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Home My WebLink About2002 07 08 Public Hearings C Second Reading - Ordinance 2002-02 Rezoning COMMISSION AGENDA ITEM c l. " Consent Informational Public Hearing X Regular July 8, 2002 Meeting ;t- MW. ~ Authoriz REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the second reading of Ordinance 2002-02 to rezone a 7.561-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One and Two Family Dwelling", and R-I-A "Single Family Dwelling" District to (City) C-2 " General Commercia1." PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for the second reading of Ordinance 2002-02 to change the Zoning Map designation (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale",R-2 "One and Two Family Dwellings", and R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial," subject to the adoption of the proposed development agreement between the City and Wayne P. Reece (owner ofthe subject property). 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." July 8, 2002 Public Hearing Agenda Item B Page 2 CONSIDERATIONS: . The area on the north, south, and west have commercial and industrial operations. . The property was in the unincorporated portion of the county until it was annexed on January 22, 2001. . On March 14,2001, the Commission held a first reading of Ordinance 2001-15 to change the Zoning Map designation of a 7.561-acre tract from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial and Industrial" District." The property is located on Nursery Road on the east side of U.S. 17-92. Public comment was made about the impact of a commercial zoning designation on the adjacent residential properties to the north and east. After some discussion, the Commission expressed its desire to hold a second public hearing on Ordinance 2001-15 on March 26,2001, with a change in zoning classification to C-l "Neighborhood Commercial" instead of the C-2 "General Commercial and Industrial District." . On March 26,2001, the Commission held a second reading of Ordinance 2001-14 to adopt the "Industrial" FLU designation. The second reading of Ordinance 2001-15 was scheduled as the next item on the agenda. At that hearing, the Commission voted to postpone both the FLU amendment and the rezoning. The City Manager was directed to take the item back to staff and schedule it again before the Commission at an undetermined future date. · The matter was contracted to Marion K. Skilling Associates, who subsequently withdrew without completing the task. . The first reading of Ordinance 2002-02 to rezone the property to C-2 was deferred by the City Commission on February 11, 2002, February25, 2002, March 11,2002 and June 10, 2002. The City Commission held the first reading on June 24, 2002. . The proposed Ordinance No. 2002-07 to amend the zoning code, changing the C-l, C-2 districts and adding an I-I district, if adopted, will eliminate many of the potentially incompatible uses from the C-2 zoning district. The City Commission held the second reading of this ordinance on June 24,2002. A third reading will be held for adoption. . The affected parties and the City Commission discussed and agreed on a concept plan for the site at its June 10, 2002, meeting. None. July 8, 2002 Public Hearing Agenda Item B Page 3 FINDINGS: . The proposed Zoning Map designation C-2 "General Commercial" for development of commerciaVindustrial activity, is compatible with the commercial and industrial nature of U.S. 17-92. The amended Code of Ordinances and the development agreement will minimize the negative impacts on the adjacent residential properties. . The proposed zoning change from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One and Two Family Residential", and R-I-A "Single Family Dwelling" to (City) C-2 "General Commercial" District will not create additional negative impacts for the adjacent residential areas, due to the provisions of the Code of Ordinances and the development agreement. If adopted, these provisions will lessen the existing negative impacts through the implementation of both phase I and IT. . The City will have the capacity to provide sewer, water, and other urban services to the subject property and adjacent parcels that it provides to other areas ofthe City when the trunk lines are extended in the near future. . The proposed use ofthe property for commercial activity will add to the City's tax base. . Traffic generated from this commercial tract (7.561 acres) will not cause any significant reduction in the Level of Service or threaten the Level of Service of U.S. 17-92. The future development (phase II) will be subject to concurrency review. A traffic study will be required as part of the submittal requirements for phase IT. Phase IT is subject to the land development requirements found in Chapter 9 of the City Code and the development agreement. FISCAL IMPACT: IMPLEMENTATION SCHEDULE: When the development agreement, Future Land Use amendment (Comp Plan), and rezoning are finalized, the applicant may submit plans for the storm-water pond, masonry walls (including a 4- foot tall decorative masonry wall along approximately 400 feet of Nursery Road frontage, stabilized grass parking, and vegetative buffers. This submittal must be consistent with the Phase I plan associated with the development agreement. July 8, 2002 Public Hearing Agenda Item B Page 4 STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for second reading for adoption of Ordinance 2002-02 to change the Zoning Map designation of a 7.561-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-2 "One and Two Family Dwelling", and R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial District", subject to approval of both the FLU amendment and development agreement. The rezoning should incorporate the City staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the rezoning. PLANNING & ZONING BOARD RECOMMENDATION: The Planning & Zoning Board, at its March 7, 2001, meeting recommended the City Commission approve the change of Zoning Map designation of a 7.561-acre