HomeMy WebLinkAbout1996 02 12 Regular Item E
- "-- ;
.
;~.
COMMISSION AGENDA
ITEM E
REGULAR X
CONSENT
INFORMATIONAL
FEBRUARY 12. 1996
Meeting
REQUEST: General Services Department (Community Development Division) Requesting
consideration of adoption upon Second Reading of Ordinance No. 614 changing
the future land use designation from Moderate Density Residential" designation to
"Commercial" on a certain parcel ofland known as the Mestdagh property.
PURPOSE: The purpose of this Board item is to hold a second reading at a Public Hearing of a
proposed ordinance to change the Future Land Use Map from "Moderate Density
Residential" designation to "Commercial" on a certain parcel ofland known as the
Mestdagh property. In accordance with 166.041 Florida Statutes a first reading and
second reading at a Public Hearing are required.
CONSIDERA TIONS:
The applicant states "The purpose of the request is to make the land use
classification and zoning of the subject parcel consistent with that of the adjacent
parcel. . .At the time of purchase, the former owner represented to the applicant
that both parcels were zoned C-l, with a land use classification of commercial.
However, only that half of the property immediately adjacent to Wade Street is
zoned C-1 and has a land use classification of commercial. "
October 04, 1995 - The Local Planning Agency reviewed the request by
Mr. Rene Mestdagh, owner of the property, to change
the future land use designation from "Moderate Density
Residential" to "Commercial" and unanimously
recommended approval to the City Commission.
.
.
February 12, 1996
AGENDA ITEM NUMBER E
Page 2
January 22, 1996 - The City Commission held a first reading on the
request to change the future land use designation
from "Moderate Density Residential" to
"Commercial" and voted to approve it.
The proposed change is recommended in view of:
1. The adjacent areas to the north and west (west portion ofMestdagh property)
of the subject parcel are designated "Commercial" on the Future Land Use
Map.
2. There should be no significant negative impact on adjacent land uses, as a
result of the property being redesignated on the Future Land Use Map as
"Commercial" and used in the future for a small scale commercial operation
such as indicated in the C-l "Neighborhood Commercial" Zoning District.
3. The use of both the east and west portions of the property as small scale
commercial would allow a more viable commercial operation with larger
square footage and road frontage (280').
RECOMMENDATION:
Recommend the City Commission consider approving the request by Mr. Rene Mestdagh
for redesignation of the east portion of his property on the Future Land Use Map from
"Moderate Density Residential" to "Commercial".
J .
"
February 12, 1996
AGENDA ITEM NUMBER E
Page 3
IMPLEMENTATION SCHEDULE:
This Ordinance shall take effect immediately upon its final passage and adoption.
ATTACHMENTS:
1. Vicinity Map (property in black).
2. Present Future Land Use Map designation.
3. Proposed Ordinance Number 614.
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 AGENDA ITEM:
IV. B .
NEW BUSINESS
MESTDAGH SMALL SCALE COMPREHENSIVE PLAN AMENDMENT
SM-CPA-2-95; AND REZONING.
STAFF REPORT:
In accordance with the requirements of 163.3187(c) Florida
Statutes, presented below is a proposed change to the Future Land
Use Map of the City'S Comprehensive Plan.
SM-CP A-2-95
SMALL SCALE COl\1PREHENSIVE PLAN Al\1ENDl\1ENT
I. SUMMARY:
APPLICANT:
Robert L. Harding
Smith, Williams & Humphries
201 East Pine Street, Suite 701
Orlando, FL 32801
849-5151
OWNER:
Rene Mestdagh, as Trustee
8506 Bay Hill Blvd.
Orlando, FL 32819
REQUEST:
For change of Future Land Use designation from "Moderate
Density Residential" to "Commercial".
. ..
PURPOSE:
The applicant states "The purpose of the request is to make
the land use classification and zoning of the subject parcel
consistent with that of the adjacent parcel, of the North 375
feet along the eastern right-of-way of Wade street of the west
1/4 of Lot 41, which is also owned by the applicant. The
applicant purchased the two parcels. They were purchased
together as one parcel by the applicant on July 3, 1986. At
the time of purchase, the former owner represented to the
applicant that both parcels were zoned C-1, with a land use
classification of commercial. However, only that half of the
property immediately adjacent to Wade street is zoned C-1 and
has a land use classification of commercial.
