Loading...
HomeMy WebLinkAbout2007 05 29 Public Hearing 508 First Reading on Ordinance Number 2007-05 CITY COMMISSION May 29. 2007 Meeting Consent Information Public Hearin2 X Re2ular ITEM 508 rz--- / ~ Mgr./Dept. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading on Ordinance 2007-05 which rezones 8.8 acres (more or less), located on the north side of SR434 east of the entrance to Barrington Estates and 600' west of DeLeon Street, from (Seminole County) "A-3" Agricultural to (Winter Springs) "C-l Neighborhood Commercial". PURPOSE: To resolve the fact that the zoning was never subsequently changed to a Winter Springs category after annexation from Seminole County in 2003 and to consider the request of Stan Toledo for Rezoning of the property to a zoning classification of (Winter Springs) "C-l Neighborhood Commercial". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sorines Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances). Winter Sorines Section 20-26. Intent and purpose. Winter Sorines Section 20-27. City commission authority. Winter Sorines Section 20-28. Due process; Special notice requirements. Winter Sorines Section 20-29. Applications. Winter Sorines Section 20-30. Staff review. Winter Sorines Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was adopted on December 13, 2004. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the May 29, 2007 City Commission Public Hearing Item 508 reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) All rezoning applications shall be reviewed for compliance with the following standards: (I) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; (2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law. (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not 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. (8) Changed or changing conditions make the proposed rezoning necessary. (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Winter Sprines 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 Rea/tv Co. . 272 U.S. 365 (1926) (upholdine the constitutionality of the principles of zonine). Florida Municipal Home Rule Powers Act. CHRONOLOGY: May 29, 2007 City Commission Public Hearing Item 508 Julv 28. 2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission previously annexed the subject property pursuant to Ordinance 2000-36 on November 27,2000; however, Seminole County and the City of Oviedo challenged the annexation. On July 7,2003, the circuit court quashed the ordinance and remanded the annexation to the City Commission for further proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court determined that the legal advertisement ofthe ordinance did not contain a legible map, however the court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted the findings of the circuit court supporting the City's right to annex the subject property, and annexed the subject property on July 28,2003. Feb. 13.2007- Application received for Future Land Use change and Rezoning. Mar. 7.2007- P& Z Board (LPA) heard the request and made recommendation of Adoption. Mar. 26.2007- City Commission tabled the request, until a meeting could be held with Oviedo and Seminole County to determine the planned use for the adjacent property. May 14.2007- City Commission removed the item from the table, so noticing could commence for a public hearing on May 29,2007. CONSIDERATIONS: Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708 Owner - Stan & Judy Toledo, Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708 Parcel Number - 25-20-31-5BA-0000-0 190 Acreage - approx. 8.8 acres General Location - The site is located on the north side of SR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street. Le~al Description - Lot 19, The Van Arsdale Osbourne Brokerage Co,'s Addition to Black Hammock, plat Book 1, Page 31. Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning and FLUM designations include the following: 'I ' t ; , \ ~ , I 1 ' I 'H ~ Subject Vacant, Undeveloped Requesting (WS) C-I Requesting(WS) Cortservation Site Neighborhood and (WS) Commercial with Commercial from Conservation Overlay from (SC) (SC) A-3 Rural-3 North Agriculture - Growing A-3 Agriculture (SC) Rural-3 (maximum of one of Ornamentals in Winter Springs dwelling unit per 3 acres) (SC) in Winter Springs South Vacant, Undeveloped A-I (SC) Low Density Residential (SC) East Vacant, Undeveloped A (OV) Request for Low Density Residential (OV) R-HOv) under review (maximum of3.5 units per acre) West Vacant, Undeveloped (WS) C-l Commercial (WS) Neighborhood Commercial (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo May 29, 2007 City Commission Public Hearing Item 508 DeveloDment Trends - The property immediately west of the subject property was annexed into Winter Springs in February. Letters/Phone Calls In Favor Or OpDosition - None to date. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: . (1) ComDliance with Procedural Requirements- The proposed 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 proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; (3) Consistent with any Master Plan for the proDerty- The property is not part of a Master Plan; (4) Not Contrary to the Land Use Pattern Established by the ComDrehensive Plan- The proposed Rezoning change from Seminole County "A-3 Agricultural" to Winter Springs "C-l Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; All parcels on the north side of SR 434 in the City are zoned "C-l Neighborhood Commercial", with the exception of Barrington Estates. The majority of parcels on the south side of SR 434 in Oviedo are zoned "R-I Single Family Residential" which allows a maximum of3.5 dwelling units per acre. (5) Does Not Create Spot Zonimz- The proposed Rezoning does not create a spot zone, which is prohibited by law. The adjoining property to the west (Winter Springs) has also applied for "C-l Neighborhood Commercial" zoning classification and the land at the bend of SR 434 (under Seminole County jurisdiction) has a commercial zoning. Should the church property (in Seminole County) to the west be annexed, it would likely be considered for "C-l Neighborhood Commercial" as well. (6) Does Not Materially Alter the Population Density Pattern- The proposed 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; (7) Does Not Create Illogically 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- The Annexation of the property into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter Springs' Zoning Designation. Winter Springs does not have an "A-lO Agricultural" Zoning. The "C-l Neighborhood Commercial" is the most appropriate designation for the north side of the SR 434 urban arterial. (9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (lO) Adverse ImDact on Surrounding ProDerty Values- The proposed zoning designation has been May 29, 2007 City Commission Public Hearing Item 508 determined by evaluating the prevailing character of the area around the subject property; (11) Not Detrimental to Future Improvement of Adjacent Vacant ProDerty- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Re2Ulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the citY; FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. PLANNING & ZONING BOARD I LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardILP A on March 7, 2007, the Board! Agency recommended approval of Ordinance 2007-05, with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for First Reading ofOrdiilance 2007- 05, changing the Zoning classification on the subject property at 282 S.R. 434 from "A-I0" Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: May 29,2007- 1st Reading of Ordinance 2007-04 June 7,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) June 25,2007- 2nd Reading /Adoption of Ordinance 2007-04 ATTACHMENTS: A. Application B. Excerpt from LP A Minutes, March 7, 2007 C. Excerpt from CC Minutes, March 26 & May 14, 2007 D. Ordinance 2007-05 including Map & Legal Description E. Current Zoning Map, May 2007 F. Proposed Zoning Map, May 2007 G. Oviedo Letter of Comment- May 11,2007, as requested H. Response to Oviedo letter- Winter Springs Codes related to alcohol, buffers and setbacks CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407 -327 -6695 ~~o .l!.c;,~\ \\~ 4.~ \~ G'O r- ~CO ~\'~~.<'.. ~ ~~~ .~'9 ..rl'~o.~ -( o~ ~~\'Ci C\\r>~~ APPLICATION FOR REZONING APPLICANT: ~edo ~ stAv'l Last First MAILING ADDRESS: If t./-b tene aA. @j"J,. W,n~( ~~ I 1='1,... ... PlY State PHONE & EMAIL: 'f07 - er77 -A 70 " Middle 3:2-70B Zip Code If Applicant does NOT own the property: PROPERTY OWNER: Last First Middle MAILING ADDRESS: City State Zip Code PHONE & EMAIL This request is for the property described below: PROPERTY ADDRESS: a,er~ ~ C)n Sb.RJ. If.3''' TAX PARCEL NUMBER: 015' -Ot.O - "3 (-!> eA. - 0 DOO - <S:>I '10 SIZE OF PARCEL: ?JS 3,087 6 f: a. e A-c. Square'Feet ACmI . EXISTING LAND USE: UVld e ve.'" ~eJ CURRENT ZONING Classification: ~ ri c.u (fu r €.. REQUEST for a CHANGE to City of Winter Springs ZONING Classification: Comrnerci4- Current FUTURE LAND USE Classification: Match 3XlS 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 may 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 formal 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 and 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 tlle right 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 tQ insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeill is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ~ A copy Df the mDst recent SURVEY Df the subject property with Metes and BDunds l' descrlptiDn. )q A copy Df the LEGAL DESCRIPTION. r;rl. 11 x 17 MAP shDwing ADJACENT STREETS and ZONING AND LAND USE classificatiDns Dn the ADJACENT PROPERTY. )C JUSTIFICATION fDr the Request based Dn CDde SectiDn 20-31. (See Attachment) ~ ~ NAMES and ADDRESSES Df each prDperty Dwner within 150 ft. Df 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 are as SHOWN BELOW plus ACfUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or 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 development REZONING, per Applicant $ 500 $ Ii 00 ,ct> Plus $ 25/acre $ '-DO,OO (or portion thereof) TOTAL DUE $ 700,'0 2 Much :ros By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application ofr Rezoning Stan Toledo signature of Owner Sworn to and subscribed before me this 5th day of March 2007 Chyrel Jackson Notary Public My Commission expires: March 02, 2008 (i!J ChrJIj ./aloft '. · _ commlalOn 00285803 \'.,':sI Elcpir. Mardi 02. 2001 )< Personally Known ProduC~de~tification: L' (Type) (" \U't I'S ,~ -e nSe.. Did take an Oath Did Not take and Oath ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, do hereby with my notarized signature allow to represent me in the Rezoning of my property. The property is identified as: Tax Parcel Number(s) Located at and as further identified on the Metes and Bounds description provided with this Application. Signature ofOwner(s) Signature of Owner( s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath 3 Much 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ...................................................................................... FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is 10 certify that I am the Owner in fee simple of subject lands descnbed within this Application for ture of er Sworn 10 and subscribed before me this _ c::; daYOf~201:Ll ~o\;) ~ Notary Public .. ~ My Commission expires: C1.:' ...... '...... \~ ,...;"" ComnlIIIIon DDa5a " .... MInlb 02. 2001 x Personally Known ProdUC~tification: (Type) \ \J'" (' So L~ t! ~~oe...... Did take an Oath Did Not take and Oath ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, do hereby with my notarized signature allow 10 represent me in the Rezoning of my property. The property is identified as: Tax Parcel Number{s) Located at and as further identified on the Metes and Bounds description provided with this Application. Signature ofOwner{s) Signature ofOwner(s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath 3 Match 2005 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE60F 11 PUBLIC HEARINGS 203. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of State Road 434 East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". Ms. Sahlstrom presented this Agenda Item and displayed the existing Zoning Map. Ms. Sahlstrom said, "Staff has reviewed the fourteen (14) Criteria required for re-zoning Applications and believes that C-l Neighborhood Commercial is the appropriate designation for this property." Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: Mr. Toledo said, "I have pursued some issues in terms of the wetlands. 1 already have a wetland report which is favorable to the fact that there are not encroachments or any effects on wildlife, etcetera." Mr. Toledo then said, "It is my intent that if 1 could pursue favorably with the St. John's Water [River Management] District, 1 do want to preserve about two (2) acres which would be buffering the Barrington Estates." Mr. Toledo said, "I hope 1 can work favorably with the Mann property where we share just one (1) access instead of having possibly three (3)." Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: spoke briefly about the property site. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM 203 AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARDMEMBERRYSER: AYE VICE CHAIRPERSON TILLIS: AYE BOARDMEMBERKARR: AYE CHAIRMAN POE: AYE MOTION CARRIED. "..,"''''- .,.,.... ATTACHMENT C CITY OF WINTER SPRINGS. FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 26. 2007 PAGE 19 OF 26 Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs. Florida: as a resident of Barrington Estates, Mr. Voorberg commented on lack of adequate parking for a two (2) story structure. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '501'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: CO~SmONERMILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE CO~SSIONERGILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese said, "On these last two (2) items, do you want us to go back and possibly pose a third item on the next go-around and Development Agreement regarding the SR (State Road) 434 guidelines, and the height?" Commissioner Brown stated, "I think so." Mayor Bush remarked, "The hei;ht seems to be a 1IUljor issue." Commissioner Krebs commented, "Yes." Deputy Mayor McGinnis added, "Yes." Mayor Bush summarized, "We have Consensus." .:..) AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS WERE HANDLED CONCURRENTLY, AS DOCUMENTED. ++ PUBLIC HEARINGS PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Fint Reading Of Ordinance Number 2007-84, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Conservation" And (City Of Winter Springs) "Commercial" With "Conservation Overlay". CITY OF WINTER SPRINGS. FWRlDA MINUTES CITY COMMISSlON REGULAR MEETING - MARCH 26. 2007 PAGE 20 OF 26 PUBUC REARlNGS 503. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For Fint Reading On Ordinaace Number 2007-05 Which Rezones 8.8 Acres (More Or Less), Located On The North Side Of SR (State Road 434 East Of The Entrance To Barrington Estates And 600' West or DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE '502' AND '503'- UNTIL THE FIRST COMMISSION MEETING AFTER WE MEET WITH THE COUNTY AND OVIEDO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE CO~mONERKREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Manager McLemore said, "Are you wanting to do a joint City-County Meeting over this piece of property?" With discussion, Manager McLemore then asked, "How do we get to that point?" Commissioner Miller suggested, "We have a Meeting with them." Furthermore, Commissioner Miller added, "The Mayor is going to go and organize a meeting and point out to - both entities that the City of Winter Springs wants to make certain that whatever it is that we are doing is in consonance with them, if they're interested, and if they are not, then let them tell us that." Mayor Bush noted, "What I would like to recommend - in thinking about this, it is going to very hard to get all of these people together, that we try to have a meeting - with the Managers and the Chair of the Seminole County Commission and the Mayor of Oviedo, and the Managers from the County and Oviedo and of course, Mr. McLemore and myself - will sit down and have a discussion on this." ATTACHMENT C MEETING ABSTRACT 'CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING MONDAY, MAY 14, 2007 - 5:15 P.M. CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434 ~NTERSPRINGS,FLORIDA Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Lockcuff, present City Attorney Anthony A. Garganese, present REGULAR 603. Community Development Department - Planning Division Requests The City Commission Remove From The Table, Mr. Stan Toledo's Request For A Comprehensive Plan Amendment Changing The Future Land Use (Ordinance Number 2007-04) And Rezoning (Ordinance Number 2007-05) Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' (Feet) West Of DeLeon Street. Mayor Bush stated, "Can we have a Motion to remove from the Table." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush stated, "What we need then is a Motion to put this as an Agenda Item for the May 29th, [2007] Meeting as a Public Hearing and First Reading." "SO MOVED." MOTION BY COMMISSIONER KREBS. COMMISSIONER BROWN. DISCUSSION. SECONDED BY VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. ATTACHMENT D., ORDINANCE 2007-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 8.8 ACRES MORE OR LESS, GENERALLY LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-3" TO CITY OF WINTER SPRINGS "C-l NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIll, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their March 7, 2007 meeting; 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 comments and supporting data and analysis, and after complete deliberation, hereby finds the requested change 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 Commission hereby finds that this Ordinance serves a legitimate government purpose and is in the best interests of the 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 City of Winter Springs Ordinance No. 2007-05 Page 1 of 2 . .,~. ."'''''' include a change of classification from Seminole County "A-3" to City of Winter Springs "C-} Neighborhood Commercial" for the property legally described on Exhibit "A," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 S. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2007-04 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-04 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of . 2007. 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: City of Winter Springs Ordinance No. 2007-05 Page 2 of 2 - EXHIBIT 'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007 Legal Description: Lot 19 (less road) The Van Arnsdale Osborne Brokerage Co. 