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Home My WebLink About2003 11 10 Public Hearings 402 First Reading - Ordiance 2003-32 Small Scale FLUM Amendment near Old Sanford/Oviedo Road COMMISSION AGENDA ITEM 402 Consent Information Public Hearin Re ular x November 10. 2003 Meeting MGR.;"- /Dept. J REQUEST: The Community Development Department - Planning Division requests the City Commission POSTPONE TO DATE CERTAIN (Feb. 23, 2004) a Public Heating for First Reading of Ordinance 2003-32 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of two (2) parcels located between SR 419 and Old Sanford/Oviedo Road from "Industrial" to "Commercial" . PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two parcels located between SR 419 and Old Sanford/Oviedo Road from an "Industrial" to a "Commercial" Future Land Use designation. The request promotes sound planning and provides safeguards to protect against incompatible land uses which may impact adjacent or surrounding land uses. These parcels include the Florida Power & Light Company easement and front onto SR 419 across from the Deer Song residential area. The existing zoning of "C-l Neighborhood Commercial" provides a transition to the adjacent Industrial uses to the north from the residential area. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4) : Florida Statute 163.3187 Amendment of adopted comprehensive plan. (c) Any local government comprehensive plan amendments direcdy related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan... Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. (3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance... 0 Winter Springs Charter Section 4.15 Ordinances in General. @). November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent: Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. BACKGROUND: On July 8, 2002, the City Commission approved Ordinance No. 2002-07 creating a new zoning district category called "1-1 Light Industrial District". In addition, this Ordinance amended the list of allowable uses within the "C-2 General Commercial and Industrial Districts" by modifying the list of general commercial uses and eliminating the list of industrial uses; and amending the list of permitted conditional, and prohibited uses within the "C-1 Neighborhood Commercial District". In light of the newly created zoning district, it is the intention of the City to rezone those properties whose existing land uses are more compatible with the allowable uses of the Winter Springs "1-1 Light Industrial District" than that of the Winter Springs "C-2 General Commercial District". As part of this process, it was determined that the subject properties should retain their current zoning, but the FLUM needed to be amended. CHRONOLOGY: July 23, 2003- Property Owner Notified by Certified Mail Aug. 6, 2003- Planning and Zoning Board/LP A heard the request for Small Scale Comprehensive Plan Amendment FLUM change and Recommended Denial Sept.14,2003- Public Noticing in Orlando Sentinel for 1 stReading by the Commission Sept.22, 2003- 1 st Reading of Ordinance 2003-32 postponed to November 10, 2003 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Phillips, Bartholomew D. Parcel Numbers - 34-20-30-5A W-OOOO-0340 & 34-20-30-5A W-OOOO-0330 Acreage - 9.04 Acres General Location - The site is located at 901 SR 434. Legal Description -LEG AIL LOTS 33 (LESS E 143.14 FT), 34, & 35 ENTZMINGER FARMS ADD NO 2 PB 5 PG 9 Existing Land Use - Storage for junk tractor trailers under the FPL Easement - Power lines. Florida Power & Light regulates the use of power line easements but allows outdoor storage as a permitted activity. However, the current use of the site for outdoor storage is not a permitted use under the City of Winter Springs "C-1 Neighborhood Commercial" Zoning District. According to Staff, the use of the site for outdoor storage has been expanding. November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 Existing Land Uses Zoning FLUM Subject Site Outdoor Storage C-l (\VS) Industrial (WS) and FP&L Easement _______ ____.____.__..____._.___...._...____.__._____.__.. ....__...c_.._.__._________.___.._.._._....._..._._____ __.....__._....____.___._.....__..._ ........__....___..._._._..__...___._ North Industrial C-2 (\VS) Industrial (WS) -- --..----..---.-..---------.-.-.- ..----.-.---------.--..-.---.-.--,.---.-.--.. --..-.--.-....-----.-....----..----------....-.--- South Single Family Residential R-l (WS) Moderate Density f--------- ---_______._________.