HomeMy WebLinkAbout1997 07 28 Regular Item D
COMMISSION AGENDA
ITEM D
REGULAR X
CONSENT
INFORMATIONAL
July 28, 1997
Meeting
MGR. jlw--- !DE~
Authorization
REQUEST: Community Development Department requests the City Commission to approve
the first reading for adoption of an Ordinance 668 to change the future land use
designation ofa 1.37 acre parcel located on the north side of State Road 434 160
feet east of the intersection of State Road 434 and Wade Street from county
designation of "Suburban Estates (1 DU/acre) to the City's designation of
"Commercial" .
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the first reading
of Ordinance No. 668 to change the future land use designation of a 1.37 acre parcel in
the county enclave located on the north side ofS.R. 434 160 feet east of the intersection
of S.R. 434 and Wade Street from county designation of "Suburban Estates (1 DU/acre)
to the City's designation of "Commercial".
APPLICABLE LAW AND 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
activities 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].
JULY 28, 1997
AGENDA ITEM D
Page 2
CONSIDERA TIONS:
1. The Local Planning Agency on July 2, 1997 recommended to the City Commission
that the "Pitzer" property be redesignated from county "Suburban Estates (1 DU
per acre maximum) to "commercial" on the City's Official Future Land Use Map.
2. The Planning & Zoning Board on July 2, 1997 recommended to the City
Commission that the "Pitzer" property be rezoned from county A-I "Agriculture"
to C-l "Neighborhood Commercial" on the City's Official Zoning Map.
FINDINGS:
1. The proposed land use, development of the property for a commercial
establishment, is compatible with the commercial nature of S.R. 434.
2. The nearby parcels to the west and east are indicted as "Commercial" on the City's
Official Future Land Use Map, and therefore consistent and compatible with the
City's Comprehensive Plan.
3. The nearby parcels, except for the parcel at the corner of S.R. 434 and Wade
Street, which is designated C-2 are indicated as C-l "Neighborhood Commercial"
on the City's Official Zoning Map, and therefore the subject parcel's FLUM
designation would be consistent and compatible with the surrounding City's
zonmg.
4. There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for commercial pursuits.
5. The City can extend sewer, water and other urban services to the subject parcel
and adjacent parcels that it provides to other areas in the City.
6. The proposed commercial use is compatible with the natural environment of the
nearby area.
7. The proposed use of the property for a commercial pursuit, will have a positive
economic impact on the City.
JULY 28, 1997
AGENDA ITEM D
Page 3
RECOMMENDATION:
Staff recommends approval of the first reading of Ordinance No. 668 to change the future
land use Map designation on a 1.37 acre parcel from county Future Land Use Map
designation of "Suburban Estates" (maximum 1 DU per acre) to City Future Land Use
Map designation of "Commercial" based on:
1. The findings indicated above;
2. The recommendation of the Planning & Zoning Board that the City Commission
approve the change of future land use designation from county Future Land Use
Map designation of "Suburban Estates" (maximum 1 DU per acre) to City Future
Land Use Map designation of "Commercial"
IMPLEMENTATION:
The City Commission holds the first reading of Ordinance 668 to designate the 1.37 acre
parcel on the City's Future Land Use Map on July 28, 1997, and the second reading and
adopt Ordinance 668 on August 11, 1997. The ordinance takes effect 31 days after
adoption per 163 .3187(3)(a) Florida Statutes.
ATTACHMENTS:
1. Staff Report
2. Ordinance No. 668
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
LOCAL PLANNING AGENCY
REGULAR AGENDA ITEM:
II. B.
PITZER SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
(SM-CPA-4-97)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
The provisions of 163.3174(4) Florida Statutes which states "Be the agency (Local
Planning Agency) responsible for the preparation of the comprehensive plan or plan
amendment and shall make recommendations to the governing body regarding the
adoption or amendment of such plan. During the preparation of the plan or plan
amendment and prior to any recommendation to the governing body, th~ Local Planning
Agency shall hold at least one public hearing, with public notice, on proposed plan or pIan
amendment."
The provisions of Sec. 2-57 of the City Code which state in part ". . .the planning and
zoning board shall serve as the local planning agency pursuant to the county
comprehensive planning act and the local government comprehensive planning act of the
state. . ."
The provisions of 163.3187 F.S. which state in part "Small scale development
amendments adopted pursuant to the paragraph (l)(c) require only one public hearing
before the governing board, which shall be an adoption hearing. . .Small scale
development amendments shall not become effective until 31 days after adoption."
1. BACKGROUND:
APPLICANT:
Florence Pitzer
710 East State Road 434
Winter Springs, FL 32708
(407) 327-1738
OWNER:
Florence Pitzer
710 East State Road 434
Winter Springs, FL 32708
REQUEST:
For change of Future Land Use designation from Seminole County's designation of
"Suburban Estates" (maximum 1 DU per acre) to the City's designation of "Commercial". .'_
PURPOSE:
Applicant wants the 1.37 acre parcel to be developed as a "commercial business" utilizing
City water and sewer.
