the provisions of this Ordinance as deemed appropriate and warranted. Section 4. Ratification Of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or effect of any other action or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Codification /instructions to Code Codifier. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the 3 the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Map of the City. Section 8. Effective Date. The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3187(5)(c),, Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or the Administration Commission, respectively, issues a final order determining that the subject small scale Attest: I CynthVa Porter, City Clerk i City Commission of the City of Site: 2508 French Avenue Parcel No: 01-20-30-504-14,00-0010 Proposed Future Land Use: GC - General Commercial 0.254 Acre M institutional School Industrial Office Single Family Residential' Multi Family Residential Vacant Commercial Future Land Use General Commercial Single Fam. Res. Neighborhood Commercial October 2013 City of Sanford Department of Planning & Developrnent Services, October 2013 r 1 P 79), WS _ RM _ X_ Item No. q, /- # ( 1) CITY COMMISSION MEMORANDUM 13.225 NOVEMBER 18, 2013 AGENDA To: Honorable Mayor and Members of the City Commis PREPARED BY: Cynthia Porter, City Cleric SUBMITTED BY: Norton N. Bonaparte, Jr., Ci y Manager SUBJECT: Small Scale Comprehensive flan Amendment „for 2508 Drench Avenue SYNOPSIS: Ordinance No. 4306 to change the future land use map of the Sanford Comprehensive Plan for 0.254 acre at 2508 French Avenue from LDR -SF, Low Density Single Family to GC, General Commercial is being considered for second reading and adoption. FISCAL/STAFFING STATEMENT: Based on the 2012 property tax roll of Seminole County, the subject property is assessed as restaurant with a value of $509,580. The total tax bill for the property in 2012 was $10,390. The future land use amendment will provide a standard commercial designation on the entire parcel. No additional staffing or City resources are required if the subject property's future land use designation is amended. BACKGROUND: The property located on the southwest corner of the intersection of French Avenue (US 17 -92) and Osceola. Drive currently has a split land use of GC, General Commercial and LDR -SF, Low Density Residential. The applicant has submitted a request to amend the land use on 0.254 acre of the property from LDR -SF to GC so that the property has one consistent future land use designation. The applicant concurrently applied for a rezone of a portion of the property to GC -2, General Commercial which would be consistent with the proposed GC, General Commercial land use. The proposed small scale land use amendment and rezone would resolve a mapping issue and allow for the redevelopment of a property that has had a continual commercial use since the 1970's. The proposed amendment does not trigger any urban indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of Sanford. A concurrency impact analysis demonstrates existing capacities are sufficient to service the site at the maximum development potential. The proposed amendment is generally consistent with the City's comprehensive plan. Specifically, the amendment furthers the following goals, objectives, and policies: Objective 1 -2.2: Regulate Commercial Development. The City's land development regulations shall continue to ensure that commercial development shall be comprised of a wide range of business uses. The City shall continue to promote redevelopment of the central business district including the Lake Monroe waterfront and the historic commercial downtown area. This area has historically served as the City's center_for commerce as well as the,focal point of civic and cultural enrichment. In this pursuit the City shall continue to enhance the identity, design, and vitality of the corridor which provides a unique walerfront activity center within the City's central core area. The allocation of land resources shall consider the location and space requirements of commercial activities and potential economic and fiscal impacts on the City. The City shall also promote redevelopment within the US 17 -92 Community Redevelopment Area/TCEA to establish the corridor as the commercial and economic spine of the City. This land use amendment would allow for the redevelopment of a commercial property located within the US 17 -92 Community Redevelopment Area. and Policy 1-1.3.2: Concentrate Pattern of Commercial Land Use. In order to promote efficient flow of traffic along major thoroughfares cited in the Transportation Element, achieve orderly development, and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of the respective commercial uses. This project is located on French Avenue and would allow for continual commercial use along a major thoroughfare. On October 3, 2013, the Planning and Zoning Commission unanimously recommended that the City Commission adopt an ordinance to amend the future land use map of the Sanford Comprehensive Plan for 0.254 acres located at 2508 French Avenue to GC, General Commercial. On October 28, 2013, the City Commission approved the first reading of Ordinance No. 4306. The City Cleric published notice of this public hearing in the Sanford Herald on October 27, 2013. LEGAL REVIEW: This matter has been reviewed by the City Attorney. RECOMMENDATION: It is the recommendation of the Planning and Zoning Commission, serving as the City's Local Planning Agency, that the City Commission adopt Ordinance No. 4306 to amend the future land use map for 0.254 acre located at 2508 French Avenue from LDR -SF, Low Density Single Family to GC, General Commercial. It is staff's recommendation that the City Commission approve the proposed land use change based on consistency with goals, objectives and policies of the City's Comprehensive Plan and State's Growth Policy Act. SUGGESTED MOTION: "I move to adopt Ordinance No. 4306 to amend the future land use map of the Sanford Comprehensive Plan for 0.254 acre located at 2508 French Avenue from LDR -SF, Low Density Single Family to GC, General Commercial." Attachments: Project Information Sheet (2 pages) Affidavit of Ownership and Designation of Agent (2 pages) CAPP Report (2 pages) Site Vicinity Map Future Land Use Map Amendment Ordinance No. 4306 (4 pages) Applicant's Justification Report (7 pages) PROJECT INFORMATION — 2508 FREENCH AVENUE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT Requested Action: Small Scale Comprehensive Plan – Future Land Use Map Amendment for 0.254 acre from LDR -SF, Low Density Single Family to GC, General Commercial Proposed Use: Retail - Ailtonlotive Pants Project Address: 2508 French Avenue Current Future Land Use: LDR -SF, Low Density Single Family (portion) Proposed Future Land Use: GC, General Commercial Current Land Use: Vacant Commercial Tax Parcel Number: 01- 20 -30- 504 - 1400 -0010 (portion of) Legal Description: LEG LOTS 21 and 22 (LESS RD) BLK 14 DREAMWOLD PB 3 PG 90 Site Area: 0.254 acre (1.072 total site acreage) Property Owner: Long Far, Inc. c/o Daniel Yang 200 E. 16'x' Street, Apartment I D New York, New York 10003 Phone: 646.567.8517 Applicant /Agent Bryan L. Zarlenga, PE - Cardno TBE O'Reilly Auto Parts 380 Park Place Boulevard Clearwater, Florida 33759 Phone: 727.431.1605 Fax: 727.43 1,1777 CAPP: A CAPP report is attached Commission District: District 2 – Connnissioner Velma Williams COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined it to be consistent with elements of the Goals, Objectives and Policies of the Comprehensive Plan as adopted by the City Commission. Proposed Land Use: Retail – Automotive Pants Existing Land Use: Vacant Commercial Surrounding Uses and Zoning: Uses North BP Gasoline Service Station South Captain D's Restaurant East Retail Shopping Center West Single Family Residential Zoning GC -2, General Commercial GC -2, General Commercial GC -2, General Commercial SR -1, Single family Residential Page t of 2 CONCURRENCY Concurrency is a funding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The concurrency facilities evaluated by the City of Sanford include the following: Drainage: The project shall comply to and be engineered to the adopted 25 Year, 24 Hour LOS /Stoma [went. Note, the Land Development Regulations allows the Administrative Official to increase the design frequency standard if deemed necessary. Roadivays: Per a trip generation report provided by the applicant, the average daily trip estimated for this project. is 433 trips per day. This project is located within a Transportation Concurrency Exception Area (TCEA). Transportation concurrency requirements shall not apply to development or redevelopment within the TCEA. Wale: Water services will be provided by the City of Sanford. Setivei .' Sewer services will be provided by the City of Sanford. LOS slandai,d Pr( ecl Demcind Facilily Capacity Potable Walei,: 144 gal /capita /day 1,100 gals /day* 10.51 MGD* Sanitcay Seiver: 132 gal /capita /day 935 gals /day* 7.3 MGD Solid Waste: 2.46 lbs /capita /day 40 lbs /day 21.5 million tons Provided by applicant TAI)CvelopmcnI It tit] Developmenl\2013QS08 French Ave - o'ReiIIy Auta I° fIAZemneTroject Info Shecl - Rezone - O'Reilly 250$ 14ench.doc Jams 2 of 2 r 1 ? A o —4877-- ....... . .. 