HomeMy WebLinkAbout1997 09 08 Regular Item G
COMMISSION AGENDA
ITEM G
REGULAR X
CONSENT
INFORMATIONAL
September 8, 1997
Meeting
REQUEST: The Community Development Department - Planning Division requests the City
Commission approve the first reading and adoption of Ordinance 682, to change
the zoning designation of a 1.47 acre parcel located approximately 700 feet west
of the intersection of Wade Street and Old Sanford-Oviedo Road.
PURPOSE:
The purpose of this Board Item is to request the Commission to approve the first reading
for adoption of Ordinance 682 to change the zoning designation of a 1.47 acre parcel
from county designation M-1 "Industrial District" to City designation C-2 "General
Commercial and Industrial" 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.].
SEPTEMBER 8, 1997
AGENDA ITEM G
Page 2
CONSIDERATIONS:
1. The Planning & Zoning BoardlLocal Planning Agency, at its August 20, 1997
meeting recommended approval to the City Commission the annexation of the 1.47
acre (Bracco) 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 1.47 acre "Bracco" parcel
was reviewed by the Planning & Zoning Board/Local Planning Agency on
August 20, 1997 and the Board recommended to the City Commission that the
parcel be redesignated from county "Industrial" to "Industrial" on the City's
Future Land Use Map, based on the findings indicated in the Staff Report.
3. The Planning & Zoning Board at its August 20, 1997 meeting recommended
approval to the City Commission the rezoning of the 1.47 acre parcel from county
M-1 "Industrial District" to City C-2 "General Commercial and Industrial" on its
Official Zoning Map, based on the findings indicated in the Staff Report.
FINDINGS:
1. The owner's existing industrial land use is compatible with the industrial land uses
along Old Sanford-Oviedo Road.
2. The adjacent and nearby parcels to the north, west and east are indicated as
"Industrial" on the City's Official Future Land Use Map.
3. The county has the parcel zoned M-l "Industrial District".
4. Adjacent parcels in the county enclave are indicated as M-1 "Industrial District" on
the county's Zoning Map. The nearby parcels outside of the county enclave to the
north, west and east are indicted as C-2 "General commercial and Industrial" on
the City's Official Zoning Map.
SEPTEMBER 8, 1997
AGENDAITEM G
Page 3
RECOMMENDATION:
Staff recommends approval of the first reading of Ordinance 682 to change the Zoning
designation from county M-1 "Industrial District" to City C2 "General Commercial and
Industrial" on a 1.47 acre parcel based on:
1. The findings indicated above;
2. The recommendation of the Planning & Zoning Board at its August 20, 1997
meeting.
IMPLEMENTATION SCHEDULE:
The City Commission would hold a second reading on September 22, 1997 and adopt
Ordinance 682 to change the Zoning Map designation from county M-l "Industrial
District" to City C-2 "General Commercial and Industrial" 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. 682.
COMMISSION ACTION:
EFFLUENT DISPOSAL
(PERC. PONDS)
1
t!
i
N
BRACCO PARCEL
~~
\
~~
"
"
jJ
.1
t ..
3.0
i.>j
W:"l
~, ~
,:;
(;.\,:
4.0
,.
,:i
9
10.
~
13.B BLOCK C
(rT'
~ ~"'I 1e
\ I .
~I----"::;~.,
I--. . '- ---
~ 1_--1.~
rn~ m~. ..
",....
k ;.
,....
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. D.
BRACCO REZONING (REZ-5-97)
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:
Frank Bracco
621 Morgan Street
Winter Springs, FL 32708
(407)327-6000
OWNER:
Frank Bracco
621 Morgan Street
Winter Springs, FL 32708
REQUEST:
For a change of zoning designation from Seminole County's designation ofM-1
"Industrial District" to the City's designation of C-2 "General Commercial and Industrial".
PURPOSE:
Applicant wants the 1.47 acre parcel to be further developed as an industrial property.
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 ~ OF LOT 8, ENTZMINGER FARMS ADDITON 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:
34-20-3 0-5A 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 wsith 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:
NMh:
City designation "Industrial",
SmJ.th:
City designation "Commercial".
~:
(county designation) "Industrial".
~:
(county designation) "Industrial".
ZONING OF SUBJECT PROPERTY:
Existing: (county designation) M-1 "Industrial District".
Requested: (City designation) C-2 "General Commercial and Industrial"
ZONING ADJACENT TO SUBJECT PROPERTY:
Nm:th:
City designation C-2 "General Commercial and Industrial".
SmJ1h:
City designation C-1 "Neighborhood Commercial".
Em:
(county designation) M-1 "Industrial District".
~:
(county designation) M-I "Industrial District".
II. REZONING ANALYSIS:
THE FOLLOWING SUMMARIZES THE DATA AND ISSUES WHICH STAFF ANALYZED
IN REVIEWING THIS APPLICATION.
A. JUSTIFICATION FOR REZONING:
1. The applicant has requested annexation into the City of 1.47 acres prompting a
small scale comprehensive plan amendment.
2. The owner has an existing industrial business, plumbing supplies storage and
service, and therefore has requested the City's C-2 "General Commercial and
Industrial" zoning designation.
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING LAND
USES:
1. The applicant's proposed zoning change from county zoning designation M-1
"Industrial District" to the City's zoning designation of C-2 "General Commercial
and Industrial District" is the same zoning of the nearby parcels to the north, east
and west outside of the county enclave. The remainder of the county enclave has
M-1 zoning.
2. The applicant's proposed zoning is compatible with the existing industrial
establishments found along Old Sanford-Oviedo Road.
III. FINDINGS:
*
The owners existing industrial land use is compatible with the other industrial land
uses along Old Sanford-Oviedo Road.
*
The adjacent and nearby parcels to the north, west and east are indicated as
"Industrial" on the City's Official Future Land Use Map.
*
The county has the parcel zoned M -1 "Industrial District".
*
Adjacent parcels in the county enclave are indicated as M-1 "Industrial District" on
the county's Zoning Map. The nearby parcels outside of the county enclave to the
north, west and east are indicated as C-2 "General commercial and Industrial" on
the City's Zoning Map.
IV. STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board recommend approval to the City
Commission the request for rezoning, by Frank Bracco, of the 1.47 acre parcel from
county zoning designation M-l "Industrial District" to City zoning designation C-2
"General Commercial and Industrial District", based on the findings above.
ATTACHMENTS:
Aerial View with Bracco property boundary superimposed.
\\.
... ,
ORDINANCE NO. 682
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PARCEL
KNOWN AS THE "BRACCO" PROPERTY AND MORE
PARTICULARLY DESCRIBED BELOW FROM COUNTY
M-1 "INDUSTRIAL DISTRICT" TO CITY C-2
"GENERAL COMMERCIAL AND INDUSTRIAL"
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 M-l "Industrial District" to
City designation C-2 "General Commercial and Industrial" on
the following real property situate in winter Springs, Florida
as a result of adoption of Ordinance 680 on September 22,
1997:
EAST 1/2 OF LOT 8, ENTZMINGER FARMS
ADDITION #2 ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 5, PAGE 9,
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 from county Future Land Use Map
designation of "Industrial" to the City's designation of
"Industrial" 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 M-1 "Industrial
District" to the City's zoning designation of C-2 "General
Commercial and 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 - That the City Commission of the City of
winter Springs has determined that the zoning designation of
C-2 "General Commercial and Industrial" would be compatible
with the surrounding properties maintaining the industrial
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 "Industrial", 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-2 "General Commercial and Industrial".
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
and 3.14(c) City Charter.
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