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HomeMy WebLinkAbout2003 09 22 Public Hearings 405 Second Reading - Ordinance 2003-31 Small Scale FLUM Amendment COMMISSION AGENDA September 22, 2003 Meeting Consent Information Public Hearin2 X Rej:!ular ITEM 405 MGR. ~ /Dept. / ~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for Second Reading/Adoption of Ordinance 2003-31 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of one (1) parcel located at 901 SR 434 (comer of Belle Avenue) 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 a parcel along SR 434 that has an existing Commercial land use and is in the "C-I Neighborhood Commercial" district. The current "Industrial" FLUM designation does not fit the current use and is not appropriate for businesses which front along SR 434 and does not fit with the rest of the SR 434 corridor. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan.. . (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required... Florida Statute 163.3187 Amendment of adopted comprehensive plan. (c) Any local government comprehensive plan amendments directly 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... @'" ~u" ~ September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "A" Winter Springs Charter Section 4.15 Ordinances in General. 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. CHRONOLOGY: July 23, 2003- Property Owner Notified by Certified Mail Aug. 6, 2003- Planning and Zoning Board heard the request for Small Scale Comprehensive Plan Amendment FLUM change and Recommended Approval Aug. 17, 2003-Public Noticing in Orlando Sentinel for 1st Reading by the Commission Aug. 25, 2003-1 st Reading of Ordinance 2003-28 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Numismatic Financial Corp Parcel Number - 04-21-30-501-0000-0010 Acreage - .694 Acres General Location - The site is located at 901 SR 434. Legal Description - LOTS 1 + 2 LEW-JIM SUBD PB 11 PG 380TS 13 & 14 TUSKA WILLA, PB 1 PG 5 Existing Land Use - The property is currently in Retail Commercial use as a Retail Coin Dealer. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Commercial C-I (WS) Industrial (WS) ---------- ____w.____.._.._.M....___._.__...._..._._._. _._._.___.M.____._.____._________.___.__. ...----.--.----.-------.------ North Vacant C-I (WS) Commercial (WS) ----. ._-------,-,,----,._-,-- __'M -- ,.-------- South Industrial C-2 (WS) Industrial (WS) ---- -----.--.-.---.-.--...--,--....-..---.-- --.--.---.---.---.--- ._------------- East Commercial C-2 (WS) Commercial (WS) -----.-.----.---...--.- .---------------- ._--- West Single Family Mobile RMHP (C) Med Density Residntl (C) Homes (WS) Winter Springs; (SC) Seminole County; (C) Casselberry September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 A TT ACHMENT "A" Development Trends - The parcel has been developed and no changes are proposed. The purpose of the request is to make the parcel's FLUM more consistent with the other retail parcels along the SR 434 corridor. 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 general character of the SR 434 area. Letters/Phone Calls In Favor Or Opposition - No phone calls have been received on this item as of September 3, 2003. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - On July 8,2002, the City Co111I1i.ission approved Ordinance No. 2002-07 creating a new zoning district category called "I-l 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-I 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 "I-I 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 property should retain its current zoning, but the FLUM needed to be amended. 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 land use and the future goals and objectives of the City. Public Facilities - The site is already developed. At this time, no changes are being proposed to the existing development. Therefore, the proposed future land use map designation change will have no impact on public facilities and services. 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 supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use designation is compatible with the surrounding areas. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - The request is consistent with the City's Comprehensive Plan. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 A TT ACHMENT "A" 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 the request to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of the Numismatic Financial Corp. at 901 SR 434 from "Industrial" (City of Winter Springs) to "Commercial" (City of Winter Springs) 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 2003-31, adopting a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation on the subject property at 901 SR 434, from "Industrial" (City of Winter Spriings) to "Commercial" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Aug. 25, 2003-Ist Reading of Ordinance 2003-31 Sept. 11, 2003-Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission Sept 22, 2003- 2nd Reading/Adoption of Ordinance ATTACHMENTS: A. Planning & Zoning Board Minutes from August 25, 2003 B. Ordinance 2003-31 including Map & Legal Description COMMISSION ACTION: I September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "A" ATTACHMENT "A" Plannin2 & Zonin2 Board Minutes from AU2ust 6, 2003 IV. PUBLIC HEARINGS PUBLIC HEARINGS A. Small Scale Land Use Amendment - 901 West State Road 434 (Corner Of Belle A venue And State Road 434) From Industrial To Commercial, Equaling 30,234 . Square Feet. Discussion. ''MR. CHAIR, I MOVE WE APPROVE ITEM 'A' ON THE AGENDA CAUSING THE PIECE OF PROPERTY ON BELLE A VENUE AND STATE ROAD 434 FROM INDUSTRIAL TO COMMERCIAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: VICE CHAIRPERsON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEl\1BER KARR: AYE BOARD MEl\1BER POE: AYE MOTION CARRIED. .I;: ~~ c '" )> -n .... ~. ;..- I "-' a-c:I ~ K" .