HomeMy WebLinkAbout1997 09 08 Regular Item F
COMMISSION AGENDA
ITEM F
REGULAR X
CONSENT
INFORMATIONAL
September 8, 1997
Meeting
REQUEST: The Community Development Department - Planning Division requests the City
Commission approve the first reading for adoption of Ordinance 681 to change the
future land use designation of a 1.47 acre parcel located approximately 700 feet
west of the intersection of Wade Street and Old Sanford-Oviedo Road, on the
south side of Old Sanford-Oviedo Road, from county designation of "Industrial"
to the City's designation of "Industrial".
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the first reading
of Ordinance No. 681 to change the future land use designation ofa 1.47 acre (Bracco)
parcel in a county enclave from county designation "Industrial" to the City's designation
of "Industrial".
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].
SEPTEMBER 8, 1997
AGENDAITEM F
Page 2
CONSIDERA TIONS:
1. The Local Planning Agency on August 20, 1997 recommended to the City
Commission that the "Bracco" property be redesignated from county "Industrial to
"Industrial" on the City's Official Future Land Use Map.
2. The Planning & Zoning Board on August 20, 1997 recommended to the City
Commission that the "Bracco" property be rezoned from county M-l "Industrial
District" to C-2 "General Commercial and Industrial" on the City's Official Zoning
Map.
FINDINGS:
1. The existing land use, and further development of the property as an industrial
establishment, is compatible with the dominant existing industrial land use of Old
Sanford-Oviedo Road.
2. The nearby parcels to the north, west and east in the county enclave nad the City
are indicated as "Industrial" on the City's Official Future Land Use Map, and
therefore consistent and compatible with the City's Comprehensive Plan.
3. The nearby parcels to the north, west, and east in the countyu enclave are
designated M-l "Industrial District" on the county Zoning Map. The surrounding
properties on the north, east and west outside of the county enclave are designated
C-2 "General Commercial and Industrial" on the City's Official Zoning Map.
Therefore the subject parcel is consistent and compatible with City
4. There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for industrial 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 existing industrial use is compatible with the natural environment of the nearby
area.
7. The existing and continued use of the property for an industrial pursuit, will have a
positive, significant economic impact on the City,
SEPTEMBER 8, 1997
AGENDA ITEM F
Page 3
RECOMMENDATION:
Staff recommends approval of the first reading of Ordinance No. 681 to change the future
land use Map designation on a 1.47 acre (Bracco) parcel from county Future Land Use
Map designation "Industrial" to City Future Land Use Map designation of "Industrial"
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 "Industrial" to City Future Land Use Map designation of
"Industrial"
IMPLEMENTATION:
The City Commission would hold the second reading and adopt Ordinance 681 on
September 22, 1997. The ordinance takes effect 31 days after adoption per
163.3187(3)(a) Florida Statutes.
ATTACHMENTS:
1. Staff Report
2. Ordinance No. 681
COMMISSION ACTION:
EfflUENT DISPOSAl.
(PERC. PONOS)
1
, I
N
BRACCO PARCEL
7
4.0
f
ii-
.
;'
10.
~
EB
13.B BLOCK C
~.
.,'11
-
.. _'_h _ .
- -
. -
h___ _.~ ....... ,.~.,,_. Ok ..._ -'_.' _. ........~._._...._...~__.. _ __.. ._....._._........-..-...
"
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. C.
BRACCO SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
(SM-CP A-5-97)
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, the 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 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 (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:
Frank Bracco
621 Morgan Street
Winter Springs, FL 32708
(407) 327-6000
OWNER:
Frank Bracco
621 Morgan Street
Winter Springs, FL 32708
REQUEST:
For change of Future Land Use designation from Seminole County's designation of
"Industrial" to the City's designation of "Industrial".
PURPOSE:
Applicant wants the 1.47 acre parcel to utilize City water and sewer and sewer when
available,
PROPERTY:
Location: Approximately 700 feet west of the intersection of Wade Street and Old
Sanford-Oviedo Road, on the south side of Old Sanford-Oviedo Road.
Legal Description: THE EAST Y2 OF LOT 8, ENTZMINGER F ARMS ADDITION NO.
2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,
PAGE 9, PUBLIC RECORDS OF SEMINOLE COUNTY.
ACREAGE:
1.4 7 acres
PARCEL NUMBER:
34-20-30-5A WOOOO-008A
EXISTING LAND USE OF SUBJECT PROPERTY:
Building with office and warehouse function. Parking of vehicles and storage of plumbing
materials in the yard.
CHRONOLOGY OF SUBJECT PROPERTY:
Parcel was part of Lot 12 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.
ll. CONSIDERATIONS:
EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, with tree foliage.
Sm!1h:
Abandoned CSX railbed, further south is Florida Power easement, then
S.R. 419.
