HomeMy WebLinkAbout1996 02 12 Regular Item F
COMMISSION AGENDA
ITEM F
REGULAR X
CONSENT
INFORMATIONAL
FEBRUARY 12.1996
Meeting
REQUEST: General Services Department (Community Development Division) Requesting
consideration of adoption upon Second Reading of Ordinance No. 615 changing
the Zoning Map from R-U "Rural Urban" to C-l "Neighborhood Commercial" on a
certain parcel of land known as the Mestdagh property.
PURPOSE: The purpose of this Board item is to change the Official Zoning Map from R-U
"Rural Urban" to C-1 "Neighborhood Commercial" on a certain parcel ofland
known as the Mestdagh property. In accordance with 166.041 Florida Statutes a
first reading and second reading at a Public Hearing are required.
CONSIDERATIONS:
The applicant states "The purpose of the request is to make the land use
classification and zoning of the subject parcel consistent with that of the adjacent
parcel. . .At the time of purchase, the former owner represented to the applicant
that both parcels were zoned C-1, with a land use classification of commercial.
However, only that half of the property immediately adjacent to Wade Street is
zoned C-l and has a land use classification of commercial. II
November 09, 1995 - The Planning and Zoning Board reviewed the request by
Mr. Rene Mestdagh, owner of the property, to rezone the
parcel from R-U "Rural Urban" to C-1 "Neighborhood
Commercial" and unanimously recommended approval.
February 12, 1996
AGENDA ITEM NUMBER
Page 2
F
January 22, 1996
- The City Commission held a first reading on the
request to rezone the parcel from R-U "Rural Urban"
to C-1 "Neighborhood Commercial" and voted to
approve it.
1. This zoning request will be consistent with the Comprehensive Plan if the City
Commission approves Ordinance Number 614 changing the future land use
designation of the Mestdagh property from "Moderate Density
Residential" to "Commercial".
2. The adjacent areas to the north and west (west portion ofMestdagh property)
of the subject parcel are designated "Commercial" on the Future Land Use
Map.
3. There should be no significant negative impact on adjacent land uses, as a
result of the property being redesignated on the Future Land Use Map as
IICommercial1l and used in the future for a small scale commercial operation
such as indicated in the C-l "Neighborhood Commercial" Zoning District.
4. The use of both the east and west portions of the property as small scale
commercial would allow a more viable commercial operation with larger
square footage and road frontage (280').
February 12, 1996
AGENDA ITEM NUMBER F
Page 3
RECOMMENDATION:
Recommend the City Commission consider approving the request by Mr. Rene Mestdagh
for rezoning of the east portion of his property on the Official Zoning Map from
R-U "Rural Urban" to C-1 "Neighborhood Commercial", contingent upon the adoption of
the related Ordinance No. 614 (chaning the future land use designation from "Moderate
Density Residential" to "Commercial").
IMPLEMENTATION SCHEDULE:
This Ordinance shall take effect thirty-one (31) days after adoption.
ATTACHMENTS:
1. Vicinity Map (property in black).
2. Existing Zoning Map designation.
3. Proposed Ordinance Number 615.
COMMISSION ACTION:
"
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
PLANNING AND ZONING BOARD AGENDA ITEM:
III. A.
OLD BUSINESS
MESDAUGH REZONING FROM "R-U
NEIGHBOR COMMERCIAL".
RURAL URBAN" TO "C-1
REZ -1- 95
STAFF REPORT
I. SUMMARY:
APPLICANT:
Robert L. Harding
Smith, williams & Humphries
201 East pine street, suite 701
Orlando, FL 32801
849-5151
OWNER:
Rene Mestdagh, as Trustee
8506 Bay Hill Blvd.
Orlando, FL 32819
REQUEST:
For change of Zoning from "R-U Rural Urban" to "C-1 Neighbor
Commercial".
NOTE:
The R-U zoning district was eliminated per Policy 1
of Objective A of Goal 3 of the Comprehensive Plan
due to the "Rural Residential Land Use
Classification" being eliminated in the
Comprehensive Plan. Those areas formerly in the
R-U zoning district are now subsumed in the RC-1
"Single-family Dwelling District".
