HomeMy WebLinkAbout1996 10 14 Regular Item E
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COMMISSION AGENDA
ITEM
E
REGULAR X
CONSENT
INFORMATIONAL
October 14. 1996
Meeting
MGR.Ii~ /DEPT.
Authorization
REQUEST:
ComnlUnity Development Division requests the Commission to approve the
second reading for adoption of an ordinance changing the Future Land Use
designation of the Morrison property (William H. Morrison, Trustee)
located on the south side of S.R. 434 from "Commercial" to "Mixed Use".
PURPOSE:
The purpose of this Board item is to request the Commission to approve the second
reading for adoption of an ordinance to change the Future Land Use Map designation of
the Morrison property (5 acres) property from "Commercial" to "Mixed Use".
APPLICABLE LAW/PUBLIC POLICY:
The provisions of 163.3187(1)(c) F.S. which states in part "Any local government
comprehensive plan amendments directly related to proposed small scale development
activites may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan."
A local government is not required to comply with the requirements of 163 .3184(15)( c)
F.S. concerning the holding of two (2) public hearings for adoption of a small scale
amendment if the local government complies with the provisions of 166.041(3)(c) F.S. for
a municipality [i.e. no transmittal public hearing to send the amendment to the Florida
Department of Community Affairs].
October 14, 1996
AGENDA ITEM E
Page 2
FINDINGS:
1. The applicant has agreed to develop the subject parcel with commercial and
residential (single family) uses on the site. The site is located on the south side of
the S.R. 434 Corridor approximately 954 feet west of Winding Hollow Blvd., and
extending further west with a frontage of 265 feet. The south property line abuts
the Florida Power easement.
2. The S.R. 434 Corridor has been designated on the Future Land Use Map in the
City's Comprehensive Plan for commercial uses in that general area.
3. The change of Future Land Use Map' designation from "Commercial" to "Mixed
Use" is compatible with the City's Comprehensive Plan which designates .
Commercial Land Use for the subject property, and which reflects the concept of
State Road 434 being a commercial corridor.
4. The City Commission approved the first reading of an ordinance on September 9,
1996 to change the Future Land Use Designation of the parcel from "Commercial"
to "Mixed Use".
RECOMMENDATION:
Staff recommends approval of the second reading for adoption of an ordinance
(contingent upon the successful execution of a Development Agreement between the
applicant and the City) to change the Future Land Use Map designation of the subject
property from "Commercial" to "Mixed Use". This change would serve as a means of
making the project more economically viable, providing an excellent residential transition
to the Winding Hollow residential subdivision adjacent to the south, giving the property
owner and developer more flexibility to use the property, and providing for a land use
change more consistent with that currently provided for in the City's Comprehensive Plan.
The property would be rezoned to Planned Unit Development (PUD) with the
understanding (through a Developer's Agreement) that:
*
the front portion of the parcel (approximately 264 feet wide by 200 feet
deep on the north portion of the Morrison parcel will be commercial and
the balance will be residential;
*
A wall will be required between the commercial and residential and S.R.
434 right-of-way and the residential land uses.
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October 14, 1996
AGENDA ITEM E
Page 3
IMPLEMENTATION SCHEDULE:
This Ordinance shall take effect thirty-one (31) days after its final passage and adoption in
accordance with 163.3187(3)(a) F.S.
ATTACHMENTS:
1. Location Map of Morrison property.,
2. Ordinance: Morrison Property from "Commercial" to "Mixed Use".
COMMISSION ACTION:
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ORDINANCE NO. ~ I)
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF A CERTAIN
PARCEL KNOWN AS THE MORRISON PROPERTY AND
MORE PARTICULARLY DESCRIBED BELOW FROM
"COMMERCIAL" TO "MIXED USE" PURSUANT TO
163.3187 and 166.041 FLORIDA STATUTES;
PROVIDING FOR THE AMENDMENT OF THE FUTURE
LAND USE 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 change the future land use from its
present designation of "Commercial" to "Mixed Use" on the
following real property situate in winter Springs, Florida:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY~
DESCRIBED AS FOLLOWS:
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD. 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 8353'17" E
ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53' 16" W
ALONG SAID LINE FOR A DISTANCE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
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WHEREAS, the City Commission for the City of
winter Springs, Florida has determined that the change of
future land use of the above described property will be
consistent with the intent the City's Comprehensive Future
Land Use Map to keep the S.R. 434 Corridor commercial; that
the "Mixed Use" designation will create lesser impact on
infrastructure such as traffic on the arterial roadway, S.R.
434; that the City commission of the City of winter Springs
has determined that a future land use designation of "Mixed
Use" with the understanding that the front portion of the
property would be commercial and the rear portion would be
residential would be compatible with the surrounding
residential properties' to the south and southwest of the
subject property; that "Mixed Use" land use designation will
allow for greater Ad Valorem Tax yield as a result of the
front portion of the property developing as commercial.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the future land use designation of "Commercial" to
"Mixed Use" on the following described property:
THAT PORTION OF LOT "F", CHASE AND
SUBDIVISION OF WAGNER, ACCORDING TO
THEREOF AS RECORDED IN PLAT BOOK 6, PAGE
PUBLIC RECORDS OF SEMINOLE COUNTY,
DESCRIBED AS FOLLOWS:
COMPANY'S
THE PLAT
64 OF THE
FLORIDA,
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT "F" AND
RUN N 07 00' 49" W ALONG THE WEST LINE OF SAID LOT
"F" FOR A DISTANCE OF 822.14 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023
OF SAID PUBLIC RECORDS; THENCE RUN N 8353'17" E
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ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF
264.93 FEET; THENCE RUN S 07 00'49" E FOR A
DISTANCE OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53' 16" W
ALONG SAID LINE FOR A DISTANCE OF 264.93 FEET TO
THE POINT OF BEGINNING. CONTAINING 5.0 ACRES MORE
OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
SECTION II - 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 III - That all Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION IV - This Ordinance shall take effect thirty-one
(31) days after adoption, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
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ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
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