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HomeMy WebLinkAbout2001 05 14 Public Hearings C Second Reading - Ordinance 2001-32 Rezoning Petition ....... COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular ... May 14.2001 Meeting t'f!!J 4ft REQUEST: The Community Development Department requests that the City Commission conduct a Public Hearing for a second 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 and second reading of Ordinance 2001-32 to change the zoning on the First Baptist Church of Winter Springs 6.315 acre parcel from RC-1 to C-l. 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. MAY 14, 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 tenns 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-l and RI-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 pennitted in the C-l 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. MAY 14, 2001 PUBLIC HEARING AGENDA ITEM C Page 3 IMPLEMENTA TION SCHEDULE: On April 23, 2001 the City Commission conducted a public hearing and first reading of Ordinance 2001-32. STAFF RECOMMENDATION: Staff recommends approval of the 6.315 acre rezoning petition submitted by the 1 st 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 B. Planning & Zoning Board Agenda Item II A C. Planning & Zoning Board minutes D. Location Map E. Legal Advertisement COMMISSION ACTION: ATTACHMENT A ~ ." " ORDINANCE 2001-32 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON STATE ROAD 434 ACROSS FROM STATE ROAD 419, AND LEGALL Y DESCRIBED AS AN APPROXIMATE 6.315 ACRE PARCEL FROM CITY OF WINTER SPRINGS RC-l "SINGLE-FAMILY DWELLING DISTRICT" TO CITY OF WINTER SPRINGS C-l "NEIGHBORHOOD COMMERCIAL DISTRICT"; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral 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: City of Winter Springs Ordinance No. 2001-32 Page 1 of 3 " Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include a change of classification from City of Winter Springs RC-l "Single-Family Dwelling District" to City of Winter Springs C-I "Neighborhood Commercial District" for the property legally described and depicted on Exhibit "A", which is attaehed 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 pnor 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 5. Effective Date. This ordinance shall become effective immediately upon approval by the City Commission. City of Winter Springs Ordinance No. 2001-32 Page 2 of 3 .' ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of May, 2001. 1TTEST:(j _ cD-~L ~)~ \'- . Andrea L~uaces, City Clerk Anthony A. Garganese, City Attorney First Reading: April 23, 2001 Second Reading: May 14, 2001 Effective Date: May 14, 2001 F:\DOCS\City of Winter Springs\Ordinances\First Baptist Church.kj City of Winter Springs Ordinance No. 2001-32 Page 3 of 3 EXHIBIT j ~ A. ~ PROPOSED LEGAL DESCRIPTION PARCEL 213: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 20 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY, F"LORIOA, RUN N 01'01'05" W ALONG THE WEST LINE OF SAID SECTION 35, A DISTANCE OF 1024.43 FEET; THENCE RUN N 65'38'55" E 1116.19 FEET, THENCE RUN S 24'21'05" E 100,23 FEET, THENCE RUN N 65'38'55" E 848.01 FEET TO A POINT ON THE EAST RIGHT OF WAY UNE OF STATE ROAD 434, THENCE CONTINUE ALONG SAID RIGHT OF" WAY LINE N 65'38'55" E 87.18 FEET, THENCE: RUN S 24'21 'OS" E 15.00 FEET TO A POINT ON A CURVE CONCAVE TO THE SOllTH HAVING A RADIUS OF 2176.83 FEET, THENCE FROM A TANGENT BEARING OF N 65'39'33" E RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE 193.32 FEET THROUGH. A CENTRAL ANGLE OF 05'05'18", THENCE RUN N 66'33'18" E 26.85 TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2176.83 FEET AND THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID RIGHT OF WAY FROM A TANGENT BEARING OF N 71'42'44" E RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE 98.62 FEET THROUGH A CENTRAL ANGLE OF 02'35'45", THENCE RUN N 88'18'07 E 49.40 FEET, THENCE RUN N 56"51'15" E 34.81 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2176.83 FEET, THENCE FROM.A TANGENT BEARING OF N 76'26'18" E RUN EASTERLY ALONG THE ARC OF SAID CURVE 201.03 FEET THROUGH A CENTRAL ANGLE OF 05'17'28", THENCE DEPARTING SAID CURVE RUN S 07-43'58" E 603,94 f'EE.T, THENCE CONTINUE S 0743'58" E 140.00 fEET, THENCE RUN S 83'04'32" W 377.99: THENCE RUN N 07"46'51" W 701.84 FEET ALONG UNOPENED RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 6..315 ACRES MORE OR LESS. Dld', ~d- WvJ~ 't cJW.