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HomeMy WebLinkAbout2008 07 14 Public Hearing 501 First Reading of Ordinance 2008-11 Rezoning Two ParcelsCITY COMMISSION ITEM 501 July 14, 2008 Meeting Consent Information Public Hearin X Re ular MGR. D v /De t. '~ REQUEST: The Community Development Department -Planning Division requests the City Commission remove from the Table and hold a Public Hearing for First Reading of Ordinance 2008- 11,which rezones two (2) parcels containing 9.04 acres, more or less, located adjacent to the north side of SR 419 on the east and west side of Wade Street from "C-1 Neighborhood Commercial" to a "C-2 General Commercial" subject to certain use and other restrictions pursuant to section 20-31(e). PURPOSE: This is an application for a restrictive rezoning as described below in section 20-31(e). Property owners, Bart & Cynthia Phillips are requesting the Rezoning so they might be allowed expanded use of their property. The discussion of use of the property for indoor and outdoor storage of boats and recreational vehicles was discussed at the June 23, 2008 and determined by the City Commission to be too Restrictive. The Attorney has Amended the Ordinance to comply with the directive of the City Commission and in response to the requests of the Applicant. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. Winter Springs Section 20-31(e). Rezonings subject to certain restrictions. (e) In approving a change in the zoning classification on a lot or parcel of land, at the request of or with the concurrence of the owner of said lot or parcel, the city commission may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner or subject property that would otherwise be denied by the city's land development regulations in the same zoning district. Such restrictions may include one or more of the following: (1) Use restrictions greater than those otherwise specified for that particular district; (2) Density restrictions greater than those otherwise specified for the particular district; July 14, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 2 of 6 (3) Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterial roadways; (4) Height limits more restrictive than otherwise permitted in the district; (5) Minimum lot areas or minimum widths greater than otherwise specified for the particular district; (6) Minimum floor area greater than otherwise specified for structures in the particular district; (7) Open space requirements greater than otherwise required for property in the particular district; (8) Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; (9) Fencing or screening requirements greater than otherwise required for the particular district; (10) Restrictions on any other matters which the city commission is authorized to regulate. Upon approval of such restrictive rezonings, the planning division shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Seminole County. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. (Ord. No. 2004-49, § 2, 12-13-04) Winter Springs Section 20-57. 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... act 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. Euclid v. Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of zoning). Florida Municipal Home Rule Powers Act. CHRONOLOGY: 1992 - 1994 Subject Property is documented as having a "Commercial" Future Land Use designation. 1994 -current Subject Property is documented as having a "C-1 Neighborhood Commercial" Zoning designation. 1994 - 2003 Scrivener's mapping error illustrates the Subject Property as having an "Industrial" Future Land Use designation. March 2000- Subject Property purchased by Bart & Cynthia Phillips Fa112003- Planning and Zoning Board Visioning Exercises related to Commercial and Industrial Uses. Resulted in Amendments to the C-1, C-2 and I-1 Zoning Districts, as well as the establishment of two new zoning districts, the C-C and C-3 Zoning Districts. Feb. 23, 2004- City Commission Adoption of Ordinance 2003-32 correcting the scrivener's mapping error to restore the Future Land Use designation to "Commercial" May 2006- Code Enforcement Action against Mr Phillips related to non-permitted use of the Subject Property April 4, 2008- City Commission Special Meeting to discuss Bart Phillips' project and how to proceed May 14, 2008- Application received, requesting the Restrictive C-2 Zoning for use of the property for outdoor storage and warehousing. May 22, 2008- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing re: Ordinance 2008-11 June 4, 2008- P&Z/LPA considered the request and voted 3-1 on the motion to recommend approval of Ordinance 2008-11 June 23, 2008 City Commission Public Hearing for 1st Reading is Tabled until after Commission Action on Ordinance 2008-10 which would amend the C-2 list of permitted uses. CONSIDERATIONS: Applicant -Hugh W. Herling, Jr.; 850 Courtland St.; Orlando, Florida 32804; (407) 629-1061; hharlin~(c~harlinglocklin.com on behalf of property owners, Bart & Cynthia Phillips Owner - Bartholomew D. & Cynthia D. Phillips (since March 2000) July 14, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 3 of 6 Parcel Numbers - 34-20-30-SAW-0000-0340 (includes lot 34 & 35) & 34-20-30-SAW-0000-0330 Acrea e - 9.04 Acres General Location - No physical address. Located on the north side of SR 419 on both sides of Wade. Legal Description -LEG ALL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS ADDN02PBSPG9 Chronology of Subject Property -The property was part of the original property included in the incorporation of Village of North Orlando and since that time has had a C-1 Neighborhood Commercial designation . Existing Land Use -The subject property includes a portion of the Florida Power & Light Company easement and fronts onto SR 419 across from George Street and Deer Song residential areas. The FP&L Easement transverses the City through numerous zoning districts and future land use designations and is generally considered asnon-usable land because of constraints the easement poses. Part of the subject property and/or railway right of way is used for open storage of semi-trailers and scrap metal (anon-permitted use under `C-1' Zoning) and transfer of metal scrap associated with Mr. Phillips' 419 Metal & Auto Recycling, Inc. business, to rail cars. The property owners were cited by Code Enforcement (Case # 04-0005642) in May 2006 for violating Section 20-233, Nonconforming uses (open storage). [Open outdoor storage and/or junkyards are not permitted under `C-1' Zoning (and never have been). Junkyards were removed from the list of permitted uses under the "C-2 General Commercial and Industrial" zoning district in 1996 and therefore, are no longer permitted anywhere in the City, except as anon-conforming use.] Adjacent existing land uses, zoning and FLUM designations include the following: Subject O en stora a of semi- P g C-1 WS ( ) Commercial WS ( ) Slte trailers and scrap metal and FP&L Easement North Industrial ........................................... . ... I-1 (WS) ...................................................................................... .................................. Industrial (WS) ........................................................................................................................ ................................................................. SOUth ............. . ........................................................................ Single Family R-1 (WS) Moderate Density Residential Residential (WS) East Access for Layer C-1 (WS) Public/Semi-Public Elementary School and (WS) FP&L Easement West Light Industrial I-1 (WS) Industrial (WS) (WS) Winter Springs; (SC) Seminole County; Development Trends - The Applicant is proposing to use the subject properties for indoor and outdoor storage of boats and RV's. Under separate action, the property owner is also proposing some changes to his current 419 Metal & Auto Recycling, Inc. facility. (See minutes from April 4, 2008 Special Meeting.) Under current review is an Application for the Vacating of Ginger Lane and a portion of Old Sanford-Oviedo Road; a Site Plan Application fora 10-foot high concrete wall (to be located within the Ginger Lane right-of--way and along the eastern perimeter of Lots 11 and 33, an Application of the Aesthetic Review of the 10' concrete wall, and an Arbor Application for the removal of trees. July 14, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 4 of 6 No other development proposals within the vicinity of the subj ect property are currently under review. Letters/Phone Calls In Favor Or Opposition -Letters were sent to all property owners within 150' of the subject properties (without regard and a sign on the each of the parcels posted this public hearing. Two property owners responded and indicated that they are in favor the change of zoning IF it results in the removing of the industrial uses off of the subject property. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- The proposed Restrictive Rezoning change is in compliance with all procedural requirements established by the City Code and law; Requirements for advertising the land use action have been met; (2) Consistent with The Comprehensive Plan- The property has a Future Land Use (FLU) Map designation of "Commercial" The proposed Restrictive Rezoning change is consistent with the objectives and policies of the Comprehensive Plan if the proposed permitted uses included with Ordinance 2008-10 are considered Commercial uses. Commercial uses can help buffer the residential area from the more intense industrial uses on the north side of the railroad line that are associated with use of the rail line. Any change of use of the subject property must be compatible with the adjacent residential uses to the south. (3) Consistent with any Master Plan for the property- The property is not part of an approved Master Plan, however, The Applicant's proposed development plan was discussed with the City Commission on April4, 2008 at a Special Meeting. (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Restrictive Rezoning change is compatible with the commercial land use pattern established by the City's comprehensive plan. The requested Restrictive Rezoning to "C-2 General Commercial" will maintain the property as a transitional area between the residential uses to the south and the adjacent industrial uses to the north; (5) Does Not Create Spot Zoning- The proposed Restrictive Rezoning does not create a spot zone, which is prohibited by law. The adjoining property to the northeast also has a (Winter Springs) C-2 zoning designation; (6) Does Not Materially Alter the Population Density Pattern- The proposed Restrictive Rezoning change does not materially alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure) At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated (including traffic impacts to SR 419 which has a constrained capacity; (7) Does Not Create I1logicall~Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's comprehensive plan; (8) Changed Conditions Make the Proposed Rezoning Necessary- No conditions have changed since the purchase of the property in 2000. The proposed Restrictive Rezoning is necessary to maximize the July 14, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 5 of 6 development potential of the constrained property, while maintaining the existing land use pattern and buffering the adjacent residential properties from the industrial area; (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed Restrictive Zoning designation has been determined by reviewing the Applicant's request (see Attachment A) and by evaluating the prevailing character of the area around the subject property. The proposed zoning change to C-2 is consistent and compatible with the surrounding land uses (IF the additions to the permitted uses contained within Ordinance 2008-10, are Commercial uses). The addition of aSelf-Storage Facility for boats, RVs and other vehicles will buffer the residential area to the south from the more intense industrial uses on the north side of the railroad line that are associated with use of the rail line. The Applicant has indicated that if needed, he is willing to demonstrate that the proposed Restrictive Rezoning will not adversely affect property values in the surrounding area. (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent in the Rezoning of the property is to apply a Restrictive zoning classification for the subject property that is consistent and compatible with the surrounding land uses and that will not be a substantial detriment to the future development of vacant adjacent property; (12) Does Not Constitutes a Special Privilege- The proposed Restrictive Rezoning affords additional opportunity for use of constrained land. The Restrictive Rezoning subjects the property to certain use and other restrictions pursuant to section 20-31(e); (13) Not out ofScale- The proposed Restrictive Rezoning change is in scale and compatible with the needs of the neighborhood and the City, as the proposed indoor and outdoor storage of boats and recreational vehicles will provide the community with a location to store items they can not store at their respective residences, whether due to space limitations or through restrictive covenants and deed restrictions. The property's location adjacent to an industrial corridor will also provide a needed transition from industrial uses to adjacent commercial and residential uses. (14) Does Not Violate an~City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the City; The Restrictive Rezoning request is running concurrently with the City processing an amendment to the C-2 Zoning district. FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 are satisfied if Ordinance 2008-10 (which changes the list of permitted uses within the C-2 zoning district) is its Adoption includes Staff s recommendations. Additional changes to Ordinance 2008-10 would require a new analysis based on the 14 criteria listed above. PLANNING & ZONING BOARD RECOMMENDATION: At the June 4, 2008 regular meeting of the Planning & Zoning Board/LPA, the Board voted 3-1 to recommend approval of Ordinance 2008-11. The dissenting vote was from Martinez. A memo from him describing the reason for his dissenting vote is included as Attachment C. July 14, 2008 PUBLIC HEARING AGENDA ITEM 501 Page 6 of 6 STAFF RECOMMENDATION: Staff recommends that the City Commission remove this Agenda Item from the Table and hold a Public Hearing for First Reading of Ordinance 2008-11, changing the Zoning classification on the subject property located on north side of State Road 419 at Wade Street from "C-1" Neighborhood Commercial (Winter Springs) to "C-2"General Commercial Zoning (City of Winter Springs) subject to certain use and other restrictions pursuant to section 20-31(e). ATTACHMENTS: A- Application for Rezoning B- Planning and Zoning Board Minutes from June 4, 2008 C- Dissenting Report from Ed Martinez D- Public Noticing in Orlando Sentinel of P&Z/LPA Public Hearing (May 22, 2008) E- Ordinance 2008-11, as Revised F- Current Zoning Map, May 2008 & Proposed Zoning Map, June 2008 CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT II2b STATE ROAD 434 ~~~~~~~~ WINTER SARINGS, FL 32708 ",,.~ ~ ~ ntif~ 407-327-5867 I~:,•':r r,,.,,. FAX:407-327-6695 G'rYOF WNTE)25PRINGS L~OD~~ ( Parrnitting - Kirsten ~^ ~~a~r APPLICATION FOR REZONING APPLICANT: Harling, Jr. , Hugh W. l.asl Firs) Middle MAILING ADDRESS: 850 Courtland Street Orlando, Florida 32804 City Sla e , 'Lip C PI•iONE&EMAIL; 407-629-1061 hhar~ingQharlinglock~in. com If Applicant does NOT own the property: PROPF.RTYOWNER: Phillis, Bartholomew D. & Cynthia D. 419 Metal Last first Middle MAILING ADDRESS: 212 Morton Lane & Auto Recycling Winter Springs, FL. 32708 Center, Inc. Cily Stale 'Lip Code PHONE &EMAIL This request is for the propety described below; PROPERTY ADDRESS: Old Sanford/Oviedo Rd. TAX PARCEL NUMBER: 34-20-30-SAW-0000-0340 / 0330 SIZE OF PARCEL: 9 +/ - Acres Square l:cct Acres EXISTING LAND USE: Commercial CURRENT ZONING Classification: C-1 Nbad Commercial REQUEST for a CHANGE to City of Winter Springs ZONING Classification; Restrictive C - 2 Gen . Commercial Commercial Current FUTURE LAND USE Classification: MaRh 211D5 The PLANNING & ZONING BOARD shall be required to review all zoning applications and make a written recommendation to the City Commission. The CITY COMMISSION shall render all final decisions regarding rezonings and tnay impose reasonable conditions on any approved rezoning to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All format decisions shall be based on competent substantial evidence and the applicable criteria as set forth in the City's Code of Ordinances Chapter 20, Zoning end Chapter 166, Florida Statutes. Generally, rezonings take two (2) to three (3) months. All APPLICANTS shall be afforded minimal due process as required by law, including the sight to receive notice, be heard, present evidence, cross-examine witnesses, and be represented by a duly authorized representative. APPLICANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ^ A copy of the most recent SURVEY of the subJect property with Metes and Bounds description. ^ A copy of the LEGAL DESCRIPTION. ^ t 1 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classfflcations on the ADJACENT PROPERTY. ^ JUSTIFICATION for the Request based on Code Section 201. (See Attachment) ^ NAMES and ADDRESSES of Bach property owner within 150 ft. of each property line. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant Is other than the Owner or Attorney for the Owner (see below). ^ APPLICATION FEES: FEES areas SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL andlor PROFESSIONAL. SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of Bevel opment. REZONING, per Applicant $ 500 $ Plus $ 25/acre $ (or ponion ihcreo0 TOTAL DUE 9i By submitting Ihis application you hereby grant temporary right ofentry for city officials to enter upon the subject property for purposes of evaluating this application. +»######ww#++#»#+###»»#+#+#+»+#+###+##»»»w######++»#+#+++++++»»+»»+»+++++++++++»+»#+.+ FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: Tltis is to certify that 1 at~the Owner in fee simple of subject lands described within this Application for Signature Swot•n to and subscribed before me this day of 20.~ Notary Public My Commission expires: Personally Known I'~;'2~:': ~~ . ~~``~- Produced Identification: ~~'""•"° - '~ .~.rs~ e., :: Did take an Oath 7~~~•'- ,,~• Did Not take and Oath ~ °~.,;;;;;,;:•~`, " ~ ~ ` wuss.asassen~s ss v:.. w., _. .._ ..ea.a.~uuf ###########t####tit######i#++#»######++###»w~##############+i#####ii############i##### FOR USE WHEN APPLICANT 1S NOT OWNER OF THE SUBJECT PROPERTY: Bartholomew & Cynthia Phi 11 i~d~ereby with my notarized signature allow I, Hugh W . Hart ing, Jr . , P . E . to represent me in the Rezoning of my property. The property is identified as: Tax Parcel Number(s) Locatcdat 600 Old Sanford/Oviedo Rd.rd\ and as furt]3aK ide~on etes and Bounds description provided with this Sworn to and subscr'~ d before me this ~_ day of ~ 20~ Personally Known Produced Identification: (TYPe) Did take an Oath Did Not take and Oath ol~Public My Commission ex tress 5>0~ ~- ~ .~ o ~/ raquuaa6ew R!fa.Y.~!~'x• ~ :-.:,+.:2~1.a]IAl aai taa0 ";;.L ~ .~^~. ~2 .. ...._~ I'i :; . ...... .......rr..~.n..,,a...~,.,~........~ Mach 2005 See Attached Justification Statement for the Rezoning JUSTIFICATION FOR THE REZONING Taken from Winter Springs Code of Ordinances, Section 20-31. Address each of the following standards related to the REZONING request. Attach additional paper as necessary: ^ Is the proposed rezoning in compliance with all procedural requirements established by City code and law? ^ Identify how the request is consistent with the objectives and policies of the Comprehensive Plan including, but not limited to, the Future Land Use Map. Will the proposed change have an adverse effect on the Comprehensive Plan? ^ Is the proposed rezoning conslsterZt with any master plan applicable to the property? ^ Is the proposed rezoning contrary to the land use pattern established by the City's Comprehensive Plan? 4 ~i~n zcxu ^ Substantiate how the proposed rezoning will not create a spot zone (prohibited by law). ^ Does the proposed rezoning materially alter the population density pattern in a manner that will overtax the load on public facilities and services such as schools, utilities, streets, and other munic(pal services and infrastructure? ^ Does the proposed rezoning result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan? ^ Do changed or changing conditions make the proposed rezoning necessary? ^ Wilt the proposed rezoning seriously reduce light or air to adjacent areas? Match 21105 ^ Does the Applicant understand that, IF the City were to be presented with competent substantial evidence indicating that the property values would be adversely affected by the proposed rezoning, the Applicant would then need to demonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area? ^ Describe how the proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property. ^ Describe how the proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare? ^ Explain how the proposed rezoning is in scale or compatible with the needs of the neighborhood or the City. ^ Does the proposed rezoning violate any of the City's applicable land use regulations? TJa+ch 2IX)5 JUSTIFICATION STATEMENT 1. This rezoning request is running concurrently with the City processing an amendment to the C-2 zoning district in the Land Development Regulations that will allow for the restrictive C-2 rezone sought in this application, which will allow open storage as a permitted use and relief from setbacks against the property line adjacent to the existing railroad right-of--way. Upon the C;ity's processing and approval of the Land Development Regulations amendment, the proposed rezoning will be in compliance with all procedural requirements established by City code and law. 2. The request is consistent with the objectives and policies of the Comprehensive Plan and Future Land Use Map as it is a zoning classification allowed in the Commercial Future Land Use designation on the subject site, and proposes to provide appropriate transition of land uses from the Industrial to the north and the residential across State Road 419 to the south. There will be no adverse effect on the Comprehensive Plan as no section of the Plan nor change in Future Land use designation is being sought. 3. At this time, there is no master plan applicable to the property. However, as has been provided in discussions with the City, the requested restrictive rezone is consistent with the future use and development plans for the property. 4. The proposed rezoning is not contrary to the land use pattern established by the City's Comprehensive Plan. The established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested. 5. The proposed rezoning will not create a spot zone as it is adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary School property. Further, the C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north to the residential across State Road 419 on the south. 6. The proposed rezoning does not materially alter the population density pattern in a manner that will overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure as it is seeking a rezone consistent with the Future Land Use designation of the Comprehensive Plan, therefore, impacts for the property have already been factored into effects on public facilities, services and infrastructure. Further, any required impact fees, connection fees, and improvements will be met as required by City Code. 7. No, the established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested; and the subject property is adjacent to existing C-2 designated property to the northeast, which is the Layer Elementary School property. The C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north to the residential across State Road 419 on the south. 