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HomeMy WebLinkAbout2003 10 13 Public Hearings 404 Second Reading - Ordinance 2003-09 Rezoning COMMISSION AGENDA October 13. 2003 Meeting Consent Information Public Hearing X Regular ITEM 404 MGR. V /Dept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for Second Reading!Adoption of Ordinance 2003- 09 Rezoning a 2.02 Acre parcel, located at 1281 Natures Way, from (County) "A-I" to (City of Winter Springs) "Town Center District", PURPOSE: This is an Administrative request to designate an appropriate and compatible City of Winter Springs' Zoning Classification for a parcel which was previously annexed into the City from Seminole County, but subsequent action was never taken to Rezone the affected parcels from Seminole County Zoning to City of Winter Springs Zoning. The City is initiating the change as the applicant. The property owners have been notified by certified mail so that they are aware of the process and so that their input can be heard. 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 ofthe 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." Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances. Section 166.041, F.S., states that a proposed ordinance shall be noticed once in a newspaper of general circulation in the municipality at least 10 days prior to adoption and that the notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Winter Springs Chapter 9. Article XI. Nonconformities Sec. 9-561. Intent... @ October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 Sec. 9-562. Continuance... Sec. 9-564. Nonconforming uses of structures... Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-568. Special Permit. The Armiger property is NOT exempt from the following sections of the Winter Springs Code. regardless of FLUM or Zoning: Sec. 12-53. Abandonment of motor vehicles prohibited. (a) No person... shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any... private property unless such vehicle is within a completely enclosed building... A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty- eight (48) consecutive hours, ..., and/or inoperable as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes,... having no valid licenses tag, or being in any physical state rendering it inoperable or unslightly to the neighbor hood. Sec. 13-34. Animals. birds. It shall be unlawful for any person to keep any animal or bird within the city which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicingity. Sec. 20-411. Trailers in residential areas. (a).. . campers, camp trailers and boats and trailers will be permitted if kept in a garage, carport, rear yard or side yard not fronting any street, providing no one occupies them. Sec. 20-431. Parking. storage or maintenance of certain vehicles prohibited in residentially zoned districts. (1) (c) No recreational vehicle shall be occupied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned district in the city. CHRONOLOGY: Feb. 24, 1992- Annexation by Ordinance 516, Petition filed by Robert R. & Juanita Shasteen April 28, 2003- Property Owner Notified of Administrative Action May 07, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval. May 19,2003- Adjacent property owners within 150' Notified by Certified Mail May 21, 2003- Property posted with signage Noticing Upcoming Meetings May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting. June 09, 2003- Commission postponed 1 sl Reading of Ordinance 2003-09 July 31,2003- Second Public Noticing for 1 sl Reading by the Commission in Orlando Sentinel Aug. 11, 2003- 1 st Reading of Ordinance 2003-09 Sept. 22, 2003- 2nd Reading of Ordinance 2003-09, Postponed until Oct. 13,2003 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 Owner - Sandra H. Armiger Parcel Number - 01-21-30-501-0000-0130 Acreage - 2.02 Acres General Location - The site is located at 1281 NATURES WAY, immediately north of Avery Park and south of the Tuscawilla Trails mobile home community. Legal Description - LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5 Chronology of Subiect Property - The subject property was annexed into the City on February 24, 1992, by Ordinance 516. Existing Land Use - The property is currently in Low Density Single-Family Residential use (1.1 Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent existing land uses, zoning and FLUM designations include the following: I Existing Land Uses Zoning FLUM! Subject Site Low Density A-I (SC) Medium Residential (SC) _______ _~~g!~_!'.~.~!Y~~~.i_~~~!.!~_L.._.___..___..___.__.________._______._.____ J...~~.~_!_Ql2.U~l_______.._____ North Mobile Home Residential R- T (WS) Residential Medium (WS) .-.----.-------.---.-.-.-----.-.....----.-----__.._____.___.._._______._.____..Q:~_Q..lL~_~~.2~Q}2Q~)__ South Mixed Use Town Ctr District (WS) Town Ctr District (WS) ------------1---------.--.--.--.----.---.--...-.--...---.------.---..-----------..---..-.-.-.-.-..---.-.-----_...___..._..___..__..___._.___.___...._.___ East Single Family Residential A-I (SC) Medium Residential (SC) . .-- ----.