PASCO COUNTY, FLORIDA
TO: Honorable Chairman and DATE: August 9, 2002 FILE: GM02-1229
Members of the Board of
County Commissioners
THRU: Bipin Parikh, P.E. SUBJECT: Small-Scale Development Amendment
Assistant County Administrator (SSDA 02-05) From RES-3
(Development Services) (Residential-3du/ga) to ROR (Retail/Office/Residential)
Public Hearing: 8/20/02, 9:30 a.m., DC,
FROM: Samuel P. Steffey REFERENCES: Commission District 2
Growth Management Administrator CAC Planning District 5
It is recommended that the data herein presented be given formal consideration by 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 Board of County Commissioners shall not be limited to consideration of the particular property affected by the proposal. Each shall consider implications of the amendment on the Land Use Plan Map in the vicinity of the affected property and the development policies being pursued there.
BACKGROUND:
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 May 30, 2002 Dr. Robert Tannenbaum and Bank of America, owners, and Accountable Management & Realty, Inc., applicant, 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. Timothy G. Hayes, is designated as Agent of Record. This property is located along the eastern right-of-way for SR 54 abutting Stagecoach Village Subdivision to the east. The subject 5.28 acre parcel is currently undeveloped, and has the following Parcel Identification Number: 22-26-19-0000-00200-0020. The applicant is requesting a Future Land Use Classification change from RES-3 (Residential – 3 dwelling units per gross acre) to ROR (Retail/Office/Residential).
On July 9, 2002 the Pasco County Local Planning Agency adopted staff’s findings as the LPA’s report to the Board, and recommended that the Board approve transmittal of the proposed amendment to FDCA.
On July 17, 2002 the Board of County Commissioners directed staff to schedule the required public hearing for the Adoption of an Ordinance Amending the Pasco County Future Land Use Map pursuant to Chapter 163.3187(1)(c), Florida Statutes, Amendment of Adopted Comprehensive Plan, Small-Scale Development Amendments (Please See GM02-1145).
FINDING OF FACT:
Zoning History:
A brief history of the zoning is provided for consideration:
1. The properties abutting the subject parcel directly to the north and east have an original and existing A-C (Agricultural) zoning.
2. On October 28, 1980, the Board approved a rezoning for the subject parcel, as well as the parcel directly to the south, (RZ1415) from A-C (Agricultural) to AR-5 (Agricultural Residential) zoning. The subject parcel currently retains the AR-5 zoning, however the parcel abutting the site directly to the south was subsequently rezoned as noted below.
3. On August 22, 1989, the Board approved a rezoning for the parcel abutting the subject parcel directly to the south from AR-5 to C-2 (General Commercial) (RZ4235) and a subsequent Special Exception for a Communication Tower was approved by the Board on November 13, 1996 (SE5061).
4. On October 18, 1994, the Board approved a rezoning for the property located to the west of the site across SR54 from A-C and E-r (Estate Residential) zoning to MPUD (Master Planned Unit Development) (Stagecoach Village MPUD). Commercial uses were approved for the MPUD limited to Parcel 1 and to be developed with C-2 uses and development standards.
Current Zoning and FLU:
5. Surrounding Future Land Use (FLU) Classification, Current Zoning District (CZD), and Current Uses are as follows:
North: FLU RES-3 (Residential-3 du/ga)
CZD A-C (Agricultural)
CU Undevelopable Wetlands
East: FLU RES-3 (Residential-3 du/ga)
CZD A-C (Agricultural)
CU Undevelopable Wetlands
South FLU RES-3 (Residential-3 du/ga)
CZD C-2 (General Commercial)
CU Lumber Yard
West: FLU RES-3 (Residential-3 du/ga)
CZD MPUD (Master Planned Unit Development)
CU Mixed Use Residential/Commercial Development
6. Access to this site will be gained from SR 54.
7. There are no sidewalks in place along either side of SR 54 in this area.
8. The Public Transportation Division’s fixed route is not available in this area.
9. Utility infrastructure for water and sewer are in place along SR 54.
10. This area is not located within a coastal high hazard area.
11. The area surrounding the subject parcel is characterized by a mixture of residential and commercial uses along with vacant undevelopable wetland located to the north and east of the subject parcel.
12. There are no archaeological resources in close proximity to the subject property according to the Department of Sate Master Site File.
