Loading...
HomeMy WebLinkAbout1997 07 02 Regular Item C CITY OF WINTER SPRINGS, FLORIDA ~ 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32706-2799 Telephone (407) 327.1800 Community Development PLANNING AND ZONING BOARD REGULAR AGENDA ITEM: II.C. PITZER REZONING (REZ-4-97) 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: Florence Pitzer 71 0 East State Road 434 Winter Springs, FL 32708 (407)327-1738 OWNER: Florence Pitzer 710 East State Road 434 Winter Springs, FL 32708 REQUEST: For a change of zoning designation from Seminole County's designation of A-I "Agriculture" to the City's designation of "Commercial". PURPOSE: ~ Applicant wants the 1 J 7 acre parcel to be developed as commercial property. PROPERTY: Location: Approximately 160 feet east of Wade Street, on the north side of State Road 434.. Legal Description: East Yz of West Yz (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 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. II. CONSIDERATIQNS: EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY: North. vacant, partially wooded land with church. Sm!1h: S.R 434; further south are vacant wooded parcels. EJill: vacant partially wooded parcels. ~ ~: vacant partially wooded parcels. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY Existing: (county designation) "Suburban Estates" (maximum I DU per acre). Requested: (City designation) "Commercial". FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY: ~: "Moderate Density Residential"- SmI1h: S.R 434 right-of-way; further south, "Commercial". EJill: (county designation) "Suburban Estates". ~: "Moderate Density Residential"- ZONING OF SUBJECT PROPERTY: Existing: (county designation) A-I "Agriculture". Requested: (City designation) C-I "Neighborhood Commercial" ZONING ADJACENT TO SUBJECT PROPERTY: llilr1!l: 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 SmI1h: C-I "Neighborhood Commercial". EJill: (County designation) A-I "Agriculture" (maximum I DU per acre). ~: C-2 "General Commercial and Industrial" at the corner, R-U along east side of Wade Street II. REZONING ANALYSIS: THE FOLLOWING SUMMARIZES THE DATA Ai'lD ISSUES WIDCR STAFF ANALYZED IN REVIEWING TillS APPLICATION. A JUST1ICATION FOR REZONING: L The applicant has requested annexation into the City of 1.37 acres prompting a small scale comprehensive plan amendment. 2. The owner proposes developing the parcel for neighborhood commercial and therefore has requested the City's C-I "Neighborhood Commercial" zoning designation B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING LAND USES: 1. The applicant's proposed zoning change from county zoning designation "Suburban Estates" to the City's zoning designation of C-I "Neighborhood Commercial District" is the same zoning of the nearby parcels along S.R. 434, except the northeast corner parcel at S.R. 434 and Wade Street, which is zoned C-2 "General Commercial and Industrial", 2. The applicant's proposed zoning is compatible with the commercial nature of S.R. 434 and the existing commercial establishments in the area. III. FINDINGS: * The owners proposed land use is compatible with the commercial nature of S.R. 434. * The adjacent and nearby parcels to the west and east are indicated as "Commercial" on the City's Official Future Land Use Map. * The county has the parcel zoned A-I "Agriculture", which allows for crop cultivation, grazing and pasturing of animals and related agricultural activities and for residential on minimum I acre lots per (Sec. 30.122 County Land Development Regulations page 30-61,62). * Nearby parcels are indicated as C-I "Neighborhood Commercial" on the City's Official Zoning Map, except for the northeast corner of Wade Street and S.R. 434, which is designated C-2. IV. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommenn approval to the City COlllmission the request for rezoning, by Florence Pitzer, of the I J 7 acre parcel froIll county zoning designation A-I "Agriculture" to City zonin desl nation C-I "Neighborhood Commercia Istnct", base on the findings above. p C;,L. It. ;---/. MINUTES PLANNING AND ZONING BOARD/LPA JUNE 4, 1997 - REGULAR MEETING I. CALL TO ORDER. PLEDGE OF ALLEGIANCE This Board meeting was called to order by Chairman Fernandez at 7:00 p.m. in the Commission Chambers (1126 East State Road 434, Winter Springs, Florida). The Pledge of Allegiance followed. ROLL CALL ALSO PRESENT Art Hoffmann, absent Tom Grimms, Community Development Coordinator Gene Lein, present Bill Fernandez, Chairman, present Tom Brown, present Carl Stephens, absent Chairman Fernandez acknowledged that Hoffmann and Stephens informed the Clerk's office of their absence prior to the meeting. APPROVAL OF THE APRIL 2. 