HomeMy WebLinkAbout2003 06 23 Public Hearings C Second Reading - Ordinance 2003-15 Rezoning Two Parcels near West SR 434
COMMISSION AGENDA
June 23. 2003
Meeting
Consent
Information
Public Hearine: X
Ree:ular
ITEM C
MGR. ~ IDept. ~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for Second Reading! Adoption of Ordinance 2003-15 to Rezone two parcels equaling
2.22 acres, located at 835 and 895 West SR 434, from "C-2" (County) to "C-2 (City of Winter
Springs).
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 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.
@
June 23, 2003
PUBLIC HEARING AGENDA ITEM C
CHRONOLOGY:
April 28, 2003- Property Owner Notified of Administrative Action
May 01, 2003- Property posted with signage noticing upcoming meetings
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 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 (LP A) ratified their actions from May 7, 2003 meeting.
June 09, 2003- 1st Reading of Ordinance 2003-15
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Ned A. & Thelma M. V oska
Parcel Numbers - 04-21-30-511-0BOO-00I0 & 04-21-30-511-0BOO-0040
Acreage - 1.18 & 1.04 Acres
General Location - The site is located at 835 & 895 WEST SR 434, which is the corner of Belle Avenue
and S.R. 434.
Legal Description -
West Parcel- LOTS 1,2, & 3 (LESS RD) BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8
East Parcel- LOTS 4, 5, & 6 BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8
Chronology ofSubiect Property - The subject property was annexed into the City on June 10, 1991 by
Ordinance 502 and 503.
Existing Land Use - The property is currently used for Commercial use. Adjacent existing land uses,
zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Site Commercial C-2 (SC) Commercial (SC)
--..-.--------..- .__._._..._---_.._-_.__.~,..."_.,,.._-~-,..._._.__..,,_..._. ---.---------.-..--.--.- 1--'---,--,----,_.."..._----------_.._--,_..-
North Commercial C-I (WS) Commercial (WS)
--.--- ----.---.-.-.--....---..-."..-----.--- .--.----------.-.--.-- ---...-----.----....-----
South Commercial I Industrial C-2 (WS) Industrial (WS)
---..--... ._---_.,~_..__.._-~-_..,..._--_....__._._._-_. .----...------.-..,--.--.-- ----.....-----.----------
East Public School R-IA (WS) PublicI Semi-Public (WS)
-- f--'---,,--------- 1----------
West Commercial I Industrial C-l (WS) Industrial (WS)
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
Development Trends - The subject site is already developed as commercial property with the following
uses: car repair, beauty salon, restaurant (previously a meat market), sub shop, & batting cages.
Recently, the restaurant tenant requested a permit to open. Even though the property still was under the
June 23, 2003
PUBLIC HEARING AGENDA ITEM C
County's zoning classification, the applicant was required to meet conditions ofthe S.R. 434 Overlay
District prior to receiving the occupancy permit.
Proposed Zoning Classification - The proposed zoning classification change from Seminole County "C-
2" to Winter Springs "C-2" is consistent with the general character of the area and the site's existing land
uses.
Letters/Phone Calls In Favor Or Opposition - None as of May 30,2003.
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.
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 uses involved and the general character of the area, the request
would not result in any incompatible land uses, including such factors as height, bulk, scale,
intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important.
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 V oska property located at
835 and 895 West SR 434, from "C-2" (County) to "C-2 (City of Winter Springs) and voted
unanimously to recommend it to the City Commission for Public Hearing and Approval.
June 23,2003
PUBLIC HEARING AGENDA ITEM C
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second Reading/Adoption of
Ordinance 2003-15 to change the Zoning Classification on the subject property at 835 and 895 West
SR 434, from "C-2" (County) to "C-2 (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.