8. The proposed rezoning is necessary to provide the property owner a manner in which the property has viable use, while integrating into the existing land use pattern and community harmoniously. 9. The proposed rezoning will not seriously reduce light or air to adjacent properties. No use is planned for the property which would do such. 10. Yes, the Applicant is willing and prepared, if needed, to demmonstrate that the proposed rezoning change would not adversely affect property values in the surrounding area. 11. The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property. Improvements to the subject property are planned to be contained within the property and not alter transportation impacts on adjacent properties, nor affect the use of adjacent properties. Enhancements planned for the subject property will likely be an attribute and positive influence to the future improvement or development of vacant adjacent property. Vacant adjacent property is limited in the City, with only four vacant parcels, zoned Indsutrial (I-1) in close proximity to the subject site and range in size from .57 acres to 8.48 acres. 12. The proposed rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The C-2 restrictive rezone being sought here provides a natural and intuitive use transition from the industrial zoning to the north, to the residential across State Road 419 on the south. The established land use pattern already accounts for commercial on the subject property, no change in the established land use pattern is being requested. 13. The proposed rezoning is in scale with and compatible with the needs of the neighborhood of the City as the open storage/warehouse use proposed provides the community with a location to store items they can not at their respective residences/businesses, whether due to space limitations, or through restrictive covenants and deed restrictions. This particular location is positive for the City and neighborhood as it is not located within the Town Center or 434 Corridors, but is located within an industrial corridor and will provide transition from that industrial to adjacent commercial and residential. 14. The proposed rezoning does not violate any of the City's applicable land use regulations. DwYt~ 1v+ts-~wN. CF'K, A9A PROPERTY ~,pPRA,15ER a~wr~o~.s rcxrrmr rti.. 114! S. FuesT f7 iiAl~tNtlltp, tt a77'i1-1 ~ AQJ-ElgG-7EOB 2008 WORKING VALUE SUMMARY Amendment 1 impact not reflected, GENERAL Value Method: Markel Parcel Id: 34-20-30-5AW-0000-0340 Number of Buildings: 0 Owner: PHILLIPS BARTHOLOMEW D & Depreciated Bldg Value: $0 Own/Addr: CYNTHIA D Depreciated EXFT Value: $0 Mailing Address: 212 MORTON LN Land Value (Market): $75,000 City,State,ZipCode: WINTER SPRINGS FL 32708 Land Value Ag: $0 Property Address: ~t,ilttllytartcet Value, $75,000 Facfilty Name: Assessed Value (SOH): $75,000 Tax District: Wt-WINTER SPRINGS Exempt Value: $0 Exemptions: Taxable Value: $75,000 Dor: 10-VAC GENERAL-COMMERCI T;si~~~stlm~ltzr P~~tBbil(ty_~lll.~u!»ltRrr SALES 2007 VALUE SUMMARY Deed Date Book Page Amount Vacllmp Qualified WARRANTY DEED 03!2000 0382.5 Q(iQ $115,000 Vacant No 2~T-'fax 11iil.Ar~l!.ttu_rtt: $12 QUIT CLAIM DEED 04/1985 Q1_ti32 1507 $100 Vacant No 2007 Taxable Value: $750 WARRANTY DEED 01/1974 01,Q.1.5 0932 $5,000 Vacant No DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS Find Salea, withrn this pOR Code LEGAL DESCRIPTION LAN D PLATS: P'-ck... Land Assess Method Frontage Depth Land Units Unit Price Land Value ACREAGE 0 0 7.500 10,000.00 $75,000 LEG ALL LOTS 34 8 35 ENTZMINGER FARMS ADDN02P85PG9 OTE: Assessed values shown are NOT certil±ed values and there/Ore are subject fo C1lartge before being /finalized for ad valorem ax purposes. '*` If ou recent/ urchased a homesteaded ra ert our next ear's rt tax wIN be based on Just/Market value. 11.A OA9/iO .tOWi90N, C~A,A3A 3 ~'~ - 1tI.0 / ~ ~~yy.., 'W -~..l ~a , r t ~ ~` ~* PRUPERTY .. , t.o APPRAISER ~a.o i . ..-~,!~ ; <.» t TQ1 E. FtRSY ET c,AH~t~rta237t•r+e~H ' {Ysr3 z~i d i ~ ~{1.A ~ " 4Cr9 - BRS - 7! iC1B ' (i t , ~, i ~ 5 ~~ ~ _ ~ iz.c 2008 WORKING VALUE SUMMARY Ament~-tont 1 Impact aat retiet~ad. GENERAL Value Method: Market Parcel Id: 34-20-30-5AW-0000-0330 Number of Buildings: 0 Owner: PHILLIPS BARTHOLOMEW D & Depreciated Bldg Value: $0 OwnfAddr: CYNTHIA p Depreciated EXFT Value: $0 Mailing Addross: 212 MORTON LN Land Value (Market): $15,400 CIty,State,ZlpCade: WINTER SPRINGS FL 32708 tend Value Ag: $0 Property Address: ~tlgrff~llarcet Yalue: $15,400 Facility Name: Assessed V81ue (SOH): $15,400 Tax District: Wi-WINTER SPRINGS Exempt Value: $0 Exemptions: Taxable Value: $15,400 Dor: 10-VAC GENERAL-COMMERCI Tax Estimator ~'orfpl~i~ty...C~~ll~l~pt~!.I' SALES Deed Date Book Page Amount VaGlmp qualified 2007 VALUE SUMMARY WARRANTY DEED 03/2000 03825 C79!? $115,000 Vacant No 24t17„Ts74-5(11 At11UI,1ttt: $2 QUIT CLAIM DEED 0411985 41832 1597 $100 Vacant No 2007 Taxable Value: $154 WARRANTY DEED 0111974 O1Q18 t}8~2 $5,000 Vacant Yes DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS Find Sales within this DOR Code LEGAL DESCRIPTION LAND PLATS: P(ck•.. '~ Land Assess Method Frontage Depth Land Units Unit Price Land Value ACREAGE 0 0 1.540 10,000.00 $15,40Q LEG LOT 33 (LESS E 143.14 FT) ENT2MINGER FARMS ADD NO 2 PB 5 PG 9 NOTE: Assessed values shown are NOT Certified values and there/ore are subject to change before being finalized for ad valorem tex pprposes. "`l/ u recentl urchased a homesteaded ert our next ear's ro ert tax will be based on JusdMarket value. CITY OF WINTER SPRINGS KIVA REPORTING SYSTEM KIVA INFORMATION SYSTEMS FEE LISTING REPORT: bprp05 APN ................. DATE ................ F~ERMIT .............. I?ROP. DEVELOPMENT..: SITE ADDRESS........ SUBDIVISION......... 3420305AW00000340 14-MAY-OS REZO 2008401 MISCELLANEOUS ENTZMINGER FARMS ADD NO 2 OWNER ..............: PHILLIPS BARTHOLOMEW D & ADDRESS ............: CYNTHIA D CITY/STATE/ZIP.....: WINTER SPRINGS FL 32708 RUN DATE: 14-MAY-08 UN TIME:03:53:58 t'AGE : 1 OF 1 FEE CODE ACCOUNT DESCRIPTION QUANTITY FEE AMT ZP_REZONE ZONFEE REZONING PETITION 10 TOTALS: FEES SUBJECT TO CHANGE BASED ON PLANS REVIEW COPYRIG'3T KIVA 1997 - 2008 REVISION: 8.2 ~c:C `' 'F'1 TOTAL FEE AMT $750.00 $750.00 i r,. .;~e[~~.`_! t~tiE•.~li~ ".ASH 4;~t:FTD'„ ~F~:hiCr-x.1.1:. ~"•:~ ; !#;; 508f. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 4, 2008 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, June 4, 2008 was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Robert L. Heatwole, present Vice Chairman Charles Lacey, absent Board Member Rosanne Karr, present Board Member Edward Martinez, present Board Member William H. Poe, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Community Development Department -Planning Division Wishes To Provide The Local Planning Agency With Information On Proposed Legislation By The DCA (Department Of Community Affairs). Ms. Eloise Sahlstrom, AICP, ALSA, Senior Planner, Community Development Department spoke about "Hometown Democracy" and distributed an article published on May 28, 2008. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The May 7, 2008 Regular Meeting Minutes. Chairman Heatwole stated, "Requesting Approval May 7, 2008 Regular Meeting Minutes - do we have a Motion to accept those?" "SO MOVED." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 2 OF 11 VOTE: BOARD MEMBER KARR: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: AYE BOARD MEMBER POE: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Report. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Ms. Sahlstrom presented this Agenda Item and stated, "It does relate to [Agenda] Item `501'." Ms. Sahlstrom said, "This ad has been advertised in the Orlando Sentinel for the LPA [Local Planning Agency] Public Hearing and you are being asked to make a recommendation to the City Commission regarding this [Agenda] Item tonight. However, if in the discussion more time is needed additional Public Hearings can be held." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 3 OF 11 Continuing, Ms. Sahlstrom stated, "In closing, Staff found that the revision is in Compliance with procedural requirements established by the City Code and Florida Statutes and it is consistent with the Comp[rehensive] Plan. So, therefore, Staff recommends that the LPA [Local Planning Agency] P And Z [Planning And Zoning] hold a Public Hearing and recommend to the City Commission Adoption of Ordinance 2008-10 which Amends `C-2' General Commercial Zoning District to allow with supplemental restrictions indoor and outdoor paved parking and storage of automobiles, boats, boat trailers, watercraft, motor homes, travel trailers, equine trailers, and recreational vehicles under certain unique situations in specific areas of the `C-2 Zoning District'." Discussion. Chairman Heatwole opened the "Public Input "portion of the Agenda Item. Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke in favor of this Agenda Item and would like to have recreational vehicles instead of debris on this property. Discussion. Photographs of the property were shown. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin ~ Associates, Inc., 850 Courtland Street, Orlando, Florida: represents the owner of the property and addressed the Board Members related to Agenda Items `500' and `501'. Mr. Harling said, "If it is screened, non hazardous and nobody living there -anything else with storage, open storage would be allowed. What that does is, this property is large enough to be broken into a section that would be one hundred percent (100%) set up for recreational vehicles which would need to be segregated, but it also has a section that could be set up for work vehicles. The City of Winter Springs has been a leader in aesthetics within their neighborhood community for years and years and years and as such there are people who have signs on the side of a panel truck that are not allowed to park them at home." Continuing, Mr. Harling stated, "We believe that we could set up a section and we will work with your Staff on the constraint facility, because that is something that we had not really looked at in detail either with your Staff and or the [Seminole] County. So, we will do that, but we feel that work vehicles for plumbers, landscapers, maintenance people, surveyors; I am an engineer, we have two (2) survey trucks. If I could park them there and have one (1) guy pick him up and drop him off, it would save and it would work well I think for the City, because you have a very dynamic work base population in the City and those people maintaining the quality within the neighborhoods, this would allow them to go to work, come home and they would be close to City needs also." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 4 OF 11 Next, Mr. Harling said, "There are some business `Uses' that we think would be appropriate by fleet -you wouldn't have more than two (2) or three (3) vehicles for anybody in particular, but if you go down here a little bit, the entire school population, school buses have a fleet right before you ever get around the corner to us on [State Road] 419, and they certainly roll out every morning, roll in every afternoon and put a lot of traffic on our roads and system getting to the quality schools again that we have in Seminole County." Regarding storage, Mr. Harling said, "Somebody should be allowed to take a vehicle in there, store it and not necessarily be operable under the definition of operable by the Department of Motor Vehicles. And again, you don't want those vehicles being stored in your residential subdivisions, so this gives an option for that. So again, I come back to, I think if we had non hazardous, screenable and no living on the site, that that would define what should be allowed to happen in this highly specific area located adjacent to a railroad track with power lines and a screening system put in place. One of the things that we are negotiating both with the City and with the [Seminole] County is a cross trail. The thirty five feet (35') that you see adjacent to the road there, would become part of the trail system. There would beaten foot (10') wall right behind the trail system. The trees that are along there would become County controlled as far as -there are quite afew -black jack oaks and things like that along there and those trees would become part of the trail system also. Then that section between the wall and the rail would be the storage area, and if there happens to be anything that is in there at this point in time that you were talking about, it would be pushed back to the other side of the railroad tracks. So, I think we may be coming very close to taking care of the problems that you were alluding to. That pretty well sums up what I believe would be a slight modification to the Ordinance." Discussion ensued on Zoning. Ms. Sahlstrom said, "The `I-1' Zoning District does allow outdoor storage and it does allow storage of commercial vehicles, any kind of vehicles; work related semi trucks, anything." Ms. Sahlstrom added, "This change expands the `C-2' Zoning which currently does not allow any outdoor storage even if it is protected by a wall and brings that `Use' into the `C-2'. As it stands right now, any of those `Uses' are only allowed in the `I-1'. So, boats and RV's (recreational) are not allowed in `C-2'. This allows part of outdoor storage into `C-2' without allowing all of those `Uses' or all of those vehicles into this `C-2' Zoning." Discussion. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the Board Members on the Ordinance and "Uses" allowed. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 5 OF ] Tape 1/Side B Chairman Heatwole closed the "Public Input "portion of the Agenda Item. "I WOULD LIKE TO TABLE [AGENDA] ITEM `500' MAKE A RECOMMENDATION TO TABLE [AGENDA] ITEM `500' AND PROCEED TO [AGENDA] ITEM `501' AND GIVE US THE OPPORTUNITY TO COME BACK TO [AGENDA ITEM] `500'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e). Ms. Sahlstrom introduced this Agenda Item and said, "In writing this -Staff Report and included in your Agenda Item is the Application for the Rezoning. In looking at what the Applicant was requesting, everything that was included was stated in the Application. So, it was stated for boats and RV (recreation vehicle) storage and that was the direction Staff understood to be the Applicant's request and therefore, the Staff Report was based on that. In looking at a previous discussion at a City Commission Workshop, it was stated boats and RV (recreation vehicle) storage. So, it wasn't expanded to include work vehicles or where it could include any of the `Uses' that are associated with the 419 Metal [and Auto] Recycling [Center], no semi's, it was stated very clearly boats and RV (recreation vehicle) storage. If the Applicant wants to expand that `Use' it would be my suggestion and Staff's that they amend their Application and their justification and do so formally with the Application that we are reviewing tonight for this [Agenda] Item `501'." Discussion. Photographs of the property were shown. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED M[NUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 6 OF 11 Referencing Agenda Item `501' under Rezoning Analysis number (10), Board Member Edward Martinez, Jr. said, "In order for them to institute the kind of things that the Attorney was suggesting, you will have to make several changes or they have to reconsider their Application or Amend their Application and then you would have to work on it and then it would have to come back to us." Ms. Sahlstrom said, "That would be my recommendation." Board Member Martinez stated, "Thank you." Board Member William Poe said, "The Justification Statement that is with [Agenda Item] `501' was written by the Applicant?" Ms. Sahlstrom said, "Yes, that was written by the Applicant." Board Member Poe read the Justification Statement number `1' and said, "I don't see RV's recreational vehicles mentioned anywhere in there, so my question goes back to I don't see the Applicant asking for RV (recreation vehicle) and boat storage. I am seeing him ask for `open storage'." Discussion. Ms. Sahlstrom stated, "It does talk about [Justification Statement] ` 13' about storage, but it does say businesses there. You are correct on that. And actually there might be an error in the Justification part, but I do know that in the Workshop Minutes [City Commission Special Minutes, April 4, 2008], it simply said boats and RV's (recreational) but I don't have that included here for you." Mr. Stevenson clarified `Open Storage' and `Closed Storage'. Board Member Martinez discussed "Justification Statement" number 12. Chairman Heatwole opened the "Public Input "portion of the Agenda Item. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin & Associates, Inc., 850 Courtland Street, Orlando, Florida: addressed the Board Members and said, "One of the things that we did specifically put in the Request was that it be `Open Space' and again we try to keep things simple. The fact there is a railroad track, the fact that the powerlines are there, the fact that we are working with the [Seminole] County to put the trail through there and the fact that we want to screen it, so then what we want to do is protect what is behind the screen and also have an aesthetic view from the road." Photographs of the property were shown. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 7 OF 11 Continuing, Mr. Harling said, "This is what the entrance would look like at Wade [Street]. There would be -large landscape palms, it would be -the wall would be ten feet (10') tall brought around the corner and then this is what the wall would look like. The intent is to on three foot (3') centers to plant a ficus type vine that grows, put an irrigation system in that would be a low water use microjet type water system, grow a green screen along there. Two (2) things happen. You buffer sound with that and also with the wall itself you have a major structural element there to separate yourself from the trail and then the trail goes across the road and then you are at your residence. So, everything would be pushed further to the north that you were discussing before and in addition to that, you will have a ten foot (10') wall with landscaping green on it and a good landscaped entrance coming into it." Mr. Harling added, "Your Staff has been very, very kind and met with us many times. And in those discussions and some of the meetings that we had with them, we did discuss recreational vehicles, we also discussed containers, we also discussed that there should not be anything allowed behind that wall that was greater than thirteen feet (13') tall so that you do have the screening effect that takes place. All of those things are things that we have committed to. We continue to be committed to and we think that by doing this you are going to win a trail system, you are going to win a buffering system and a sound proofing system and a screening system from this totally from (State Road) 419 you are going to improve the entrance off the existing road system and we would just respectfully request that you move us forward with the Zoning and also that you go back and revise the language that has been presented to you for the -[Agenda Item) `500'." Mr. Wayne Duvall, 306 Wade Street, Winter Springs, Florida: spoke about Wade Street and is concerned about traffic. Commented about the intersection and suggested a traffic light. Mr. Duvall is in favor of this Agenda Item. Mr. Hugh W. Harling, Jr., P.E., President, Harling Locklin c~ Associates, Inc., 850 Courtland Street, Orlando, Florida: addressed the Board Members and stated, "We are donating an additional ten feet (10') on each side of the right-of--way. When we do the Site Plan, we will be required to bring the road up. The dust and dirt will go away. It will be an industrial commercial grade road system and then we will be required also to do any intersection improvements necessary for safe and adequate ingress and egress from the site, which we will do." Chairman Heatwole closed the "Public Input "portion of the Agenda Item. Board Member Martinez discussed `Justification Statement' number `5' and `10'. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 8 OF 11 Ms. Sahlstrom said, "One concern as I already mentioned that Staff had is that we did not feel it appropriate that a business would be operated out of the Site. If this Board wants to expand the `Use' to include utility trailers and small commercial vehicles, I am not opposed to that, but I would like it to be limited to certain smaller commercial vehicles not just any commercial vehicle, because I think it is very important that probably in opposition to what Mr. Harling said, I don't support a general description because then there is opportunity for misunderstanding misinterpretation. It has been clear from the Workshop, that the discussion was that this site would not be an expansion of the 419 Metal [and Auto] Recycling [Center] business. It would be a different `Use'. But it needs to be clear in any language that is adopted that we are providing a new `Use' for this site that gives economic viability to this property but, it also protects the residents and acts as a transition `Use' that is not an `Industrial Use'." Continuing, Ms. Sahlstrom stated, "Staff does not support generalizing this statement to just say non hazardous screenable and no living on this site. That is too broad to have any enforcement or to know what that means. But, I would support utility trailers, small commercial vehicles but not if they are being operated as a business operating out of that site that would generate daily traffic." Discussion. "MAKE A MOTION TO TABLE THIS [AGENDA ITEM] `501' UNTIL WE COME BACK TO IT AFTER [AGENDA] ITEM `500'." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: AYE BOARD MEMBER POE: AYE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARING WAS BROUGHT BACK NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • PUBLIC HEARINGS 500. Community Development Department -Planning Division Requests That The Local Planning Agency Hold A Public Hearing For Ordinance 2008-10, Which Amends Chapter 20, Zoning Of The Code Of Ordinances To Change The List Of Permitted, Conditional And Prohibited Uses In The C-2 General Commercial District. Board Member Martinez stated, "We need a Motion to bring this back up." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 9 OF 11 "I'LL MAKE THAT MOTION." "MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER MARTINEZ: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE THE MOTION THAT WE RECOMMEND BASED ON OUR PUBLIC HEARING TONIGHT RECOMMEND TO THE CITY COMMISSION ADOPTION OF ORDINANCE 2008-10 WHICH AMENDS THE `C-2' GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW INDOOR AND OUTDOOR PAVED PARKING AND STORAGE OF AUTOMOBILES, BOATS, BOAT TRAILERS, WATERCRAFTS, MOTORHOMES, TRAVEL TRAILERS, EQUINE TRAILERS AND RECREATIONAL VEHICLES IN CERTAIN SPECIFIED AREAS OF THE `C-2' ZONING DISTRICT ALONG WITH SUPPLEMENTAL RESTRICTIONS." MOTION BY BOARD MEMBER KARR. SECONDED BY CHAIRMAN HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER POE: NAY CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY MOTION DID NOT CARRY. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2008-11, Which Rezones Two (2) Parcels Containing 9.04 Acres, More Or Less, Located Adjacent To The North Side Of SR (State Road) 419 On The East And West Side Of Wade Street From "C-1 Neighborhood Commercial" To A "C-2 General Commercial" Subject To Certain Use And Other Restrictions Pursuant To Section 20-31(e). Chairman Heatwole stated, "Now, I need a Motion to go back and open [Agenda Item] `501'." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 10 OF 11 "I MAKE THAT MOTION." MOTION BY BOARD MEMBER KARR. SECONDED BY BOARD MEMBER MARTINEZ. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE BOARD MEMBER MARTINEZ: NAY CHAIRMAN HEATWOLE: AYE MOTION CARRIED. Chairman Heatwole said, "Again, what the Board has been requested is to Motion, if that is the desire and Approve [Agenda] Item `501'and send it on to the Commission for a Public Hearing." Discussion. "I MAKE THE MOTION WE APPROVE [AGENDA ITEM] `501' AND SEND IT TO THE CITY COMMISSION WITH OUR RECOMMENDATION FOR APPROVAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN HEATWOLE: AYE BOARD MEMBER MARTINEZ: NAY BOARD MEMBER POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Not Used. In other business, Ms. Sahlstrom clarified that if there is a dissenting Vote that those Board Members will need to furnish a written statement for the file. ADJOURNMENT CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 4, 2008 PAGE 11 OF 11 Chairman Heatwole adjourned the Regular Meeting at 8:31 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ROBERT L. HEATWOLE, CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were approved at the , 2008 Regular Planning And Zoning Board/Local Planning Agency Meeting. ATTACHMENT C RECEIVED Hon. Andrea Lorenzo-Luaces City Clerk Winter Springs, Fl. 32708 DISSENTING REPORT Planning & Zoning Board/Local Planning Agency Regular Scheduled Meeting -June 4, 2008 Item #500 -Ordinance #2008-10 Item #501 -Rezoning of Two Parcels of Land as per above Ordinance JUN 1 11008 CITY OF WINTER SPRINGS OFFFFICE OF 7HE CITY CLERK ~d~nd p In my opinion item #500 is flawed and written in such a fashion that leaves loopholes for this or other Commissions to force people to pazk the vehicles in question at this designated place of business, something that has not been needed in our City during the 20 yeazs of my residence. I am of the opinion that it does not meet the essential requirements of Section 20-251 of our Code It certainly does not promote compatibility to surrounding areas. Removing the trees lining the property along CR 4191eaving a barren and stripped area tends to be less compatible to surrounding areas than at present. It is my opinion that this issue needs further studies and an ordinance that really takes into consideration a positive contribution to the City of Winter Springs and provides a benefit for the residents of our City. Item #501 - As I understand the package Item #501 was dependent on the favorable decision of the Board for Item #500. Since Item #500 did not fly I did not feel that voting aye for Item #501 was a positive vote. Further more and since I sat through the earlier workshop covering the items in question it was evident that the applicant, his consultant and engineer had nothing new to offer. To the contrary they presented the very items presented during the workshop and in my opinion the Commission was not impressed. The wall remained the same with some green vines covering up the ugly looking block cement underneath. The trees that presently offer a buffer for the neighbors across the street will be gone making the project much uglier to look at and less aesthetic. There were no offers of vibrant and beautifying landscaping. There was not an offer to move the long ugly wall (assimilating a prison wall) back. The City's request to acquire amuch-needed right of way along the north edge was not there as well as an offer to correct the failing. For all of the above and the fact that I simply sensed a need of urgency by the applicant leading to obviating an in depth study of the project by staff recognizing all the ramifications involved and the fact that the project at this time does not appear to be of a benefit to the City of Winter Springs and of value to the residents of our City, I voted against both ii ms., I/ _ z ember -Member - P&Z/LPA -Winter Springs, Fl. -~: ATTACHMENT D F4 Oelando Sentinel THURSDAY, MAY 22, 2008 Lec atNo ,. iUIUC YEiTINO NOTICE Stolutet,. SecBtian~IB6~.01051• COU NINTHITU ~CI L ~ (CIVIL COFyRT SEA j °Prt A T TN AT O T U I~ ~ ~u'"^'"' r as ~1~ UIIfN, FIDWOA ~ f reaH ~ E D I I - LINTY F~OR~DA BY: Kelly Grubbs Deputy Clerk d Fem. o r a e ppractlcabin Mp Board of SuMrvlsors of the Reedy CSE710719 - ~~ • M NWA g~ ~I1~ DMSION NUWEN; 7i OLSIOB981 n Creek Improvement Dis• THE CRT OF NA trlct will meet In repulor xssion of 1900 Hotel PIOIa 0 s MUC N Nl S , B, 15, ?Z, 1000 F gE~l'URE OF G Boulevard Loke Buono Vls- C: lei to, Florluo. At that time ' tnev will consider pprodosad 1~-p Resolution No. IB3 de-o n- AN 0 IN~AN~CE OF THE FA rexinR cgtgin properly r,rvnY.rristrnu nc =L OF ACiION i CAAXAM rv me ue n m yr muu FOR THE REPEAL 0~ Ing 7aW at ar Mar E. of iM Sto a of lorida; and Dr:, anti Sophie provldin an efhctiva date PRIOR INCONSISTENT any rlando, Orange of sold ~nnexallon. TMY ORDINANCES AND RFk50• h Florida. You are will tonslder such other LOTIONS INCORPO A- De to serve a copy of Duslness as may oroperiy TT10 INfO. THE CODE +Itten defenses, if come Derore them. SEVNERABILITY AND AN fie Asaiatant Gener• EFFECTIVE DATE. bl fpr the Orongs The proarfv to be dean- OADNIAl1~E N heriff's OHica, Le• hexed is: Ic~s Ser~tlonb ~a~o AN ORDINANC F THE the n of Dr ve A persel rA len/ fe prb rl CITY COMMI StON OF Cfr o 31801 wfthln 30 ~A~s THE CITY 0 WINTER C ispVbllcotlon and estj~All~ej++! sst, Oris~t SPRING S F`QQR DA MY orlpinal witti the ~itt, flnMe, weuhle0 9S CHANGINti THE ZOt~IN4r i thlt Court either acres, ewre r ~ MAP pE51GNA~lON OF No rvlce on Petltlon- CERTAIN R~EE~ f1L ~ ROPERS 3,50 HMV or Immediets_ AOYICE TO THE fSJIUk If any Mlai 1 "A" A 1 i A~rr ape Oofed• Ap--lt- - ~deecc pD ~ ,1 tSABILITY WHO ~~ Oecl Isarwll^eraspedfocl^Y, N~ GMBbRH00D CO t~WNY ACCOMMO• Martha 0. Noynle,t:PA action considered of the M RCIAL TO C•2 GEN- IN ORDER T County ComWroller above public meefing, a ERAL COMME RCffAL" PATE IN THI a e o n plorlda verbatim record of all pro- SUBJECT TO CERTAIN pd ypu AR ~~ ~ Js ;,.~; • ceadlnOS, Ineludlnp Mfimo• USE AND OTHER RE- fn D:~"'WO 105 ~:~~ r~ ny on wldena, m y be ST KTI PURSUANT M TO f1E PROVI• bCWn y amp ro ler Seol) '' ~~RR~~ CERTTAIN AS• L569B0 ~ovid d•brcRClDord9s not RRPEAQIO NFRIOR Hl~ o PLEASE CON- ~~ 15, 13, p, IOOB CE g N l1RT ADMINIS- -A iEOtONt WITN DIfAeeAIIITIEf E5 LL An AV NUE SUITE NNOTICEE IIS ff~~EERR D Y G ~!• nsedin9 ossistonu 1o par- Eo ANDERE OLUTIONS• In AT /4S NOR7H ceedlnpiifw lu tlotontastt An EFFECTIVIE DATEND AfJ ph~AN~O, Ft 33801. EN 1Mt NEPTU ~ 1 L~C 11 jIONE (107) 636• the holder of the follow) ela Roo (107) 831-3111, /0 fh HIN 3 WORKING cerilflcote has filed gl flours In advance of the ON, WEDN pAY. NE. 1001 m~ YOUR RECEIPT certlfkata for a TAX DIEE h ~! ~ M DOCUMENT; IF to bs Issued thereon. TM mNting. ~ HEARING IM• CerliflcGle number and sa OR VOICE bM• year of Issuance, the de• AT: ~~~ CIFAII IA T ihi CALL 1.600.955• scrlpflon o) the property THE NA PN MALL and the homes In which I~ ` NAIA D117NICT ,,,, ~. ~ c~w~is 11 dov of April, w~as~assess~edyart as fol• COR71B759 SZ1NB ~' roA 30F'1~k of theDCourRt IY'--q'p~ ;g-~' 7M propoxd ordinances E I UAN 3~ppS NOTI OR N01 mov W Inspected by inter• N URT SEA) DESCRIPTION OF kOP- MMMO ested portles between B ~Y: Kelly Grubbs ER7Y• BRADSHAW AND EYEl011iNT DIITNCT d.m. and S p•m~n Monday or aPUfy Clerk THOMPSONS ADDITION through ritlo•~ al the ee TO APOPKA CITY / S TM regular melting Of 1M City's Clerk'e Y1tce, 19cat• LLOTS bl S3 Sd i 57 i pip Board of Suywrvisor7 of tM ed of 1126-E stOttStgte Raad Sn, B, 15, 31, T006 fT OF VAC Rp ON W LK Harmony C mmun4ty De• i3/, Winter Springs, Flgrl• 1~ IR UI p R A PARCEL 10 109.11.11• velopmenl D4strkt Is scMd- do. For more Informollon FOR RANG ~-01510 uled to bs Mld on TYmisr, call (107) 337.10001337. Per• F ORIDA Nome In which of4essed• Me p10 111 11 f:00 s ^. A ohs with disablppllrrtole~tenppeaead- ~; ~A.~~ FIRST A TIOCH MISUSION~ h ~~t~tereu~erkos~•p~stb~ shouditontaetheaocpemtplnovs ~~Tj {,CI• odPProMOU~inQA~nLhe ~E ~"~M~• Cpunr1ty of OrOnOe Sfoh of immediately fallo}{wfnr9rtotnhe ee Relations Department DA 1011.1 fbrlda. Unless such artif- ~DppDeeMlm~tlntl clt Five Oaki vonrce~pfot~Y ~rHnp of T M ~1• Rote sMll be redeemed ot• Orivi, Harmony, Flwlda. ^107)7377.1800, xtenslon cosrdlny to law, tM pr ty Both meetings are Open to ~gp: Ifhyousdiel ~lo ophp~earl 1 willerbee oldsto tAe hlpAeit rM DuDIk and will De con• tiny recommendatkNded• 0 E NE ~; bitlder of fM TralnlnB Fa- ducted in oecadonCa with {ion'mode by the Local ~~E• cility located of ?