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HomeMy WebLinkAbout1996 10 14 Regular Item F COMMISSION AGENDA ITEM' F REGULAR X CONSENT INFORMATIONAL October 14. 1996 Meeting MGR/iev- IDEPT. Authorization REQUEST: Community Development Division requests the Commission to approve the second reading for adoption of an ordinance to rezone the Leffier property from (R-U) "Rural Urban" to (PUD) "Planned Unit Development" PURPOSE: The purpose of this Board item is to request the Commission to approve the second reading of an ordinance to rezone the Leffier property from (R-U) "Rural Urban" to (PUD) "Planned Unit Development" consistent with the property owner's request for redesignation of the property from "Commercial" to "Mixed Use" on the Future Land Use Map. APPLICABLE LA W/PUBLIC POLICY: The provisions of 166.041(3)(c) F.S. which states in part "Ordinances initiated by other than the municipality that change the actual Zoning Map designation of a parcel or parcels ofland shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of parcel or parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c. F.S.] 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 525 feet west of Winding Hollow Blvd., and estending further west with a frontage of 429 feet. The south property line abuts the Florida Power easement. October 14, 1996 AGENDA ITEM F Page 2 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 proposed zoning designation ofPUD is consistent the Mixed Use Future Land Use Map designation. 4. 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. 5. 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 that the City Commission approve the second reading for adoption of an ordinance to change the Zoning Map designation of the Leffler property located on the south side of S.R. 434 from (R-U) "Rural Urban" to (PUD) "Planned Unit Development". 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 95 feet wide by 200 feet deep on the northwest portion of the Leffler 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. 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. r October 14, 1996 AGENDA ITEM F Page 3 ATTACHMENTS: 1. Location Map of Leffler property. 2. Ordinance: Leffler Property from (R-U) Rural Urban to (PUD) Planned Unit Development. COMMISSION ACTION: ORDINANCE NO. 629 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING OF A CERTAIN PARCEL KNOWN AS THE LEFFLER PROPERTY AND MORE PARTICULARLY DESCRIBED BELOW FROM (R-U) "RURAL URBAN" TO (PUD) PLANNED UNIT DEVELOPMENT" DISTRICT 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 change the zoning designation from its present designation of R-U "Rural Urban" to PUD "Planned unit Development" District on the following real property situate in winter Springs, Florida: THAT PORTION OF LOT "F", CHASE AND COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 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 83 53'17" E ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL 105- WATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF SAID PUBLIC RECORDS; THENCE RUN S 07 01'30" E ALONG SAID LINE 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 694.30 FEET THE POINT OF BEGINNING. LESS: THAT PORTION OF LOT "F", CHASE AND COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 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 83 53' 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 8.01 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASEMENTS OF RECORD. WHEREAS, the City Commission for the City of winter Springs, Florida has determined that the change of zoning designation of the above described property will be consistent with the change of future land use designation from "Commercial" to "Mixed Use" on the same property indicated in Ordinance 626; and that changing the zoning designation to PUD "Planned unit Development" District will allow the property owner to develop the northwest corner of the property to a depth of two hundred feet (200') as commercial and the remaining portion of the property as single family residential compatible with what is found adjacent to the south and southwest of the property. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of winter Springs, hereby changes the zoning designation of R-U "Rural Urban" to PUD "Planned unit Development" District on the following described property: THAT PORTION OF LOT "F", CHASE AND COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6 , PAGE 64 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 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 83 53'17" E ALONG SAID RIGHT-OF-WAY LINE FOR A DISTANCE OF 694.14 FEET TO A POINT ON THE WEST LINE OF PARCEL 105- WATER RETENTION AREA, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF SAID PUBLIC RECORDS; THENCE RUN S 07 01'30" E ALONG SAID LINE 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 694.30 FEET THE POINT OF BEGINNING. LESS: THAT PORTION OF LOT "F", CHASE AND COMPANY'S SUBDIVISION OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 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 83 53' 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 8. 01 ACRES MORE OR LESS AND BEING SUBJECT TO ANY RIGHTS-OF-WAY, RESTRICTIONS AND EASEMENTS OF RECORD. SECTION II - That the City commission of the City of winter Springs has determined that a zoning designation of PUD "Planned unit Development" would be compatible with the surrounding residential properties to the south and southwest of the subject property and with the City's Comprehensive Plan per Ordinance 626, 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 subject property within the zoning designation of PUD "Planned unit Development" District. 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 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 ATTEST: CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING