CITY MANAGER MEMORANDUM

Transcription

1 CITY MANAGER MEMORANDUM To: Through: From: The Honorable Mayor Kelley and City Commissioners Joyce A. Shanahan, City Manager Ric Goss, AICP, Planning Director Date: July 14, 2011 Subject: Small Scale Land Use Map Amendment 1561 North US Highway 1 (Vacant Former Wendy s.) Introduction: This is an administrative request for a Small Scale Comprehensive Plan Land Use Map amendment for ±2.19 developed acres located at 1561 North US Highway 1 to change the Volusia County land use designation from Commercial to Ormond Beach Low Intensity Commercial based upon a recent annexation. Background: The subject property is owned by Wendy s International Inc. which previously operated a drive-through restaurant, convenience store and fuel station located along the North US Highway 1 corridor in close proximity to Interstate 95. The property was annexed on March 21, 2011 with Ordinance The annexation occurred based on the connection to City utilities for the construction of the project. The proposed land use amendment seeks to change the land use designation of the subject property from unincorporated Volusia County to the City of Ormond Beach on the City s future land use map. The existing use is consistent with both the existing County land use and the proposed City land use designation. If the land use amendment is approved by the City Commission, a rezoning from Volusia County B- 6 (Highway Interchange Commercial) to City of Ormond Beach B-7 (Highway Tourist Commercial) would be presented to the City Commission. The subject property is located along the North US Highway 1 corridor in close proximity to Interstate I-95 and a drive through restaurant and convenience store with gas pumps is a typical use along a major interchange. The existing County land use allows a 0.55 Floor Area Ration (FAR). Planning staff reviewed a number of potential land use designations and determined the Low Intensity Commercial (LIC) land use category was the most suitable designation because it is the least intense City FAR available. The Low Intensity Commercial land use category is consistent with the surrounding commercial uses and an appropriate use of land in accordance with the City s Comprehensive Plan (Goals 1 and 5 of the Future Land Use Element and associated policies). Since the property is already developed, an equal demand for public services with the Low Intensity Commercial land use designation is anticipated. There are no additional impacts expected as a result of the proposed land use change N HWY US 1 CC CM Memo.doc

2 The Honorable Mayor and City Commissioners July 19, 2011 Page 2 Planning Board Review: On May 12, 2011, the Planning Board heard the subject request and recommended approval of the land use change by a 7 to 0 vote. No individuals from the public spoke for or against the proposed amendment. The small scale map amendment was transmitted to the Volusia County Growth Management Commission (VGMC) and has received a consistency certification based on no objections from surrounding jurisdictions. Recommendation: It is staff s determination that the amendment: 1. Is consistent with the Goals, Objectives, and Policies established in the City s Comprehensive Plan; 2. Is consistent with state requirements; 3. Is an appropriate use of the land; 4. Has adequate infrastructure to serve the proposed land use; and 5. Does not impact surrounding jurisdictions. It is recommended that the City Commission APPROVE the Small Scale Comprehensive Plan Land Use Map amendment for ±2.19 developed acres at 1561 North US Highway 1 to change the land use designation of Commercial to Low Intensity Commercial based upon a recent annexation. Reviewed by: /s/ 07/14/2011 Theodore S. MacLeod, P.E. Date Assistant City Manager Approved by: /s/ 07/14/2011 Joyce A. Shanahan, City Manager Date Prepared by: S. Laureen Kornel, AICP, Senior Planner 1561 N HWY US 1 CC CM Memo.doc

3 ORDINANCE NO AN ORDINANCE AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE MAP TO CHANGE THE DESIGNATION OF ONE (1) PARCEL OF REAL PROPERTY TOTALING ACRES LOCATED AT 1561 NORTH US HIGHWAY 1 (PARCEL ID NO ), FROM VOLUSIA COUNTY "COMMERCIAL" TO ORMOND BEACH "LOW INTENSITY COMMERCIAL"; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE. WHEREAS, the City Commission has heretofore by Ordinance No , as subsequently amended, duly adopted a Comprehensive Plan in compliance with the provisions of Part II, Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code, and WHEREAS, as the result of annexation into the City, the City staff has requested that the Comprehensive Plan's Future Land Use Map designation on one (1) parcel of real property totaling ±2.19-acres located at 1561 North US Highway 1 (Parcel ID No ), which parcel is legally described in Exhibit "A" and depicted in Exhibit "B" which Exhibits are attached hereto and incorporated herein by reference, be changed from Volusia County "Commercial" to Ormond Beach "Low Intensity Commercial," as depicted in Exhibit "C" attached hereto and incorporated herein by reference, and (10) acres or less, and WHEREAS, the requested Comprehensive Plan amendment involves a use of ten WHEREAS, there has been five Comprehensive Plan amendment adopted by the City Commission during 2011, and as such the cumulative effect of the acreage for all small S:\CITY COMMISSION ITEMS\ORDINANCE\2011\ \11-024A - 6TH N US1 - WENDYS - SS LUMA P G.DOC/7/11/ :53-1-

4 scale development amendments adopted by the City Commission does not exceed one hundred and twenty (120) total acres for the calendar year, and WHEREAS, the requested Comprehensive Plan amendment does not involve a text change to the goals, policies, and objectives of the City's Comprehensive Plan, but only proposes a land use change to the Future Land Use Map for small scale development activity, and WHEREAS, the requested Comprehensive Plan amendment is not located within an area of critical state concern, and WHEREAS, the City has complied with the provisions of (11) and (3)(c), Florida Statutes, and WHEREAS, the local planning agency, being the Planning Board, duly held a public hearing, with due public notice, on the requested Comprehensive Plan amendment, and has recommended approval thereof, and WHEREAS, the City Commission has duly conducted an adoption public hearing on the requested Comprehensive Plan amendment, as described in (11), Florida Statutes, and WHEREAS, the City Commission finds that approval of the requested Comprehensive Plan amendment will preserve the internal consistency of the City's Comprehensive Plan pursuant to , Florida Statutes, and WHEREAS, the Volusia Growth Management Commission has provided a certification letter with no objections from abutting jurisdictions, now therefore, S:\CITY COMMISSION ITEMS\ORDINANCE\2011\ \11-024A - 6TH N US1 - WENDYS - SS LUMA P G.DOC/7/11/ :53-2-

5 BE IT ENACTED BY THE PEOPLE OF THE CITY OF ORMOND BEACH, FLORIDA, THAT: SECTION ONE. The foregoing recitals are incorporated herein by reference as the legislative findings of the Ormond Beach City Commission. SECTION TWO. The Future Land Use designation on one (1) parcel of real property totaling ±2.19-acres located at 1561 North US Highway 1 (Parcel ID No ), which parcel is legally described in Exhibit "A" and depicted in Exhibit "B" which Exhibits are attached hereto, and as shown on the Future Land Use Map incorporated into the Future Land Use Element of the City of Ormond Beach Comprehensive Plan, as depicted in Exhibit "C" attached hereto, be and the same is hereby changed from Volusia County "Commercial" to Ormond Beach "Low Intensity Commercial." SECTION TWO. The Planning Director is hereby authorized and directed to transmit copies of the notice and of this adopted Comprehensive Plan amendment to the Florida Department of Community Affairs, Bureau of Local Planning, Plan Processing Team, as specified in the Department s procedural rules, within ten (10) working days of the adoption of this Ordinance, and shall also transmit copies to the East Central Florida Regional Planning Council and to any other person or entity requesting a copy. SECTION THREE. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. S:\CITY COMMISSION ITEMS\ORDINANCE\2011\ \11-024A - 6TH N US1 - WENDYS - SS LUMA P G.DOC/7/11/ :53-3-

6 SECTION FOUR. Pursuant to (5)(c), Florida Statutes, the effective date of this Comprehensive Plan amendment shall be September 3, 2011; provided, however, that if challenged on or before September 2, 2011, this Comprehensive Plan amendment shall not become effective until the Department of Community Affairs or the Administration Commission, respectively, issues a final order determining that the adopted small scale development amendment is in compliance. PASSED UPON at the first reading of the City Commission, this 19th day of July, PASSED UPON at the second and final reading of the City Commission, this 3rd day of August, ATTEST: ED KELLEY Mayor JOSHUA FRUECHT City Clerk S:\CITY COMMISSION ITEMS\ORDINANCE\2011\ \11-024A - 6TH N US1 - WENDYS - SS LUMA P G.DOC/7/11/ :53-4-