PROPERTY:
Location: Southeast corner of the intersection of Wade Street
and S.R. 419.
Legal Description: The north 375 feet as measured along the
eastern right-of-way of Wade Street of the west 1/2 of Lot 41
Entzminger Farms, Addition NO.2, as recorded in Plat Book 5,
Page 9 of the Public Records of Seminole County, Florida, less
the north 375 feet along the right-of-way of Wade Street of
the west 1/4 of Lot 41, Entzminger Farms, Addition No.2, as
recorded in Plat Book 5, Page 9 of the Public Records of
Seminole County, Florida.
ACREAGE:
Application states 1.5 +/-; Sign posted on the lot indicates
+/- 2 acres.
EXISTING LAND USE:
Vacant; vegetative cover.
FUTURE LAND USE DESIGNATION:
Existinq:
Commercial on west portion of the parcel and
Rustic Residential on the east portion. (R-U
Rural-Urban zoning category was eliminated
with the elimination of the Rural Residential
land use Classification).
Reauested:
Commercial on the east portion of the parcel.
. .
ZONING:
Existinq:
C-1 on the west portion of the parcel and R-U
Rural-Urban on the east portion.
Requested:
C-1 on the east portion of the parcel.
ADJACENT USES:
Vacant; vegetative cover.
North:
South:
Small church on large grassed area.
East:
Residential; single family.
West:
Residential; single family subdivision.
ll. 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. 419 and Wade Street
b. Functional Classification:
S.R. 419 is a two-lane Arterial road.
Wade Street is a two-lane Local road.
c.
Improvements/expansions (includinq
acquisition) alreadY proqramrned or
result of the proposed amendment:
riqht-of-way
needed as a
None.
2. SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT,
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None.
. .
b. Improvements/expansions needed as a result of
?roposed amendment:
None to the main system. Water is available from
lines immediately on the west side of Wade street.
A line extension crossing Wade street to the parcel
would need to be made.
SANITARY SEWER:
a. Facilities servinq the site:
None.
b. Improvements/expansions needed as a result of
proposed amendment:
None to the main system. Sewer is available from
lines immediately on the west side of Wade street.
A line extension crossing Wade Street to the parcel
would need to be made.
DRAINAGE/STORMWATER:
a. Facilities serving the site.
None. No retention ponds in the area. A storm
pipe is under Wade Street with a west to east flow
into a swale that traverses eastward and then
northward to the swale along S.R. 419 and into a
storm pipe under S.R. 419.
b. Improvements/expansions needed as a result of
proposed amendment:
If the property would be developed for small
commercial operation(s), it would be necessary to
supply on site stormwater retention i.e. retention
pond. Overflow would have to go into S.R. 419
swale.
SOLID WASTE:
a. Facilities servinq the site.
The city has a franchise agreement with. a solid
waste hauler, IWS until December, 1995. A new
exclusive franchise agreement will be concluded
after a bid process.
. -
b. Improvements/expansions needed as a result of
proposed amendment:
None.
3. RECREATION AND OPEN SPACE, INCLUDING:
a. Facilities servinq the site.
Not applicable if property designated commercial on
Future Land Use Map and zoned commercial. If
residential, then Central Winds. Park serves the
site.
b. Improvements/expansions needed as a result of
proposed amendment:
None.
C. LAND USE COMPATIBILITY:
a. Soils, topographv, flood prone areas.
Soils upon the site are: Tavares-Millhopper fine sands,
o 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 have a seasonal high water table at a depth of 36
to 60 inches for 2 to 6 months.
The soils are mostly used for citrus crops., as pasture
and rangeland, or for homesites and other urban
development.
b. Natural resources, historic resources.
No natural or historic resources have been found.
c. Nuisance potential of pro?osed use to surroundinq land
uses.
The proposed land use change from "Moderate Density
Residential" to "Commercial" should not negatively impact
adjacent land uses.
