HomeMy WebLinkAboutItem #13 c. West Colonial Parcel - Preliminary Subdivision Plan
center of GOOd LI
~~
AGENDA ITEM STAFF REPORT
Meeting Date: April 7, 2009
L3c.
Reviewed By: /J~~
g~~~~~~ment services.J/t.. /
City Manager: ;_ _ ==-=-
Item #
Contact Name:
Contact Number:
Bobby Howell, MPA
407 -905-3100, Ext. 1044
Subject: West Colonial Parcel (a.k.a Walia Property)
Preliminary Subdivision Plan
Project # LS-07 -021
Commission District # 3 - Rusty Johnson
ISSUE:
Should the Honorable Mayor and City Commissioners approve the Preliminary Subdivision Plan for the West
Colonial Parcel (a.k.a Walia Property)?
BACKGROUND:
The subject property is approximately 6.95 acres in size and is located on the south side of SR SO/Colonial Drive,
north of the Florida Turnpike. The Preliminary Subdivision Plan proposes the construction of infrastructure for a
three lot commercial subdivision. The table below references the future land uses, zoning classifications and
existing land uses of the surrounding parcels:
Direction Future Land Use Zoning Classification ExistinQ Land Use
North Commercial General Commercial Manheim's Auto Auction
(C-3)
East Commercial General Commercial FOOT communications tower, Florida
(C-3), road riaht-of-wav Turnpike
South None, road riqht-of-wav None, road riqht-of-wav Florida Turnoike
West Commercial General Commercial West 50 Commercial Subdivision
(C-3)
DISCUSSION:
On January 13, 2009, a Preliminary Subdivision Plan was presented to the Planning & Zoning Commission that
proposed two, 90-room hotels and one restaurant; with associated waivers to height, architectural, and wetland
impact and buffer requirements. The Planning & Zoning Commission voted to continue the Public Hearing for the
approval of the Preliminary Subdivision Plan until the February 10, 2009 meeting, and directed staff and the
applicant to further refine a clearer motion. As a result, the owner submitted a Preliminary Subdivision Plan that
details the construction of infrastructure for a three lot commercial subdivision.
Since the plan details the construction of only infrastructure, any permitted use in the associated Annexation and
Development Agreement can be developed in the subdivision. The Annexation and Development Agreement
permits uses such as: self-storage warehouses provided it is a climate controlled structure with architecturally
upgraded design, a car-wash provided it is an enclosed automated type with architecturally upgraded design, and
drive-in restaurants such as Panera Bread, and Chipotle but excludes those that would be typically considered
"fast-food" such as McDonalds, Burger King, Wendy's, Hardees, and Checkers.
Access to the subdivision is proposed via Westrun Road, which is located in the West 50 Commercial Subdivision
adjacent to the west of the subject property. The developer will be constructing the remaining portion of Westrun
Road on the property. No access will be permitted into the subdivision directly from SR 50. Site and buffer
landscaping for each lot will be required at the time that each lot develops. The owner only plans to construct the
master infrastructure for the subdivision, and intends to sell each lot to individual end users.
The plan details the construction of a master retention/detention pond that will serve all three lots in the
development. The pond will be contained within a 1.16 acre tract that will be dedicated to and maintained by a yet
to be established Property Owners Association. The retention pond and portions of the developable area of the
site are proposed to encroach into a wetland system that is located on the site. The applicant submitted an
environmental study that stated the wetlands were of poor quality and contained invasive and exotic species. The
plan proposes the preservation of and creation of new wetlands on site in accordance with the requirements of
the Comprehensive Plan. It is staff's assertion that the proposed Preliminary Subdivision Plan satisfies all
applicable Land Development Code requirements except those the applicant is requesting a waiver from.