- ~ ~ tL / ATTACHMENT B , ,--- - . ---- - PLANNING AND ZONING BOARD AGENDA ITEM A June 7.2000 REQUEST: Community Development Department, Land Development Division, presents to the Planning and Zoning Board for informational purposes the proposed site plan for The First Baptist Church of Winter Springs. PURPOSE: The purpose of this agenda item is to inform the Planning and Zoning Board of the proposed site plan for The First Baptist Church of Winter Springs. This project is not in the conceptual stage and the developer followed Staff recommendation that both the Planning and Zoning Board and the Commission review the plans prior to formal engineering being submitted. This project is to be located at the southeast corner of the intersection of SR 434/SR 419. The property is zoned Rural Urban (RU) and the Future Land Use Designation is Commercial. APPLICABLE CODE: ... The project is to be engineered according to existing Code. The project is also subject to the requirements of the SR 434 Corridor Vision Plan, New Development Area guidelines. CHRONOLOGY: May 16, 2000 - Development Review Committee Pre-application Meeting FINDINGS: After the Development Review Committee meeting, it was determined that the property would have to be rezoned to come into compliance with the Future Land Use Designation. This can be accomplished simultaneously with the site plan . . . engmeenng review. The project, as presented, does not meet Code requirements. This presentation is for informational purposes only. RECOMMENDATION: None required at this time. ATTACHMENT C CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 7, 2000 I. ' CALL TO ORDER The Planning And Zoning Board/Local Planning Agency Regular Meeting was called to order Wednesday, June 7, 2000, at 7:02 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, absent Board Member Tom Brown, present Board Member Bill Fernandez, absent Board Member Rosanne Karr, present Also Present Mr. Anthony A. Garganese, City Attorney arrived at 7:07 p.m. Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Mr. Don LeBlanc, Land Development Coordinator Approval Of The May 3, Planning And Zoning Board/Local Planning Agency Meeting Minutes MOTION BY BOARD MEMBER BROWN. "I MOVE THAT THE MINUTES OF MAY 3, 2000 BE ADOPTED AS CIRCULATED BY MAIL" BOARD MEMBER KARR SECONDED WITH AN AMENDMENT. "ON PAGE TWO THE MINUTES SHOULD REFLECT THAT WE APPROVED THE APRIL 11, 2000 SPECIAL MEETING MINUTES BY MAIL." DISCUSSION. VOTE: BOARD MEMBER KARR: AYE CHAIRMAN STEPHENS, JR.: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2000 PAGE 2 OF 6 II. REGULAR AGENDA A. First Baptist Church of Winter Springs - Proposed Site Plan (Informational). Mr. Don LeBlanc, Land Development Coordinator explained that the Agenda Item is being presented to this Board for informational purposes only; that First Baptist Chureh is planning to build in five (5) phases; and that no action is needed from the Board at this time. Mr. Anthony A. Garganese. City Attorney arrived at 7:07p.m. Mr. Thomas Grimms, A/CP, Comprehensive Planning/Zoning Coordinator departed at 7:07 p.m. The Board discussed that since the plans are only conceptual they do not meet Code requirements at this time; the location of the property and the entrances of the church; the concern for traffic being able to "cut through" the parking lot; and if the church is currently in existence. Mr. John Bush, 21 Tarpon Circle, Winter Springs, Florida: explained that he is the Co- Chairman of the Building Committee; attending with him are Kathy Rand, Church Secretary and the Engineer, Tom Skeleton of American Civil Engineering; that their "Objective is to do what they are suppose to do"; that the City's Arborist has "Already been out there walking the property with us" and that they hope to break ground by the end of the year. The Board inquired if the church had plans for a pre-school on the property? Which Mr. Bush explained that only Sunday school classes will be held; and he then took a photograph of the Board.for their Web page. B. Burger King Store - Final Engineering Plans. Mr. LeBlanc explained that the location of the restaurant will be east of the Hess Station at Vistawilla Road; that the plans, as presented, meet all of the code requirements; and the Staff's recommendation to approve Burger King's final engineering plans. Members of the Board asked if Staff has received any response from the residents, which (there was none); the amount of land between Burger King and the Cross Seminole Trail Trail; whether there is a "radius" off State Road 434. Mr. Leblanc informed the Board that 7/Eleven will not be coming into the City. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2000 PAGE40F6 VOTE: CHAIRMAN STEPHENS, JR.: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Mr. LeBlanc departed at 7:25p.m. The Committee discussed the safety issues of not having a right turn lane on State Road 434. Mr. Grimms returned at 7:28 p.m. The Chairman requested, if there were no objections that they proceed to By-Laws to accommodate Mr. Garganese's schedule. .:..:. AGENDA NOTE: THE FOLLOWING ACTION ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. III. ACTION ITEMS C. By-Laws Mr. Grimms informed the Committee of the new category, "Action Items" on the Agenda; and that he extended an invitation to the City Attorney to discuss the By-Laws. Discussion ensued regarding that the City Attorney, Anthony Garganese was going to concentrate on one specific area of the By-Laws"; the history of the By-Laws; that Committee Member Brown will get Mr. Grimms a copy of the "minor changes" that the former City Attorney suggested; and that the quasi-judicial procedure should be adopted for the City Commission and not for the Planning and Zoning BoardILocal Planning Agency. The Board thanked Mr. Garganese for coming to the meeting. Mr. Grimms explained that the Land Development Regulations were updated in the past but needed to be reviewed by this Board, and the City Attorney prior to going before the City Commission; that he will get a copy of Ordinance 2000-19 to the Board Members; that a Special meeting of the Planning and Zoning Board/Loeal Planning Agency wil! be held on June 14, 2000 in the East Conference Room at 7:00 p,m.; the Agenda for the Special Meeting; and the Board inquired about the status of the City's Web-site. City Attorney Anthony A. Garganese departed at 7:41 p.m. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7. 2000 PAGE 3 OF 6 Mr. Ron Hanson, Design Services Group: informed the Board that he is the Project Engineer and spoke of the "Existing drive that they will be using"; and that the entrance on State 434 will only allow right turns, Board Member Tom Brown stated for the record "The traffic plan that we have for the City has a red light at Vistawilla, some day. Like I say at every meeting when the death toll reaches a certain number, then they put the red light in. Now what you're going to have here, okay, and I just want it on the record that I know and I understand it because I've seen it throughout Orlando because they're still twenty-five years behind where they are in their building and nobody is using their heads. IfI'm coming from Winter Springs, I'm coming down 434 and I make the light and somebody in front of me wants to turn in there and that would be more used than the back enti'ance, I can tell you that. Because you got the same thing as Kash N Karry, you've got resentment by the people that live there that all these commercial places are going in, and like Don said, there is nothing you can do about it. It was agreed to in a court action and its going to happen but that doesn't make it safe for that comer, and that is why I asked about that radius and I know you can't do anything. I don't know who talks to whom, I'm glad the City Attorney is here tonight, because that is going to be our next round, the accidents that we are going to be getting along in that area, probably. I don't know what can be done to make anybody do anything about that, but I know I won't come in on Tuseora now at all. I go down _ it's too dangerous to try and slow down because they are coming through there like a bolt of lighting. They don't care what the speed limit is, they come along there - the average car that goes by there is in the sixty to seventy miles an hour range. You could check with the police because they pick them up just like that, I know they do, they love it. They sit right past where you are going to build here. I just want it on the record, those curves, I don't know why they don't have that lane to get over to the right to off of there because _ and you are going to get more traffic up there than you do in the back, I think. I think you will. " Discussion ensued concerning whether Burger King must abide by the 434 Corridor