__._..... ....__.._..__________.______.__._._.____..____._~~_~~~!r;t_~~!..~~L____________.__ East Access for New C-l (WS) & Public/Semi-Public (\VS) Elementary School "I" site and FP&L Easement A-l (SC) Agricultural (SC) f---- West Light Industrial C-2 (WS) Industrial (WS) (WS) Winter Springs; (SC) Seminole County; Development Trends - The parcels are primarily vacant, but include the Florida Power & Light Easement. No changes are proposed. The purpose of the request is to make the parcels' FLUM consistent with planning objectives for the area and with the intent of the current zoning. Proposed Future Land Use Classification - The proposed future land use map designation from Winter Springs "Industrial" to Winter Springs "Commercial" is appropriate and compatible with the area. Letters/Phone Calls In Favor Or Opposition - Mr. Bart Phillips, owner of the property is opposed to this action, because he favors using the site for industrial purposes which are currently not permitted there. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around the subject property, as well as evaluating the current zoning, land use and the future goals and objectives of the City. Public Facilities - The proposed future land use map designation change will not impact public facilities and services because there is no associated development being proposed. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the Small Scale Comprehensive Plan Amendment is to apply a Winter Springs future land use designation that is compatible with the surrounding uses. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - The request is consistent with the objectives of the City's Comprehensive Plan. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important, beyond those existing currently. PLANNING & ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting of August 6, 2003, the City of Winter Springs Planning & Zoning Board (LP A) heard Staffs request to adopt a Small Scale FLUM Amendment changing the Future Land Use Map designation of the two parcels between SR 419 and Old Sanford/Oviedo from "Industrial" (City of Winter Springs) to "Commercial" (City of Winter Springs) and voted to Recommend Denial of the change to the City Commission so that the property remain with an "Industrial" FLUM, based primarily on the testimony of the property owner. STAFF RECOMMENDATION: Staff recommends that the City Commission POSTPONE TO DATE CERTAIN (Feb. 23, 2004) a public hearing for First Reading of Ordinance 2003-32, adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation of two (2) parcels located between SR 419 and Old Sanford/Oviedo Road from "Industrial" to "Commercial". IMPLEMENTATION SCHEDULE: Feb. 23, 2004- 1 st Reading of Ordinance 2003-32 Mar. 4, 2004- Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission Mar. 22, 2004- 2nd Reading/Adoption of Ordinance ATTACHMENTS: A. Planning & Zoning Board/LP A Minutes from August 6, 2003 B. Ordinance 2003-32 including Map & Legal Description COMMISSION ACTION: November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT "A" Planning & Zoning Board/LP A Minutes from August 6, 2003 PUBLIC HEARINGS B. Small Scale Land Use Amendment - Between State Road 419 And Old Sanford Oviedo Road From Industrial To Commercial, Equaling 9.04 Acres. Ms. Sahlstrom presented the Agenda Item. Chairman Brown opened the 'Public Input"portion oj this Agenda Item. Mr. Ban Phillips, 7220 Lake Flqy Circle, Orlando, .Florida: requested the Land Use remain "Industrial". Ms. Helga Schwa'iJ 720 Gallowcry Court, Winter Springs, .Florida: addressed the Board and stated, "For people that might be living in Deer Song, I am sure they appreciate the buffer they have between the Industrial Center and their Property." The 'Public Input" portion oj this Agenda Item was closed. Discussion. "BETWEEN STATE ROAD 419 AND THE OLD SANFORD OVIEDO ROAD, FROM INDUSTRIAL TO COMMERCIAL - I RECOMMEND THAT THIS BOARD NOT MAKE THAT RECOMMENDATION. LET US LEAVE THAT AS INDUSTRIAL AS IT CURRENTLY IS, BECAUSE I UNDERSTAND NOT ONLY HIS POSITION BUT I ALSO LOOK AT THE AREA AND KNOW WHAT USES IT CAN BE USED FOR - SO I WOULD LIKE TO KEEP IT JUST LIKE IT IS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KREBS. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE MOTION CARRIED November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT "B" ORDINANCE NO. 2003-32 AN ORDINANCE OF THE CITY COMMISSION 01' THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCAI.E FLUM AMENDMENT BV CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS TOTALING 9.04 ACRES MORE OR l.ESS AND LOCATED I BETWEEN STATE ROAD 419 AND OLD SANFORD/OVIEDO ROAD IN WINTER SPRINGS, FLORIDA, AND MORE PARTlCULARL\' DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A". ATTACHED HER.t;TO FROM "INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING If OR SEVERABILITY; PROVIDING FOR JNCOR}lORA TION INTO THE COMPREHENSIVE PI,AN; AND PROVIDING FOR AN EFFRCTIVE DATE. WlmREA.S, the future hmd use map amondment embodied in thi::J Ordll1uncc is a amall ~(;l:\k amendment to the City of Winter Springs Comprehensive Plan in accordance with Section t 63.3187(1)(c), Florida Statutes; and WRRREAS, the Local Planning Agency of the City of Winter Springs held a duly not1ced public heating on August 6,2003, in accordance with the procedures in Chapter 163, Part ll, Florida , Statutes, OIl the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adophon to the City Commission; and WHEREAS, the City COI11mission of the City of Winter Springs held a duly noticed public bearing on the proposed amendment set forth hereunder and considered findings and advice of staff: citizens, and aU interested parti.es submitting written and oral comments and supporting data and City of Winter Springs Ordinance No. 2003.32 Page 1 of 4 an.alysis, and after complete deliberatjoll~ ht:T:t:by approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Spring~ hereby finds that this Ordinance is in the best interests of the public health, safety~ and welfare of the citizens of Winter Springs. NOWt THEREFORE~ THR CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAlNSt AS FOLLOWS: Section 1. Recitals. f The foregoing recitals arc true and correct and are fully lncorporated herein by this reference. Section 2. Authority, This Ordinance is adopted in compliance with, and pursuant to, the Local Governmcnt Comprehensivc Planning and Land Development ReguMions Aet. Section 3. Purpose and Intent II is hereby declared to be. the purpose and intent of this Ordinance to clarify, expand, correct, updatc~ modify and otherwise further the provisions of the City ofWjnter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs~ Comprehensive Plan, Future Land (Jse Map, is hereby amended by designating the real property depicted on Exbibit" A" from "Industrial" to "Commerc1al." Exhibit "A" is attached hereto and fully ineorponl.ted herein by this reference. Section 5. Transmittal to the Department of Commun ity Affairs. The City Manager or his designee is hereby designated to sign a letter lransmitting the adopted Comprehensive Plan Amendment to the Florida Dcparlment of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No:20m-J2 Page 2 of 4 Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted hythe City Commission, or parts of prior ordinances and resolutions in conmet herewith, are hereby repealed to the extcnt of the conflict. Section 7. 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 competentjurisdktion, whether for substantive, procedural, or any other reason, sueh 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 8_ Incorporation into Comprehensjve Plan. Upon the effective date of the Comprehensive Plan.Amemhnent adopted bythls Ordinance, said Amendment shall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date llnd Legal Status of the Pllln Amendment. The ellective date of this Ordinance shall take;: e;:lTt:l;t thirtywone (31.> days after adoption, in accordance with Section 1 63.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development penni.ts, or land use dependent on. this Amendment may be i~!lued or commenced before it has hecome effective. After and from the effective date of this Amendment, the Comprehensive Plan City of Winter Springs Ortlimll1C1: No, 2003-32 Page 3 of 4 Amendment set forth herein shall amond the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendmcnts shall havc the legal status of the City of Wintcr Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, .Florida, in a regular meeting assemhled on the _ day of ,2003. ATTEST: John F. Bush, Mayor - Andrea Lorenzo-LlIaces, 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: Effeclive Date: F;\Docs\City ofWinler Spring~\Ordinallccs\Sm3\J Scale FLUM2003-32.wpd City of Winter Spring!: Ordinance No. 2003.32 rJage 4 of 4 November 10, 2003 PUBLIC HEARING AGENDA ITEM 402 ORDINANCE 2003-32 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 + 2 LEW-JIM SUBD PB 11 PG 38