11-111-1. 1, Ownorshlp Daniel Yang 11 ---- I Appillmant's Affidavit of Owhol-ShIP 01"d DeAsignation of Agont, . , hareby attest to ownorslilp of Illo property desedbod botow; Tax Parcel No(s): Address of proporty, 2508 French Avenue, Sunford, I-L 32771 Comprelionsive Plan Amendment NJ 0 opplicalton Is submitled to Iho City of Sanford, Pear whlch! (ills I'lie ownership, as shown oil No deed of record, Is in the marno of: Long F*ar Inc, F-] Individual please complete the appropriato section I)olow (typo or print legibly) on Corporation .oL� Fur, 1110, Name:L Peovldo Names of Officers Danlel Yang, President PhIllp Yang, VP _V13 r.)ept, of State Ootporste, Reolsimllon Number: 693720960 Name/Aftess of Ileglilered Agent., willIaln I-I, mordson ;ay 1 i 92 Fl. 32730 11, Dosignatlon of Applicant's Agent (Leave, blank If 110t N)PHOO)IO [A ParillefshIp Novido NPIADS *1 (3011001 P80AW As Ilia owner/Oppli•ani of 1110 Above designated property tot k-olitch Ills Affidavit is aubjWed, I doolgimto 1110 4010W Dafflod fildivkluOl as MY agont III all mallors. 11011alillfig to 0110 Applicallon process. Iflauthooz1flu tile 69ont named below to roprosoni mo, or My company, I attost Wal tho application Is made: In good fallb and MAI All Information rontalned In 1110 Opplicatlop, is accumto and complete to IhO best Ofnay POISONA Pnowledoo, Print Nomo ApplicantsAgenl: 3LO Park Place EIML, Clontwator, 6. 33769 ApplIcint'sAddfoss: ------ 13 rya n Zo t 10 1) g a k A. tarok /27-431-1647 I"llono: contact Person%— 727-431-1777 I-mall: l)ryati,zarlonga@ocirdiiotl)o.col,lI Fax: III, Notice to Owner A. All changes In Ownership and/or Aplicant's Agent prior to final action of the City shall require anew afridavil, IfownershIpchanges,11to now owner assurnes all obligations related to the filing application process. K If the Owner Intends for the authority of the Applicants Agent to be limited in any manner, please Indicate the tiniltation(s) bclo%v. (i.e., 0111ted to obtaining a certificate of collcurfonGy; limited to oblalnloU a land use compliance certificate; etc) rezonIngs IV, Acknowledgement 0 Individual Corporation Ej' Partnership I-Ae, INc, Ploaso use appropriate notary block STATE OF kqk-wm Uj Individual E71 Corporation paftnorstilp Before Im this (lay of Beforern! INS —__ day of Before "is tills -day of 20_, personally 201j, personally 20--, personally Y/I P Ak� appear%! v4)o executed the foregoing lns4u- as ...... partner/agent on behalf of nient, and acknowledged before mo for that same was executed for tile a partnership, who oxeculed the fitaposes thefeln expressed. (1.0,:corporalion, company, MO.) foregoing instrument and acknmd and acknoviledged before me that edged before me that same was SOMO Was executed for Ilia purposes executed for the purposes, theraln therein expressed, expressed. Luba Kerod Notary Public State of Now York No,, 01 KE4818017 Personally known Dor Otialifled in �,io Al. t( Produced Identificallong Typo Of IdellfifiCall0r) 1)(OdUCC& I k t et k�S 6 (NOTARY STAMP) "IRIO My coninilsslon expires: /6 NOWY NVIC OC 10b8f 2009 n, ray .1 ­­'. v I" P'Inl�",'alron P&I Panne(stip Nam qn 44mo By, _t By� simatum Print Prin �f I Print Name; Nan, : Ada e Name: Addrem Address: Phono; Phorle; V14 - & '��i? Phone: Ploaso use appropriate notary block STATE OF kqk-wm Uj Individual E71 Corporation paftnorstilp Before Im this (lay of Beforern! INS —__ day of Before "is tills -day of 20_, personally 201j, personally 20--, personally Y/I P Ak� appear%! v4)o executed the foregoing lns4u- as ...... partner/agent on behalf of nient, and acknowledged before mo for that same was executed for tile a partnership, who oxeculed the fitaposes thefeln expressed. (1.0,:corporalion, company, MO.) foregoing instrument and acknmd and acknoviledged before me that edged before me that same was SOMO Was executed for Ilia purposes executed for the purposes, theraln therein expressed, expressed. Luba Kerod Notary Public State of Now York No,, 01 KE4818017 Personally known