PROPERTY:
Location: Approximately 160 feet east of Wade Street, on the north side of State Road
434.
Legal Description: East Y2 of West 'l1 (less north 75' and Highway 434 Right-of-Way) of
Lot 42 of Entzminger Farms addition # 2 as recorded in Plat Book 5, Page 1, Public
Records of Seminole County. .
ACREAGE:
1.37 acres
PARCEL NUMBER:
34-20-30-5A W0000042A
EXISTING LAND USE OF SUBJECT PROPERTY:
Residential unit and two accessory structures (sheds); wooded area to the rear.
CHRONOLOGY OF SUBJECT PROPERTY:
Parcel was part of Lot 11 in Block C ofD.R. Mitchell's Survey of the Levy Grant on Lake
Jessup, Orange County surveyed in 1874. Parcel was part oflarge area split from Orange
County that became Seminole County. Parcel was included in the "planning area" for
future annexation as indicated on page 70 of the city's Comprehensive Plan adopted by
Ordinance 158 on September 26; 1977.
FUNDING:
No monies from the City are required.
II. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
Smllh:
E..a.s1 :
West:
vacant, partially wooded land with church.
S.R. 434; further south are vacant wooded parcels.
vacant partially wooded parcels.
vacant partially wooded parcels.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County designation) "Suburban Estates" (maximum 1 DU per acre)
Requested: (City designation) "Commercial".
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
Nill1h:
SQY1h:
East:
~:
"Moderate Density Residential".
S.R. 434 right-of-way; further south, "Commercial".
(county designation) "Suburban Estates".
"Moderate Density Residential".
ZONING OF SUBJECT PROPERTY:
Existing: (County designation) A-I "Agriculture"
Requested: (City designation) C-l "Neighborhood Commercial"
ZONING ADJACENT TO SUBJECT PROPERTY:
Nmt:h:
R-U "Rural Urban Dwelling District"
NOTE: Eliminated per Policy 1 under Objective A of Goal 3 of the Future
Land Use Element of the City's Comprehensive Plan. RC-l (maximum 1
DU per acre) substitutes in place ofR-U District.
Smlih:
C-l "Neighborhood Commercial".
~:
(County designation) A-I Agriculture (maximum 1 DU per acre).
~:
C-2 "General commercial and Industrial" at the comer; R-U along. east side
of Wade Street.
III. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application.
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a. Availability of Access:
S.R. 434 abuts this property on the south side.
b. Function Classification:
S.R. 434 is an urban arterial 4-lane east west roadway.
J
c. Improvements/expansions (including right-of-way acquisition) already
programmed or needed as a result of the proposed amendment.
None.
2. SANITARY SEWER, SOLID WASTE, STORMWATERMANAGEMENT,
POT ABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Developer would lay all water lines within the development and tap into the
trunk line running along Wade Street.
SANITARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Developer would lay all sewer lines within the development and tap into
the collector line at the intersection of Frank Street and Wade Street.
RE-USE WATER SYSTEM:,
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The nearest line is at Moss Road. Re-use tap in would not be required at
this time.
DRAINAGE/STORMW ATER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
If the property is developed, then the project must meet Sec. 9-241 City
Code requirements. Post development runoff cannot exceed pre-
development runoff. (Use 25 year storm, 24 hour storm standard)
Stormwater Calculations required in retention ponds are to be constructed
with storm pipes or swales. There must be a clear recorded easement for
the pipes and/or swales. The easement must be definitive for maintenance
of structural facilities.
SOLID WASTE:
a. Facilities serving the site.
The City has an exclusive franchise agreement with Browing Ferris
Industries for collection.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None, since this will be a commercial project with no residential
component.
B. LAND USE COMP ATIBlLITY:
1. SOlLS:
The soils on this property are: Basinger and Smyrna fine sands, depressional
(approximately 15% of the property towards S.R. 434) and Tavares-Millhopper
fine sands, 0 to 5% slopes. Concerning the Basinger and Smyrna fine sands,
depressional, the soils in this map unit are nearly level and very poorly drained.
These soils are in depressions. The slopes are dominantly less than 2% In their
natural state, the soils in this map unit are not suited to use for homesites,
commercial and recreational development, or sanitary facilities. The main
limitations are ponding and seepage. Concerning the Tavares-Ntillhopper fine
sands, 0 to 5% slopes, the soils in this map unit are nearly level to gently sloping
and moderately well drained. These soils are on low ridges and knolls on the
uplands. The slopes are nearly smooth to slightly convex. The soils in this map
unit are well suited to use for homesites, other urban use, or recreational
development.
