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HomeMy WebLinkAbout2000 02 28 Public Hearing B First Reading - Ordinance 2000-05 "Neighborhood Commerical" ~, 1, COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular February 28. 2000 Meeting MG~ffiYrd' AUthOrizat~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the first reading and consideration of Ordinance 2000-05 to designate the Lamoureux property (2.5 acres) on the City's Zoning Map C-l "Neighborhood Commercial" . PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading and consideration of Ordinance 2000-05 to change the Zoning Map designation of the Lamoureux property from County A-I <<Agriculture" to City designation C-l <<Neighborhood Commercial". APPLICABLE LAW & PUBLIC POLICY: See, 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend to the City Commission the boundaries of the various original zoning districts. . and any amendments thereto. . ,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. " CONSIDERA TIONS: . The subject property was annexed into the City on September 27, 1999, FEBRUARY 28,2000 PUBLIC HEARING AGENDA ITEM B Page 2 . The Planning & Zoning Board at its February 16, 2000 meeting, recommended approval of the Zoning Map change with the condition that the property owner sign a statement that is "recordable" that may be filed with the City Clerk to the effect that he fully recognizes and agrees to the S.R. 434 Corridor New Development Overlay Zoning District applying to his property, FUNDING: N/A PLANNING AND ZONING BOARD RECOMMENDATION: · The Planning & Zoning Board agreed with the staff recommendation to recommend approval to the City Commission the request for rezoning, by Mr, Robert Lamoureux, of the 2.5 acre parcel from (County) zoning designation A-I "Agriculture" to (City) zoning designation C-l "Neighborhood Commercial" with the condition that the property owner sign a statement that is "recordable" that may be filed with the City Clerk to the effect that he fully recognizes and agrees to the S,R. 434 Corridor New Development Overlay Zoning District applying to his property. STAFF RECOMMENDATION: Staff recommends that the City Commission approve the request for rezoning by Mr. Robert Lamoureux of the 2,5 acre parcel from (County) zoning designation A-I "Agriculture" to (City) zoning designation C-l "Neighborhood Commercial", IMPLEMENTATION: The City Commission would hold a public hearing for the second reading and adoption of Ordinance 2000-05 on March 13,2000, Ordinance 2000-05 will take effect immediately upon adoption. FEBRUARY 28,2000 PUBLIC HEARING AGENDA ITEM B Page 3 ATTACHMENT: A. Ordinance 2000-05, B, Map of the subject parcel for rezoning. C, February 16, 2000 Planning & Zoning Board minutes, COMMISSION ACTION: ATTACHMENT A ORDINANCE 2000-05 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN PARCEL KNOWN AS THE "LAMOUREUX" PROPERTY AND MORE PARTICULARLY DESCRIBED BELOW FROM SEMINOLE COUNTY A-I "AGRICULTURE" TO CITY OF WINTER SPRINGS C-l "NEIGHBORHOOD COMMERCIAL"; PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, Mr, Robert G. Lamoureux, the owner of the following described property, had petitioned the City of Winter Springs to be annexed into the City and said property was annexed into the City on October 25, 1999. WHEREAS, the City Commission expressed its desire that the S,R, 434 Corridor "New Development" Overlay Zoning District be extended to include the Lamoureux property and Mr, Robert Lamoureux has agreed to have the S,R, 434 Conidor "New Development" Overlay Zoning District include his property. WHEREAS, the Planning & Zoning Board at its February 16, 2000 meeting recommended that the City Commission approve the request for rezoning, by Mr, Robert Lamoureux, of the 2.5 acre parcel from (COlll1ty) zoning designation A-I , "Agriculture" to (City) zoning designation C-l "Neighborhood Commercial" with the condition that the property owner sign a statement that is llrecordable" that may be filed with the City Clerk to the effect that he fully recognizes and agrees to the S,R, 434 Corridor New Development Overlay Zoning District applying to his property. WHEREAS, The property owner, Mr. Robert Lamoureux, was present at the February 16, 2000 meeting of the Planning & Zoning Board and agreed with the recommendation of the Planning & Zoning Board that