-.-.-.--------......--....-.------._.__._..._ ._.._._._._.___...___.___._....__._.__..__...___.. _(M~~lQ}:~Y.~l._____....______. West Single Family Residential A-I (SC) Medium Residential (SC) (Max 10 DUA) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Deyelopment Trends - The subject site is already developed as a single family home. No land use changes have been proposed. Proposed Zoning Classification - The proposed zoning classification change from Seminole County "A-I" to Winter Springs "Town Center District" is consistent with the general character of the area and the site's existing land use. The site is located adjacent to the current Town Center District boundary. Letters/Phone Calls In Favor Or Opposition - Several phone calls have been received asking for information. No phone calls or letters have been received in favor or in opposition of the rezoning as of Sept. 3, 2003. REZONING ANALYSIS: Justification For Zoning Designation - The proposed zoning designations have been determined by evaluating the prevailing character of the area, as well as evaluating the current land use and ifit is compatible with the permitted uses for the proposed zoning classification. A comparison of permitted uses under the current zoning was compared to the permitted uses in the proposed zoning to identify the possible uses which would be non-conforming. The Town Center District allows the property owner the most flexibility and is the most compatible with the surrounding Winter Springs October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 area. The property owner has been assured that the existing agricultural structures and use (barn and animals) would be allowed as a non-conforming, pre-existing use. Public Facilities - The site is already developed. At this time, no changes are being proposed to the existing development. Therefore, the proposed rezoning will have no impact on public facilities and services. If the site later develops at maximum density, the resulting number of lots would still have a negligible impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent in the zoning of the property is to apply a Winter Springs zoning designation that fits within the context of the area. The proposed zoning designation for the subject property is consistent and compatible with the surrounding land uses. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not included on the City's Future Land Use Map, because the parcels were annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 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 May 7, 2003, and June 4, 2003, the City of Winter Springs Planning & Zoning Board (LP A) heard the request for Rezoning of the Armiger property located at 1281 Natures Way. from "A-1" (Seminole County) to "Town Center District" and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for Second Reading! Adoption of Ordinance 2003-09 changing the Zoning Classification on the subject property at 1281 Natures Way, from "A-I" (Seminole County" to "Town Center District" (City of Winter Springs). The Rezoning should incorporate the City Staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning. Existing non-conforming uses and structures will be to be regulated under Ordinance 2003-36, Non-Conforming Uses and Structures and are listed in Attachment "C". IMPLEMENTATION SCHEDULE: September 5, 2003- Property Owner (Ms. Armiger) met with the City Manager to resolve concerns October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 September 11, 2003- Public Noticing in Orlando Sentinel for 2nd Reading! Adoption by the Commission September 22, 2003- 2nd Reading of Ordinance 2003-03, Postponed until Oct. 13, 2003 October 13, 2003- 2nd Reading and Adoption of Ordinance 2003-03 ATTACHMENTS: A. Planning & Zoning Board Minutes from May 7,2003 & June 4, 2003 B. Winter Springs "Town Center" permitted uses compared to Seminole County "A-I" C. Issues discussed with Sandra Armiger D. Ordinance 2003-09 including Map & Legal Description COMMISSION ACTION: October 13,2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "A" ATTACHMENT "A" Plannin2 & Zonin2 Board Minutes from Mav 7, 2003 "I WOULD MOVE THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY CHANGE THE SITE ZONING ON THIS PROPERTY FOR SITE ONE (1) FROM - 'A-I' IN SEMINOLE COUNTY TO ALSO 'TOWN CENTER DISTRICT' ZONING CODE BASED ON THE SAME FINDINGS AND BASED ON THE SAME - GRANDFATHERING PROVISIONS AND THAT THEY NOT LOSE THEIR GRAND FATHERING UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) CONTINUOUS MONTHS - AND THAT THEY BE ABLE TO BE TRANSFERRED AND ASSIGNED AND SOLD TO ANY FUTURE PURCHASERS SO THAT ANY FUTURE PURCHASERS CAN PURCHASE IT AND HAVE HORSES AND PIGS AND CATS AND CHICKENS ON THEIR PROPERTY." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Plannin2 & Zonin2 Board Minutes from June 4,2003 PUBLIC HEARINGS A. Ratify And Incorporate Previous Discussion And Actions From The April 23, 2003, And May 7, 2003~ Into The Minutes, Including The Recommendations On The Following Ordinances: 1. Ordinance 2003-09: 1281 Natures Way Zoning Map Designation. 