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Home My WebLink About2003 08 25 Public Hearings G First Reading - Ordinance 2003-31 Small Scale FLUM Amendment COMMISSION AGENDA August 11, 2003 Meeting Consent Information Public Hearinl! X Re2ular ITEM G MGR. ~/Dept. I~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for First Reading 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-l 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) : 'TIle 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", ~ August 25,2003 PUBLIC HEARING AGENDA ITEM G 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 LPA 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 I sl Reading by the Commission Aug. 25, 2003-1 sl 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 I FLUM I I Subject Site Commercial C-l (WS) Industrial (WS) North South Vacant C-l (WS) Commercial (WS) ________.___.___.__.___._w.__w._w ..w"__.".......__..'"'_______...__.___..____..,_..''''' __._.__._._........w....".._..._...__._..._...__.._.__....~.__. Industrial C-2 (WS) Industrial (WS) East -~ ----...-..-----..-...--...."-......-..-...-............ .....-........-..--..-----..--.-..-.--.-....-..... -.----........---.-...---...-------.----.----.-.----.-.-. Commercial C-2 (WS) Commercial (WS) West Single Family Mobile RMHP (C) Homes Med Density Residntl (C) (WS) Winter Springs; (SC) Seminole County; (C) Casselberry August 25, 2003 PUBLIC HEARING AGENDA ITEM G 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 August 18,2003. 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 Commission approved Ordinance No. 2002-07 creating a new zoning district category called "I-I 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 detelmined 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. August 25, 2003 PUBLIC HEARING AGENDA ITEM G 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 First Reading of Ordinance 2003-31 to adopt a Small Scale FLUM Amendment by 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_1st 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: August 25, 2003 PUBLIC HEARING AGENDA ITEM G ATTACHMENT "A" Plannin2 & Zonin2 Board Minutes from AU2ust 6. 2003 CITY OF WINTER SPRINGS PARTIAL MINUTES PLANNING AND WNING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 6, 2003 PAGE20F7 .:.(. AGENDA NOTE: WITH CONSENSUS OF THE BOARD, REGULAR AGENDA ITEM "A" WILL BE HEARD BEFORE THE PUBLIC HEARING PORTION OF THE AGENDA. .:..:. V. REGULAR REGULAR A. Applicant Requests That The Planning And Zoning Board Discuss The Proposed Grant Application And Recommend To The City Commission That Staff Submit A Florida Recreation Development Assistance Program Grant For Improvements To The Property. Discussion. "I WOULD LIKE TO MAKE MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND TO THE CITY COMMISSION THAT STAFF SUBMIT A FLORIDA RECREA TION DEVELOPMENT ASSISTANCE PROGRAM GRANT FOR IMPROVEMENTS TO THE PROPERTY". MOTION BY VICE CHAIRPERSON KREBS. SECONDED BY BOARD MEMBER POE. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. 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. c '" )> -n .... 11\ = ~ ~~ I .... I ..J .~ c:::::>> ~ !----j VOTE: VICE CHAIRPERSON KREBS: AYE CHA~NBROWN:AYE BOARD MEMBER KARR: AYE BOARDMEMBERPOE: AYE MOTION CARRIED. CITY OF WINTBR SPRINGS PARTIAL MINUTBS PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 6, 2003 PAGE 3 OF? 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. Discussion. "BETWEEN STATE ROAD 419 AND TIffi 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 IDS POSITION BUT I ALSO LOOK AT THE AREA AND KNOW WHAT USES IT CAN BE PSED 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 v. REGULAR REGULAR B. Rezone Parcels Near State Road 434 And Belle Avenue From "C-2" To ''I-I'' For Compliance With Future Land Use Map [FLUM]. Discussion. Tape IISide B Further discussion. JfJ c '" )> -n -t ~' ~ P:J I-CJ :;:cI ~ -d ~ t:::J August 25, 2003 PUBLIC HEARING AGENDA ITEM G ATTACHMENT "B" ORDINANCE NO. 2003-31 AN ORDINANCE OF THE CITY COMMISSION Of' THE CITY OF WINTER SPRINGS. FLORIDA, ADOPTING A SMALL SCALE FI,UM AMENDMENT BY CHANGING THF. FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOT AI .TNG 30,234 SQUARE FEET MORE OR LESS AND LOCATED AT 901 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND I,RGALLY DESCRIBED ON EXHIBIT "A" ATT AClTED HERETO FROM "INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR THF: REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILIT\'; PROVIDING FOR INCORPORATION INTO THE COMPREHENSJVF. PI.AN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the fulure land use map amcndm cnt embodied in this Ordi nance is a small scale amendment to the City of Winter Springs Comprehensive Plan ill accordance with Section 163.3187(1)(c), Florida Statutes; and WllERt;AS, the Local Planning Agency oflhe City of Winter Springs held a duly noticed public hearing on August 6, 2003, in accon.lanct: with the procedures in Chapter 163, Part n, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, aud all interested parties 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 hcaring on the proposed amemlment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and or411 conunents and supporting data and City 111' WintLT Springs Ordinance No. 2003-31 Page 1 of 4 !nt ~y: ~HOWNJ~ALlMAN,WEISS&GARGANESEj 407 425 9596j Aug-14-03 11 :23AMj Page 3/5 analy~is, and after c01"npletc deliberation, hereby approves and ~dopts the Comprehensive Plan ,Amendment set forth hereunder; and WHERF.AS~ the City Commission of the City of Winter Springs herehy finds that this Ordinance is in the best interests of lhe public ht:alth, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISS)()N OF THR CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOI.LOWS: SectioRI. Recitals. The toregoing 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 J .ocal Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Iutent. It is hereby doc lared to be the purpose and intent of this Oruinance to dari fy, expal1d~ correct, update, modi fy and otherwise further the provision!::: 0 fthe 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 amt:nded hy deslgnating the real property depicted 011 Exhibit. "A~' .rom "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 (.)r 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 163.3187(l)(c)(4), Florida Statutes, and Section 91-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2003-31 11age 2 of 4 !n~ ~y; ~HUWN,tiALLMAN,Wtl~8&GAHGANESEj 407 425 9596; Aug - 1 4 - 03 11; 24AM; Page 4/5 Section 6. Repeal of Prior Inconsistent Ordinances nnd Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewi1h, are bereby repealed 10 the extent ofthe conflict. Section 7. Severability. If any section, subs~ction, sentence, clause, phrase, word or provision of this Ordinance is for any reason held i.nvalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural. or any other reason, such portion shan be deemed a scparatc~ distinct and independent provision, and such holding shall not afT~t lhe validity of the remaining portions of this Ordinance. Section 8. Incorporatiun into c.;omprehensive Plan. Upon the effective date orthe Comprehensive Plan Amendment adopted by this Ordinlllice, said Am(;ndTll~nl shall be incorporated into the City of Winter Springs' Comprehensive Plem and any section or paragraph number or letter and any heading may be changed or modified as l1~essary to effectuate the foregoing. Section 9. Effecttve 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 163.31 87(3)(c), unless challenged wlthin thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time the Florida Department or O.1mmullity Affairs or the Administration Conmussion 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 ur this Arm;ndmenl, the Comprehensive Plan City of Winter Springs Ordinance No. 2003-31 Page 3 of 4 t>ern tly; tlI1VVVI'I.l:iALLMAI'I.VVt:ll:il:i&UAI1\iANt:l:it:j 4U( 4<!:> Y:>!:Itlj Aug-14-U~ 11:24AMj Page 5/5 Amendment set forth herein shall amend lhe 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 Conuuission of lhe City of Winter Springs, Florida. in a regular meeting assembled on the ___ day of ,2003. ATTEST: John F. Bush, Mayor Andrea Loreazo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attomey First Reading: Second Reading: Errective Date: F:\Ooc)\Cily "f Willlt:r Springs\OTdinlU1CC$\Sm.,U Scalr I'LlJM2IXn-31,wpd City of Winter Sprin~:; Ordinance No. 2003-31 Pll8~ 4 Qf 4 ~. ORDINANCE 2003-31 EXHIBIT "A" \ t ~ : \ ~ " \ \ \ \ \ \ LEGAL DESCRIPTION LOTS 1 + 2 LEW-]IM SUBD PB 11 PG 38