WAIVER REQUESTS
At the January 13 Planning & Zoning Commission meeting, the applicant proposed five waivers to the Land
Development Code. Prior to the February 10 Planning & Zoning Commission meeting, three of the waiver
requests were withdrawn. The applicant has two remaining waiver requests regarding wetland impacts and
wetland buffers from the requirements of the Land Development Code. The applicant has justified both waiver
requests by stating impacts to the wetlands are justified to ensure project feasibility. Due to the nature of the site
and the configuration of wetlands, wetland impacts are necessary to provide for adequate development on the
site. All impacts to the wetlands will be properly mitigated and adequate upland buffers will be provided to
minimize future secondary impacts. The City Commission has sole discretion to approve waivers from Code
requirements based upon four criteria:
1. If the project is part of an integrated and master planned development;
2. If the project is compatible with surrounding developments;
3. If the project imposes no impacts on City infrastructure greater than that generated by other uses
normally permitted in the underlying zoning districts; and lor,
4. If the project provides an offsetting public benefit which is technically sound and measurable.
The first waiver is request to Section 7 -4B(1). This section of the Land Development Code does not permit
impacts to any wetland areas unless the City Commission finds, on the basis of reasonable evidence, that there
are no practical alternatives. Policy 4.3(b) of the Conservation Element of the Comprehensive Plan permits a 2:1
replacement of area for disturbed wetland areas if it is deemed necessary. The applicant is proposing a
replacement ratio of 2: 1 which is in accordance with this provision of the Comprehensive Plan.
The second waiver request is to Section 7-4B(3). This section of the Land Development Code requires a 75-foot
upland buffer from a wetland except where the City Commission finds it is impractical to maintain that width. The
applicant is requesting a wetland buffer with an average of 25-feet and a minimum of 15-feet. Policy 2.3 of the
Conservation Element of the Comprehensive Plan permits a minimum of a 25-foot upland buffer from a wetland
or 1 OO-year floodplain. It is staff's opinion that the 25-foot average and 15-foot minimum upland buffer satisfy the
intent of this provision of the Comprehensive Plan.
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
The Development Review Committee (DRC) met on January 7, 2009 and reviewed the Preliminary Subdivision
Plan. After a brief discussion, the DRC voted unanimously to recommend approval of the Preliminary Subdivision
Plan for the West Colonial Parcel.
2
L
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission met on January 13, 2009 and February 10, 2009 to consider the Preliminary
Subdivision Plan for the West Colonial Parcel. At the January 13, 2009 meeting, the Planning & Zoning
Commission voted 4-4 to continue the Public Hearing and directed staff and the applicant to further refine a
clearer motion prior to the February 10, 2009 meeting.
On February 10, 2009, the Planning & Zoning Commission voted unanimously to recommend approval of the
Preliminary Subdivision Plan for the West Colonial Parcel.
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and Planning & Zoning Commission, Staff recommends that the
Honorable Mayor and City Commissioners approval the Preliminary Subdivision Plan for the West Colonial Parcel
(a.k.a Walia Property).
ATTACHMENTS:
Location Map
Future Land Use Map
Zoning Map
Preliminary Subdivision Plan - West Colonial Parcel
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark wifh an "x')
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDf Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
~ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
O:\Staff Reports\2009\SR090025_BH_ WestColonialParcel_ Walia_PSP _ CC.doc
3
Marshall Farms
Q
f/l
~
(l)
-,J
o
tIl
0-
J>.
t6
Q)
....
Walia Property
Location Map
Floridas Turnpike
1.fT!
c.
cu
:E
Q)
tn
:)
~~
~c:
Q) CU
c....J
o Q)
I.. I..
a...a
CU ::J
:::LL
CUOl
3: c:
.-
~
c:
::J
o
I..
I..
::J
en
\\
V
\
\
~ \
'Q. ,
c 0:
:; C\\
..... ....I "
III .>-
III
" -0
.~; i - \
u: \.
'\:' I
\
, I
'.j1i'l
. ~ I
I
J ~ I
___11
" d4~1
" J~ State Roa 1 H
.-f:l .~
/
;,,,
----
~
\.../-
'i-1
_1-+-1-
/:.
..,..
j....,'
~ I'
"",,-:Or't;Lj
-~
-~
';'.
r',1.
\
\\ I
III
E
~
u..
ell
.l::
'"
~
::2
,
,
,
'\ \
E
Q)
E
Q,
o
Q;
>
Q)-
o 5i
>oE
.... 1::
c: l\l
:0 Q,
E Q)
EO
o
U
Q)
Q)
o
8
"0
.l!l
c:
&
en
o
o
N
~
ro
:J
c:
ro
....,
CIl
Q)
u
.~
~_~ Q) ~ ro
(/) CIl co c:
>. - c: ro "0 c: (/)0. .2 .lfl_
L' CIl co Q) ._ c: ~_
o Q) .- "0 - co :; c: .3 "0
::: +=' 'E 'w 55 0. Q) +=' 0
l::roQ)Q)"Olfl "Oo.CIlell
Q) 0.:2 0::: .- U 0 0 .f; ....