7 EXHIBIT "A" LEGAL DESCRIPTION BLOCK 17, EXCEPT THAT PART TAKEN BY U.S. NO. 1 AND INTERSTATE HIGHWAY NO. 95, NATIONAL GARDENS AS RECORDED IN MAP BOOK 10, PAGES , INCLUSIVE, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID BLOCK 17; THENCE SOUTH 40 DEGREES 15 MINUTES 09 SECONDS WEST ALONG THE NORTHERLY RIGHT-OF-WAY OF ROSEMARY STREET HAVING A 60 FOOT RIGHT-OF-WAY, BEING ALSO THE SOUTHERLY LINE OF SAID BLOCK 17, FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY OF U.S. NO. 1 BEING A 160 FOOT RIGHT-OF-WAY THENCE NORTH 49 DEGREES 55 MINUTES 20 SECONDS WEST ALONG THE EASTERLY RIGHT-OF-WAY OF SAID U.S. NO. 1, 96.9 FEET TO A POINT IN AFORESAID RIGHT-OF-WAY; THENCE NORTH 40 DEGREES 04 MINUTES 40 SECONDS EAST ALONG THE NEW RIGHT-OF-WAY OF I-95, 23.0 FEET TO A POINT THEREIN: THENCE NORTH 49 DEGREES 55 MINUTES 20 SECONDS WEST ALONG SAID I-95 RIGHT-OF-WAY, FEET TO A POINT THEREIN; THENCE NORTH 12 DEGREES 04 MINUTES 28 SECONDS WEST ALONG SAID RIGHT-OF-WAY, FEET; THENCE NORTH 40 DEGREES 52 MINUTES 45 SECONDS EAST ALONG SAID RIGHT-OF-WAY FEET TO A POINT THEREIN BEING ALSO IN THE WESTERLY RIGHT-OF-WAY OF ATLANTIC ROAD BEING A 60 FOOT RIGHT OF WAY, BEING ALSO IN THE EASTERLY LINE OF BLOCK 17 AFORESAID; THENCE SOUTH 49 DEGREES 29 MINUTES 00 SECONDS EAST ALONG SAID RIGHT-OF-WAY AND SAID EASTERLY LINE OF BLOCK 17, FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE SOUTHWESTERLY FEET OF VACATED ATLANTIC ROAD, A FOOT RIGHT-OF-WAY, ABUTTING THE NORTHEASTERLY LINE THEREOF. CONTAINING 95,348 SQ. FT. OR 2.19 ACRES MARE OR LESS OWNER: WENDY'S INTERNATIONAL, INC. PARCEL ID: ADDRESS: 1561 NORTH US HIGHWAY 1, ORMOND BEACH, FL 32174

8 EXHIBIT "B" DEPICTION A, "- / "- /.,,, /, POINT or BEGINNING

9 LAND USE AMENDMENT MAP EXHIBIT "C" PAGE 1 OF 2 Change from Volusia County "Commericar' to Ormond Beach "Low Intensily Commerical" " ',' legend o ORMOND BEACH LAND USE AME DME T MAP 1561 N US HWY 1 ( ) The City ofonnond Beach G.I.S. Department Prcp~ed by: Eric Dickens s

10 FUTURE LAND USE AMENDMENT MAP EXHIBIT "C" PAGE 2 OF 2 =... :: ::: :::::: :::::... I' ill IIIi l II'!i... ". FUTURE LAND USE MAP NORTH US 1 CORRIDOR The City ofol1llond Beaeh GJ.S. Department Prepared by: Erie Dickens s

11 Volusia Growth Management Commission Jun 22,2011 ]\iis. Lam n Kornel, ICP, enior Plann r City of Ormond Beach 22 South Beach treet Ormond Beach, FL RE: VGMC Case No , Ormond Beach N. US Highway 1,1.31 acres VGMC Case No , Ormond Beach N. US Highway 1, 2.58 acres VGMC Case No , Ormond Beach N. US Highway 1, 2.19 acres VGMC Case No , Ormond Beach N. US Highway 1, 2.74 acres VGMC Case No , Ormond Beach N. US Highway 1, 0.36 acres VGMC Case No , Ormond Beach N. US Highway 1, 0.76 acres VGMC Case No , Ormond Beach N. US Highway 1,2.16 acres VGMC Case No , Ormond Beach N. US Highway 1, 1.42 acres VGMC Case No , Ormond Beach N. US Highway 1, 2.46 acres VGMC Case No , Ormond Beach N. US Highway 1, 7.07 acres Dear Ms. f ornel I am writing tills letter to inform ) ou the Volusia fowth Management 0111J1USSIOn has not received any objection to the above-referenced applications widun the required time period after dl date of publication of notice thereof. Since the applications qualify under dle criteria of Ordinance 87-24, ction 6, a amended, of dle V lusia fowth l\ifaoagemeot Comprehensive Plan Consistency Certification Rule, your applications are hereby deemed certified without a need for a public hearing. salway, w appreciat th efd rts f th i I of unond Beach to furdler intergovernmental cooperation and coordination in Volusia OUilty. If y u ha\ e an) questions r garding this matter, pi a do not hesitate to call me. 'incer 1), Gerald Brandon VGMC Chairman CC: Paul Chipok, VG 11 Legal Couns 1.Andre r\udersoll, VGlvIC Plafllllng Consultant Volusia County & MUlucipalities FO A 140 $olllh Be.ch Streel. Suile 305' D')'IOI1' Be.ch. I'L Tel: ' F.x: ' m.il: "l\iilc@co.\,olu.,i.n.li.