PZ Minutes 06/28/2006 - Laserfiche WebLink

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Planning & Zoning Commission! Local Planning Agency June 28, 2006 Page 3 of 14 Third Item of Business: LP A 06-11: Ordinance No. 06-1198. Comprehensive Plan Policy Amendment Policy FLU 1.10 -Industrial Medium designation Large Scale Amendment. Ms. Sandra Smith, Acting Community Development Director, said the remainder of the agenda deals with creating an I-M zoning classification within the City of Casselberry. Ms. Smith said based on litigation in January, 2002 the United States District Court, Middle District of Florida, determined that the City of Casselberry has five available adult entertainment sites. She said the Court recognized three of the five sites as non-conforming uses. Ms. Smith explained that one site lost its non-conforming status and another has been sold to Florida Department of Transportation for a road project. Ms. Smith said that two conforming sites at the time of the courts decision were vacant and could be developed; however, one of the sites has been sold and a portion is being developed for residential uses. Ms. Smith said it is the City's desire to maintain adequate sites within the corporate boundaries to accommodate adult entertainment uses. Ms. Smith said this would protect the City from challenges to its adult entertainment code; therefore, the City has created a future land use district entitled Industrial-Medium, which will accommodate a compatible zoning district that will accommodate adult entertainment uses. She stated that the proposed zoning district would be designated as Industrial-Medium (1M). Ms. Smith explained that the Planning Division has determined five lots on the Winter Park Drive re- alignment that fulfill the criteria. Ms. Smith said this property was recently annexed into the City to provide the north- south connection between Seminola Boulevard and State Road 434. Ms. Smith said these lots are vacant and available for sale. She said the lots meet the 2,500 foot distance requirement between schools and adult entertainment establishments mandated by the State. Ms. Smith said it is necessary for the City to take the following legislative acts to make these properties available for 1M uses: 1. The 1990 - 2010 Comprehensive Plan Policy FLU 1.10 must be amended regarding the 1M future land use designation. 2. The zoning code (ULDR) needs to be revised to accommodate the 1M zoning designation - create the 1M designation, list the appropriate uses, provide the size and dimension regulations, and provide design criteria.