\
I
.. ,
"
PURPOSE:
The applicant states "The purpose of the request is to make
the land use classification and zoning of the subject parcel
consistent with that of the adjacent parcel, of the North 375
feet along the eastern right-of-way of Wade street of the west
1/4 of Lot 41, which is also owned by the applicant. The
applicant purchased the two parcels. They were purchased
together as one parcel by the applicant on July 3, 1986. At
the time of purchase, the former owner represented to the
applicant that both parcels were zoned C-1, with a land use
classification of commercial. However, only that half of the
property immediately adjacent to Wade street is zoned C-1 and
has a land use classification of commercial.
PROPERTY:
Location: Southeast corner of the intersection of Wade Street
and S.R. 419.
Leqal Description: The north 375 feet as measured along the
eastern right-of-way of Wade Street of the west 1/2 of Lot 41
Entzminger Farms, Addition No.2, as recorded in Plat Book 5,
Page 9 of the Public Records of Seminole County, Florida, less
the north 375 feet along the right-of-way of Wade Street of
the west 1/4 of Lot 41, Entzminger Farms, Addition No.2, as
recorded in Plat Book 5, Page 9 of the Public Records of
Seminole County, Florida.
ACREAGE:
Application states 1.5 +/-; Sign posted on the lot indicates
+/- 2 acres.
EXISTING LAND USE:
Vacant; vegetative cover.
FUTURE LAND USE DESIGNATION:
Existing:
Commercial on west portion of the parcel and
Rustic Residential on the east portion. (R-U
Rural-Urban zoning category was eliminated
with the elimination of the Rural Residential
land use classification).
Requested:
Commercial on the east portion of the parcel.
ZONING:
l
l
Existing:
C-1 on the west portion of the parcel and R-U
Rural-Urban on the east portion.
Requested:
C-1 on the east portion of the parcel.
ADJACENT USES:
North:
Vacant; vegetative cover.
South:
Small church on large grassed area.
East:
Residential; single family.
West:
Residential; single family subdivision.
ll. REZONING ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
A. JUSTIFICATION:
Applicant has requested redesignation of the eastern portion
of the parcel from "moderate Density Residential" to
"Commercial" on the Future Land Use Map of the City'S
Comprehensive Plan. If approved, then the eastern portion of
the parcel should be changed from the present R-U (RC-1)
zoning to a commercial zoning district.
The surrounding commercial zoning district, to the east and
north along S.R. 419 is C-1. The parcel immediately to the
east which is a county enclave is zoned A-1 Agriculture
(County FLUM designation "Suburban Estates - 1 DU/acre).
The permitted uses in the C-1 district are generally less
intrusive or noxious than those in the C-2 district.
B. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The proposed zoning change from "R-U" (RC-1) "Single-
family Dwelling" district to C-1 "Neighborhood
Commercial" should have no significant negative impact on
adjacent land uses, as a result of the property being
used in the future for a small scale commercial operation
such as indicated in the C-1 "Neighborhood Commercial"
Zoning District.
In the development of this property, the Site Plan Review
Board, as indicated in Sec. 9-347 City Code, will review.
for "compliance with all city ordinances, for conformity
with the city's comprehensive plan, for compatibility
with locally recognized values of community appearance
and design, for conformity with the guidelines
vehicular traffic access, ingress, egress, internal
circulation, parking; concerning emergency vehicle access
and concerning pedestrian movement; for assurances of
satisfactory utility service for the health and welfare
of the community; to assure compatibility with other
improvements and the need for adequate light, air, access
and privacy; to assure that the natural qualities and
characteristics of the land will be preserved and that
the project site will be appropriately landscaped and
provisions established for the maintenance of same; to
assure that adequate setbacks will be provided within the
planned project and that provisions are made for the
supervision and maintenance thereof; and to assure that
the aesthetic and architectural details of the planned
proj ect are compatible with the surrounding area and
serve to enhance the character of that area. The site'
plan shall be reviewed by the board and approved,
disapproved or properly referred by such board in
accordance with the results of its review."
The subject parcel is directly bordered on the north by
S.R. 419 with vacant land with vegetative cover to the
north of the right-of-way and beyond that the CSX
railway. To the east is a single-family residence and
vacant land wi th vegetative cover to the east of the
residence. To the south is a small church on a large
grassed area. To the west, across Wade Street, is a
residential, single family subdivision.
According to Sec. 20-231 of the City Code: "The C-1
Neighborhood Commercial District consists of lands
abutting certain principal streets, the frontages of
which are especially adaptable to selected low-traffic-
generating uses. Adjoining these lands are residential
districts that would be adversely affected by a greater
diversification of uses creating serious problems of
traffic movement and generation. The district is
designed to promote spaciousness of land use."
c. ECONOMIC DEVELOPMENT:
Location of small commercial activity(s) on the parcel should
add to the City's tax base.
D. COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
The proposed rezoning would be compatible with the Future Land
Use Map designation of "Commercial" that has been requested in
place of "Moderate Density Residential" .
ITL STAFF RECOMMENDATION:
staff recommends that the Planning and Zoning Board recommend
approval to the City Commission on the request by Rene Mestdagh for
change of zoning from R-U (RC-I) "Single-family Residential" to C-I
"Neighborhood Commercial" on the east portion of the property.
----~ ~
:'-.':!-~'~-~il~;~:0~ ~~~=-~..-
s;--:",...
-~
_.~~~..~~Nt~.
-.
--~
--;~","""'N~~r.-rt~.",I......:"'':"''''."""",,"_..~:--r
,~
"
::
10
OLD S~D
11.0
MPANY
-----------
33
31
~
r
..
.
w
..
~
:a
-~
'"
~
..
~
-::
:=
B1.OCX D
. "",''';'J'~';'/,''.;,t ~,\;"\i""~'.' ','," ,
ll,I.I', .
" "l
..
~
...
/~ WIN
'G
2
/2.
s
..~
'-1
14
c-;
Ij
16
.
~.
:..... 1- J.t - _
~
31
.
A-j
3/
7.8
.i~:';(';""A::..,1''\:' :.t\.':I'I,:l':\':I'\'~{\" ....;. ':'..,.;..}:,I. '~1 1':--;'.. ...:':-\ ~ .I..~;~t .........., ;1.", 'J,ll....; ~".~ I.~..
ZONING
. . ....1. :;'.J~:l:l'-~,:I, ';-::~:~A7.""'" 'JI'" j ~J:~" "~.'.,
....', . I .
I.,
....... .--
.. ~'~. ~~::_.--
.. ........ .............-. .
'. .. .--...... ..-.. ,.
;\
ORDINANCE NO.
615
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
REZONING THE NORTH 375 FEET AS MEASURED
ALONG THE EASTERN RIGHT OF WAY OF WADE
STREET OF THE WEST 1/2 OF LOT 41
ENTZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LESS THE NORTH 375 FEET ALONG
THE RIGHT OF WAY OF WADE STREET OF THE
WEST 1/4 OF LOT 41, ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9, PUBLIC RECORDS OF SEMINOLE
COUNTY, FL. FROM THE PRESENT ZONING
CATEGORY RURAL URBAN (R-U) TO
NEIGHBORHOOD COMMERCIAL (C-1) PURSUANT TO
166.041 FLORIDA STATUTES; PROVIDING FOR
THE AMENDMENT OF THE OFFICIAL ZONING MAP;
SEVERABILITY; CONFLICTS AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of
winter Springs, Florida has determined it to be in the best
interests of the health, safety and welfare of the citizens of
winter Springs, Florida to rezone from its present zoning
category of Rural Urban (R-U) to Neighborhood Commercial (C-1)
the following real property situate in winter Springs,
Florida:
THE NORTa 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE RIGHT OF WAY OF WADE
;\
;:'
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
WHEREAS, the City Commission for the City of
Winter springs, Florida has determined that the rezoning of
the above described property will make it conform with the
present zoning category of the west portion of the property
and with the Winter Springs Comprehensive Plan.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
rezones from its present zoning category Rural Urban (R-U) to
Neighborhood Commercial (C-1) the following described
property:
THE NORTH 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE RIGHT OF WAY OF WADE
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
SECTION II - That the City Commission of the City of
Winter Springs has determined that a zoning category of
Neighborhood Commercial (C-1) would be compatible with the
west portion of the property and with the surrounding
properties within the City and with the City'S Comprehensive
Plan and with the passage of this Ordinance the City
commission does hereby amend the Official Zoning Map of the
~
.'
,.
,
City of winter Springs, Florida, to include the east portion
of the subject property within the above designated zoning
category.
SECTION III - If any section or portion of this Ordinance
proves to be invalid, unlawful or unconstitutional, it shall
not be held to invalidate or impair the validity, force or
effect of any other section or portion of a section or
subsection or part of this Ordinance.
SECTION IV - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION V - This Ordinance shall take effect thirty-one
(31) days after its adoption.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
ATTEST:
CITY CLERK
FIRST READING January 22, 1996
January 23, 1996
POSTED
SECOND READING AND PUBLIC HEARING February 12, 1996