the City Commission approve the request for rezoning, by Mr. Robert Lamoureux, of the 2.5 acre parcel from (County) zoning designation A-I "Agriculture" to (City) zoning designation C-I "Neighborhood Commercial" with the condition that the property owner sign a statement that is "recordable" that may be filed with the City Clerk to the effect that he fully recognizes and agrees to the S,R. 434 Corridor New Development Overlay Zoning District applying to his property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1- Recitals: The foregoing recitals are true and correct and are fully incorporated herein by tins reference, Section 2 - Purpose and Intent: It is hereby declared to be the purpose and intent of tlns Ordinance to approve the request for rezoning, by Mr, Robert Lamoureux, of tlle 2.5 acre parcel from (County) zoning designation A-I "Agriculture" to (City) zoning designation C-l "Neighborhood Commercial" with the condition that the property owner sign a statement that is "recordable" that may be filed with the City Clerk to the effect that he fully recognizes and agrees to the S.R, 434 Conidor New Development Overlay Zoning District applying to his property; said property being the: EAST ONE-HALF (1/2) OF WEST ONE-HALF (1/2) OF NORTHWEST ONE-FOURTH (1/4) OF NORTHEAST ONE-FOURTH (1/4) OF SOUTHEAST ONE-FOURTH (1/4), SECTION 4, TOWNSHlP 21 SOUTH, RANGE 31 EAST, SUBJECT TO EASEMENT FOR STATE ROAD 419 OVER SOUTH 30 FEET THEREOF. 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 tins ordinance is for any reason held invalid or unconstitutional by any court of competent jwisdiction, whetIler 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 tins ordinance. Section 5 - Effective Date: The effective This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes and Section 4.15(c) of the City Charter. PASSED AND ADOPTED this_day of , 2000 CITY OF WINTER SPRINGS PAULP.PARTYKA,MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK 1 ST READING POSTED 2ND READING AND PUBLIC HEARING ATTACHMENT B ;'..~'.:. .. .... :'t}' LAMOUREUX PROPERTY REZONING '. WINTER SPRINGS EXECUTIVE PARK ""- , d lU ATTACHMENT C ,. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LP A SPECIAL MEETING FEBRUARY 16,2000 I. CALL TO ORDER The Planning And Zoning Board/LPA Special Meeting was called to order Wednesday, February 16, 2000, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Chairman Carl Stephens, Jr., present Vice Chairman Marc Clinch, present Tom Brown, absent Bill Fernandez, present Rosanne Karr, present Also Present Mr. Charles Carrington, AICP, Community Development Director Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator II. SPECIAL AGENDA Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator asked if the Board would be interested in hearing Agenda Item "B", Lamoureux Rezoning (REZ-l- 2000) prior to Item "A", Eckerd Drug Store at S.R. 419 and 434, Revised Final Engineering Plans and Landscape Plan. The Board agreed to this. Mr. Grimms then introduced Ms. Sue Cook, Community Development Department Administrative Secretary who was assisting with the recording of tonight's meeting. .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) AGENDA ITEMS WERE HEARD IN THE FOLLOWING ORDER. .:. .:. B. Lamoureaux Rezoning (REZ-1-2000) Mr. Grimms first noted the location of the Lamoureux property as east of Beltway; on the north side of State Road 434; on the west side of the entrance to Battle Ridge, and east of the Wofford/ Slappey Property and the Winter Springs Executive Park Development. Mr. Grimms further explained that the applicant, Mr. Robert Lamoureux is requesting a change of Zoning Map designation from County "A-I" "Agriculture" to the City's "C-l" "Neighborhood Commercial". CITY OF WINTER SPRINGS MINUTES I'LANNING AND ZONING BOARD/LI'A SPECIAL MEETING - FEBRUARY 16.2000 PAGE20F5 Discussion followed regarding the applicant's reasons for rezoning; that the acreage was approximately 2.5 acres; the general location of the parcel; zoning designation; other nearby parcels; the proposed zoning and compatibility issues; impact concerns on surrounding properties; buffering; the applicant's willingness to abide with existing development and aesthetic standards; and traffic impact issues on State Road 434. Mr. Grimms added that Staff recommends the Planning and Zoning Board make the following recommendation to the City Commission: "That the City Commission approve the request for rezoning from Mr. Robert Lamoureux of the 2.5 acre parcel from County zoning designation' A-I' 'Agriculture' to City zoning designation 'C-l' 'Neighborhood Commercial "'. Site specific change of zoning; specific findings of fact in recommendations and conclusions; clarification of zoning designations; plot plans depicting the zoning of various surrounding properties was also discussed. Matters dealing with Attachment "B" (of the Agenda Packet) submitted oy Action Enterprise Used Cars; the applicant's future ownership of the property; pending agreements with the City; whether the applicant was willing to enter into a recordable document (i.e., Developer's Agreement; Quit Claim Deed; or an Ordinance) covering the subject property as advised by City Attorney Anthony Garganese; and other property owners were next discussed. Board Member Bill Fernandez spoke of the Town Center Overlay Zoning District; Schrimsher Properties; the executing and recordation of a Quit Craim Deed; and encumbrances and restrictions. Further discussion ensued concerning the executing of a recordable document; the Ordinance extending the Overlay Zoning District; and related Ordinance concerns. Mr. Robert Lamoureux: as the property owner, addressed the Board and spoke of the possibility of selling his property. Mr. Lamoureaux also asked for clarification on the guidelines of new ordinances and the recording of the document. Mr. Grimms then informed the Board of future dates for readings and related adoptions of the proposed Small Scale Comprehensive Plan Amendments; in addition to rezoning designations. MOTION BY BOARD MEMBER FERNANDEZ. "I WOULD LIKE TO MOVE THAT WE RECOMMEND TO THE CITY COMMISSION - APPROVE THE REQUEST FOR REZONING OF THE 2.5 ACRE PARCEL FROM COUNTY ZONING DESIGNATION 'A-I' 'AGRICULTURE' TO CITY ZONING DESIGNATION 'C-l' 'NEIGHBORHOOD COMMERCIAL' BASED ON STAFF'S REPORT, AND IN PARTICULAR, FINDINGS UNDER ROMAN CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING 1l0ARD/U'A SPECIAL MEETING - FEBRUARY 16.2000 PAGE30F5 NUMERAL THREE, ONE, TWO, THREE, FOUR, FIVE OF THOSE FINDINGS TOGETHER WITH THE FURTHER RECOMMENDATION, WITH THE APPLICANT'S VERBAL CONSENT AND AGREEMENT THAT HE EXECUTE EITHER A QUIT CLAIM DEED CONT AINING RESTRICTIONS OR ENCUMBRANCES THAT IS IN RECORDABLE FORMAT, THAT IS WITNESSED AND NOTARIZED, TO BE GIVEN TO, THE LAND DEVELOPMENT COORDINATOR, OR MR. GRIMMS, OR THE CITY CLERK'S OFFICE, TO BE HELD CONT AINING LANGUAGE THAT INDICATES HIS WILLINGNESS TO ACCEPT THE STATE ROAD 434 CORRIDOR NEW DEVELOPMENT OVERLAY ZONING DISTRICT ORDINANCE AND ZONING ON HIS PARTICULAR PROPERTY. THAT DOCUMENT TO BE HELD BY THE CITY UNTIL SUCH TIME AS EITHER, THE CITY PASSES ITS' ORDINANCE AND/OR HE ATTEMPTS TO SELL THE PROPERTY BEFORE THE ORDINANCE IS PASSED. THAT'S MY MOTION." SECONDED BY BOARD MEMBER ROSANNE KARR. DISCUSSION. VOTE: MARC CLINCH: AYE BILL FERNANDEZ: AYE ROSANNE KARR: AYE CARL STEPHENS, JR.: AYE MOTION CARRIED. A. Eckerd Drug Stores at S.R. 419 and 434 Revised Final Engineering Plans and Landscape Plan Mr. Grimms explained to the Board the applicant~s desire to be located in the City; the commercial establishment of the City; the proposed location of the applicant (State Road 419 at 434); the applicant's compliance to Staffs requests; and the presenting of the applicant's request to the next City Commission Meeting. Mr. Grimms thanked the Board for granting a request for this Special Meeting and discussed issues concerning the Development Review Committee; the applicant's compliance of regulations; and the Development Review Committee's recommendation to the City Commission. Mr. Carrington informed the Board of the Developer's request to expedite the approval process; the recommendation from the Development Review Committee; the Developer's request for a waiver of Section 20-452(14)(b); an endangered species survey; the planters along State Road 434; the estimated removal and replacement of 331 trees; the remaining tree drip line; scheduling a pre-construction meeting; clearing and grubbing; any and all waivers being memorialized into an agreement; approval by the City Commission at the time of final plan approval; and an agreement currently being reviewed by City Attorney Anthony