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HomeMy WebLinkAbout2003 09 22 Public Hearings 404 Second Reading - Ordinance 2003-09 Rezoning Date: 092203 The following Document was Postponed until the October 13, 2003 City Commission Meeting. COMMISSION AGENDA September 22, 2003 Meeting Consent Information Public Hearine X Re~ular ITEM 404 MGR. II---- /Dept. Lff 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 ofthe 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." 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. ~ September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 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 (LPA) 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 sl 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 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 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: Existing Land Uses Zoning FLUM Subject Site Low Density A-I (SC) Medium Residential (SC) ___________________ _~~gl_~._!':!~~!y__~~~~~Et.i~L_ .____.___.__._.___..__.___.._.__._________._._..{M~~}QJ? U ~J____._____.____._.__.__ North Mobile Home Residential R-T (WS) Residential Medium (WS) ._ ________..______._____._.___.___...___._____..__ ._.______._________.______...____..____ ._Q.:.?._Q~~_!~2~Q}2.!! A L..____. Mixed Use Town Ctr District (WS) Town Ctr District (WS) South West --------. --.-.-.------..-..---...---....---..-..--.--..-.--.-- -----..-----..---------...-.-- --....---..----.--.-.----.----..-------..---- Single Family Residential A-I (SC) Medium Residential (SC) ______._..______..__________.._ _._________________.____ ~a~J2.12._~~)..__.._____._.___. Single Family Residential A-I (SC) Medium Residential (SC) (Max 10 DUA) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo East Development Trends - The subject site is already developed as a single family home. No land use changes have been proposed. September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 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 if it 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 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. September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 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 ofthe Armiger property located at 1281 Natures Way. from "A-I" (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. IMPLEMENT A TION SCHEDULE: September 5, 2003- Property Owner (Ms. Armiger) met with the City Manager to resolve concerns September 11,2003- Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission September 22, 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. Ordinance 2003-09 including Map & Legal Description COMMISSION ACTION: September 22, 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 THA T 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. September 22, 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 CHAIRPERSON KREBS. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE MOTION CARRIED. "1 September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "B" ATTACHMENT "B" Town Center District Permitted Uses (uses permitted In the IA_11 County Zoning are In bold) Administrative public buildings; Adult congregate living facility; Advertising agencies; Alcoholic beverage sales (paCkage); Alcoholic beverage on-premises consumption; Alterations and tailoring; Amusement enterprises, private commercial; Antique and gift shop; Amusement enterprises, private commercial; Appliances, $ales and service; Artists' studios; Automotive accessories 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 store or neighborhd convenience store w/o gas pumps; Dance and music studios; Day nurseries, kindergartens and day care; Drug and sundry stores; Employment agencies; Financial institutions, banks, savings and loan; Florisf and gifts shops; Furniture, 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; L1brarles;:r; Loan companies; Locksmiths; Luggage shops; Manufacturing & assembly of scientific & optical precision Instrmnts; Markets and stores, small (Not exceeding 20,000 square feet); September 22, 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, including Independent living through assisted living; Residential, slngle 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; Trail heads; Travel agencies; . Wearing apparel stores; Any other similar retail store or business enterprise not listed, that in the judgment of the development 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 permitted by special 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, commercial; -(: Schools, private and parochial; September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "B" skating Hnks; Stadiums and arenas; Swimming pools; sales service and supplies; Veterinary clinics (no ovemlght boarding); (Ord. No. 707, ~ 1 (Exh. A), 6-12-00) Seminole Countv "A-i" Permitted Uses (Not permitted In the Town Center District) Citrus or other fruit crops cultivation, production 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. SlIiviculture Including timber production. / l' ~! September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "C" ATTACHMENT "C" 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 NATURESW A Y, WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHmIT "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 SEVERABaITY; 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 June4, 2003 meetings; 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, Flori~a. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: "r City of Winter Springs Ordinance No. 2003-09 Page 1 of 3 September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "e" 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, subsectionJ 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 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 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 null and void. .r City of Winter Springs Ordinance No. 2003-09 Page 2 of 3 September 22, 2003 I PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT "C" ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 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 of Winter Springs\Ordinances\Zoning2003-09.wpd7 ? " City of Winter Springs Ordinance No. 2003-09 Page 3 of 3 September 22, 2003 PUBLIC HEARING AGENDA ITEM 404 EXHIBIT "A" MAP N w*'"~ s LEGAL DESCRIPTION LOTS 13 & .14 TUSKAWILLA, PB 1 PG 5 A TT ACHMENT "C"