HomeMy WebLinkAbout1996 10 14 Regular Item F
COMMISSION AGENDA
ITEM' F
REGULAR X
CONSENT
INFORMATIONAL
October 14. 1996
Meeting
MGR/iev- IDEPT.
Authorization
REQUEST:
Community Development Division requests the Commission to approve the
second reading for adoption of an ordinance to rezone the Leffier property
from (R-U) "Rural Urban" to (PUD) "Planned Unit Development"
PURPOSE:
The purpose of this Board item is to request the Commission to approve the second
reading of an ordinance to rezone the Leffier property from (R-U) "Rural Urban" to
(PUD) "Planned Unit Development" consistent with the property owner's request for
redesignation of the property from "Commercial" to "Mixed Use" on the Future Land Use
Map.
APPLICABLE LA W/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 parcel or
parcels ofland shall be enacted pursuant to [166.041(3)(c)1.,2.a.b. or c. F.S.]
FINDINGS:
1. The applicant has agreed to develop the subject parcel with commercial and
residential (single family) uses on the site. The site is located on the south side of
the S.R 434 Corridor approximately 525 feet west of Winding Hollow Blvd., and
estending further west with a frontage of 429 feet. The south property line abuts
the Florida Power easement.
October 14, 1996
AGENDA ITEM F
Page 2
2. The S.R. 434 Corridor has been designated on the Future Land Use Map in the
City's Comprehensive Plan for commercial uses in that general area.
3. The proposed zoning designation ofPUD is consistent the Mixed Use Future Land
Use Map designation.
4. The change of Future Land Use Map designation from "Commercial" to "Mixed
Use" is compatible with the City's Comprehensive Plan which designates
Commercial Land Use for the subject property, and which reflects the concept of
State Road 434 being a commercial corridor.
5. The City Commission approved the first reading of an ordinance on September 9,
1996 to change the Future Land Use Designation of the parcel from "Commercial"
to "Mixed Use".
RECOMMENDATION:
Staff recommends that the City Commission approve the second reading for adoption of
an ordinance to change the Zoning Map designation of the Leffler property located on the
south side of S.R. 434 from (R-U) "Rural Urban" to (PUD) "Planned Unit Development".
The property would be rezoned to Planned Unit Development (PUD) with the
understanding (through a Developer's Agreement) that:
*
the front portion of the parcel (approximately 95 feet wide by 200 feet deep on the
northwest portion of the Leffler parcel) will be commercial and the balance will be
residential;
*
A wall will be required between the commercial and residential and S.R. 434 right-
of-way and the residential land uses.
IMPLEMENTATION SCHEDULE:
This Ordinance shall take effect thirty-one (31) days after its final passage and adoption in
accordance with 163.3187(3)(a) F.S.
r
October 14, 1996
AGENDA ITEM F
Page 3
ATTACHMENTS:
1. Location Map of Leffler property.
2. Ordinance: Leffler Property from (R-U) Rural Urban to (PUD) Planned Unit
Development.
COMMISSION ACTION:
ORDINANCE NO. 629
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA,
CHANGING THE ZONING OF A CERTAIN PARCEL
KNOWN AS THE LEFFLER PROPERTY AND MORE
PARTICULARLY DESCRIBED BELOW FROM (R-U)
"RURAL URBAN" TO (PUD) PLANNED UNIT
DEVELOPMENT" DISTRICT 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 designation of R-U "Rural Urban" to PUD "Planned
unit Development" District on the following real property
situate in winter Springs, Florida:
THAT PORTION OF LOT "F", CHASE AND
COMPANY'S SUBDIVISION OF WAGNER,
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT
"F" AND RUN N 07 00' 49" W ALONG THE WEST
LINE OF SAID LOT "F" FOR A DISTANCE OF
822.14 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803,
PAGE 1023 OF SAID PUBLIC RECORDS; THENCE
RUN N 83 53'17" E ALONG SAID RIGHT-OF-WAY
LINE FOR A DISTANCE OF 694.14 FEET TO A
POINT ON THE WEST LINE OF PARCEL 105-
WATER RETENTION AREA, AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF
SAID PUBLIC RECORDS; THENCE RUN S 07
01'30" E ALONG SAID LINE FOR A DISTANCE
OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83
53'16" W ALONG SAID LINE FOR A DISTANCE
OF 694.30 FEET THE POINT OF BEGINNING.
