HomeMy WebLinkAbout2001 04 23 Public Hearings C First Reading - Ordinance 2001-32 Rezoning Petition
COMMISSION AGENDA
ADD-ON
Consent
Informational
Pu blic Hearing X
Regular
ITEM C
April 23. 2001
Meeting
Mgr / Atty. /
Authorizatio
REQUEST:
The Community Development Department requests that the City Commission conduct
a Public Hearing for a First Reading of Ordinance 2001-32 to adopt a rezoning
petition (REZ-4-2001) to change the zoning map on a 6.315 acre parcel from
Single FamilyDwelling District RC-l to Neighborhood Commercial C-l. The
property is located on the south side of East State Road 434 at the intersection of
State Road 419.
PURPOSE:
The purpose of this agenda item is to request the Commission hold a Public Hearing for the
First Reading of Ordinance 2001-32 to change the zoning on a 6.315 acre parcel from RC-1 to
C-l.
APPLICABLE LAW AND 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."
This project is subject to the S.R. 434 New Development Overlay Zoning District Regulations.
APRIL 23,2001
PUBLIC HEARING AGENDA ITEM C
Page 2
CONSIDERATIONS:
· The Planning & Zoning BoardlLPA on June 14,2000 recommended approval of the rezoning
request provided the standards of the S.R. 434 New Development Area Vision Plan apply to
the property and that potential nuisances be minimized or prevented.
· The proposed rezoning is compatible with the commercial nature ofS.R. 434 in terms of the
existing commercial trends in the area.
· The City has developed standards in its land development regulations to ensure minimal
impacts on surrounding properties.
· The proposed use is not expected to generate a significant amount of vehicular traffic that
would lower the level of service on S.R. 434.
FINDINGS:
· The Land Use designation for the property is commercial.
· The Zoning of the property to the south is RC-I and R I-A; to the west is C-l;
to the east is a county enclave A-l(agriculture);and to the north is C-2.
· The applicant proposes to develop the property as a church and meeting hall. Churches are
permitted in the C-I zoning district.
· The proposed zoning to C-l reflects similar zoning on the south side of S.R. 434.
· The parcel is subject to the S.R. 434 New Development Overlay District regulations.
FISCAL IMPACT:
None.
APRIL 23,2001
PUBLIC HEARlNG AGENDA ITEM C
Page 3
IMPLEMENTATION SCHEDULE:
A Public Hearing for Second Reading and adoption of Ordinance 2001-32 is scheduled for
May 14,2001.
STAFF RECOMMENDATION:
Staff recommends approval of the 6.315 acre rezoning petition submitted by the 1 sl Baptist
Church of Winter Springs.
PLANNING AND ZOING BOARD RECOMMENDATION:'
The Planning and Zoning BoardlLPA on June 7, 2000 recommended approval of the rezoning
request provided that the standards of the S.R. 434 New Development Area Vision Plan apply to
the property and that potential nuisances be minimized or prevented.
ATTACHMENTS:
A. Proposed Ordinance 2001-32
(Ordinance being prepared by City Attorney, will be available Monday 4/23/01)
B. Planning & Zoning Board Agenda Item II A
C. Planning & Zoning Board minutes
D. Location Map
COMMISSION ACTION:
ATTACHMENT A
(Ordinance being prepared by City Attorney,
available Monday 4/23/01)
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708,2799
Telephone (407) 327,1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD AGENDA ITEM
II. A.
1 ST BAPTIST CHURCH REZONING (REZ-2-2000)
STAFF REPORT:
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 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."
This project is subject to the S.R. 434 New Development Overlay Zoning District Regulations.
CONSIDERA TIONS:
I: SUMMARY OF APPLICATION
APPLICANT:
OWNER:
!st Baptist Church
State Road 434 + State Road 419
Winter Springs, 32708
[ same]
REQUEST:
For a change of zoning designation from RU "Rural Urban" to the City's designation of
C-l "Neighborhood Commercial",
PURPOSE:
Applicant wants to construct a church and meeting hall.
(' A. SITE INFORMATION
l. PARCEL NUMBER:
34-20-30-SA W-OOOO-026A
2. ACREAGE:
Approximately 7 acres,
3. GENERAL LOCATION:
Immediately east of the intersection of State Road 419 and State Road 434
on the south side of S.R. 434,
4. LEGAL DESCRIPTION:
[ See Attachment" A" J
5. CHRONOLOGY OF SUBJECT PROPERTY:
July, 1996 - Robert Palmer, developer, proposes a 36 unit single family
subdivision, Plans never progressed.
