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
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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.