's Addition to Black Hammock, Plat Book 1, Page 31 ATTACHMENT E EXISTING ZONING MAY 2007 ATTACHMENT F PROPOSED ZONING MAY 2007 ATTACHMENT G o The Iltl of VladO FLORIDA 400 ALEXAN.DRIA BOULEVARD. OVieDO, FLORIDA 32765 May 11, 2001 City of Wlnter ,Springs A TTN: . Stevensorl, Community Development Director 1128 East. ate Road 434 Winter Springs~ Florida 32708 RE: Comprehensive Plan Amendment and Rezoning,approximately 8.8aere& located on the north side of SR 434 east of the entrance to Barrington E$tafes and 600' west ofOeleon Street Applicant: Stan Toledo. Mr. Stevenson, Th$~ity.of~edoha$ recei,,~the'GityofWinter$prin~$,r(t(Il.I,~Uo~mmnontbeJ~of compatibility of the prbposedfUture land .use map.amendmentftOm' 8eminol.&'OOQAt}'Rurallo qityo.f Wi",..- $J)l'ing, Qo.ntElnr"tion ~lndCo.mJ'Yl8rcial.lIJildpr~'d ~~g,bm SEmJino.le oountyA..a(~QultUte)to..V\lintet $prin~s ..0'-1 .(~ei~~bOrt1o'Od ..~Ql11m.diat) . for . pt<>P$~ f1\\entioned!bove(f\ereafter'referred to as: the "subJectpre~ located Within.th&, C'tI'bfWinter Springs,Withfh.atofthesurrOundingpropertfe$ located\VlttJlnthe cwo.rporateboundaryofthe 'Gfty of Oviedo. Pr~p$rties within 1 ;000 fe$t of the sUbject property and Idoated Within th& ~ty of Oviedo corporate boundaries are designated as LOR (Low Density RedhWial) on the CitY's FtJtufe,Land Use Map and ar. located In the A (Agriculture), ~1 (Single flarnHy Low to Denstty). and/or R..1A (Single Family Low to Medium Denstl,) zorlingdiStrfOlS' per the . . lal ZOning Map. The proP$rly ab\.ltting the subject prQp$rty to the east i, I()capd Withl . 'Si\yOf Oviedo corporate boundary and has a future land use designatiOn of LOR. (lAY OllnsJtY R.id.ential) ^1ll'C1 is located within the A.(Agrlculture) zoning district. the City is currently,ptoCeuingazoning map amllndment appUoation for the property ab\.ltting the subject prqperly to the.ea.st. Th$zonlng . map a'm'Elndment is a request to rezone certain pro~ from A to R-1. The requested zoning map amendment is currently under review and has not been scheduled for public hearings. . Of primary concern resultant of the proposed change in th$ futur$ land use and zoning sre the following: 1) DO$s the Olty of Wint$r Springs require distance s$paration of alCOholic beverage licenses from schools and/or chUrch$S? . a) Attached, is ArtiCle V, Section 5.6., Alcoholic Bev$rages detailing the Cttyof Ovt$do's alcoholic beverage regulations. 2) Is there any "toor available to not allow establishments with gross a1cohol sale8.in excess of 50%? 3) What sort of setbacklbuffering will be requir$d on tills property? 4) What method of nui$ance abatement does the Oity of Wmter .Springs prOVide regarding Iightinglglare, garbage removal, garbage container screening, and noise? 5) Traffic distribution/analysis WWW.cityofovledo.net Additionally. upon ...viewof th~slaff reportforthis project a few Inaoeuraeies WSF6 identified: 1) RUomij~Anal~iS#4 .Not Conttaryto th& .LiUto. Un ...P,ttIIm .~iStfid. .b\<<.....the C9I1lP,,-ive Plam., th~ r~pqr:t~latf.t' "'1fIte ~Nri(yqfpa1'(:flfS:.~ _ ~JAf;~<<$R 434ft1;~bate.zonedffR-1 $In{:jle P8l11IIy Re$id6iltial" whfGhafkJwss.maxlmU1fto.f5.12 dwt1Jlirfg.uJ!llt&s.peracre;" a. This r.. ir1~ect. .Thesyrr()undll'Tqproperti51~~witb.tn'fbl ttty9f~W~()care zoned fIt..1; however,. the...LOWDensity Residential Future latldUsedesi$mdion only aUo~ ,.,ral'l1a)dmuOl~.5 uni~peracre. 2) ~()r1inp~tUll~i$#5 .[)oes NO............. .. ......... .. 0 . nir1...~,ther.ort~'.te~.,.be~~I"lllg pro/Jenyw.mfj,W!st(Wjliter Spri(jgB) nasaI80appliedfof"o-1N.tKflliJiOmood(.~merci81" ZfJOlrlg~s$iljGlfltiorfand.the 'ltOd...tths end of SR 4$4{f!n_~llQleC9"mty jutlSdlCtiQlj).tlasacommerciaJ ZOIl/l1ft' a. The lill'1datthe el'1dof SR ~i, right: of way and is notconsklet6d a parGilOf land nor. JtstlbJectto the$emin<JJeOoynty Land.'Oeveloprnel'lt~e;therefore~there is.no~rnm6reianyzOIl8trj.land to the ea8t of the subject 'pmpertyalon,the e~t~tion of $R4~. b. ActditiOnaIIY~the'referenee'tQ.tn.\"a~Joinin"p"OfE'"tOth~~ari$~~~1-at! $eeing as h~ thepropertiessiUJawd lothewestof.the .sub~Gf ~. at...lther;in the QQ{.Irt~"or (levelopeda~ aa~Qn):stQs(.lready~n~d R-'1~)! c. . The.sutJject;propettydoes:nOf _Join any Janddesi,natea asCOlJjmer.l. 3)Re~l'lingArt@I'" #11 .Not[)et(irn..~~ltoFuture ImpovemeQt 'Of.~tVacant ~~~tty,. th~ report states IIThfJ f~t.ttt l11thfJ:tcn/ng (fft~1j .pmpe"la: to'.