May, 2000 - Development Review Committee Pre-application meeting
with representatives of 1 sl Baptist Church of Winter Springs.
7. DEVELOPMENT TRENDS:
This general area along S.R, 434 in this area is experiencing development.
Stone Gable subdivision was completed, Winding Hollow is still being
completed, Park Stone subdivision is now being built, and most recently
Eckerd Drug Store is being built at the intersection of S.R. 434 and S.R.
419.
7. EXISTING LAND USE OF SUBJECT PROPERTY:
The parcel is vacant with trees and undergrowth.
8. LETTERS/PHONE CALLS IN FA VOR OR IN OPPOSITION
No inquiries at the time of this report preparation.
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North: Vacant, foliage covered,
South:
Residential at southeast, vacant, treed, at southwest.
East:
vacant, treed.
West:
vacant, partially treed, pond,
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: "Commercial".
Requested: [ no request made]
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
"Commercial".
South:
"Lower Density Residential" (1.1 - 3.5 DU per acre).
East:
(County) "Conservation" and "Suburban Estates"
(I DU per acre max.)
West:
"Commercial"..
E. ZONING OF SUBJECT PROPERTY:
Existing: RU "Rural Urban" (1 DU per acre max.) and
C-I "Neighborhood Commercial",
Requested: C-l "Neighborhood Commercial"
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
C-I "Neighborhood Commercial".
South:
RU "Rural Urban" (1 DU per acre max.) to southwest and
R-I A "One Family Dwelling District" to southeast.
East:
(County) A-I "Agriculture". (1 DU per acre max.).
West:
C-I "Neighborhood Commercial",
II. REZONING ANAL YSIS:
A. JUSTIFICA THON FOR REZONING:
1.
The applicant wishes to develop the property for church purposes, with a
church building and meeting hall. Churches are a permitted use in the C-I
Zoning District. The existing R-U Zoning District allows churches only as
a conditional use,
2. The applicant's proposed rezoning to C-I reflects similar zoning on the
south side of S,R. 434 just to the west and on the north side.
3. The intent of land use along the majority of State Road 434 was/is as a
commercial corridor as evidenced by the Future Land Use Map
designations of property along S.R. 434 and by the zoning designations of
these properties as C-I in most instances.
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING
LAND USES:
The nuisance potential of the proposed change of Zoning Map designation from
R-U "Rural-Urban" to C-I "Neighborhood Commercial" to the surrounding
properties should be minimal in view of the following:
I. The applicant's proposed zoning change from zoning designation R-U
"Rural-Urban" (I DU per acre max,) to zoning designation of C-I
"Neighborhood Commercial" is the same zoning on the nearby parcels
along S.R. 434, adjacent and just to the west of the subject property and on
the north side of S.R, 434, The whole area to the west on both the north
and south sides of S.R. 434 and S.R. 419 are zoned C-l.
2. The applicant's proposed zoning is compatible with the commercial nature
of S.R. 434 urban arterial in terms of the existing commercial
establishments in the area.
3. The City has development standards in its land development regulations to
ensure minimal impacts on surrounding properties, such as buffering. The
City's land development regulations and the site plan review process of
the Development Review Committee can ensure the prevention or
minimization of any potential nuisances.
4. The church structure and meeting hall site development that would occur
on the approximately seven (7) acre parcel is not expected to generate a
signi ficant amount of traffic that would lower the Level of Service of the
recently widened (4 lanes) S,R. 434. The I st Baptist Church is requesting
access to S,R. 434 directly opposite ofS.R. 419 and access onto Shore
Road, Discussion at the Development Review Committee revolved
around ensuring no connection between Shore Road, the parking lot and
S,R. 434,
III. FINDINGS:
The applicant's proposed zoning change from zoning designation R-U "Rural-
Urban" (l DU per acre max,) to zoning designation of C-I "Neighborhood
Commercial" is the same zoning on the nearby parcels along S,R. 434, adjacent
and just to the west of the subject property and on the north side of S,R. 434. The
whole area to the west on both the north and south sides of S,R, 434 and S.R. 419
are zoned C-I,
The applicant's proposed zoning is compatible with the commercial nature of
S.R. 434 urban arterial in terms of the existing commercial establishments in the
area.
The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development
Review Committee can ensure the prevention or minimization of any potential
nUIsances,
The church structure and meeting hall site development that would occur on the
approximately seven (7) acre parcel is not expected to generate a significant
amount of traffic that would lower the Level of Service of the recently widened (4
lanes) S.R. 434. The 151 Baptist Church is requesting access to S,R. 434 directly
opposite of S.R. 4 19 and access onto Shore Road. Discussion at the Deveiopment
Review Committee revolved around ensuring no connection between Shore Road,
the parking lot and S.R, 434.