The subject parcel is directly bordered on the. north by
S.R. 419 with vacant land with vegetative cover to the
north of the right-of-way and beyond that the CSX
railway. To the east is a single-family residence and
vacant land with vegetative cover to the east of the
. ,
residence. To the south is a small church on a large
grassed area. To the west, across Wade street, is a
residential, single family subdivision.
There should be no significant nuisance as
the property being used in the future for
commercial operations such as indicated
"Neighborhood Commercial" Zoning District.
a result of
small scale
in the C-l
According to Sec. 20-231 of the City Code: "The C-l
Neighborhood Commercial District consists of lands
abutting certain principal streets, the frontages of
which are especially adaptable to selected low-traffic-
generating uses. Adjoining these lands are residential
districts that would be adversely affected by a greater
diversification of uses creating serious problems of
traffic movement and generation. .The district is
designed to promote spaciousness of .L.md use."
D. ECONOMIC DEVELOPMENT:
Location of small commercial activity(s) on the parcel should
add to the City's tax base.
E. CONSISTENCY/COMPATIBILITY WITH CITY'S COMPREHENSIVE PLAN:
[per definition in 9J-.5.021 F.A.C.]
The proposed amendment is consistent with and compatible with
the Comprehensive Plan in that it is not in conflict with the
plan, and furthers the plan, specifically Objective C of Goal
3 of the Future Land Use Element of the Comprehensive Plan.
III. STAFF RECOMMENDATION:
staff recommends that the Local Planning Agency recommend approval
to the City commission on the request by Rene Mestdagh for change
of Future Land Use designation from "Moderate Density Residential"
to "Commercial" on the east portion of the property.
~ - ~-~_---..:-
m..~:; w--=_...
:i'.o;~~~~=~:~.. . 0.... .._;.... . _..._....
j.....,...... J 0-
f:
l"-
i.
,.
r
I;
r
J,
I;
t
I
-...
~
I ......::..~~~'t':>o:..~.;o........~:~.~~_.._-c-.....--...-_o-;.~---..-.-..
~~
~
~~.
~;--~
OLD S~D
n.o
JJ
----------
,.
1
. 4~. " ~ ~ '
~r
I
.~
.
J ~.
...."IT
IIlo!IL.L l-
I' r-
1 ~
J
I.
I .
. .
H
t
i
:
,
i
~ · fl
~l . I ·
4 ~
-4 1 J
i
~ r~
~ 11 ~
f 1
~
:. . /'
7 .
I
JJ'~
t4 1
~666
I
It'' ~
~;W~
6 ~. 6 /
. D -: 6 ,'6 6 6 : 6 D D / ~~ '
~D~' 6 6 ~6'6' 6.6,6' 6 ~ !-
--^~~ 6' ~ D ~'6 ,6 6 .6;g~::r
, .' -. ~---zil i~ . 6 '6 ,'l~~' 6 . 6 6 ~IlT
.. '. '.' 6 'f' ~ .6 ~. D 6 6 f\ ,. 1
~ ..., . - L- '>C A ,~~ l\^' 6. 6' 6 6 ~ ~ T
_1 COMPANY [ J.~ .
~:7 \ I V ... ~[ME N I · ^ fl ;:0 T
-
.-, t7. \
IV v
~ /
. ~:.~
-
.--,-L -
.' I ........___~_
. " ," \ I V ....;;:;.,,, -' V v ~ ::\~
'V ~ ~ --.......I.2 'V 'Q. \l \1 ~
, 9 . .~ ~ v .,.... 'V
\l ~::-.~.j; 'l V \l \l \l ~
I r. 1 .~r ~ ':- 7 TI r7 M r7 n n \J
~ ...... ,nr" V V V V V V v
',......~i- ~t1()"~" V~\l9'V\ltJ
Iq ] V 'V 'V 'V \l \l 'V .
. c .-~-- 'V\l\l'1'V \l\;.
~:f 'V'VtJ V\l~
~ -~ - .' . v\l V9\l v
tJ\ .' 'V "V \l:\; 9:
~ Vl ~ _~. rrv "V 9 'V V \;' t.