2. Ordinance 2003-11 : Orange Avenue Zoning Map Designation. 3. Ordinance 2003-13: 1120 Orange Avenue Zoning Map Designation. 4. Ordinance 2003-15: 835 And 895 West State Road 434 Zoning Map Designation. Chairman Brown opened the "Public Input" portion of this Agenda Item. No one spoke. October 13,2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "A" The "Public Input" portion of this Agenda Item was closed. "I ALSO WOULD MOTION THAT WE RATIFY THOSE MOTIONS WHICH WERE INCLUDED IN THE APRIL 23, 2003 AND MAY 7, 2003 MINUTES AS APPROVED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPEJRSON KREBS. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE MOTION CARRIED. October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "B" ATTACHMENT "B" Town Center District Permitted Uses (uses permitted In the "A-1" County Zoning are In bold) Administrative public buildings; Adult congregate living facility; Advertising agencIes; Alcoholic beverag'e sales (package); Alcoholic beverage on-premIses consumption; Alterations and tailoring; Amusement enterprises, prIvate commercial; Antique an~ gift sh~p; .. Amusement enterprises, private commercial; Appliances, ~a'es and service; Artists' studios; Automotive apcessorles sales; Bakery, wholesale and retail; Bathroom accessorIes; Bed and breakfast Inn; BIcycles, sales and service; Bookstores, stationery, newsstands; Bookkeepers; . Butcher shop, retail only; Carpets, rugs and linoleum; . Churches (with or without educ. & rec. bldgs/facllitles); Cleaners; CoIn dealers; Computers, hardware, and software sales and service; . Confectionery and Ice cream stores; . Convention center; Corner stofe or nelghborhd convenience store wlo gas pumps; Dance and music studios; . Day nurseries, kIndergartens and day care; Drug and sundry stores; Employment agencIes; Financial Institutions, banks, savIngs and loan; Florist and gIfts shops; Fl,Jmlture, retail, new and used; Government service facilities; Grocers, retail and wholesale; Gun shop; Hardware stores; Health fOOd; Hobby and craft shops; Home occupations; Hospitals and nursing homes; Hotel; Hypnotists; . Inn; Insurance; Interior decorating and draperies; Jewelry stores; Libraries; { Loan companies; Locksmiths; Luggage Shops; Manufacturfng & assembly of scientific & optical precision Instrmnts; Markets and stores, small (Not exceeding 20,000 square feet); October 13,2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "B" Medical clinics and laboratories; Municipal Buildings; . Nurseries, plants, trees, etc., Retail & wholesale; Nursing Homes; Offices; Outdoor signs sales offices; Paint store; . Parking garages; Parks and public recreation areas & facilities; Pet shops and grooming; Photographic studios; Physical fitness and health clubs; Post office; Private clubs and lodges; Public restrooms; Public utilities and service structures; Quick printers; - Radio and TV broadcasting studios, excluding towers; Radio and TV sales and service; Rental stores; Retirement homes, Incl.uding Independent living through assisted living; Residential, single family (attached and detached); Residential, multifamily; Restaurants; Schools, service and vocational schools (such as cosmetology, medical and dental assistant's training); Shoe repair shops; . Sidewalk cafes; Snack shops; Sporting goods, retail; Tailoring shops; TaxidermIsts; Telephone business office and exchanges; Theaters, not drive-Ins; Title companies; Tobacco shops; Town Center marketing and sales center; Toy stores; n~1I heads; Travel agencies; Wearing apparel stores; Any other sImilar retail store or business enterprise not listed, that in the jUdgment of the devslopment review committee Is not specifically limIted to other zoning districts withIn the City and Is consistent with those Included above, and further, that will be In harmony with the spirit of the Winter Springs Town . Center Master Plan. (b) Uses penn/tied by.speclal exception only. Automobile repair shops (routine service); Bowling alleys; Bus terminal; Car wash; Corner store or neighborhood convenience store with gas pumps; . Equestrian facilities; . Gas stations; Launderettes and Laundromats; Printers, commercla~ -{. Schools, private and parochial; October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "B" sKating Hnks; Stadiums and arenas; Swimming pools; sales service and supplies; V~terlnary clinics (no overnight boarding); (Ord. No. 707, ~ 1 (Exh. A), 6-12-00) Seminole County "A-1" Permitted Uses (Not permitted In the Town Center District) Citrus or other fruit crops cultivation, p.roductlon and horticulture. Truck Farms. Poultry and livestock production, excluding commercial swine raising, except as otherwise provided within the district. Grazing and pasturing of animals. Roadside stands for the sale of fruits, vegetables, and similar products produced on the premises, provided such stand Is placed no closer than twenty-five feet to a property lien. Fish hatcheries or fish pools, .when approved in accordance with all applicable federal, state and county