~ '0 CIl CIl .- _ 0 -. Q)
~"O 'c ~ .~ ~ 8 ~.~ b!; -g lfl ro
Q)2:J ~>- ....iiiaco:Es
g. ~ :2 ~ Q) .-t::: ro ro iii :J +=' c: '0 "0
..... 0 .... 'w 0 ~ a '0 ~ -g co 0 co c:
Cl.. ~ ~ 55 E Q) 'w Q; C - 2: ~ LL co
~ 8 0 0 .~ 0 lfl E :: ~ ~ l!! g lfl
.~ c: O>"O.J::..... E .J::. co c: U .0 ..:.::
.0 'c"O :> Q) OJ 0 0 OJ Q) 0 Q) :J co
~~lij.3:2IO::U:::iIUO:::a......J
IJ m ~jlllllllll
II
lL
4i g
oS! 0>
o
o
o~ ~
'"
1ii
:0
0'
Q)
.c:
u
,!:
CD
a.
co
:E
~C)
~ .=
Q) c::
a.o
ON
~C)
c.. c::
co.-
=-0
co c::
~g
~
~
::::J
en
Cii
I
- 0..
~-- ~~--;;
<(_ _____ I Q.)__
<( <( - 0> rt'{ ~ .~ "";" N
~ "7 "7 "7 .5: 0:: ~ c: () 0 _
- O:::O:::O:::O:::='-''c:Q)'-'''-''M
':>.(/) .- '-"'-"'-"'-" Q) 0> 0 C/) 0>- I ~ (/)
L <( 0> o>o>~c:.- c:rou ~
,g ~..:., 0> > ._ (/) ~ .- '13 ___'C: N 0
.... - ~ ~ ~ ~ 0 ~ :~ (/) 2:: ID ro .2 - ~ :J _ -g
IDro ro ~~~~b::~Q)OE.13u.------O"O ro
~.~ ~ ::::::::'E-O~~~ ....~6rooo'-":J-o ....
>- u........ 0 0 0 0 :J :t:: CJ) E Q):J .-:J:J:>, Q)
t~'~C:3R ro:>,CJ)o oEc:O>~o..o..~~:J ......
OJ Q) :J.Q U I :>,:>,:>,:>, u.. = Q) ~ l) E ro.s (/) '-" '-" (/) 0.. :!l!
~~~~'C<(====6EEroO ~(/)~-:>,C:b---~>
0.... uO>---EEEE~ro c:obo :J ~~Q)'~Q)Q)
....o....~<(c:rorororo>u..oo~.-l)~oEu(/)Oc:(/)~~
~~~~rorou..u..u..u..~'I.~~5ro2~roIDiEQ):J.~~
~ 8 (5 ~ ID -e ~ ~ ~ ~ "? :g. ~ ~ ~ E ID.g ro ID E 0 .~ 0 .~ ~ (/)
E~~Dc:~O>O>O>O>Q)~~~~Ec:U>c:E::~~~~~
:J c: c: OJ:J.S,~.~.~ c: :J 0 .... Q) 0 Q) Q)> Q) 0 0 Q).- :J c: ro
CJ):Jro~~C/)CJ)C/)CJ)C/)o~~o..Zl)~O:::~~l)~~Io..:J~
IJ m ~ I ~[illllllllmmlnll~
~~Road 429~
State ',.' '_
~"-
E
~
c.
o
Qj
:>
., -
o ~
>-E
.t: 1::
5 [
E .,
EO
o
u
.,
.,
8
~
o
o
o.
-
<II
c;;
::l
5f
L;
o
.!:
<Xl
o
o
N
lii
.D
E
OJ
u
OJ
o
i:i
.S!
c
(t
CD
, Cll
, ~
/I '5-
c:
, 5
// i
/ 'C:
o
u::
.:i::' ~
;" I'
--t -j
~:
,\
\
\\, I
\
\
'"
~~
---.---~- ---';.!.~
'/! 7
,;;:---- "
..---- - "