2. TOPOGRAPHY:
The subject property and surrounding area have slight grade.
3. FLOOD PRONE AREA:
A review of the FEMA National Flood Insurance Program Rate Map
(12117COI30-E; April 17, 1995) indicates the subject parcel is not within the 100
year flood prone area.
4. NATURAL RESOURCES, HISTORIC RESOURCES.
No natural or historic resources have been found.
5. WILDLIFE AND SPECIES DESIGNATED AS ENDANGERED,
THREATENED OR SPECIAL CONCERN:
No federally listed endangered plants are known to exist in the county. It is
essential that surveys of such species be completed prior to site development of
parcels containing native vegetation communities. The subject parcel does not
have native vegetation communities due to prior clearing and replanting with long-
needle pine.
6. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDJ;NG LAND
USES.
The proposed future land use change from (cou.nty) "Suburban Estates" (maximum
1 DU per acre) to (City) "Commercial" will not negatively impact adjacent land
uses, since on the north side of S.R. 434 the surrounding parcels are largely
undeveloped. The parcels on the immediately to the west and east of the subject
parcel are vacant. Although this parcels is part of a county enclave, it fits in with
the S.R. 434 commercial corridor.
There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for commercial purposes. The adjacent parcel to
the west and east will eventually be utilized in the development of other
neighborhood commercial.
C. ECONOMIC DEVELOPMENT:
Development of a commercial establishment on the parcel will add to, and vary the City's
tax base, over that of existing residential.
D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
The subject parcel is scheduled to be annexed into the City on July 28, 1997 when the
second reading and public hearing on proposed ordinance 665 occurs. The proposed
small scale comprehensive plan amendment prompted by the annexation changing the
county designation "Suburban Estates" to the City designation of "Commercial" is
compatible with the general surrounding commercial land uses and Future Land Use Map
commercial land use designation to the east and west along S.R. 434.
IV. FINDINGS:
1. The proposed land use, development of the property for a commercial
establishment, is compatible with the commercial nature of S.R. 434.
2. The nearby parcels to the west and east are indicated as "Commercial" on the
City's Official Future Land Use Map, and therefore consistent and compatible with
the City's Comprehensive Plan.
3. The nearby parcels, except for the parcel at the corner of S.R. 434 and Wade
Street, which is designated C-2) are indicated as C-l "Neighborhood Commercial"
on the City's Official Zoning Map, and therefore the subject parcel is consistent
and compatible with the City zoning.
4.
There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for commercial pursuits.
5. The City can extend sewer, water and other urban services to the subject parcel
and adjacent parcels that it provides to other areas of the City.
6. The proposed commercial use is compatible with the natural environment of the
nearby area.
7. The proposed use of the property for a commercial pursuit, will have a positive,
significant economic impact on the City.
v. STAFF RECOMMENDATION:
Staff recommends the Local Planning Agency recommend approval to the City
Commission the request by Florence Pitzer, for a change from county Future Land Use
designation of "Suburban Estates" (maximum 1 DU per acre) to City Future Land Use
designation of "Commercial" on the 1.37 acre subject parcel.
ATT ACHMENTS:
Aerial View with property boundary superimposed.
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ORDINANCE NO. 668
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE MAP
DESIGNATION OF A CERTAIN PARCEL KNOWN AS
THE "PITZER" PROPERTY AND MORE
PARTICULARLY DESCRIBED BELOW FROM COUNTY
"SUBURBAN ESTATES RESIDENTIAL" TO CITY
"COMMERCIAL" 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 Map
(FLUM) designation from its present county designation of
"Suburban Estates Residential" to the City'S designation of
"Commercial" on the following real property situate in winter
Springs, Florida as a result of annexation (Ordinance 667) on
August 11, 1997:
EAST 1/2 OF WEST 1/2 (LESS NORTH 75' AND
HIGHWAY 434 RIGHT-OF-WAY) OF LOT 42 OF
ENTZMINGER FARMS ADDITION #2 AS RECORDED
IN PLAT BOOK 5, PAGE 1, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
WHEREAS, the City Commission for the City of
winter Springs, Florida has determined that the change of
Future Land Use Map designation of the above described
property will be consistent with the intent the City's
Comprehensive Plan and compatible with existing land uses in
adjacent areas.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the Future Land Use Map designation of county
"Suburban Estates Residential" (1 DU/acre maximum) to the City
designation of "Commercial" on the following described
property:
EAST 1/2 OF WEST 1/2 (LESS NORTH 75' AND
HIGHWAY 434 RIGHT-OF-WAY) OF LOT 42 OF
ENTZMINGER FARMS ADDITION #2 AS RECORDED
IN PLAT BOOK 5, PAGE 1, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
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
, 1997.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING