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HomeMy WebLinkAbout1997 08 11 Regular Item C COMMISSION AGENDA ITEM C REGULAR X CONSENT INFORMATIONAL August 11. 1997 Meeting MGR 11 'nI'vDEPl-...., ~ ~ Authorization REQUEST: Community Development Department requests the City Commission hold a pulbic hearing to approve the second reading and adoption of an Ordinance 668 to change the future land use designation of a 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 (l DU/acre) to the City's designation of "Commercial". PURPOSE: The purpose of this Board Item is to request the Commission to approve the second reading of Ordinance No, 668 to change the future land use designation ofa 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 LA"V AND PUBLIC POLICY: The provisions of 163.3187(l)(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], AUGUST 11, 1997 AGENDA ITEM C 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-1 "Neighborhood Commercial" on the City's Official Zoning Map. 3. The City Commission approved the first reading of Ordinance 668 to change the future land use designation of a 1.37 acre parcel from county "Suburban Estates (1 DU per acre maximum) to "commercial" on the City's Official Future Land Use 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. AUGUST 11, 1997 AGENDA ITEM C Page 3 7, The proposed use of the property for a commercial pursuit, will have a positive economic impact on the City. RECOMMENDA TION: 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 would hold 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 AMENDlVIENT (SM-CPA-4-97) STAFF REPORT: APPLICABLE LAW AND PUBLIC POLICY: /-~~l, J 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, tht:; Local Planning Agency shall hold at least one public hearing, with public notice, on proposed plan or plan 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 plarming 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 (1)(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." I. BACKGROUND: APPLICANT: \ ._4' Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 (~07) 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". _' J 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. ,,--~, ,~1 Legal Description: East Y2 of West Y2 (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: ,\ J 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. IT. CONSIDERATIONS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North' vacant, partially wooded land with church. Smuh: S.R. 434; further south are vacant wooded parcels. East.: 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: 'C>' Nm:th: "Moderate Density Residential". Smuh: S.R. 434 right-of-way; further south, "Commercial", East: (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: tfurth: R-U "Rural Urban Dwelling District" NOTE: Eliminated per Policy I under Objective A of Goal 3 of the Future Land Use Element of the City's Comprehensive Plan, RC-I (maximum I DU per acre) substitutes in place ofR-U District. l ..:,J Smuh: C-I "Neighborhood Commercial". East: (County designation) A-I Agriculture (maximum 1 DU per acre), ~: C-2 "General commercial and Industrial" at the corner; 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. J- A. PUBLIC FACILITIES: 1. ROADS/TRAFFIC CIRCULATION: a. Availability of Access: S.R. 434 abuts this property on the south side, b. Function Classification: .~ , i'l ,~ S.R. 434 is an urban arterial 4-lane east west roadway. c. Improvements/expansions (including right-of-way acquisition) alreadv programmed or needed as a result of the proposed amendment. , , None. 2, SANITARY SE\VER, SOLID WASTE, STORMWATERMANAGEIv1ENT, POTABLE 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. DRAIN AGE/STORMW A TER: ,F"~I .....:;;.. 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 anclJor 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. !. ...Ii 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 COMPATIBILITY: 1. SOILS: ,r~j; '...d 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-N!i1Ihopper 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. .1 ". ~T No natural or historic resources have been found. 5. Wll...DLIFE AND SPECIES DESIGNATED AS ENDANGERED, TIIREATENED 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 SURROUND:rNG LAND USES. The proposed future land use change from (county) "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. ,0-) ~, 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. ECONONIIC 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/CO:MJ>ATIBILITY 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. N. 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 ofS.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. ,...."":t' J 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. , . ATTACIDvfENTS: Aerial View with property boundary superimposed. t , .:Ji.' PITZER PROPERTY :.j ~ u~".'" " , '.~ . '';4 :i:7 ..a; .;....~~. ';i:~f~ 2:1 EB ~2.0 -40 41. \ 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 ....-~ ,,=1 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 ll, 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 l, 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 I, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. /"'~ . . I '-.IT;;. SECTION II - If any section or portion of thts 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 ., ., _,..t FIRST READING POSTED SECOND READING AND PUBLIC HEARING :;,t ~'