PASCO COUNTY, FLORIDA
Members of the Local
Planning Agency
IL (Industrial-Light) To IH
(Industrial-Heavy) Public
Hearing:
3/5/02, 6:30 P.M.,
NPR
It is recommended that the data herein presented be given formal consideration by the Local Planning Agency.
The LPA shall review the appropriateness of such proposals with respect to the Goals, Objectives, and Policies of the Comprehensive Plan, and shall report same to the Board of County Commissioners. The Board may amend the Comprehensive Plan upon receiving a recommendation from the LPA that the proposed change will not adversely affect the public interest. In assessing the merits of a plan amendment, the Local Planning Agency (LPA) and the Board of County Commissioners shall not be limited to consideration of the particular property affected by the proposal. Each shall consider implications the amendment would have on the Land Use Plan Map in the vicinity of the affected property and the development policies being pursued there.
Section 163.3187(1)(c), Florida Statutes, allows a local government to process Comprehensive Plan amendments directly related to proposed small-scale development activities without regard to statutory limits on the frequency of amendments. A small-scale development amendment may be adopted under the following conditions:
1) The proposed amendment involves a use of 10 acres or fewer.
2) The total number of amendments approved for the year does not exceed 80 accumulative acres.
3) The amendment does not involve the same property granted a change within the prior 12 months.
4) The amendment does not involve the same owner’s property within 200 feet of property granted a change within the prior 12 months.
5) The amendment does not involve a text change to the goals, objectives, and policies of the local government comprehensive plan.
6) The amendment is for a site-specific, small-scale development activity.
7) The property that is subject of the proposed amendment is not located within an area of critical state concern.
8) If the proposed amendment involves a residential land use, the residential land use has a density of ten units or less per acre.
On August 24, 2001 S.R. 52 Bellamy Land Trust No. 83100, property owner, submitted an application to the Growth Management Department to change the Future Land Use Classification pursuant to Chapter 163.3187(1)(c), Florida Statutes, Amendment of Adopted Comprehensive Plan, Small Scale Development Amendments. Donna Feldman, Attorney at Law, is designated as Agent of Record. This property is located on the south side of State Road 52, one-half mile east of Bellamy Brothers Boulevard. This property is vacant, contains 10 acres and is identified as Parcel ID No. 07-25-20-0000-00100-0020 (a portion thereof). The applicant is requesting a Future Land Use Classification change from IL (Industrial-Light) to IH (Industrial-Heavy).
The property's uses, pursuant to the applicant’s request, will be limited to concrete batching, precast concrete manufacturing and any other I-1 uses.
A brief history of the zoning is provided for consideration.
1. On April 17, 2001, the Board approved Petition No. 5759, rezoning 71.10 acres from A-C to I-1 with Conditions. The subject property is included in this rezoning.
2. On February 22, 2000, the Board approved Petition No. 5559, from C-2 General Commercial to I-1 Light Industrial Park with Conditions. This parcel is located directly adjacent to the east of the subject property.
3. On September 19, 2000, the Board approved a rezoning Petition No. 5639, from A-C Agricultural to I-1 Light Industrial Park with conditions. This parcel is located 1500 feet southwest of the subject property.
4. On September 19, 2000, the Board approved a conditional use Petition No. CU00-28 with Conditions for a yard waste facility for the above mentioned parcel (3.).
Current Zoning and FLU:
5. Surrounding Future Land Use (FLU) Classification, Current Zoning District (CZD), and Current Uses (CU) are as follows:
North: FLU IL (Industrial-Light) and ROR (Retail/Office/Residential)
CZD A-R (Agricultural-Residential) and MPUD (Master Planned Unit Development)
CU Vacant Land
East: FLU IL (Industrial-Light)
CZD I1 (Light Industrial)
CU Vacant Land
South: FLU RES-3 (Residential – 3 du/ga)
CZD AC (Agricultural)
CU Vacant Land and one single-family residence
West: FLU RES-3 (Residential – 3 du/ga)
CZD C-2 General Commercial District
CU Vacant Land and a Yard Waste Facility
6. Access to this property will be gained from State Road 52.
7. There are no sidewalks in place along either side of State Road 52.
8. The Public Transportation Division’s fixed route in not available in this area, however, demand response service for registered users is available in this area.