IV. STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board recommend approval to the City
Commission the request for rezoning, by 1 sl Baptist Church of Winter Springs, of the
approximately seven (7) acre parcel from R-U "Rural-Urban" (I DU per acre max.)
zoning designation to zoning designation C-I "Neighborhood Commercial", based on this
Staff Report and in particular the findings above,
ATTACHMENTS:
A. Legal Description of the. I sl Baptist Church of Winter Springs property,
B. Sketch Site Plan of the 1 sl Baptist Church of Winter Springs property.
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ATTACHMENT A
COMMENCE AT THE SOUTHWEST CORNER OF' SECTION J~, TOWNSHIP 20 SOUTH, RANGE JO
EAST, SEMINOLE COUNTY, flORIDA. RUN N 01'0 I 'OS- W ALONG THE WEST LINE OF"' SAIO
SECTION JS, A DISTANCE OF"' 1024.-4J fEET; THENCE RUN N 65'J8'55- E 1116.19 F"'EEr.
THENCE RUN S 24'21'05- E 100.2J FEET, THENCE RUN N 65')8'55-' E 875,4) TO A POINT ON
THE EAST RIGHT or WAY LINE Of ROAD AND THE POINT OF BEGINNING; THENCE DEPARTING
SAID RIGHT OF' WAY LINE CONTINUE N 65'J8'55- E 59.76 F"'EET, THENCE RUN S 24'21'05-
E 15.00 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS Of'
2176,8J FEET, THENCE fROM A TANGENT BEARING OF' N 65'J9'JJ- E RUN NORTHERLY
ALONG THE ARC OF' SAIO CURVE 19J.J2 tEET THROUGH A CENTRAL ANGLE OF"' 05'05'18-,
THENCE RUN N 66'.}J'1 B- E 26.85 TO A POINT' ON A CURVE CONCAVE TO THE SOUTH
HAVING A RADIUS OF 2176.8J FEET, THENCE FROM A TANGENT BEARING or: N 71'42'044 E
RUN NORTHERLY ALONG THE ARC OF SND CURVE 98.62 FEET THROUGH A CENTRAl ANGLE or
02'J5'45". THENCE RUN N 80'10'07 E49.40 FEET, THENCE RUN N 56'51'15" E
J-4,81 FEET TO A POINT ON ^ CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF
2176.aJ fEO. THENCE FROM A TANGENT BEARING OF"' N 76'26'10- E RUN EASTERLY
ALONG THE ARC OF SAID CURVE 201.0J FEET THROUGH A CENTRAL ANGLE or 05'17'28-,
THENCE DEPARTING $AIO CURVE RUN S 07'-4.3'58- E 60J,94 FEET, THENCE CONTINUE
S 07'4J'58- E 140.00 rEET, THENCE RUN S 8)'04'J2- W I Q4.02 r:E(T TO A POINT ON
!\ CURV( CON~AV~ ~OtJTHW.ES T~R.~ y OEING THE: f:~T RIGHT OF' W^Y ~!~C SND RO^O WlVlN<i ^
~AbIUS or 211.1.00 rttT, THrNCE: FROU A tANC~NT BrA/~INO OF' N 06'~~'2B. W ~UN
NORTHWESTERLY ALONG THE ARC or SA/a CURVE 272.22 fTEl THROUGH A CENTRAl ANGLE or
55'06'50- TO A POINT or TANGENCY. THENCE RUN N 62'02'18- W 204.79 FEET TO A
POINT OF' CURVATURE OF' A CURVE CONeAV'( NORTHEASTERLY HAVING A RADIUS or J 17.00 FEET
THENCE RUN NORTl-iWESTERLY ALONG THE ARC or SAID CUR\/( 172,82 fEET THROUGH A CENTRAL
ANGLE or Jl'14'11~ TO A POINT or TANGENCY, THENCE RUN N Ja~o'or W 17.(.92
". ,", F'EET TO THE POINT OF BEGINNING.