plans which are being met; that drive-up windows may not face State Road 434; and that Burger King is meeting all the City's Code requirements. MOTION BY BOARD MEMBER KARR. "I'LL MAKE THE MOTION THAT THE PLANNING AND ZONING BOARD FA VORABL Y FORWARD THESE PLANS TO THE CITY COMMISSION FOR THEIR ACTION CONTINGENT UPON THE PROPERTY BEING PLATTED PRIOR TO A CERTIFICATE OF OCCUPANCY BEING ISSUED." BOARD MEMBER BROWN SECONDED. DISCUSSION. CITY OF WINTER SPRINGS . MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY . REGULAR MEETING - JUNE 7, 2000 PAGE50F6 .:. .:. AGENDA NOTE: THE FOLLOWING REGULAR AGENDA ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. II. REGULAR AGENDA C. Update of the City Zoning Map and Future Land Use Map. This Agenda Item was not discussed. .:..:. AGENDA NOTE: THE FOLLOWING ACTION ITEMS WERE DISCUSSED, AS DOCUMENTED. .:. .:. III. ACTION ITEMS Mr. Grimms explained that the P-2000 application has been completed and sent to the printers, which then will be forwarded to Florida's Department of Community Affairs; the funds that have been requested will be use to purchase property west of City Hall; that Ordinance 707, the Town Center District Code should be adopted shortly by the City Commission; and that the owners of property on the east side of Tuskawilla Road are interested in coming into the Town Center District. Mr. Grimms was asked if an Adult Care facility fits into the Town Center concept and if any hotels have approached the City. Mr. Grimms informed the Board that an Adult Care Facility can fit into the Town Center and that he has not been contacted by any hotels, but other Staff may have been contacted. A. EAR-based plan amendment Report This Agenda Item was not discussed. B. Topic List Board Member Brown informed Mr. Grimms that he has updated the Topic List and will give Mr. Grimms a copy following the meeting. D. Letter to City Manager on Board's Role on Annexation Mr. Grimms reported that he was unable to speak to the City Manager on their behalf. CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2000 PAGE 6 OF 6 IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. ADJOURNMENT MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE ADJOURN." BOARD MEMBER BROWN SECONDED. THE BOARD AGREED BY CONSENSUS. Chairman Stephens adjourned the meeting at 7:54 p.m. Minutes Respectfully Submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: C~T~t{.AIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These minutes were approved allhe . 2000 Planning And Zoning BoardlLocal Planning Agency Meeting. 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'.' !...:: ~.::~;~;.;~~:j~ ~,~~t:' R-1 ::~H " . ; .. , R~1 :I.".i ., ,-.':;';.' . :~}{i:~.\. ." ,..... . ~:,. .VI CI N I TY .M.A.P '. ~ '. . ,i' t '", '.. .'~' :': ATTACHMENT E NOTICE OF ZONING CHANGE CITY OF WINTER SPRINGS ~ NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS WILL HOLD A PUBLIC HEARING TO CONSIDER THE FOLLOWlNG ORDlNANCE wmCH WOULD CHANGE THE ACTUAL ZOlNG MAP DESIGNATION OF A PARCEL OF LAND: ORDINANCE 2001-32 AN ORDlNANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON STATE ROAD 434 ACROSS FROM STATE ROAD 419, AND LEGALLY DESCRIBED AS AN APPROXIMATE 6.315 ACRE PARCEL FROM CITY OF WINTER SPRINGS RC-l "SlNGLE-F AMIL Y DWELLlNG DISTRICT' TO CITY OF WINTER SPRINGS C-l ''NEIGHBORHOOD COMMERCIAL DISTRICT'; PROVIDlNG FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. TIllS PUBLIC HEARING ON THE PROPOSED REZONING WILL BE HELD ON MAY 14,2001 AT 6:30P.M. ATTIffi WINTER SPRINGS CITY HALL. THIS PUBLIC HEARING WILL TAKE PLACE AT THE CITY COMMISSION CHAMBERS AT 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. INTERESTED PERSONS MAY ATTEND AND BE HEARD. ADDITIONAL INFORMATION PERTAINING TO THE ABOVE MAYBE OBTAINED FROM TIlE OFFICE OF THE CITY CLERK, AT CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA. FOR MQRE INFORMATION CALL 327-1800 # 227. PERSONS WITH DISABILITIES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT COORDINATOR 48 HOURS IN ADVANCE OF TIlE MEETING AT (407) 327-1800 # 236. TIllS IS A PUBLIC HEARING. IF YOU DECIDE TO APPEAL ANY DECISION OR RECOMMENDATION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT TIllS MEETING, YOU WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, YOU MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDlNGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. ANDREA LORENZO-LUACES CITY CLERK