9. Utility infrastructure for water and sewer are in place along State Road 52 approximately one-half mile east of the subject property.
10. The subject property is not located within any of the Pasco County Hurricane Evacuation Levels .
11. The surrounding area is characterized by a yard waste facility, residential and vacant property.
12. There are no archaeology resources in close proximity to the subject property according to the Department of State Master Site File.
13. The property is not located in the urbanized area of the County as determined by the 2000 U.S. Census.
14. The proposed amendment meets the State requirements for submittal of a small-scale development amendment request. The County has not changed acreage of Future Land Use designations on any property in this calendar year pursuant to Section 163.3187 (1) (c), Florida Statutes.
15. The following impact analysis shows an estimated impact cost for County services that have a specific Level of Service stated in the County’s Comprehensive Plan.
Future Land Use Scenario Demand Cost
I-L Average Development Pattern $682,036
I-H Proposed Development $682,036
Average Development Pattern:
I-L 100% Nonresidential Development (15% Retail, FAR .27) with FAR.50
I-H 100% Nonresidential Development (15% Retail, FAR .27) with FAR.50
Demand cost will not vary between the two land uses due to identical Non-Residential Allowable FAR.
PERTINENT COMPREHENSIVE PLAN POLICIES AND OBJECTIVES:
Amendments to the Land Use Plan Map shall be consistent with other portions of the Land Use Plan Map and with the Goals, Objectives, and Policies of the Future Land Use Element.
The following Pasco County Comprehensive Plan Policies appear to be pertinent in analyzing the proposed Small-Scale Development Amendment:
Chapter 2, Future Land Use Element, Industrial Development, Policy 4.1.1
Permit industrial development of a character, at an intensity, and in a location that complements existing and planned public facilities.
Comments: The future land use classification is currently IL (Industrial-Light). Changing the future land use classification to IH (Industrial-Heavy) will not compliment the character of the existing and planned public facilities. Tampa Bay Golf and Country Club is located approximately ¾ of a mile from the proposed development. Chapel Pines MPUD is planned for development across the street from the proposed heavy-industrial development. The character of the area is currently rural, transitioning to single-family homes, and light-industrial uses.
Current and future transportation facilities are inadequate. S.R. 52 is scheduled for widening and resurfacing of the existing 2 (two) lanes only, in the 2001/2002 Fiscal Year, according to the Pasco County MPO 2001-02 through 2005-06 Final Transportation Improvement Program (Adoption date June 14, 2001). S. R. 52 is not scheduled for any other lane widening (i.e.4-Lanes) in the next five years, according to the Pasco County MPO 2001-02 through 2005-06 Final Transportation Improvement Program (Adoption date June 14, 2001). Additional traffic by industrial vehicles would exacerbate the current and future road situation.
Chapter 2, Future Land Use Element, Compatibility, Objective 2.2, Policy 2.2.2.
Deny development orders for land uses which are demonstrated to be detrimental to the viability of existing neighborhoods. Protect existing and future residential areas from encroachment by incompatible uses by denying discretionary development orders (such as rezoning) for such incompatible uses.
Comments: An assessment of the impacts of new development includes an evaluation of the compatibility of the land use with the surrounding area. In the assessment of compatibility, the surrounding area should correspond to the area that would be affected by the land use. A single-family residential land use may impact the adjacent and abutting property, multi-family use may impact an entire block, a commercial land use may affect a radius one-half mile around the proposed use while an industrial land use may affect uses within a one-mile radius.
Chapter 2, Future Land Use Element, Industrial Development, Policy 4.1.2
Concentrate heavy industrial uses in areas having adequate access to power, bulk storage, and transportation facilities, subject to the policies of residential development and redevelopment operating as constraints.
Comments: Adequate power will be provided by Withlacoochee River Electric Cooperative. Current and future transportation facilities are inadequate. S.R. 52 is scheduled for widening and resurfacing of the existing 2 (two) lanes only, in the 2001/2002 Fiscal Year, according to the Pasco County MPO 2001-02 through 2005-06 Final Transportation Improvement Program (Adoption date June 14, 2001). S. R. 52 is not scheduled for any other lane widening (i.e.4-Lanes) in the next five years, according to the Pasco County MPO 2001-02 through 2005-06 Final Transportation Improvement Program (Adoption date June 14, 2001). Additional traffic by industrial vehicles would exacerbate the current and future road situation. As there is current and future residential development, this should be considered a constraining factor, which would not allow a heavy-industrial use in this area.
Chapter 2, Table 2-3 Comprehensive Plan for Unincorporated Pasco County Future Land Use Classification System.
Table 2-3 Future Land Use Classification Industrial Light (IL) lists the general range of potential uses which includes; Office, Light Industry, Research/Corporate Parks, Warehouse/Distribution, Retail uses, hotels/motels.
The intent of the land use classification is “to recognize areas suitable for light industrial uses or for other uses without objectionable aesthetic impact, and without adverse noise, smoke, dust, vibration, or glare impacts.”
Comments: Pasco County’s original Future Land Use maps (1989) had classified the area as a light-industrial area. The intent of the Board of County Commissioners at that time was to develop the area as light-industrial. As the future (1989) has become the present (2002), the board should consider the intentions and vision of past Commissioners. Light industrial uses would better meet the intent of the comprehensive plan over a heavy industrial use given the recent approval by the Board for a residential development to the north of the existing IL Future Land Use classification.
Table 2-3 Future Land Use Classification Industrial Heavy (IH) lists the general range of potential uses which includes Light Industry, Heavy Industry, Mining, Ports, Intensive Commercial uses, Convenience Retail uses, Warehouse/Distribution.
The intent of the land use classification is “to recognize areas suited for development of all industrial uses which may have objectionable aesthetics, or be associated with adverse noise, smoke, dust, or vibration impacts.
Comments: The intention of the Board when delineating the future land use classification areas for Pasco County was to establish light industrial with the intention of uses without objectionable aesthetic impact, and without adverse noise, smoke, dust, vibration, or glare impacts. Based upon a review of other concrete batch plants located in Pasco County, it is staff’s determination that this proposed small-scale development would be objectionable .
Chapter 2 Future Land Use Element Objective 5.4 Maintain and protect the natural and man-made environment and resources in a manner protective of the water supply.
Comments: Attachment No. 2 contains a letter from Paula Dye, Chief Environmental Planner of Tampa Bay Water, stating her concern for groundwater finding its way into the public supply.
Chapter 13, Economic Element, Economic Development Integrated with Planning, Objective 1.2 Policy 1.2.2
Continue efforts within Pasco County to identify and attract clean, light industries that are compatible with the county's quality of life, environment, and natural resources.
Comments: The type of proposed industrial development would be heavy industry and would be incompatible with the county’s quality of life, environment, and natural resources, as proposed for the subject site.
Chapter 13, Economic Element, Economic Development Integrated with Planning, Objective 1.1
The County shall develop and maintain programs designed to expand and enhance the County's economic base.
Comments: The type of proposed industrial development would add an additional concrete batching operation in Pasco County along S.R. 52. Currently there is one concrete batching operation located on Ehren Cutoff, approximately 4 miles west of the subject property, and ¼ mile south of S. R. 52. Another concrete batching operation has been approved on the east side of I-75, approximately 2 miles east of the subject property and ¼ mile north of S.R. 52 in the One Pasco Center Industrial Park. Siting another batch plant in this area could create a surplus of this product. Expanding and creating a surplus would not enhance the county’s economic base.
Based upon staff review of the Comprehensive Plan, analysis of the request, and information provided in the application, the Growth Management Department staff has determined that the proposed Future Land Use Classification change on 10 acres from IL (Industrial-Light) to IH (Industrial-heavy) would not be consistent with the Pasco County Comprehensive Plan, would be incompatible with existing and proposed development, and staff therefore recommends denial of the applicants request.
ALTERNATIVES AND ANALYSIS:
1. Adopt staff report as the LPA’s report to the Board, which includes the recommendation for denial of the proposed amendment.
2. Choose not to adopt staff report as the LPA’s report to the Board.
3. Direct staff to another course of action.
RECOMMENDATION AND FUNDING:
The Growth Management Department staff recommends that the LPA approve Alternative No. 1.
No funding is required for this action.
ATTACHMENTS:
1. Location Map
2. Letter from Paula Dye, Chief Environmental Planner of Tampa Bay Water
3. Copy of the Future Land Use Map (Sheet No. 13)
SPS/RT/GM02-571
APPROVED AGENDA ITEM FOR
DATE________________________
BY___________________________