Dor Otialifled in �,io Al. t( Produced Identificallong Typo Of IdellfifiCall0r) 1)(OdUCC& I k t et k�S 6 (NOTARY STAMP) "IRIO My coninilsslon expires: /6 NOWY NVIC OC 10b8f 2009 n, ray .1 ­­'. v I" Sender's direct dial #417-862-2674 ext, 741 t Sender's direct fax # #•417- 4329 -5726 hajones@owillptito,com September 10, 2013 Via: entail: iiiary.inosko)vitz@satifordfl.gov City of Sanford Planning and Development Services Attn: Mary Moskowitz 300 North Park Avenue Sanford, FL 32771 Re: Rezone and Land Use Amendment located at 2508 French Ave. O'Reilly Reference: Sanford, FL (S D 1) lommyJam This is with reference to the above subject property. As desired by the City of Sanford Planning and Development Department. A Notice to Owners of Affected Property was sent to adjoining residential owners via US Certified Return Receipt Mail on September 4, 2013. Adjoining property owners were notified of the Public Hearing that will take place at the City Hall on or around October 3 in reference to O'Reilly's request for the rezone and Land Use Amendment. A list of notified owners is attached hereto. Property owners were given the option to comment via letter, telephone or written notice prior to the Public Hearing, To date, no response has been received. If you have any questions, concerns, or need additional information please feel free to contact me. Very truly yours, O'REILLY AUTOMOTIVE STORES, INC. Holly J6n6s-' Paralegal Enclosures /hj RIGHT PART, RIGHT PRICE RA TE E! Sanford FL (SDI) Adjoining Residential Property Owner's notified of rezone and land use amendment • NET LEASE FUNDING 2005 LP CIO CAPTIAL SOLUTIONS PO BOX 961023 FORT WORHT, TX 76161 • MARY TERWILLEGER 2529 HIAWATH AVE. SANFORD, FL 32773 Ordinance No. 4306 An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 0.254 acre in size (portion of Tax Parcel Identification Number 01-20-30- 504 -1400- 0010) and described in this Ordinance; providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the Code codifier and providing for an effective date. Whereas, the real property which is the subject of this Ordinance is located on the southwest corner of the intersection of French Avenue (United Stated Highway 17192) and Osceola Drive; and Whereas, the real property which is the subject of this Ordinance currently has been assigned a split land use designation of GC, General Commercial and LDR -SF, Low Density Residential, which needs to be reconciled and adjusted; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on October 3, 2093 to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property as requested by the property owner; and Whereas, Section 163.3187, Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to small scale amendments and which are related to proposed small scale I development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the City of Sanford Comprehensive Plan; and Whereas, a Citizens Awareness Participation Plan report was submitted to the City relative to the subject matter of this Ordinance; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes. Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed amendment to the City of Sanford Comprehensive Plan pertaining to the subject property. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d). The exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. Section 2. Amendment to Future Land Use Map. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map are hereby amended by changing the z land use designation from LDR -SF, Low Density Single Family, to GC, General Commercial, with regard to the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment is described as follows: A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH, RANGE 30 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA, NAMELY: LOTS 21 AND 22 (LESS ROAD), BLOCK 14, PLAT OF DREAMWOLD AS RECORDED AT PLAT BOOK 3, PAGE 90 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY. THE ABOVE DESCRIBED LAND CONTAINS 0.254 ACRE MORE OR LESS. (TAX PARCEL IDENTIFICATION NUMBER: 01- 20- 30- 504 -1400 -0010 (PORTION OF)). Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to implement the provisions of this Ordinance as deemed appropriate and warranted. Section 4. Ratification Of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or effect of any other action or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Codification /instructions to Code Codifier. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the 3 provisions of this Ordinance shall become and be made a part of the codified version of the City of Sanford Comprehensive Plan anchor the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Map of the City. Section 8. Effective Date. The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 1 63.3187 (5) (c), Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or the Administration Commission, respectively, issues a final order determining that the subject small scale amendment is in compliance with controlling State law. Passed and adopted this18t" day of November, 2013. City Commission of the City of Sanford, Florida Attest: Cynthia Porter, City Clerk Jeff Triplett, Mayor Approved as to form and legality: William L. Colbert, Esquire City Attorney 4 City of Sanford Comprehensive Plan Amendment Site: 2508 French Avenue Parcel! No: 01-20-30-504 -1400-0010 Proposed Future Land Use: GC - General Commercial 0,254 Acre I =90 I Existing Land Use Institutional School Industrial office Single Family Residential Multi Family Residential Vacant Commercial Future Land Use General Commercial Single Fam. Res, Neighborhood Commercial �F" I 1 1111 ftlz o r City of Sanford Department of Planning & Development Services, October 2013 O'Reilly Auto Parts 2508 French Avenue Comprehensive Plan Justification SITE INFORKATION APPLICANT: O'REILLY AUTOMOTIVE OWNER: LONG FAR INC. ADDRESS: 2508 FRENCH AVENUE TAX ID: 01 -20- 30,504- 1400 -0010 BLI{ 14 DREAMWOLD P133, PG 90 LEGAL DESCRIPTION : LOTS 1, 2, 21, 23 & 24 (LESS ROAD), ACREAGE: 46,706 SF OR 1.072 ACRES (TOTAL PARCEL), PORTION ASSOCIATED WITH THIS REQUEST IS 11,100 Sp' OR 0.254 ACRES EXISTING ZONING: GENERAL COMMERCIAL (CGI) — 35,606 OR 0.817 ACRES SINGLE - FAMILY RESIDENTIAL (SR-1) -- 11,100 SF OR 0.254 ACRES EXISTING COM1' PLAN GENERAL COMMERCIAL (GC) - 35,606 OR 0.817 ACRES DESIGNATION: LOW DENSITY RESIDENTIAL (LDR-SF) — 11,100 SP OR 0.254 ACRES PROPOSED COMP PLAN LDR -SF TO GC AMENDMENT: EXISTING USE: RESTAURANT PROPOSED USE: GENERAL RETAIL (AUTO PART SALES, NO URRVICE) CAPP MIaETZNG As the requested application appears only to "clean up,, a mapping issue and will apply one consistent zoning anti future land use plan designation over a single parcel, we respectfully request that the requirenre t for a Citizen Awareness and Participation Plan and Meeting be waived, as this request will have limited to no impact on the adjacent properties and surrounding community. WRITTEN EXPLANATION /,TUSTfflCATION Z. The amendment shall be consistent with tine State Comprehensive Plan (Chapter 187, F.S.) and the Growth Policy Act (Chapter 163 F.S.) The proposed coaxrprehensive plan amendment will "clean up" what appears to be. a mapping oversight in that a small, rear portion of this site that has been used colinnereially since the 1970's and which fronts US17 &92 (Trench Ave), a major con. mercial Corridor. It appears that the sight nlay have received a zoning; acid comprehensive plan designation associated with the single family residential use behind the commercially zoned uses fronting US 17 &92. This appears to have occurred due to the fact that a small area in the rear of the site extends outside of the commercial zoning corridor line established for the US 17&92 corridor. The below aerial snap fron, 1971 shows the property in a configuration being almost identical to its configuration today and property appraiser data indicates this property was developed in 1970. G,I DESI DEVIProposaii2013 10'ReillylSanford, MCornp Plan JustifieationDoex ZV ;frim a 'X air �B Eytfrti(Si 9. .`# - [Al r � 4 ZV ;frim a 'X air �B Eytfrti(Si 9. .`# A comprehensive plan amendment to allow the General Commercial (GC) future land use designation be applied to the entire parcel will allow the site to be fully utilized as a commercial enterprise, as historically intended. The irregular shape of the subject site requires that the parcel have a General Con,nlercial comprehensive plan designation over its entire acreage to allow conformance to current stormwater, parking and landscaping requirements. Amendment from the LDR-SF designation to the GC comprehensive plan designation will allow conformance to these standards, which will further the Objectives of the State Comprehensive flan and Growth Policy Act by allowing a site to achieve its fill' econornic usefiihless ill a manner that does not impact the public health, safety and welfare of adjacent