tract, located on Nursery Road on the east side of U.S. 17-92, from (County) C-2 "Retail Commercial", C-3 "General Commercial & Wholesale", R-I-A "Single Family Dwelling" District to (City) C-2 "General Commercial & Industrial District", incorporating the City staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the rezoning. ATTACHMENTS: A. Ordinance 2002-02 (revised pursuant to the 6/24/02 City Commission meeting) COMMISSION ACTION: '. ATTACHMENT A ORDINANCE NO. 2002-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U .S. HIGHWAY 17 192, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) C-3 "GENERAL COMMERCIAL AND WHOLESALE DISTRICT," R-2 "ONE AND TWO FAMILY DWELLING" AND R-l "SINGLE FAMILY DISTRICT" TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, on March 7,2001, the Planning and Zoning Board recommended approval of this rezoning based on the testimony and information presented before the Board; and WHEREAS, based on the recommendation of City staff, the Planning and Zoning Board, and review of the competent substantial evidence presented to the City Commission on this rezoning application, the City Commission hereby finds that rezoning the subject real property as set forth herein constitutes a legitimate public purpose; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS AS FOLLOWS: Section 1. Zoning Designation Amended. The zoning designation of the real property legally described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference, is hereby amended from Seminole County C-3 "General Commercial and Wholesale District," R-2 "One and Two Family Dwelling" and R-1 "Single Family District" to City of Winter Springs C-2 "Commercial District." Upon the effective date of this Ordinance, City Staff is hereby instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this amendment. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent City of Winter Springs Ordinance No. 2002-02 Page 1 of 2 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 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance No. 2002-01 becoming effective. If Ordinance No. 2002-01 does not become effective, then this Ordinance shall be deemed null and void. In addition, the effective date of this ordinance is contingent upon the recording of the Binding Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject property, dated July 8, 2002. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2002. Paul P. Partyka, 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. 2002-02 Page 2 of 2 ORDINANCE NO.2002-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING DESIGNATION OF THE REAL PROPERTY GENERALL Y LOCATED ON NURSERY ROAD EAST OF U.S. HIGHW A Y 17/92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) C-3 "GENERAL COMMERCIAL AND WHOLESALE DISTRICT," R-2 "ONE AND TWO FAMILY DWELLING" AND R-I "SINGLE FAMILY DISTRICT" TO (CITY OF WINTER SPRINGS) C-2 "COMMERCIAL DISTRICT"; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, on March 7,2001, the Planning and Zoning Board recommended approval of this rezoning based on the testimony and information presented before the Board; and WHEREAS, based on the recommendation of City staff, the Planning and Zoning Board, and review of the competent substantial evidence presented to the City Commission on this rezoning application, the City Commission hereby finds that rezoning the subject real property as set forth herein constitutes a legitimate public purpose; and WHEREAS, the' City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS AS FOLLOWS: Section 1. Zoning Designation Amended. The zoning designation of the real property legally described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference, is hereby amended from Seminole County C-3 "General Commercial and Wholesale District," R-2 "One and Two Family Dwelling" and R-l "Single Family District" to City of Winter Springs C-2 "Commercial District." Upon the effective date of this Ordinance, City Staff is hereby instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this amendment. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent City of Winter Springs Ordinance No. 2002-02 Page I of 2 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 4. Effective Date. This Ordinance shall become effective immediately upon Ordinance No. 2002-01 becoming effective. If Ordinance No. 2002-01 does not become effective, then this Ordinance shall be deemed null and void. In addition, the effective date of this ordinance is contingent upon the recording of the Binding Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject property, dated July 8, 2002. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of July , 2002. - uaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY ~ Anthony A. Garganese, City Attorney First Reading: June 24, 2002 Second Reading: July 8, 2002 Effective Date: See Section 4. City of Winter Springs Ordinance No. 2002-02 Page 2 of 2 EXHIBIT "A" Legal Description LEGAL DESCRIPTION LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19. ENTZINGER FARMS ADDITION NO.3 AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY 235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLOR IDA. PARCEL ~~: THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3. RECORDEC IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE. COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84"09'38"E. 500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FOR A POINT OF BEGINNING: THENCE SOS"SO'30'W. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID LOT 19. THENCE N8S"30'33"E. 31.91 FEET: THENCE NOS"S6'S7"W. 153.63 FEET TO THE POINT OF BEGINNING. PARCEL ~3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170 FEET OF LOT 19. ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. / LOTS 1 & 12. BLOCK D. TALMO SUBDIVISION. PLAT BOOK 9. .~AGE {6~' " '- . ----. -- JAN-31-2002 15:07 _> BROWN,WARD,SALZMAN&WEISS,PA; Page 21 P.21 ~eceived: 1/31/02 3:13PM; I I rLTl --"'.-l Map of Subject Properties '... { or TOTAL P.21 I . 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