HomeMy WebLinkAbout2003 06 09 Public Hearings J First Reading - Ordinance 2003-15 Rezoning near West SR 434
COMMISSION AGENDA
June 9.2003
Meeting
Consent
Information
Public Hearinl!: X
Reeular
ITEM J
MGR. fL-- /Dept. /~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for first reading 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.
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June 9, 2003
PUBLIC HEARING AGENDA ITEM J
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 (LPA) ratified their actions from May 7,2003 meeting.
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)
M___ ___....~.~.___________._._______.... .,_____..._____....___________._M..___ _.______..._._..________.._.____.....__........._.__._._
North Commercial C-l (WS) Commercial (WS)
-.------ ---------.----.-..-........-.....----- ---------------...-..--..---- ...-....--.....--....-----.........--.--...--.--....-.---.-.-.
South Commercial I Industrial C-2 (WS) Industrial (WS)
---- -.-----...-...--.----.....-..--...--- -.-,---....-......-----..-----.--..---. ...----------..-...-..----.------.......--...-.........-....
East Public School R-IA (WS) Publici Semi-Public (WS)
West
Commercial I Industrial
C-I (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
County's zoning classification, the applicant was required to meet conditions of the S.R. 434 Overlay
District prior to receiving the occupancy permit.
June 9, 2003
PUBLIC HEARING AGENDA ITEM J
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 (LPA) heard the request for Rezoning of the Voska 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.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance
2003-15 to change the Zoning Classification on the subject property at 835 and 895 West SR 434,
June 9,2003
PUBLIC HEARING AGENDA ITEM J
from "C-2" (County) to "C-2 (City of Winter Springs). The Rezoning should incorporate the City
8taffand the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning.
IMPLEMENT ATION SCHEDULE:
June 09, 2003- 151 Reading of Ordinance 2003-15
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. Planning & Zoning Board Minutes from May 7, 2003
B. Ordinance 2003-15 including Map & Legal Description
COMMISSION ACTION:
June 9, 2003
PUBLIC HEARING AGENDA ITEM J
ATTACHMENT "A"
Plannin2 & Zonin2 Board Minutes from Mav 7. 2003
(Minutes from June 4, 2003 will be provided as a supplement when available)
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7, 2003
PAGE 6 OF 9
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VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
"I MOVE THAT WE CHANGE THE ZONING CLASSIFICATION FOR THE
ROBERTS PROPERTY, OF 4.88 ACRES, FROM SEMINOLE COUNTY 'A-I' TO
WINTER SPRINGS 'TOWN CENTER DISTRICT' BECAUSE IT IS
CONSISTENT WITH THE GENERAL CHARACTER OF THE AREA AND THE
SITE'S EXISTING LAND USE AND IS ADJACENT TO THE TOWN CENTER
. .
DISTRICT BOUNDARY." MOTION BY BOARD MEMBER KARR.
SECONDEDED BY BOARD MEMBER FERNANDEZ. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD ME.MBER FERNANDEZ: AYE
BOARDMEMBERKARR: AYE
MOTION CARRIED.
Ms. Sahlstrom presented the "V oska" Property and recommended that the Future Land
Use Map (PLUM) be changed from "Commercial" Seminole County to "Commercial"
Winter Springs and rezoned from "C-2" Seminole County to "C-2" Winter Springs.
Mr. Ned Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: spoke of Permitted
Uses and Conditional Uses.
Discussion.
"I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD PASS
TillS ON TO THE CITY COMMISSION AS A CHANGE IN ZONING FROM
SEl"l'U:l~GLE COUNTY, TIllS IS FOR TIlE VOSKA-PROPERTY, FR6M--
SEMINOLE COUNTY 'C-2' TO WINTER SPRINGS 'C-2' BECAUSE IT IS
CONSISTENT WITH THE GENERAL CHARACTER OF THE AREA AND THE
SITE'S EXISTING LAND USES." MOTION BY BOARD MEMBER KARR.
BOARD MEMBER FERNANDEZ SAID, "WE HAVE BEEN ADVISED BY THE
CITY ATTORNEY THROUGH STAFF PRESENT THAT THE PROPERTY IS
CURRENTLY GRANDFATHERED FOR ITS EXISTING USES INCLUDING
THE MOTOR VEHICLE REPAIR SHOP AND BAKERY OR RESTAURANT.
THAT IT WILL CONTINUE TO BE ALLOWED TO HAVE THAT
DESIGNATION IN CHARACTER OR USE UNLESS IT IS ABANDONED FOR A
PERIOD OF TWELVE (12) CONSECUTIVE MONTHS. FURTHER, THAT THE
PROPERTY CAN BE CONVEYED OR TRANSFERRED, ASSIGNED, OR SOLD ~
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7. 2003
PAGE 7 OF 9
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AND THAT THE NEW PURCHASER WILL BE ALLOWED TO HAVE THE
SAME USES OF THE PROPERTY UNLESS IT IS AGAIN ABANDONED FOR A
TWELVE (12) MONTH PERIOD."
SECONDED BY BOARD MEMBER FERNANDEZ. DISCUSSION.
VOTE:
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
CHAIRMAN BROWN: AYE
MOTION CARRIED.
"I'LL. MAKE A MOTION THAT WE RECOMMEND TO THE CITY
COMMISSION THAT ON THIS SITE NUMBER 4, THE VOSKA PROPERTIES,
LOTS 1-6, BLOCK B, JOHNSON POULTRY FARMS, PLAT BOOK 6, PAGE 8
THAT WE CHANGE THE FUTURE LAND USE MAP (FLUM) DESIGNATION
FROM COUNTY 'COMMERCIAL' TO WINTER SPRINGS 'COMMERCIAL',
AGAIN BASED ON THE FACT THAT IT IS CONSISTENT WITH THE
COMPREHENSIVE PLAN, THAT IT IS COMPATIBLE WITH THE
SURROUNDING USES OF THE PROPERTY, AND THOSE FINDINGS AS
ITERATED ON ROMAN NUMERAL III, PAGE 7 OF THE MATERIALS
PROVIDED TO US AND AGAIN BASED ON THE - OPINION OF THE CITY
ATTORNEY THAT THE PROPERTY IS GRANDFATHERED IN FOR ITS
CURRENT USES UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE
(12) MONTHS AND IT CAN IN FACT BE TRANSFERRED OR SOLD OR
EXCHANGED WITH THE EXISTING USES AGAIN UNLESS IT IS
ABANDONED FOR A PERIOD OF TWELVE (12) MONTHS." MOTION BY
BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR.
DISCUSSION.
VOTE:
BOARD l\fEMBER KARR: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
MOTION CARRIED.
REGULAR
C. Recommendation Regarding Ordinance 2003-17 Repealing Section 20-59. Of
The Winter Springs Code.
Ms Sahlstrom presented this Agenda Item.
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June 9, 2003
PUBLIC HEARING AGENDA ITEM J
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 DE SIGNA TION OF THE REAL PROPERTY
GENERALLY LOCATED AT 835 AND 895 WEST STATE
ROAD 434, WINTER SPRINGS, FLORIDA, LEGALLY
DESCRlBED ON EXHmIT "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.
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.
Section4.
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:\Docs\City of Winter Springs\Ordinances\Zoning2003-15. wpd7
City of Winter Springs
Ordinance No. 2003-15
Page 3 of 3
June 9, 2003
PUBLIC HEARING AGENDA ITEM J
EXHIBIT "A"
GOLF COURSE
WINTER SPRINGS
ELEMENTARY SCHOOL .
N
W*E
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