properties or tine comraunity, by satisfy all current storinwater standards, providing a betterment for the conununity through stormwater quantity and quality improvements; allows a new business enterprise in a location that has a demonstrated need in a building and on a site that will meet all current engineering, landscaping and building codes, In addition, the amendment will support the economic vitality and visual improvement of an established retail corridor by facilitating the replacement of an aging commercial building with a new retail sales and service building that not only will accon7modate the general public but will support surrounding business by selling parts to car dealers and vehicle repair shops. 2. The amendment shall be consistent with all elemerris of the City of Sanford Comprehensive Plan. Below are a few instances that show the aineadments- consistency to the City's Comprehensive Plan. Goal 14 of the City's Comprehensive Plan is stated as follows. The requested amendment to the GG Future Land Use Designation will ensure that the property is used in an orderly manner that appropriately accommodates commercial uses in a manner the promotes the City's and general public's best interest while ensuring appropriate economic growth in a socially and environmentally sensate manner. GOAL 1 -1: MANAGE LAND USE DISTRIBUTION AND PROVISION OF SERVICES AND FACILITIES. THE CITY SHALL PROMOTE AN ORDERLY DISTRIBUTION OF LAND USES IN AN ECONOMICALLY, SOCIALLY, AND ENVIRONMENTALLY ACCEPTABLE MANNER WHILE ENSURfNG THE ADEQUATE AND TIMELY PROVISION OF SERVICES AND FACILITIES TO MEET THE NEEDS OF THE CURRENT AND PROJECTED POPULA'T'IONS. In addition, a proposed amendment from the LDR -SP designation to the GC designation will make the sites overall"future land use designation consistent, which will create a unified Future Land Use and Zoning map for this parcel and fulfill the following Comprehensive Plan Goals, Objectives and Policies; policy 1- 1.1.X: Maintain Consistency of Future Land Use Map and Related Policies. The Future Land Use Map and related policies, definitions of land use designations and qualitative standards shall be applied in allocating future land uses, All developments are subject to tine City's Concurrency Management system. In addition to the evaluation criteria, which pertain to capital improvements, the City shall evaluate amendments to the Future Laird Use Map for consistency Witt' the following criteria: • The amendment shall be consistent with the State Comprehensive Plan (Chapter 187, F.S.) and the Growth Policy Act (Chapter 163 F.S.); As previously stated, the requested ainendnlent is consistent with these Statutes. G:NDES\DEV1 Proposa41201310`Reiily\Sanford, FL\Comp Man JustificationDou o 'T'lie amendment shall be consistent with all elements of the City Comprehensive Plan; As demonstrated by the report, the amendment is consistent with. the Elements of the Comprehensive Plan • The amendment shall be consistent with Rule 9Jw5, Florida Administrative Code; The an- .endment is being implemented in accordance with the City's adopted procedural rules, thereby ensuring consistency with Rule 9J -5. Public facilities and services shall be available concurrent with development of the site; The site is currently receiving the necessary public services to operate as a restaurant, a generally more intense use Within the CG category. The proposed use a retail sales and service establishment will require less public services. There have been changes in population, land use or economic development treads and /or projections that warrant a change in the future land use designation; The request is only to provide a consistent future land use designation over the entire parcel to allow the property to continue to operate as a commercial /retail establishment and continue to serve the p.opulation and other business in the area. However, the requested amendment will allow the highly irregularly shaped property to continue to be used for commercial purposes in a manner that satisfies current design criteria. • There have been sufficient changes in the character of the area or adjacent lands to warrant a different land use designation. While the above aerial shows that the area has gone through significant changes since the property was first developed, it is the changes in various design criteria, especially stormwater management, that the amendment will allow to be implemented while the site continues to be used in a fair economic capacity. The proposed fixture land Ilse designation and its allowable uses are compatible with surrounding laird use designations and with the preferred growth and development pattern of the City as evidenced by land use policies in the Comprehensive Plan. The arnendinent will not significantly alter acceptable existing land use patterns or adversely affect the livability of the area or the health and safety of the residents. The parcel has been utilized for commercial purposes since it was developed in the early 1970s in a manner that is consistent xith the surrounding land uses. This amendment will not change tine allowable Uses; rather remove a land Ilse and zoning inconsistency that currently exists on the parcel. o The land shall be capable of supporting development allowed tinder the proposed fixture land use designation as evidenced by the presence or absence oil the site of soil types suitable for development, G:\ DESIDEV1 Proposal1201310'ReillylSanford, FLIComp Plan. Usiif[cation.aou. vegetative habitats, wetlands, wetland protection zones or Mood -prone areas, well field protection zones, wildlife habitats, archaeological, historical or cultural resources. As indicted, the parcel has historically been used for commercial purposes and the requested amendment will not change the allowable uses permitted on the property. The requested amendment will only allow the entire parcel to be utilized for commercial use and ancillary uses supporting a commercial use. The site primarily includes building or paved parking suitable for development and is absent from wetlands, vegetative or wildlife habitat, well field zones, flood zones, and archaeological, historical and cultural resources. It is worth noting, that the 11,100 square foot portion of the site associated with the requested amendment to the CG future land use designation is so irregularly shaped that much of the land area included in the amended area will be building setback and landscape buffer area and not actually allow a commercial building. This will ensure that the adjacent parcels are appropriately buffered. e The proposed amendment will create a demonstrated benefit to the City and enhance the character of the community. As indicated, the amendment will allow a parcel that has been previously used for commercial purposes to continue to be used for commercial purposes, but in a manner that allows the inflll redevelopment to occur in conformance with current design standards. This will thereby benefit the City and the surrounding properties. • If the amendment increases the density or intensity of use, the applicant shall demonstrate that there is a need for the increase in the near planning future (10 years). The amendment to GC will allow for an increase intensity of commercial use, however it is minimal as the requested amendment only includes an 11,100 square foot poilion of the parcel and the overall parcel already contains the GC future land use plan designation. Policy 1-1,1.4: Promote Orderly Land Use Transition. Where it is infeasible or undesirable to physically separate residential from non - residential land uses, buffering shall be required to promote a smooth land use transition. As indicated, the portion of the site included in the atnendnrent request is so irregularly shaped that much of it will not be buildable, but instead will be considered building setback area and landscape buffer area. 3. Public facilities and services shall be available concurrent with development of the site. The site has been developed since the 1970 and been served by public facilities. The proposed amendment will not alter the inanner in which the site receives public services or the level of service required by the potential uses of the site, which will remain in the family of GC rises. The proposed amendment will only change the future land use designation of an 11,100 square foot portion of the site so the entire site is consistently designated with GC category. 4. There have been changes in population, land use or economic development trends and/or projections that warrant a c1lange in the future land use designations. G: 1Dlw51DEVIProposai12o131p 'Reilly\Sanford, FL1Comp Plan Juslificat €on,Docx '1'lre site has functioned as a commercial use since its initial development, While there have been considerable changes in population, land use and economic. development trends since its inception, which warrant the need for the new retail sales and service use proposed in conjunction with this application, it is the changes in land development regulations that are driving the need to establish a consistent zoning and future land use plan designation for the site to accommodate current site development criteria, such as stormwater management and landscaping. 5. There have been sufficient changes in the character of tine area or adjacent lands to warrant a different land Ilse designation. The site and surrounding area have an established pattern of commercial and single - family development that will not be impacted or altered as a result of this application. The application Will however establish a consistent commercial zoning and future land use designation for a parcel of land that has an established history of commercial. use. G. The proposed future land use designation and its allowable Uses are compatible with surrounding land use designations and with the preferred growth and development pattern of the City as evidenced by land use policies in the Comprehensive Phan. The amendment will not significantly alter acceptable existing land use patterns or adversely affect tine livability of the area or the health and safety of the x esiclenis. The proposed fiuture land use amendment. is for a small portion of the subject site currently designated I,DR -SF and the uses permitted as part of the proposed firture land use designation have always been permitted on the overall parcel. The portion of the site included as part of this amendment application is irregularly shaped and as such will primarily consist of area considered building setback area and landscape buffer. As such, the amendment will not significantly alter the existing land use patter or adversely affect the livability of the area or health and safety of the residents. 7. The capability of the land to support development allowed under the proposed future land use designation as evidenced by the presence or absence on the site of soil types suitable for development, vegetative habitats, wetlands, wetland protection zones or flood -prone areas, well field protection zones, wildlife habitats, archaeological, historical or cultural resources. As indicted, the parcel has historically been used for cozunuercial purposes and the requested amendment will not change the allowable uses permitted on the properly. The requested arrnendnnent will only allow the entire parcel to be utilized for commercial use and ancillary uses supporting a commercial use. The site primarily includes building or paved parking suitable for development and is absent from wetlands, vegetative or wildlife habitat, well field zones, flood zones, and archaeological, historical and cultural resources. It is worth noting, that tine 11,100 square foot portion of the site associated with the requested amendment to the CO future land use designation is so irregularly shaped that rnruclr of the land area included in the amended area will be building setback and landscape buffer area and not actually allow a commercial building. This will ensure that the adjacent parcels are appropriately buffered. G:IDESIDE\/\ Proposal 12.01310'ReillylSanford, Fl_IComp Plan Jusiification.Docx S. The proposed anrendinent rvvill create a demonstrated benefit to the City and enhance the character of the community. The proposed amendment will clearly be a benefit to the City as it will allow for the redevelopment of an aging commercial property in a inanner this satisfies current land development and building; codes, including landscaping, buffering, stornrwater management, site lighting and parking. Additionally, the character of the neighborhood will be unproved by the introduction of a new commercial building along orre of the City's primary commercial corridors that meets the City's current design criteria. 9. If the annendment increases the density or intensity of use, the applicant shall demonstrate that there is a need for the increase in the gear planning future (10 years). The amendment to GC will allow for an increase intensity of commercial use, however it is minimal. as the requested amendment only includes an 11,100 square foot portion of the parcel and the overall parcel already contains the GC future land use plan designation. G: IDES\ DEVIProposal 1201310'Reilfy\Sanford, FI_IComp Plaii Justification.Doex