HomeMy WebLinkAbout2003 09 22 Public Hearings 407 First Reading - Ordinance 2003-32 Small Scale FLUM Amendment
COMMISSION AGENDA
September 22, 2003
Meeting
Consent
Information
Public Hearine X
Reeular
ITEM 407
MGR.
IDept. Iff
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
Public Hearing 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 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...
Winter Springs Charter Section 4.15 Ordinances in General.
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September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
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 "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-l 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 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 sl Reading by the Commission
Sept.22, 2003-1 sl Reading of Ordinance 2003-32
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 -0000-0340 & 34-20-30-5A W -0000-0330
Acreage - 9.04 Acres
General Location - The site is located at 901 SR 434.
Legal Description - LEG ALL 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
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
City of Winter Springs "C-I Neighborhood Commercial" Zoning District. According to Staff, the
use ofthe site for outdoor storage has been expanding.
Existing Land Uses Zoning FLUM
I
Subject Site Outdoor Storage C-I (WS) Industrial (WS)
and FP &L Easement
----------.. -_._---_._.._---,----~..._,----,-_._-_..._-_._.- ...-...--...-.-.----.-...------...---.--..---.---. --.--.-....-----.--.---...------.-...----...--.------.-.-.-..
North Industrial C-2 (WS) Industrial (WS)
--------.-1----.---......--...-..---..---.....-.........---.-.. ..........----..--.....--..-..--......-.--.....--...-..--.. .-...---..-.....-.....--..---..-----------....--.........
South Single Family Residential R-I (WS) Moderate Density
___._..___..__..___._..._...___....._._~_._.....__.._.._____._...___.....___..___.....___..___....._.nB:~~.~~E!~!.l~~._______._..
East Access for New C-I (WS) & Public/Semi-Public (WS)
Elementary School "I" site
and FP&L Easement A-I (SC) Agricultural (SC)
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.
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
FINDIN GS:
The request is consistent with all applicable goals, objectives and policies ofthe 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 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 unanimously to
Recommend Denial of the change to the City Commission so that the property remain with an
"Industrial" FLUM, based primarily on the request of the property owner.
ST AFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance
2003-32, 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:
Sept. 22, 2003-1 st Reading of Ordinance 2003-32
Oct. 19, 2003-Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission
Oct. 27, 2003- 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:
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
A TT ACHMENT "A"
ATTACHMENT "A"
Plannin2 & Zonin2 Board/LP A Minutes from AU2ust 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 of this Agenda Item.
Mr. Bart Phillips, 7220 Lake Floy Circle, Orlando, Florida: requested the Land Use remain "Industrial".
Ms. Helga Schwarz, 720 Galloway 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 of 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
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT "B"
ATTACHMENT "B"
ORDINANCE NO. 2003-32
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCAI.E FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING TWO (2) PARCELS
TOTALING 9.04 ACRES MORE OR LESS AND LOCATED
BETWEEN STATE ROAD 419 AND OLD SANFORD/OVIEDO
ROAD IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED A.ND LEGALLY DESCRffiED
ON . EXHIBIT "A" ATTACHED HJ!:RETO FROM
"INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING }'OR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
WH E REAS, the future land use map amendment embodied in this Ordinance is a small scale
aUlendment to the City of Winter Springs Comprehensive Plan in accordance with Section
l63.3187(1)(c), Florida Statutes; and
WHEREAS, the Local Planning Agericy of the City of Winter Springs held a duly noticed
public hearing on August 6, 2003, in accordance with the procedures in Chapter 163, Part n, Florida
Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of
staff, citi7.ens, and all interested parlies submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed amendment set forth hereunder and considered findings and advice ofstafT,
citizens, and all interested parties submitling written a.nd oral comments and supporting data and
{
City of Winter Springs
()I'dinance No. 2003-32
Page 1 of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT "B"
analysi!), and after ,complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set 10rth hereunder; and
WHEREAS, the City Commission of the City of Winter Springs hereby find!; that this
Ordi.natl~l:J i~ in the best interests of the public health, safely, 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.
Rec.itals. The Ibregoing recitals are true and correct and arc fully
incorporated herein by this reference.
Sectiol1 2.
Authority, This Ordinance is adopted in compliance with, and pursuant to,
the Local Govemment Comprehensive Planning and Land Development Regulations Aet.
Section 3.
Purpose and Intent. It is hereby declared to be the purpose and intent of this
Ordinance to clari fy, expand, correct, update, modify and otherwise further the provisions 0 rthe 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 herehy amended by designating the
real properly utlpicted on Exhibit<< A" from "Industrial." Lo "Commercial." Exhibit "A" lS attached
hereto and fully incorporated herein by this reference.
Section 5.
Transmittal to the Department of Community Affairs. The City M::l1lager
or his designee is hereby designated to Sigtl a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Department of Community Affairs, in accordance with Section
t ():L~ I 87(1)(c)(4), Florida Statutes, and Section 9J-l1, Florida Administrative Code.
{
<;ily ofWintcr Springs
Ordinance No. 2003-32
PlIgc 2 of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT "B"
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordlnance~ and resolutions adopted by the City Commission. or parts of prior ordina.i1ces
and resolutions in contlict herewith, are hereby repealed to the extent ofthe conflict.
Section 7.
Severability. If any sectlon, 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 ol'the
Comprchensive Plan Amendment adopted!>y this Ordinance, said Amendment shall be incorporated
into the City of Winter Springs' Compn;;hensivc Plan and any section or paragraph number or tetter
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 ell'ecHve
date of this Ordinance ~hal1 lakt: t:rrecl thirty-one (31) days after adoption, in accordance with
Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption ofthls Ordinance, .
then this Ordinance shall become effective at such time Ole Florida Department of Community
Affairs or the Administration Commission issues a tinal ordcr determining the adopted small seale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land llse dependent on this Amendment may be i~~ued or commenced before it haf; hecome
effective. After and from the effective date of this Am.endment, the Comprehensive Plan
{
City of Winter Springs
Ordinance No. 2003-32
Page ~ of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT "B"
Amendment set forth herein shall amend the City of Wint~ Springs' Comprehensive Plan and
become a part of that plan and the Amendments shall have the legal status of thc City of Winter
Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commis~iol1 of the City of Winter Springs, Florida. in a regular
meeting a.c;sembled on the _'_ day of
, 2003.
".
John F. Bush, Mayor
ATTEST:
.', "-
Andrea Lorenzo-Luacest City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Gargane5e, City Attorney
First Reading:
Second Reading:
Effective Date:
1':\o<>\;~\City of Whltc, Sprinl:ll'\Ordinances\SrTUlll Scale J'l,l JM2UU3-32.wpd
{
City of Winter Springs
Ordinance NQ, 2003-32
Page 4 of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT "B"
ORDINANCE 2003-32
EXHIBIT" A"
LEGAL DESCRIPTION
LOTS 1 + 2 LEW -JIM SUBD PB 11 PG 38