13. The property is located in a rapidly urbanizing area of the County.
14. The proposed amendment meets the State requirements for submittal of a small-scale development amendment request. The County has not changed the Future Land Use Classifications on any property in this calendar year pursuant to Section 163.3187(1)(c), Florida Statutes.
15. The following economic impact analysis shows the estimated impact cost for County Services required to meet the specific Level of Service stated in the County’s Comprehensive Plan.
Future Land Use Scenario Demand Cost
Existing: RES-3 Average Development Pattern $110,448
Proposed: ROR Proposed Development $944,606
Average Development Pattern:
RES-3: 90% Residential Development 10% Nonresidential Development with Floor Area Ratio of .27
PERTINENT COMPREHENSIVE PLAN POLICIES AND OBJECTIVES:
The following Pasco County Comprehensive Plan Policies appear to be pertinent in analyzing the proposed Small-Scale Development Amendment:
Provide predictable, yet flexible, commercial locations for business, maintain the vehicular capacity of public roads, and avoid linear "strip" commercial development.
Chapter 2, Future Land Use, Table 2-3
Retail/Office/Residential – Intent – to identify established areas exhibiting a broad range of commercial and residential uses, and to recognize the continued existence of such areas through the long-range planning time frame.
Chapter 2, Future Land Use Element, Commercial Development, Policy 3.1.6. Permit commercial development of a character, intensity, and location which complements surrounding land uses and public facilities.
Comments: Current abutting land use on the south side is zoned C-2 and is developed commercially. Additionally, the Stagecoach Village MPUD, located directly to the west of the site across SR 54, is approved for C-2 zoning. Properties to the north and east are undevelopable wetlands which will establish a buffer prohibiting any further commercial development on properties abutting parcels. In order to be utilized commercially, the subject parcel must undergo a rezoning to a commercial zoning district at which time, the site will be prohibited from developing as a mini-storage, or any other similar use.
Chapter 2, Table 2-3 Comprehensive Plan for Unincorporated Pasco County Future Land Use Classification System. The ROR (Retail/Office/Residential) Future Land Use Classification lists the general range of potential uses, which includes, light manufacturing, processing and assembling of goods. The intent of the land use classification is to identify established areas exhibiting a broad range of commercial and residential uses, and to recognize the continued existence of such areas through the long-range planning time frame. Also, to establish appropriate sites for the development of major future community - or region-serving commercial uses and to permit the land use intensities necessary to achieve this result.
Comments: The intent of the Pasco County Comprehensive Plan Future Land Use Classification for ROR is compatible with the proposed use of the subject parcel. This area of the county is an established area which allows for a range of commercial and residential uses.
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 development would be compatible with the county’s quality of life, environment, and natural resources, as proposed for the subject site. Industry in this case refers to the “commercial production and sale of goods and services.”
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 proposed land use change would add another diversified type of commercial development to Pasco County.
Chapter 13, Economic Element, Economic Development Integrated with Planning, Objective 1.4 Policy 1.4.1.
Provide for the location and clustering of major commercial and industrial activities
according to the following guidelines:
b. With access to appropriate utilities (water, sewer, electricity, gas, telephone) or to
allow for provision of these utilities.
c. With access to mass transit routes where feasible.
d. With on-site rail facilities, if appropriate, and available.
e. So as to have acceptable impacts to the natural environment and adjacent land
uses. (Consistent with Chapter 2, Goal 4, Objective 4.1.)
Comments: Each guideline above is addressed as follows:
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 5.28 acres from RES-3 (Residential-3du/ga) to ROR (Retail/Office/Residential) would be consistent with the Pasco County Comprehensive Plan, and staff therefore recommends approval of the applicant’s request.
ALTERNATIVES AND ANALYSIS:
1. Approve adoption of the proposed Small-Scale Development Amendment (SSDA 02-05); and approve and authorize the Chairman to sign the letter of transmittal to the Florida Department of Community Affairs.
2. Deny adoption of the proposed Small-Scale Development Amendment (SSDA02-05).
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. Existing Future Land Use Map
3. Proposed/Adopted Future Land Use Map
4. Letter of Transmittal to the Florida Department of Community Affairs
SPS/ktGM02-1229
APPROVED AGENDA ITEM FOR
DATE________________________
BY___________________________