~8'zcnln(l classifmatltJn . for the subject pmpedy that is consiStent .and ~pl!iflbJeWith the $tlltOlJIJdlhr;tst1d#SfJ$;p a.The$ubjeetproperty iSllotdoesnot adjoin8l'1ylanddeslgnatedasc<)mmercial. WJthf$$~tQth~ I$$U~~ide~tifiedab~ve~ttte:~it, of OviedOdoesnQt fe~tbaUheprOpo$ed future land uss.maP amendmenl..from Seminole County Rural.. to. Oi' jf..Winterspnl'lgS ~~ati()niln4Gornrnercial,andiproPQ~~~ntng from f)emirl()~ ~oPI'1ty M ,..i~p.lture} to wmt<< SprJrtgs6-1 (Neighborhood Commercial) is not cornpatible.with the;$UrtQundingarea, ,..hanttyoufottheQPportunityfOr the City of O~tedo topro\<<ide cornmeol$, Sincerely. Matt Dorsten, Planner n City of Oviedo DeVeIopmentServiCes Department, Planning Division 400Al~drlaBoulevard Oviedo, FL 32765 (407) 97'1-5778, phone (407) 971-5819, fax rndorsten@cityofoviedo.net Enclosure(s) ARTICLE V. SUPPLEMENTARY USE REGULATIONS SflCtlon tU. Alcoholic BeveragN. (C) Classifications (H) Outdoor DIsplays Outdoor displays of merchandise or promotional Items shall be prohibited. (I) Hours of Operation Convenience stores (Type I and Type II) which are located within two hundred (200) feet of a residentially-zoned property shall be closed between the hours of 11:00 p.m. and 6:00 . . a.m. (J) UtilIty Connections All Type I and Type II convenl.ence stores shall be served, by public s~we~ prior to occupancy of the building. . .., . Section 5.6. Alcoholic Beverage$. (A) Required (1) No alcoholic beverages shall be manufactured, distributed or sold within the City. except by a business holding a valid certificate Issued by the City permitting the sale of such beverages. (2) Each certificate shall be valid and operative for only. the place of business described In the certificate, and no beverages shall be permitted to be sold except at such place. (B) Application (1) A person proposing to manufacture, distribut~, or sell any alcoholic beverages within the City shall make written application for a City certificate accompanied by evidence that the applicant holds, or will hold upon issuance' of the certificate, a valid and current state beverage license. . . (2) The application shall be reviewed and Issued in accordance with Subsection 5.6(0), " .: Issuance. (C) Classifications For the purposes of review and approval, there shall be five (5) types of certificates: (1) Class I, to. sell only beer or beer and wine In sealed containers for consumptIon off premises (1 APS and 2 APS). (2) Class II, to sell beer, wine and liquor in sealed containers for consumption off premises (quota liquor license, 3 PS, 3-APS, 3BPS, 3CPS, 30PS). (3) Class III to sell beer or beer and wine for consumption on the premises and by package (1-COP. 2-COP). (4) Class IV to sell beer, wine and liquor by the drink, for consumption only on the premises, In a bona fide restaurant Offering full course meals to one hundred fifty (150) or more patrons and providing floor space of at least two thousand five hundred (2,500) square feet, all under a permanent type roof (Series 4-COP-SRX); or to sell beer, wine and liquor by the drink for consumption only on the premIses In bowling establishments containing twelve (12) or more lanes (4-COP-5BX); or to sell beer, wine and liquor by the drink for consumption only on the premises at a golf club or tennis/racquet ball club with not less than ten (10) regulation size courts (Series 11-C and 11-CX). (5) Class V to sell beer; wine and liquor for consumption on the premises and by package (Quota liquor license, series 4-COP); and to sell beer, wine and liquor at certain hotels Oviedo Land Development Code V.19 ARTICLE V. SUPPLEMENTARY USE REGULATIONS Section 6.6. Alcoholic Beverages. (C) C/asslfleatlons and motels for consumption on the premises and by package (Series 4-COP-S); and to sell beer, wine and liquor by the drink only, for consumption on the premises at fraternal and benevolent clubs (Series 11-C). (D) Issuance (1) The City Manager, or designee, shall Issue class I, II, III and IV "certificates if the application complies with the requirements of Section 5.6, Subsection (E), distance requirements and Article 1\1, Section 4.11 (A), prohibited uses of this LOC. If an application is denied, the applicant may file a written appeal to the City Council. (2) The City Council shall consider all applications and may approve, by majority vote, the Issuance of Class V Certificates. In determining whether Issuance of the certificate is in the general welfare of the City, the Council shall consider at least the following: (~) Land Use Compatibility and Conformance with this LDC. The proposed facility must conform to the general character of the surrounding area and with this LOC. (b) Access and ParkIng. The proposed site must have safe and adequate access and sufficient parking. (c) Existing Number of Similar FaclllUes. There shall be no more'than one (1) Class V certificate issued for every two thousand five hundred (2,500) residents. . (E) Distance Requirements (1) No Class V certificate shall be Issued within one thousand (1,000) feet of any location for which a Class V certificate has already been Issued and Is In force unless the City Council finds that such use would be appropriate