regulations and laws. . Bait production. Stables, barns, sheds, silos, granaries, windmills, and related agricultural structures. Dairies. Apiculture. SlIIvlculture Including timber production. /' J; October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "c" ATTACHMENT "C" Issues discussed with Sandra Armiger Existing Non-Conforming Structures (grandfathered in) Barn Pump House Chicken Pens Detached Carport for Tractors, Equipment Detached Garage for Race Cars and Motorcycles Existing Non-Conforming Uses (grand fathered in) Horses (3) Other pets and animals currently owned by Sandra Armiger are not addressed under the Code. They can be retained unless they become a noise nuisance as addressed in Sec. 13-34. Animals and birds. Non-Conforming Uses and Structures are addressed in Ordinance 2003-36, Non-Conforming Uses and Structures. (Winter Springs Chapter 9. Article XI. Nonconformities) See. 9-561. Intent... Sec. 9-562. Continuance... Sec. 9-564. Nonconforming uses of structures... Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-568. Special Permit. The Armiger property is NOT exempt from the following sections of the Winter Springs Code, regardless of FLUM or Zoning: Sec. 12-53. Abandonment of motor vehicles prohibited. Sec. 13-34. Animals. birds. (related to noise) Sec. 20-411. Trailers in residential areas. Sec. 20-431. Parking. storage or maintenance of certain vehicles prohibited in residentially zoned districts. Other issues (Although these are issues raised by Ms. Armiger as concerns, they do not impact the determination of Future Land Use or Zoning): 1-The Tuscawilla Trails' survey indicated that Ms. Armiger's well and barn were 15' into the easement. A new survey indicates that the Tuscawilla Trails' survey was wrong. 2- Tuscawilla Trails' construction traffic along Nature's Way. A letter will be sent to Tuscawilla Trails requesting that the construction traffic be diverted from SR 434 rather than from Nature's Way. 3- Residents who live along Natures' Way will continue to have access during construction, however, this access can be off of SR 434 during construction of infrastructure through Nature's Way. 4- Tuscawilla Trails' Landscape Plan indicates that a 25' Vegetative Buffer existed prior to construction and would be retained, except for areas where the utility lines cross. The area immediately in front of Ms. Armiger's house is now void of any vegetation. The Developer will be required to replant this area with the two rows of staggered screening material with vegetation determined to be appropriate for this site by the City Forester. 5- Conveyance of the easement. The easement will be conveyed after the infrastructw:e is installed. October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 A TT ACHMENT "D" ATTACHMENT "D" ORDINANCE NO. 2003-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED AT 1281 NATURES WAY, WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHffiIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-I" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR. INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at its May 7,2003 and June.4, 2003 meetings; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public he~ring on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written ~nd oral coriiments and supporting data and analysis, and after complete deliberation, hereby finds the requested change consistent with the qty 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, Flori~a. .NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: { City of Winter Springs . Ordinance No. 2003-09 Pagel of 3 October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "D" Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. 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 Seminole CountY "A-I" to City of Winter Springs "Town Center District" for the property legally described on Exhibit "A," which is attached 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 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 this Ordinance .is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for slJbstantive, procedural, or any other reason, such portion shall be deemed a separate, distinct an.d 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 the , effective date of Ordinance 2003-08 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2003-08 does not become effective, then this Ordinance shall become hull and void. ,f f City of Winter springs. Ordinance No. 2003-09 Page 2 of 3 October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 A TT ACHMENT "D" ADOPTED by the City Conunission of the City of Winter Springsl Florida, in a regular meeting assembled on tile day of ,2003. John F. Bush, 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: F:\Docs\City ofWinler Springs\Ordinances\Zoning2003-09.wpd7 ,J' < City of Winter Springs . Ordinance No. 2003-09 Page 3 of 3 October 13, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "D" EXHIBIT "A" N w~. ,.E ..f f'... ..L--/ s LEGAL DESCRIPTION LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5