HomeMy WebLinkAbout1997 07 28 Regular Item E
COMMISSION AGENDA
ITEM
E
REGULAR X
CONSENT
INFORMATIONAL
July 28, 1997
Meeting
MGR. a W\/ fDE~
Authorization
REQUEST: Community Development Department requests the City Commission to hold a
public hearing and approve the first reading for adoption of Ordinance No. 669, to
change the zoning designation of a 1. 3 7 acre parcel located on the north side of
State Road 434 approximately 160 feet east of Wade Street.
PURPOSE:
The purpose of this Board Item is to request the Commission to hold a first reading for
adoption of Ordinance No. 669 to change the zoning designati<?n of a 1.37 acre parcel
from county designation A-I "Agriculture" to City designation C-l "Neighborhood
Commercial" on the City's Official Zoning Map.
APPLICABLE LAW AND 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 a parcel or
parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c.F.S.].
JULY 28, 1997
AGENDA ITEM E
Page 2
CONSIDERATIONS:
1. The Planning & Zoning Board/Local Planning Agency, at its July 2, 1997 meeting
recommended approval to the City Commission the annexation of the 1.37 acre
parcel into the City, based on the findings indicated in the Staff Report on
annexation of this parcel.
2. The Future Land Use Map designation request for the 1.37 acre "Pitzer" parcel
was reviewed by the Planning & Zoning Board/Local Planning Agency on July 2,
1997 and the Board recommended to the City Commission that the parcel be
redesignated from county "Suburban Estates" (1 DU per acre maximum) to
"Commercial" on the City's Future Land Use Map, based on the findings indicated
in the Staff Report.
3. The Planning & Zoning Board at its July 2, 1997 meeting recommended approval
to the City Commission the rezoning of the 1.37 acre parcel from county A-I
"Agriculture" to City C-l "Neighborhood Commercial" on its Official Zoning
Map, based on the findings indicated in the Staff Report.
FINDINGS:
1. The owners proposed land use is compatible with the commercial nature of S.R.
434.
2. The adjacent and nearby parcels to the west and east are indicated as
"Commercial" on the City's Official Future Land Use Map.
3. The county has the parcel zoned A-I "Agriculture", which allows for crop
cultivation, grazing and pasturing of animals and related agricultural activities and
for residential on minimum 1 acre lots per (Sec. 30.' 122 County Land
Development Regulations page 30-61, 62).
4. Nearby parcels are indicated as C-l "Neighborhood Commercial" on the City's
Official Zoning Map, except for the northeast corner of Wade Street and S.R. 434,
which is designated C-2.
JULY 28, 1997
AGENDA ITEM E
Page 3
RECOMMENDA TION:
Staff recommends approval of the first reading for adoption of Ordinance No. 669 to
change the Zoning designation from county A-I "Agriculture" to City C-l "Neighborhood
Commercial" on a 1.37 acre parcel based on:
1. The findings indicated above;
2. The recommendation of the Planning & Zoning Board at its July 2, 1997 meeting.
IMPLEMENTA TION SCHEDULE:
The City Commission would hold a second reading on August 11, 1997 and adopt
Ordinance 669 to change the Zoning Map designation from county A-I "Agriculture" to
City C-l "Neighborhood Commercial" on the City's Official Zoning Map. The ordinance
to change the City's Official Zoning Map would take effect thirty-one (31) days after
adoption [ref 163.3187(3)(a) F.S.].
ATTACHMENTS:
1. Staff Report to P & Z Board.
2. Ordinance No. 669.
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
REGULAR AGENDA ITEM:
II. C.
PITZER REZONING (REZ-4-97)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend
to the City Commission the boundaries of the various original zoning districts. . .and any
amendments thereto. . .acto on measures affecting the present and future movement of traffic, the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning."
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 a change of zoning designation from Seminole County's designation of A-I
"Agriculture" to the City's designation ofC-l "Neighborhood Commercial".
PURPOSE:
Applicant wants the 1.37 acre parcel to be developed as commercial property.
PROPERTY:
Location: Approximately 160 feet east of Wade Street, on the north side of State Road
434..
Legal Description: East 1f2 of West 1f2 (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. 3 7 acres
PARCEL NUMBER:
34-20-30-5A W0000042A
EXISTING LAND USE OF SUBJECT PROPERTY:
Residential unit and two accessory structures (sheds), wooded area to tqe rear.
CHRONOLOGY OF SUBJECT PROPERTY:
Parcel was part of Lot 11 in Block c ofD.R. MitcheIl'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, lQ77.
FUNDING:
No monies from the City are required.
ll. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, partially wooded land with church.
Smrth:
S.R. 434; further south are vacant wooded parcels.
~: vacant partially wooded parcels.
West: 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:
NQJ1h:
Sm.llh:
~:
West:
"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:
Nm:th:
.s.muh:
~:
~:
R-U "Rural Urban Dwelling District".
NOTE: Eliminatec;i 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.
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.
II. REZONING ANALYSIS:
THE FOLLOWING SU1vfMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
A. mSTIFICATION FOR REZONING:
1. The applicant has requested annexation into the City of 1.37 acres prompting a
small scale comprehensive plan amendment.
2. The owner proposes developing the parcel for neighborhood commercial and
therefore has requested the City's C-l "Neighborhood Commercial" zoning
designation
B. NUISANCE POTENTIAL OF PROPOSED REZONIN'G TO SURROUNDING LAND
USES:
1. The applicant's proposed zoning change from county zoning designation
"Suburban Estates" to the City's zoning designation of C-l "Neighborhood
Commercial District" is the same zoning of the nearby parcels along S.R. 434,
except the northeast corner parcel at S.R. 434 and Wade Street, which is zoned
C-2 "General Commercial and Industrial".
2. The applicant's proposed zoning is compatible with the commercial nature of
S.R. 434 and the existing commercial establishments in the area.
ill. FINDINGS:
*
The owners proposed land use is compatible with the commercial nature of
S.R. 434.
*
The adjacent and nearby parcels to the west and east are indicated as
"Commercial" on the City's Official Future Land Use Map. '
*
The cou'nty has the parcel zoned A-I "Agriculture", which allows for crop
cultivation, grazing and pasturing of animals and related agricultural activities and
for residential on minimum 1 acre lots per (Sec. 30.122 County Land Development
Regulations page 30-61,62).
*
Nearby parcels are indicated as C-l "Neighborhood Commercial" on the City's
Official Zoning Map, except for the northeast corner of Wade Street and S.R. 434,
which is designated C-2.
IV. STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board recommend approval to the City
Commission the request for rezoning, by Florence Pitzer, of the 1.37 acre parcel from
county zoning designation A-I "Agriculture" to City zoning designation C-l
"Neighborhood Commercial District", based on the findings above.
ATTACIDvlENTS:
Aerial View with Pitzer property boundary superimposed.
ORDINANCE NO. 669
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PARCEL
KNOWN AS THE "PITZER" PROPERTY AND MORE
PARTICULARLY DESCRIBED BELOW FROM COUNTY
A-1 "AGRICULTURE" TO CITY C-1
"NEIGHBORHOOD COMMERCIAL" 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 county designation of A-1 "Agriculture" to City
designation C-1 "Neighborhood Commercial" on the following
real property situate in winter Springs, Florida as a result
of adoption of 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, RECORDS OF
SEMINOLE COUNTY, FLORIDA.
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 county Future Land Use Map
designation of "Suburban Estates" (1 DU per acre maximum) to
the City's designation of C-1"Neighborhood Commercial" on the
same property;
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the county zoning designation of A-1 "Agriculture'''' to
the City's zoning designation of C-1 "Nieghborhood 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, RECORDS OF
SEMINOLE COUNTY, FLORIDA.
SECTION II - That the City commission of the City of
winter Springs has determined that the zoning designation of
C-1 "Neighborhood Commercial" would be compatible with the
surrounding properties maintaining the commercial character of
the area towards the east and west of the subject property,
and be consistent with the City'S Comprehensive Plan future
land use designation of "Commercial", 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
C-1 "Neighborhood Commercial".
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 immediately
adoption, in accordance with 166.041(3) (c) 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