~lO Easf the provislans of Florida lanning ApeneY wlih re• EE l0 IE l ; OA• Mlchippn Street, rlando Law for CCom unity Devel• sped tC pnY matter tonsid• B Florltl6 on Jun-T9•IOOB o{ ppment Disirk~s. Copts of eyed a1 thli Ineefhle, you ~ ~F 10:0gpp a m iM agendas for tMx meet- will need a record of the ~ Dofed:•AVr•11.1000 Inge mayy be oClolned from y oceedings, anti for such N T Marfho 0 Havnle, CPA Severn Tr~nt Services, 110 pGrposes you mvy need to ~ County Comptroler North Un varNty Drive, 1nWre that a ver tlm r4• E Al Oranoe [CCounftyy~~ Florida 5 I{ 800, Coral SVprinyys, card of the Pro~ppedings 4s C MiAN 3 0 9v; Fhrlstie Wlllls °~orPda 330n, (950,7s1sE/1. made upon whitD the gp• EE` D(4putY ComptrollM peal is based. Interested ATDf~ON~r WIUM County Comptroller Seel) There may be occasions ovrlies are adylsetl thal t INCcC., antid onY OL569BB31 when a marl Supervl• they may appear at the C sirs, dwisees, ~' 8,'15, 7J, IWB son will partldpate DY tale- meeting oad De heard wflh editors, and ofh- ahOM. At ih above Iota- reepetf to fha prapofad or• I0 Ilan there wllT De orosenl a dinanca. xieela/nminp by NOTIC IS H R BY G~IV• speaker telephone so thal d under any o~ EN iMt NEP LINE 1 LLC onY Interested wWrson can SLS736771 SQZOA i homed Defend- the holder of the fol wlnv ascend the meetln9 at the t cerflficate has 111edIot4ld above location anti b fully ~ cerflficate for DD TAX DF~E ,informed Of tM dixuaslons ~ ~ to De Issued Therwn. hs taking place, 1lther In Per• ~ ' - ~ 0E AQIpN - Cartlllcata number and son or by t~ephpne commu• I nicatlons. T Ih s wofkshop 01 TH~TNIN AHN~UFORIOA- ~ CE SN INAN• cndi Ith~e~nomei InpwhlcA II ma ppe~ continued to a date C CuuI ~7 ~ p~pR~ C an~time certain to bs am µ0E COlSCAOENO M•CA•iT~~ LF~~~~DRIVE w~.assessed are as•fol• noarrced at iM workshop- CA0 yg0~ ~0 An person regUlring sp DMtgN: M WN ADDRESS AR 0 f551~ANCE; pp5 cial atcomnwd~ibns of ~n ~fl,~ 0~~ ~ RRENT RESI• D SCRIPTION OF PROP- meeting DeCau of o d~ t 0 KNOWN ~ R Y• PEACH LA 01111 or phys cal Impo MANOR UNIT 1X/130 LO men should contact Sever AT A/111L 11 IOOL~A D haven heln de• 173 OR B8P 5009//3~/11 ON TrOnt Servic•a, 110 North N OAUKNI~Nf tees, vedrfors 07-03.96 INST pC O BiP Univerdfy prlve, Ssytlce 400 PlaInHNS known persons 5087//619 ON 11-17.99 11NSST Coral SDrlnys Flor d0 ~spouxs clolm• WD PARCEL ID 1 D&33•IL ~3gn, f9S/~ 75}S~/l at-leaft WY N11MTKe rre• Yeeee ,mn nn,~.~,,,w.. A]A1JV)1M ATTACHMENT E ORDINANCE NO. 2008-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING APPROXIMATELY 9.04 ACRES MORE OR LESS, GENERALLY LOCATED ADJACENT TO STATE ROAD 419 AND ON THE EAST AND WEST SIDE OF WADE STREET AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM "C-1 NEIGHBORHOOD COMMERCIAL" TO "C-2 GENERAL COMMERCIAL" SUBJECT TO CERTAIN USE AND OTHER RESTRICTIONS PURSUANT TO SECTION 20-31(e) OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Corrunission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the owner of the Property subject to this Ordinance submitted an application seeking to have the subject Property rezoned from C-1 Neighborhood Cotrunercial to C-2 General Commercial; and WHEREAS, section 20-31 (e) of the City Code provides that the City may approve the rezoning of property subject to restrictions; provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Propertyhas distinct development constraints due to its location underneath an electric transmission line and close proximity to a functional railroad line and provides a distinct opportunity for economic development because of its close proxunity to a functional railroad line and state collector road; and WHEREAS, because of these distinct constraints and opportunities, and because the Property is also located near a school and residential area, the restricted rezoning adopted hereunder is necessary to balance the legitimate governmental interests of ensuring land use compatibility and fostering a private owner's reasonable use of land; and City of Winter Springs Ordinance No. 2003-1 ] Page l of 4 WHEREAS, the Planning and Zoning Board and City staff recoirunended approval of this Ordinance at the June 4, 2008, Planning and Zoning Board meeting; and WHEREAS, the owner of the Property consents to the terms and conditions of this Ordinance; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral corrunents and supporting data and analysis, and after complete deliberation, hereby finds the requested zoning change, along with the use restrictions set forth herein, consistent with the City of Winter Springs Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Cotrunission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests ofthe public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include a change of classification from "C-1 Neighborhood Commercial" to "C-2 General Commercial" for the property depicted and legally described on Composite Exhibit "A," which is attached and incorporated herein by this reference ("the Property"). Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 20-31(e) of the Winter Springs Code of Ordinances, the City Commission hereby restricts the use of the Property to the following: (1) All C-1 Neighborhood Commmercial uses. (2) The following C-2 General CoiYUnercial uses: (a) Outdoor storage facility specifically desi ed for theparking and storage of automobiles boats boat trailers watercraft motorhomes travel trailers equine trailers, miscellaneous fleet City of Winter Springs Ordinance No. 2008-11 Page ? of 4 vehicles (no dispatch yard) recreational vehicles and other vehicles prohibited in residential areas under sections 20-411 and 20-431 provided said stora~,e occurs on real property located adiacent to a state collector road and within and adjacent to an electric transmission line right-of- way/easement Said facility shall be subject to the supplemental regulations set forth in section 20- 256. fib) A sin,~le warehouse building not to exceed 27 000 square feet and twenty-five (25) feet in height provided the warehouse buildingLs located adiacent to a functional railroad line and used in contunction in whole or in part with the storage of products that are unloaded from railroad lines for wholesale or retail sale No outdoor storage of products and materials shall be permitted. Said uses shall be subject to all other applicable provisions of the City Code. Any other use of the Property shall be prohibited. B. Restrictions to run titi~t{z the land. The restrictions unposed by this Section shall run with the land, without regard to transfer ofownership or other interests, and maybe removed only upon further amendment to the zoning classification of the Property and this Ordinance in accordance with the procedures set forth in the Winter Springs City Code. C. Official ~orzing maps to be updated. City staffis hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this Ordinance by the City Commission, the City Clerk is hereby directed to record this Ordinance in the Official Records of Seminole County, Florida. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective nnmediately upon the effective date of Ordinance 2008-10 as adopted by the City Commission of the City of Winter Springs, Florida. If Ordinance 2008-10 does not become effective or is declared null and void, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. ?008-11 Page 3 of 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to Legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: See Section 7. City of Winter Springs Ordinance No. 2003-1 l Page 4 of 4 Ordinance 2008-11 EXHIBIT A LEGAL DESCRIPTION LOT 33 (less East 143.14 Feet), LOT 34, & LOT 35 ENTZMINGER FARMS ADDITION N0.2, PLAT BOOK 5, PAGE 9. ATTACHMENT F Existing ZONING May 2008 I-1 -~ I-1 ~~ ~F~~~ ., ~FI~~jFf3% ti' r ~~~ ~~ R-3 ~ _~~ .-- ~ ~ ~i ~~ 3Q 5~' ~ 0 230 460 920 Feet Source: Seminole County GIS, City of Winter Springs, May 2008 C-1 A-1 R-C 1 _ N Proposed ZONING June 2008 0 230 460 920 Feet Source: Seminole County GIS, City of Winter Springs, May 2008 N