East:
Lot with industrial building.
West:
Lot with industrial building.
FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: (County designation) "Industrial".
Requested: (City designation) "Industrial".
FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
City designation of "Industrial".
South:
City designation "Commercial",
East:
(county designation) "Industrial".
~:
(County designation) "Industrial".
ZONING OF SUBJECT PROPERTY:
Existing: (County designation) M-l "Industrial District"
Requested: (City designation) C-2 "General Commercial and Industrial" District.
ZONING ADJACENT TO SUBJECT PROPERTY:
~:
City designation C-2 "General commercial and Industrial" District.
South:
City designation C-l "Neighborhood Commercial".
East:
(county designation) AMI "Industrial District".
West:
(county designation) M-l "Industrial District".
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:
Old Sanford-Oviedo Road abuts this property on the north side.
b. Function Classification:
Old Sanford-Oviedo is classed as a "local" road.
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,
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 will not be required to tap into the nearest line which is located
near Excelsior Business Park on Moss Road and S.R. S. R. 434. At a later
date when the trunk line is closer then tap-in will be required.
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 3rd Street and Edgemon. Re-use tap in would not be
required at this time.
DRAINAGE/STORMW A TER:
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 COMPATIBILITY:
1. SOILS:
This miscellaneous area is covered by rub an facilities, such as shopping centers,
parking lots, industrial buildings, houses, streets, sidewalks, airports and related
structures. The natural soil cannot be observed.
2. TOPOGRAPHY:
The subject property and surrounding area have very slight grade.
3. FLOOD PRONE AREA:
A review of the FEMA National Flood Insurance Program Rate Map
(12117C0135-E; April 17, 1995) indicates the subject parcel is not within the 100
year flood prone area.
4. NATURAL RESOURCES, mSTORIC 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 SURROUNDING LAND
USES.
The proposed future land use change from (county) "Industrial" to (City)
"Industrial" will not negatively impact adjacent land uses, since on the north side
of Old Sanford-Oviedo Road the parcel is undeveloped. The parcels on the
immediately to the west and east of the subject parcel already developed with
industrial type buildings.. Although the subj ect (Bracco) parcel is part of a county
enclave, it fits in with the surrounding parcels along Old Sanford-Oviedo Road,
both in the City and county enclave, that have existing industrial activities.
There should be no nuisance to surrounding properties as a result of the subject
parcel being used in the future for industrial purposes. Presently the property is
used for storage of plumbing materials and as an office for the plumbing business.
C. ECONOMIC DEVELOPMENT:
Annexation into the City will add to and vary the City's tax base as a result of the current
plumbing business on the property. The owner plans to expand his plumbing business at
that property. He plans to erect an additional building.
D. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
The subject parcel is scheduled to be annexed into the City on September 22, 1997 when
the second reading and public hearing on a proposed ordinance occurs. The proposed
small scale comprehensive plan amendment prompted by the annexation changing the
county designation "Industrial" to the City designation of "Industrial" is compatible with
the general surrounding industrial land uses and Future Land Use Map "Industrial" land
use designation to the north, east, and west along Old Sanford-Oviedo Road.
IV. FINDINGS:
1. The existing land use, and further development of the property as an industrial
establishment, is compatible with the dominant existing industrial land use of Old
Sanford-Oviedo Road.
2. The nearby parcels to the north, west and east in the county enclave and the City
are indicated as "Industrial" on the City's Official Future Land Use Map, and
therefore consistent and compatible with the City's Comprehensive Plan.
3. The adjacent parcels inside the county enclave are county designated M-1
"Indusjtrial District" on the county Zoning Map. The surrounding properties on
the north, east and west outside of the county enclave are designated C-2 "General
Commercial and Industrial" on the City's Official Zoning Map. 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 industrial 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 existing industrial use is compatible with the natural environment of the nearby
area.
7. The existing and continued use of the property for a industrial 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 Frank Bracco, for a change from county Future Land Use
designation of "Industrial" to City Future Land Use designation of "Industrial" on the 1.47
acre subject parcel.
ATTACHMENTS:
Aerial View with property boundary superimposed.
ORDINANCE NO. 681
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 "BRACCO" PROPERTY AND MORE
PARTICULARLY DESCRIBED BELOW FROM COUNTY
"INDUSTRIAL" TO CITY "INDUSTRIAL"
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
"Industrial" to the city's designation of "Industrial" on the
following real property situate in winter Springs, Florida as
a result of annexation (Ordinance 680) on August 11, 1997:
EAST 1/2 OF LOT 8, ENTZMINGER FARMS
ADDITION NO. 2 ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE
9, 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
"Industrial" to the City designation of "Industrial" on the
following described property:
EAST 1/2 OF LOT 8 ENTZMINGER FARMS
ADDITION NO.2, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE
9, 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