1997 PLANNING AND ZONING BOARD/LPA REGULAR MEETING MINUTES Page 3, first paragraph, fourth line reads: Brown said that a lot of these questions could be strained out. Correction: Brown said that a lot of these questions could be straightened out. Motion by Brown; Second by Lein; Motion carried to approve the minutes. II. REGULAR AGENDA A) PROPOSED R.3 FLEX.SPACE COMMERCIAL ZONING DISTRICT (REZ-S.97) Grimms read from the staff report. Staff recommended that the Planning and Zoning Board recommend disapproval. Chairman Fernandez questioned members as to ex-parte communications; the members did not have any conflicts. The Chair also related Grimms' qualifications to the applicant. Grimms, by the request of the Chair, provided the qualifications of Don LeBlanc, Land Management Specialist. Grimms answered Chairman Fernandez by stating that the facts within the staff report are true and correct to the best of his knowledge. Roger Owen, Owner/Applicant, shared his credentials. He explained that a heavy duty manufacturing firm could be located within the Winter Springs Industrial Park, but most are owner occupied wholesale businesses which he feels is good, clean business. Economics have shown that the property on Moss Road doesn't warrant the C-l zoning. Grimms said he observed that both office buildings had vacancies. Owen said that he wants to propose the beginning of a "flex-space" zoning in Winter Springs. With regards to Grimms' objections to the proposal, Owen stated that the occupants in the Winter Springs Industrial Park conduct their business during the day; and there has yet to be a chemical fire in the Park. The businesses in the "flex-space" will be more concerned about damages caused by residents than the residents will be concerned about "flex-space". Another objection was "spot zoning". Owen said that he sees other areas within the city that are zoned C-2 which could be changed immediately to the "flex-space". He added, the property has sat 5 or 6 years vacant; a developer is not going to want to put in office space or retail when he sees two office buildings across the street under forclosure. ~ MINUTES PLANNING AND ZONING BOARD JUNE 4, 1997 - REGULAR MEETING PAGE 2 OF 2 Grimms said that the nuisance to residents issue could be dealt with by an agreement between the Commission and the developer. . Owen said his request is to malte the "flex-space" as C-2, and move the present C-2 up to a C-3 so there is a graduated level. There are a number of cities that have three (3) categories of zoning. Grimms said that he notified the surrounding multi-family complex properties, and received only one response. The lady who responded said that it wouldn't be too bad because then the tall weeds could be talten care of. Owen has purchased one lot, Associate Design and Construction (who built all of the buildings in the Industrial Park) bought three lots, and the lender who forclosed on Munizzi has two or three other lots. They all want to create a property owners association so that the property is maintained properly. Chairman Fernandez said that the "flex-space" category is a classification that could benefit the entire city. Discussion of other areas within the city that could be designated "flex-space". Motion: The Planning and Zoning Board recommends consideration of a new zoning classification tentatively designated C-3 "Flex-Space" Commercial District as presented by staff with input from the applicant, and that nuisances be regulated by a developer agreement, and that this new zoning be applied city wide not just for this site. Motion by Brown. Second by Lein. Vote: Fernandez, aye; Lein, aye; Brown, aye. Motion passed. Motion: Assuming that the city would approve the new zoning classification, the Planning and Zoning Board recommends approval that this specific 3.79 acre site be given this new classification. Motion by Brown. Second by Lein. Vote: Brown, aye; Fernandez, aye; Lein, aye. Motion passed. III. FUTURE AGENDA ITEMS Rule and Procedures The Board made a recommendation to the City Commission that the landfill permit issue be reviewed by staff. Grimms said he would bring the issue up to the City Manager. August Agenda- Election of Chairman and Vice-Chairman The Chair stated that the three members whose terms will be expiring are willing to serve another term. IV. ADJOURNMENT Chairman Fernandez a<ljourned the meeting at 8:09 p.m. Minutes Submitted by: Martha Jenkins, Deputy City Clerk