=- -~ ~ t::::I September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "B" ATTACHMENT "B" ORDINANCE NO. 2003-31 AN ORDINANCE...QF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA, ADOPTING A SMALL SCALEFI,UM AMENDMENT BY CHANGING THR FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE(l) PARCEL TOTAI.ING 30,234 SQUARE FEET MORE OR LtSS AND LOCATED AT 901 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND I,RGALLY DESCRIBED ON EXHIBIT" A" ATTACHED HERETO FROM "INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOJ..UTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSJVR PI ,AN; AND PROVIDING FOR AN . EFFECTIVE DATE. I' I. WHEREAS, the future land use map amendment embodied in this Ordinance is a smaIl scale amendment to the City of Winter Springs Comprehensive Plan ill accordance with Section 163.3187(1)(c). Florida Statutes; and WHEllliAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public bearing on August 6, 2003, in accon.lam;t; with the procedurl<s in Chapter 163, Part IT, Florida Statutes, on the proposed Comprehensive Plan Amendment and consldered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commissioll; and WHEREAS, the City Commission ofthc City of Winter Springs held a duly noticed public hearing on the propnsed amendment set forth hereunder and {'.onsidered findings and advice of staff, citizens, and all interested parties submitting written and ond comments and supporting data and ,. f' Cily of Winh:r Springs Ordinance No. 2003-31 Page lof 4 September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "B" analy~is, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder~ and WHERRAS, the City Commission of the City of Winter Springs herehy finds that this Ordinance is in the best interests of the public ht:alth, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRlNC;S HEREBY ORDAINS, AS FOl.LOWS: Sectio~L! . Recitals. The foregoing recitals are true and correct and arc fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursua'1t to, the I.o<.:al Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions ofthe City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City'of Winter Springs' Comprehensive Plan, Future Laud Usc Map, is herehy amended by designating the real property depicted on Exhibit" A~' Irorn "Industrial" to "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Mfairs. The City Manager or his uesignee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Departml,'l1t of Community Affairs, in a<.:cordancc with Section 163.3187(1)( e)( 4), Florida Statutes, and Section 9J -11, Florida Administrative Code. City of Winter Springs Ordinance No. 2003.31 fJage 2 of 4 September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "B" Section 6. Repeal of Prior IncoDsi$tent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City COl1ll1lission~ or parts of prior ordinances and resolutions in conflict herew1th, are hereby repealed to the extent ofthe conflict. Section 7. SeverabiJjty~ 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 a[T~t the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date ~)flhe Comprehensive Plan Amendment adopted by this Ordin3.1iCe, said Amendment shall be incorporated into the City of W intcr Springs' Comprehensive Phm 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 and Legal Status of the Plan Amendment. The effective date of this Ordinance shall luke effect thirty-one (31) days after adoption, in accordance with Section 163.3 I 87(3)(c), unless challenged w1th1n thirty (30) days after adoption of this Ordinance, (hen this Ordinance shaH become effective at such time the Florida Department of Community Affairs or the Administration Conmussion issues a final order dctcnnining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become dTective. After and from the effective date of this Aml;..ndm~nl,lhe Comprehensive Plan { City of Winter Springli Ordinance No. 2003-31 Page J of 4 September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT "B" Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Conullission of the City of Winter Springs, Florida, in a regular meeting assembled 011 the ___ day of _. ) 2003. ATTEST: .... John F. Bush, M~yor -.- Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency "or the City of Winter Springs only: ---. ....~ Anthony A. Garganese, City Attonaey First Reading: Second Reading: Effective Date: F:\~)\CiIJ vf Winler Springs\C)r(\;nantt5\Sm.1l1 Stall: FUJM ZOO)-)l. wpd City Clf Winter Sprin~:; Ordinance No. 2003-31 Pll8< 4 Qf 4 { September 22, 2003 PUBLIC HEARING AGENDA ITEM 405 ORDINANCE 2003-31 EXHIBIT" A" \ ~ \~ \ \ \ \ \ \ ~ ~ ... LEGAL DESCRIPTION LOTS 1 + 2 LEW-JIM SUBD PB 11 PG 38 ATTACHMENT "B" ;. ORDINANCE NO. 2003-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING . 30,234 SQUARE FEET MORE OR LESS AND LOCATED AT 901 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, . . AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM "INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)( c), Florida Statutes; and WHEREAS, the Local Planning Agency ofthe City of Winter Springs held a duly noticed public hearing on August 6,2003, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on 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 adoption to the City Commission; and WHEREAS, the City Commission ofthe City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and City of Winter Springs Ordinance No. 2003-31 Page I of 4 analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs 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 COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand; correct, update, modify and otherwise further the provisions ofthe City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from "Industrial" to "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3 1 87(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code. City of Winter Springs Ordinance No. 2003-31 Page 2 of 4 Section 6. 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 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 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 ofthis Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this 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 and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(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 permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan City of Winter Springs Ordinance No. 2003-31 Page 3 of 4 7 Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of September ,2003. ?~~ r' s to legal form and sufficiency for Winter Springs only: Anthony A. Garganese, City Attorney First Reading: August 25, 2003 Second Reading: September 22, 2003 Effective Date: See Section 9. F:\Docs\City of Winter Springs\Ordinanees\Small Seale FLUM2003-31.wpd City of Winter Springs Ordinance No. 2003-31 Page 4 of 4 ORDINANCE 2003-31 EXHIBIT" A" Location Map LEGAL DESCRIPTION LOTS 1 + 2 LEW -JIM SUBD PB 11 PG 38