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PROPOSED LEGAL OESCRIPTlON-PARCEL I: TOWNSHIP 20 SOUTH, RANGE JO
CORNER OF' SECTION 3~, E WEST LINE Of' SAID
COMUENCE AT THE00~~~i~TRIDA, RUN N 01'01'05~ R~:L~N~5'~~'55. E 1116,19 FEET,
EAST. SEUINOLE C , 102~ 43 rEET; THENCE ,,_ E ~)5 3D fEET TO THE
SECTION 35, A DI~T~NC_E OF' 00 'fEET, THENCE RUN N 65 Ja 55 RDEO IN PLAT BOOK
THENCE RUN S ~.(r 2 ~~5 EN\z'J:~GER FARMS mDITION ~oc6u~iv R~~~RIDA, THENCE RUN
WEST LINE OF' L E PUBLIC RECORDS Of' SEMINOL rOR H-f( POINT or BEGINNING:
5, PAGE 9 or THONG SAID W(ST LINE JOO.OO F"EET, .o:.4'o<f w 289.02 FEEl TO A POINT
S 0704'00" E AL fEET THENCE RUN N OT^-J , 7" E 8628 FEEl ALONG
THENCE RUN N 8709'0~ ~A~9~i~~ OF ROAD. THENCE RUN S cG~ ~ONCAVE 'NORTHEASTERLY
~IDT~~G~fS6F'R~~T SNE TO A POINT OF ~~:,~~~~~:rE~LY ALONG THE ARC Of ~I~C~U~~
HAVING A RADIUS Of J6J'~:r~e::L l~~~~EOF J1'I4'1'- TO A Pg0N~O~J~~~~c;OuTHWESTERLY
20860 fEET THROUGH A PINT OF CURVATURE OF A . G THE ARC OF SAID
~^~~~,. ~ 8~^~10~;il W:~t;~(t t~~~~~l R~~ot~~;fJ,~i~t\o:;~E~l~'~~NJ~r~5~
CURvt 20~.74 D RIGHT OF WAY RUN S 8S0~'~2,,~SW 50750 FEET, THENCE RUN
DEPARTING SAl ENCE RUN S 8J 0 4 I ,
N 07'46'51. W 25.00 FEET. TH 0 THE POINT OF BEGINNING.
N OT5.Y20~ W 214.85 FEET T
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ATTACHMENT C
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
SPECIAL MEETING
JUNE 14, 2000
I. CALL TO ORDER
The Planning And Zoning Board/LPA Special Meeting was called to order Wednesday,
June 14,2000, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the East Conference Room
of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call
Chairman Carl Stephens, Jr., present
Vice Chairman Marc Clinch, absent
Board Member Tom Brown, present
Board Member Bill Fernandez, present
Board Member Rosanne Karr, present
Also Presen t
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator
II. SPECIAL AGENDA ITEMS
A. First Baptist Church Of Winter Springs - Proposed Rezoning from RU to
C-l.
Mr. Thomas Grirnms, AICP, Comprehensive Planning/Zoning Coordinator explained that
the applicant wants to construct a church and meeting hall: the location of the property;
that he has reviewed other housing developments in the area; the nuisance potential of
proposed rezoning to surrounding land uses; the Staff's Findings and the
Recommendation that the City Commission approve the request for re-zoning based on
the Staff Report and the Findings.
The Board discussed that the Board "Must make specific findings of fact and conclusions
of law relative 'to that particular parcel of property"; whether the Board will see the final
engineering plans; the Shore Road connection to the property; the Church's plan to not
allow cut through traffic by constructing a barrier; the difference between RC 1 and RU
zoning designations; that the entrance on State Road 434 will be an extension from State
Road 419 which have a traffic signal; and if the community will be allowed to use the
facility for a large memorial service.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING - JUNE 14,2000
PAGE20F4
MOTION BY BOARD MEMBER FERNANDEZ. "I'LL MAKE A MOTION -
THAT THE PLANNING AND ZONING BOARD RECOMMEND APPROVAL TO
THE CITY COMMISSION FOR THE REQUEST FOR REZONING BY THE
FIRST BAPTIST CHURCH OF WINTER SPRINGS, OF THE
APPROXIMATELY SEVEN (7) ACRE PARCEL FROM R-U "RURAL-URBAN"
(1 DU PER ACRE MAX) ZONING DESIGNATION TO ZONING DESIGNATION
C-.1 "NEIGHBORHOOD COMMERCIAL", BASED ON THE SPECIFIC
FINDINGS UNDER ROMAN NUMERAL III AND THE REPORT FURNISHED
BY STAFF TO WIT THAT THE ZONING IS SIMILAR TO NEARBY PARCELS
ON 434 ON THE NORTH AND WEST SIDES AND ALSO SOUTH SIDES; THAT
IT IS COMPATIBLE WITH THE COMMERCIAL NATURE OF THE 434
URBAN A~TERIAL IN TERMS OF EXISTING COMMERCIAL
ESTABLISHMENTS; THAT THE CITY HAS DEVELOPED STANDARDS IN
'tHE NEW DEVELOPMENT AREA OF THE 434 VISION PLAN AND - THAT
THOSE STANDARDS WILL APPLY TO THIS PROPERTY AND THEREFORE