at the location and approves the application. (2) No Class II or V certificate shall be issued to operate a business within one thousand (1,000) feet of an established church, or within two thousand (2,000) feet of a public school or private school as defined by F.S. ~ 1002.01, or its successor provislon{s). (3) The distances required in this section shall be measured according to the shortest distance from property line to property line except for uses located within shopping centers as permitted by this LOC which uses shall be subject to the provisions of Subsection 5.6(E)(1) and which distances, within the shopping center, shall be meas~red by the shortest practicable distance traveled by a pedestrian from the entrance of the business to the entrance of the other use to which the separation applies. (4) Whenever a certificate has been issued for a specific location, and thereafter a church or schoolls established, the establishment of the school or church shall not be cause for revocation of the certificate. (F) Hours of Sale No business holding a certificate under this article shall sell, consume, serve or permit the service or consumption of any alcoholic beverage between the hours of 2:00 a.m. end 6:00 a.m. Oyledo land Development Code V.20 ARTICLE V. SUPPLEMENTARY USE REGULATIONS Section 5.6. Alcoholic Beverage.. (K) Revocation (G) Bona Fide Restaurant or Business Status In accordance with provisions of this LOC, no certificate may be Issued for a bar or cocktail lounge offering alcoholic beverages for consumption on the premises that Is not incidental to or within a portion of a building used for a bona fide restaurant seating not less than forty-five (45) patrons. Upon review and approvalln accordance with the provisions of this LOC, a deviation may be granted for the required number of patrons in accordance with the deviation procedures of this LOC. However, businesses permitted by this LOe on the basis of deriving no more than forty-nine (49) percent of gross sales from the sale of alcoholic beverages by the drink incidental.to another bona fide business use shall also be permitted under this article; provided, however, that a deviation to the maximum percentage of gross sales from the sale of alcoholic beverages shall not be granted. (H) Compliance with State Licensing Requirements and Regulations All businesses holding a certificate under this article shall comply with the regulations and licensing requirements. of the state. (I) Conduct of Business; Maintenance of Premises All businesses holding a certificate under this article shall be conducted In an orderly manner and not allowed to become a nuisance in any respect; shall be kept In a clean and sanitary condition; and shall be subject to Inspection at all reasonable hours. (J) Fee The City Council shall establish by resolution any fees for certificates under this article. (I<) Revocation Upon cause being shown by competent and substantial evidence, the City Council may revoke a certificate Issued under this article after notice to the business and a public hearing before the Council if such hearing is requested. Oviedo land Development Code V-21 ATTACHMENT H. Response to Oviedo Letter: Winter Sprine:s City Code related to alcohol.. buffers and setbacks. ALCOHOL: Sec. 3-2. Location of business engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alcoholic beverages (alcoholic beverages defined as all beverages containing more than one (1) percent of alcohol by weight) shall be allowed to locate within two hundred (200) feet in an airline [a straight line] from any existing church or a public or private school operated for the instruction of minors in the common branches learning, relating to pre-kindergarten through grade 12 with said distance being measured frombuilding to building at their closest points. BUFFERS & SETBACKS: S.R. 434 CORRIDOR OVERLAY DISTRICT . Sec. 20-465. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: TABLE INSET: Buildings Parking S.R. 434 50 feet 15 feet Collector Street 35 feet 15 feet Internal Street 15 feet 15 feet Side 10 feet 5 feet Rear 10 feet 5 feet Sec. 20-469. Buffers and walls. (a) Buffers: A minimum fifteen (15) foot landscape buffer shall be provided by the developer/property owner abutting the designated right-of-way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. ... (b) Any developer or property owner proposing a commercial or multi-family development or redevelopment adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the adjacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi-family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not allowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compliance with this section and the City Code. ...