IMPLEMENTATION SCHEDULE:
June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel
June 23,2003- 2nd Reading and Adoption of Ordinance 2003-15
ATTACHMENTS:
A. Winter Springs "C-2" Permitted Uses Compared to County "C-2"
B. Ordinance 200):..15 including Map & Legal Description
COMMISSION ACTION:
---
. June 23, 2003
PUBLIC HEARING AGENDA ITEM C
ATTACHMENT "A"
Winter Sprinas "C-2" Permitted Uses (uses permitted in the "C-2" County Zoning are in bold)
1- Any use allowed in C-t Neighborhood Commercial Districts (included below);
2- Automotive sales;
3- Automotive renting and leasing;
4- Automotive tires;
5- Baker, wholesale;
6- Boat sales;
7- Building and plumbing supplies;
8- Bus terminal;
9- Cold storage and frozen food lockers;
10- Convenience markets and stores;
11- Cultural institutions (such as museums and art galleries);
12- Feed stores;
13- Flea markets, open air;
14- Gas, bottled;
15- Grocers, wholesale;
16- Ice, wholesale;
17 - Industrial trade, professional and vocational schools, not involving operations of an industrial
nature;
18- Full service gas stations, as an accessory use to a convenience store and satisfying any distance
requirement established by City Code;
19- Veterinarian and accessory kennels;
20- Laboratories for testing materials and chemical analysis of a non-industrial nature;
21- Lumber and building supplies in an enclosed building or structure;
22- Mobile Home Sales;
23- Movers;
24~ Nurseries, plants, trees; wholesale;
25- Home and general commercial pest control (exterminating) of a non-industrial nature;
26- Printers, commercial;
27 - Public and government services;
28- Recreational vehicles;
29- Swimming pool contractors, equipment storage;
30- Taxicabs;
31- Wholesale meat and produc~ distributors;
32- Minor automotive/boaUmanufactured home service and repair establishments including filling
stations, repair garages and similar non-intense uses), provided that all activity shall be
conducted within a completely enclosed building and there is not outdoor storage of any kind;
33- Radio and television studios and offices.
Winter Sprinas "C-2" Conditional Uses (uses permitted in the "C-2" County Zoning are in bold)
1- Multiple-family residential units;
2- Major automotive/boaUmanufactured home service and repair establishments (including body
repairs and painting and similar heavy type uses);
3- Halfway houses, group homes, and similar uses;
4- Small-scale cabinet makers, furniture assembly, and wood working shops (not to exceed 2,500
Sq. Ft.);
5- Small-scale clothing manufacturing (not to exceed 2,500 Sg. Ft.);
6- Mortuary and funeral homes;
7- Amusement centers (including golf driving ranges, miniature golf courses, billiard halls,
children's play centers and similar uses);
8- Body piercing and tattoo shops.
Winter Sprinas "C-1" Permitted Uses (uses permitted in the "C-2" County Zoning are in bold)
1- Administrative public buildings;
2- Advertising agencies;
3- Alcoholic beverage sales (package);
4- Alcoholic beverage on-premises consumption;
5- Alterations and tailoring;
6- Antique and gift shop;
7- Appliances, sales and service;
8- Artists' studios;
9- Attorneys; ,
10- Automotive accessories sales;
11- Bakery, retail;
12- Bathroom accessories;
13- Bicycles, sales and service;
14- Bookstores, stationery, newsstands;
15- Bookkeepers;
16- Bowling alleys;
17 - Butcher shop, retail only;
18- Carpets, rugs and linoleum;
19- Car wash;
20- Cleaners;
21- Coin dealers;
22- Computers, hardware, and software sales and service;
23- Confectionery and ice cream stores;
24- Dance and music studios;
25- Day nurseries, kindergartens and day care;
26- Drug and sundry stores;
27- Employment agencies;
28- Financial institutions, banks, savings and loan;
29- Florist and gift shops;
30- Mini-mart (convenience store, snack shop and self-service gasoline sales);
31- Furniture, retail, new and used;
32- Grocers, retail; those whose business include and are limited to the retail sale of groceries
including produce, meats and household goods but shall not include the sale of gasoline;
33- Gun shop;
34- Hair and beauty salons (including nail salons);
35- Hardware stores;
36- Health food;
37- Hobby and craft shops;
38- Hospitals and nursing homes;
39- Hypnotists;
40- Ice, retail;
41- Insurance;
42- Interior decorating and draperies;
43- Jewelry stores;
44- Launderettes and laundromats;
45- Libraries;
46- Loan companies;
47- Locksmiths;
48- Luggage shops;
49- Medical clinics and laboratories;
,50- Nurseries, plants, trees, etc., retail;
51- Nursing Homes; .
52- Outdoor advertising signs sales offices;
53- Paint store;
54- Parking garages;
55- Pet shops and grooming;
56- Photographic studios;
57- Physical fitness and health clubs;
58- Places of Religious Worship;
59- Post office;
60- Private clubs and lodges;
61- Professional offices such as lawyers, doctors, accountants, computer software engineers,
architects and similar type offices;
62- Quick printers;
63- Radio and TV broadcasting studios, excluding towers;
64- Radio and TV sales and service;
65- Rental shops;
66- Retirement homes;
67 - Restaurants;
68- Schools, public, private and parochial, service vocational schools (such as cosmetology,
medical and dental assistant's training) requiring no mechanical equipment;
69- Shoe repair shops;
70- Skating rinks;
71- Sporting goods, retail;
72- Swimming pools; sales, service and supplies;
73- Tailoring shops;
74- Taxidermists;
75- Telephone business office and exchanges;
76- Theaters, not drive-ins;
77- Title companies;
78- Tobacco shops;
,79- Toy stores;
,80- Travel agencies;
81- Wearing apparel stores;
Seminole County "C-2" Permitted Uses (Not permitted in Winter Springs' "C-2'J
Hotels and motels.
Marine sales and service.
. Outdoor advertising signs.
Above-store or above-office flats.
Communication towers when camouflage in design.
Dry cleaners utilizing a Perman R308 dry cleaning machine.
Fire Stations.
Watch and clock repair.
June 23, 2003
PUBLIC HEARING AGENDA ITEM C
ATTACHMENT "B"
ORDINANCE NO. 2003-15
ORDINANCE 2003-15
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 835 AND 895 WEST STATE
ROAD 434, WINTER SPRINGS, FLORIDA, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND
FULLY INCORPORATED HEREIN BY THIS REFERENCE,
FROM SEMINOLE COUNTY "C-2" TO CITY OF WINTER
SPRINGS "C-2"; 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
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, Florida,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2003-15
Page 1 of -3
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 "C-2" to City of Winter Springs "C-2" 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,
Re.peal 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 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 of this Ordinance.
Section 5,
Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2003-14 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter, If Ordinance 2003-14 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No, 2003-15
Page 2 of 3
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:\DocsICity o~Winter SpringsIOrdinanceslZoning2003-15. wpd7
City of Winter Springs
Ordinance No, 2003-15
Page 3 of 3
June 23, 2003
PUBLIC HEARING AGENDA ITEM C
EXHIBIT" A"
GOLF COURSE
WINTER SPRINGS
ELEMENTARY SCHOOL '
N
fE
s
LEGAL DESCRIPTION
West Parcel-
LOTS 1,2, & 3 (LESS RD) BLOCKB, JOHNSONS POULTRY FARMS, PB 6 PG 8
East Parcel-
LOTS 4, 5, & 6 BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8
Date: 062303
The following Document was distributed on
06/23/03 by Mr. Ned Voska during Public
Hearings Agenda Item "C".
POULm rAIM.
LlDAL ~ata .. .ID~~~ II or !HI PUStle
umr I : 1M PLAT IIOO~ MamA.
aJ::= or UllJNDLI co .
---- - ---- - ---- --
- -- - ----
-....... - - - - - -
1-
~f~'iJ'5
I I
~ ~'I
. ... I
· 0- '-n 1
~ p.9 '1:1 1
I -- I
II · I
iC
i
~....
77'(17{-cr-t~
I
I
11Ift
.... ,
::/),( OtflL.. t
I
y
III.
1
I....
1;1 "fi
I o"{
t)
)
...
I 1IIf.
t
.
I
1
I
.1
,
PRBPARID FOIt
XED VOSICA
. '2L-1.7/IO
icD7 - -,,0
~.'~ ~lJ
~"" ~