THE DEVELOPMENT REVIEW COMMITTEE CAN ENSURE THE
PREVENTION OR MINIMIZATION OF POTENTIAL NUISANCES. THAT
THE CHURCH STRUCTURE AND MEETING HALL WOULD OCCUR ON THE
SEVEN (7) ACRES AND NOT TO BE EXPECTED TO GENERATE A
SIGNIFICANT AMOUNT OF TRAFFIC THAT WOULD LOWER THE
SERVICE ON 434, AND THAT THE SHORE ROAD ACCESS WOULD BE
RESTRICTED TO CHURCH USES OR CHURCH TIMES AND THAT THEY
WOULD USE SUCH TRAFFIC CALMING OR MINIMIZING TECHNIQUES AS
THE CITY AND CHURCH CAN WORK OUT, WHETHER IT WOULD BE
LANDSCAPING OR IMPEDIMENTS OR OTHERWISE TO PREVENT ACCESS
FROM SHORE ROAD DIRECTLY TO 434. BASED ON THOSE SPECIFIC
FINDINGS, I MAKE THAT RECOMMENDATION." SECONDED BY BOARD
MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER TOM BROWN: AYE
BOARD MEMBER BILL FERNANDEZ: AYE
BOARD MEMBER ROSANNE KARR: AYE
CHAIRMAN CARL STEPHENS, JR.: AYE
MOTION CARRIED.
B. Update Of The City Zoning Map.
Mr. Grimms informed the Board that, two years ago, the Board and City Commission
adopted the City Zoning Map by Ordinance and that it is not necessary to adopt it yearly;
and will update the map from any additional Ordinances.
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING - JUNE 14,2000
PAGE 3 OF 4
Discussion ensued regarding whether Staff will recommend to the City Commission to
change the Ordinance that requires the Planning and Zoning Board/Local Planning
Agency to approve the City Zoning Map every year; whether there is any follow up by
Staff to make sure that the Zoning Map is updated; that Staff could bring it periodically
before the Board for review; and the map will be available to the public on the City
computer system.
III. ACTION ITEMS
A. Ear-Based Plan Amendment Report
Mr. Grimms explained that Department of Community Affairs has given the City a year
and a half to complete the report, which he is working on.
B. Topic List
The Board was informed by Mr. Grimms that he has Committee Member Tom Brown's
list; and that he will update it and include tonight's meeting.
C. By-Laws
Mr. Grimms reminded the Board that the City Attorney is reviewing the By-Laws and
will come before the Board with his recommendation at a later date. Committee Member
Brown gave Mr. Grimms copies of minutes of when the By-Laws were discussed in the
past and requested that he pass them on to the City Attorney.
D. Letter To City Manager on Board's Role On Annexation
The Board was informed by Mr. Grimms that he will speak to the City Manager prior to
the next Regular Meeting regarding this matter; and that the City has received interest by
several Property Owners to annex into City. Chairman Carl Stephens explained that at
the past City Commission Meeting he presented a letter recommending that Section 20-
26. of the City's Code of Ordinances be reformed; and that the City Commission agreed
to repeal Section 20-26.
IV. FUTURE AGENDA ITEMS
. Letter To City Manager on Board's Role On Annexation
. Land Development Regulations
. State Road 434 Corridor Revisit and Revise
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING - JUNE 14,2000
PAGE40F4
The Board discussed the status of the sign ordinance; whether this Board would have any
involvement in a joint planning agreement between the City and County; whether it is
necessary to note in the minutes arrival and departure times; and that the Board would
like to occasionally review the City Zoning Map.
v. ADJOURNMENT
MOTION BY BOARD MEMBER KARR. "I MOVE THAT \VE ADJOURN."
THE BOARD AGREED BY CONSENSUS.
Chairman Stephens adjourned the meeting at 7:40 p.m.
Minutes Respectfully Submitted by: Debbie Gillespie, City Clerk's Office
City of Winter Springs, Florida
APPROVED:
~*J
CARL STEP ENS, , CHAIRMAN
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
NOTE: These minutes were approved at the
, 2000 Planning And Zoning Board/Local Planning Agency Meeting,
S:\City Clerk\Docs\ Word\BOARDS\PLANNING\aII1\MINUTES\2000\P&Z061400,doc
ATTACHMENT D
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