LESS:
THAT PORTION OF LOT "F", CHASE AND
COMPANY'S SUBDIVISION OF WAGNER,
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT
"F" AND RUN N 07 00' 49" W ALONG THE WEST
LINE OF SAID LOT "F" FOR A DISTANCE OF
822.14 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803,
PAGE 1023 OF SAID PUBLIC RECORDS; THENCE
RUN N 83 53' 17" E ALONG SAID RIGHT-OF-
WAY LINE FOR A DISTANCE OF 264.93 FEET;
THENCE RUN S 07 00' 49" E FOR A DISTANCE
OF 822.'14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53'
16" W ALONG SAID LINE FOR A DISTANCE OF
264.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.01 ACRES MORE OR LESS AND
BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
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 future land use designation from
"Commercial" to "Mixed Use" on the same property indicated in
Ordinance 626; and that changing the zoning designation to PUD
"Planned unit Development" District will allow the property
owner to develop the northwest corner of the property to a
depth of two hundred feet (200') as commercial and the
remaining portion of the property as single family residential
compatible with what is found adjacent to the south and
southwest of the property.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of winter Springs, hereby
changes the zoning designation of R-U "Rural Urban" to PUD
"Planned unit Development" District on the following described
property:
THAT PORTION OF LOT "F", CHASE AND
COMPANY'S SUBDIVISION OF WAGNER,
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 6 , PAGE 64 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT
"F" AND RUN N 07 00' 49" W ALONG THE WEST
LINE OF SAID LOT "F" FOR A DISTANCE OF
822.14 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803,
PAGE 1023 OF SAID PUBLIC RECORDS; THENCE
RUN N 83 53'17" E ALONG SAID RIGHT-OF-WAY
LINE FOR A DISTANCE OF 694.14 FEET TO A
POINT ON THE WEST LINE OF PARCEL 105-
WATER RETENTION AREA, AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2803, PAGE 1023 OF
SAID PUBLIC RECORDS; THENCE RUN S 07
01'30" E ALONG SAID LINE FOR A DISTANCE
OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83
53'16" W ALONG SAID LINE FOR A DISTANCE
OF 694.30 FEET THE POINT OF BEGINNING.
LESS:
THAT PORTION OF LOT "F", CHASE AND
COMPANY'S SUBDIVISION OF WAGNER,
ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 6, PAGE 64 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT
"F" AND RUN N 07 00' 49" W ALONG THE WEST
LINE OF SAID LOT "F" FOR A DISTANCE OF
822.14 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD 434 AS
DESCRIBED IN OFFICIAL RECORDS BOOK 2803,
PAGE 1023 OF SAID PUBLIC RECORDS; THENCE
RUN N 83 53' 17" E ALONG SAID RIGHT-OF-
WAY LINE FOR A DISTANCE OF 264.93 FEET;
THENCE RUN S 07 00' 49" E FOR A DISTANCE
OF 822.14 FEET TO A POINT ON THE SOUTH
LINE OF SAID LOT "F"; THENCE RUN S 83 53'
16" W ALONG SAID LINE FOR A DISTANCE OF
264.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 8. 01 ACRES MORE OR LESS AND
BEING SUBJECT TO ANY RIGHTS-OF-WAY,
RESTRICTIONS AND EASEMENTS OF RECORD.
SECTION II - That the City commission of the City of
winter Springs has determined that a zoning designation of PUD
"Planned unit Development" would be compatible with the
surrounding residential properties to the south and southwest
of the subject property and with the City's Comprehensive Plan
per Ordinance 626, 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 PUD "Planned unit
Development" District.
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
POSTED
SECOND READING AND PUBLIC HEARING