. \ ' . \ \\.....--": ~ r117. 'V 'V 'V '1 '1 \l "V "V .
. 'v' v .: \. v \' .
\l ~ 'V \J \1 \ 1:.0" v \' 'J V 'J . q
/ ~~ r7 r113 - "t./..\:"v\'v,,1v,,,, Commercial
v v . ' ~"J \' 'J \' V V ,
-~ "\1 ~ Iv'.'v"\JVV "
~ V v" ~ v 'V 'V . . ~ ~\..' 'J'v~.'.J~' "
~ ~ 'V 7 VfST A --.:':.:'."';:'-1.:'" .... - .-
'\~ \] 'V .. n~ ~ ~. - .~' ...~.~~~t...,.. Moderate '
r1 -. - ~ S \ T J:::::::::::-.J) ,.... :..... D .
v V,\~.'~. -..I~ . c.." ~ "'\'1 .c;.-~ J. .... ,:',::~.qjfl ens It Y ·
\1 V,5- ~ ~~l ~ \\, \ . : ~~.~,;~:~_:<'~...'i r~ e sid c n ti a I . ,
. .
_. ~"'lii:,Jrr;"".!"t_o::~t__.
-
G[OR
DAVID
I .
.... -
rn
, ' \
W.
'. s
FUTURE LAND USE
.~~.
~.
"
:t-
614
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE FUTURE LAND USE OF THE NORTH
375 FEET AS MEASURED ALONG THE EASTERN
RIGHT OF WAY OF WADE STREET OF THE WEST
1/2 OF LOT 41 ENTZMINGER FARMS, ADDITION
NO.2, AS RECORDED IN PLAT BOOK 5, PAGE 9
OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LESS THE NORTH 375 FEET ALONG
THE RIGHT OF WAY OF WADE STREET OF THE
WEST 1/4 OF LOT 41, ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9, PUBLIC RECORDS OF SEMINOLE
COUNTY, FL. FROM THE PRESENT ZONING
CATEGORY RURAL URBAN (R-U) TO
NEIGHBORHOOD COMMERCIAL (C-1) PURSUANT TO
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 from its
present designation of "Moderate Density Residential" to
"Commercial" on the following real property situate in
Winter Springs, Florida:
THE NORTH 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE RIGHT OF WAY OF WADE
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
.. :;.,..,#
..
,
j
t.
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
WHEREAS, the City commission for the City of
Winter Springs, Florida has determined that the change of
future land use of the above described property will make it
conform with the future land use designation of the west
portion of the property and with the Winter Springs
Comprehensive Plan.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the future land use designation of "Moderate Density
Residential" to "Commercial" on the following described
property:
THE NORTH 375 FEET AS MEASURED ALONG THE
EASTERN RIGHT OF WAY OF WADE STREET OF
THE WEST 1/2 OF LOT 41 ENTZMINGER FARMS,
ADDITION NO.2, AS RECORDED IN PLAT BOOK
5, PAGE 9 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LESS THE NORTH
375 FEET ALONG THE RIGHT OF WAY OF WADE
STREET OF THE WEST 1/4 OF LOT 41,
ENTZMINGER FARMS, ADDITION NO.2, AS
RECORDED IN PLAT BOOK 5, PAGE 9, PUBLIC
RECORDS OF SEMINOLE COUNTY, FL.
SECTION II - That the City commission of the City of
winter Springs has determined that a future land use
designation of Commercial" would be compatible with the west
portion of the property and with the surrounding properties
within the City and with the City'S Comprehensive Plan and
with the passage of this Ordinance the City Commission does
hereby amend the Future Land Use Map of the City of
,. ~
.. l"'''-
winter Springs, Florida, to include the east portion of the
subject property within the future land use designation of
"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 thirty-one
(31) days after adoption, in accordance with
163.3187(3) (a) Florida Statutes.
PASSED AND ADOPTED this____day of
, 1996.
CITY OF WINTER SPRINGS
JOHN F. BUSH, MAYOR
ATTEST:
CITY CLERK
FIRST READING January 22, 1996
POSTED January 23, 1996
SECOND READING AND PUBLIC HEARING February 12, 1996