A. Garganese. '. . CITY OF WINTER SPRINGS MINUTES PLANNING ANI) ZONING BOAIW/L1'A SPECIAL MEETING - FEI3RUARY 16.2000 PAGE40F5 Mr. Carrington then introduced the developer's representative, Mr. Robert Fike, to the Board. The Board discussed with Mr. Carrington the procedure for monies collected from the trees to be removed; a traffic study; the need for the proposed Eckerd Drugs; retail establishments; empty buildings; and the involvement of the Department of Transportation with the proposed project. Board Member Fernandez mentioned the ownership of the property; the Arbor Ordinance; the removal of trees; monies collected for replacements; and gopher tortoises. Members of the Board further discussed the detailed plans submitted by Ron Henson Design Service Group, (represented by Mike Buchanan); permitting from the Florida Fish and Wildlife Commission regarding the gopher tortoises; the design of gate swings and dumpster enclosures; the mixing of commercial traffic; vehicles using the drive through area; access of fire trucks; emergency by-pass; the 10-foot radius; a landscape island waiver request; a request for ten continuous parking spaces; planters; col';~ns; the sidewalk along State Road 434; ownership and maintenance of the lift station; fencing and gates; fencing of lift stations maintained by municipalities; lift station telemetry; the location and number of fire hydrants; slotted drains; concrete aprons; manholes; comments that have been received from Bill Starmer, a consultant for the City of Winter Springs; a development ~greement; the size of the remaining trees; and root saving grates. MOTION BY BOARD MEMBER FERNANDEZ. "I WILL MAKE A MOTION TO APPROVE THE FINAL ENGINEERING PLANS FOR THE ECKERD'S SITE AT THE INTERSECTION OF THE SANFORD OVIEDO AND SANFORD LONGWOOD SPLIT, 419, 434 CORNER. M)' MOTION IS TO RECOMMEND APPROVAL SUBJECT TO A DEVELOPER'S AGREEMENT CONTAINING THE LANGUAGE PREVIOUSLY DISCUSSED BY MR. CARRINGTON TO WIT, THEY GET CITY WAIVER OF SECTION 20-452.(14)(b) DEALING WITH THE TEN CONTINUOUS PARKING SP ACES UNBROKEN BY A LANDSCAPED ISLAND. FURTHERMORE, THAT THEY GET A PERMIT FROM THE FLORIDA FISH AND WILDLIFE COMMISSION DEALING WITH ANY TORTOISES, WHATEVER THE NUMBER IS, AND THE RELOCATION OR OTHER DISPOSITION OF SAME; THE PLANTER REQUIREMENTS WHICH HAVE ALREADY BEEN SUBMITTED TO US IN A DRAWING TONIGHT, TO SHOW THAT THEY ARE UP AGAINST THE BUILDING. OF COURSE UNDERSTAND, THAT THERE WILL BE SOME LANGUAGE IN THERE ABOUT THE OFF SITE ROADWAYS AND DRAINAGE EASEMENT DOCUMENTATION WITH SCALE DRAWINGS FROM THE SURVEYOR SHOWING THE LOCATION THAT THE CITY ENGINEER, MR. JENKINS, HAS ADDRESSED. I AM NOT SURE WHERE THE THRUST RESTRAINT SHOP DRAWING IS THAT MR. LeBLANC MENTIONS BUT THAT IT BE MADE ADDRESSED TO THE CITY OF WINTER SPRINGS AS OPPOSED TO CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARI)/LI'A SPECIAL MEETING - FEBRUARY 16.2000 PAGE501'5 SEMINOLE COUNTY; THAT WE GET THE REIMBURSEMENT OR COMPENSATION FOR THE REPLACEMENT OF THE 300 AND SOME TREES ($25,500.00). I HOPE I HAVE COVERED FIVE WAIVERS, WHATEVER WAS MENTIONED BY MR. CARRINGTON - THAT IS MY MOTION". SECONDED BY BOARD MEMBER MARC CLINCH. DISCUSSION. VOTE: BILL FERNANDEZ: AYE ROSANNE KARR: AYE CARL STEPHENS, JR.: AYE MARC CLINCH: AYE MOTION CARRIED. Mr. Carrington thanked the Board for holding the Special Meeting; and helping Staff and the Developer move forward with the proposed project. III. FUTURE AGENDA ITEMS Discussion ensued regarding Land Development Regulations; review of different developments; Parks and Recreation; open spaces; previous Boards; legal review; new Board Members; new Staff; review of the last draft (Land Development Regulations); revising of the last dr-aft; extension for the submittal of the EAR (Evaluation and Appraisal Report) from the Florida Department of Community Affairs; updated maps showing zoning and annexation changes; Sam Smith Park; and W-2 forms. IV. ADJOURNMENT With the consensus of the Board, the meeting was adjourned at 8: 1 0 p.m. Minutes Respectfully Submitted By: Tania Haas, Deputy City Clerk City of Winter Springs Sue Cook Community Development Department City of Winter Springs, Florida APPROVED: U*0'~ CARL STEP ENS,.i ., CHAIRMAN PLANNING AND ZONING BOARD/LP A NOTE: These minutes were approved at the .2000 Planning And Zoning Board/LPA Meeting.