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Home My WebLink About2006 06 07 Public Hearings Item 203 Ordinance 2006-09 PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 7, 2006 Meeting Consent Information Public Hearine X Reeular ITEM 203 REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2006-09 which rezones 2.85 acres (more or less), located at 1057 U.S. Hwy 17-92 North from "C-2 General Commercial" (Winter Springs) to "1-1 Light Industrial" (City of Winter Springs). PURPOSE: The purpose ofthis request is to consider the request of Richard Moretti for Rezoning of the property at 1057 U.S. Hwy 17-92 North. APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Springs Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances). Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was adopted on December 13, 2004. ( a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning rezoning criteria set forth in this section. @ June 7,2006 PUBLIC HEARING AGENDA ITEM 203 (b) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (c) All rezoning applications shall be reviewed for compliance with the following standards: (1) The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; (2) The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited, to the Future Land Use Map and the proposed change would not have an adverse effect on the comprehensive plan; (3) The proposed rezoning change is consistent with any master plan applicable to the property; (4) The proposed rezoning change is not contrary to the land use pattern established by the city's comprehensive plan; (5) The proposed rezoning change would not create a spot zone prohibited by law. (6) The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; (7) The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan. (8) Changed or changing conditions make the proposed rezoning necessary. (9) The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the proposed rezoning change will not adversely affect property values in the surrounding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement of development of vacant adjacent property; (12) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) The proposed rezoning does not violate any applicable land use regulations adopted by the city; Winter Springs Section 20-57. The planning and zoning board shall serve... to recommend to the city commission the boundaries ofthe 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. Euclid v. Amber Realty Co. .272 U.S. 365 (1926) (upholding the constitutionality ofthe principles of zoning). Florida Municipal Home Rule Powers Act. June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 CHRONOLOGY: Oct 4. 1971- Parcel 28-20-30-5AS-OBOO-017B Annexed into the Village of North Orlando Oct 2. 1979- Parcel 28-20-30-5AS-OBOO-017B Rezoned from "POO" to "Commercial C-2" Julv 14, 1981- Parcel 28-20-30-5AS-OBOO-0160 Annexed into Winter Springs and Rezoned to C-2 Julv 2002- "C-2 General Commercial" Zoning Classification amended and "1-1 Light Industrial" Zoning classification created June 7, 2006- P& Z Board (LP A) to hear the request and made recommendation to the Commission. CONSIDERATIONS: Applicant - City of Winter Springs with Richard Moretti LLC, 7104 Bledsoe Av, Orlando, FL 32810 Owner - Richard Moretti LLC, 7104 Bledsoe Avenue, Orlando, Florida 32810 Parcel Numbers - 28-20-30-5AS-OBOO-017B and 28-20-30-5AS-OBOO-0160 Acreage - approx. 2.85 acres General Location - The site is located at 1057 U.S. 17-92 North, just south of Shepard Rd. Legal Description - 28-20-30-5AS-OBOO-O 160 N 5 FT OF LOT 16 W OF W L1 LOT 21 BLK C LEVY GRANT BLK B OAK GROVE PARK PB 7 PG 83 28-20-30-5AS-OBOO-017B PT LOTS 17 & 18 BEG S 86 DEG 2, MIN 40 SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W 301.54 FT OF NW COR WILD- WOOD RUN S 4 DEG 49 MIN 25 SEC W 204 FT N 66 DEG 9 MIN 31 SEC W 546.73 FT NL YON RD 211.24 FT S 63 DEG 57 MIN 34 SEC 478.01 FT TO BEG BLK B OAK GROVE PARK PB 7 PG 83 Existing Land Use - An existing 10,000 SF steel pre-engineered building was constructed on the property in 1982. Although previously used for auto sales and servicing, the site is currently leased for sales and fabrication of sheds and gazebos. Adiacent existing land uses, zoning and PLUM designations include the following: Existing Land Uses Zoning FLUl\1 Subject Site Wood Shed Fabrication "C-2 General Commercial" "...__.__"....mmm"..........."...".. "...~~_~l.1.!~~m."..".._............... .........00.....00 .{Y.Y~)..".m ..............,,0000.. .00"...._."....... N orth Vacant used for Shed Sales "C-2 General Commercial" "Light Industrial" (WS) "Light Industrial" (WS) South Single Family Residential ..i~~~~y...M!!!~~".~~?~y~~). Vacant (under consideration for Lg Scale FLU Amendment) ...{~~)...".."."".."mm................... "R-l Single Family ...~~~i..~~~!!~!.~.:JQ..Y.)........"m._ "C-2 General Commercial" "Commercial" (SC) (WS) "Light Industrial" (WS) (under consideration for Large Scale FLUM Amendment to "Medium 0000000000..... .....p.~~~.!Y.~~i.~~P.:!i_a.r1...."m" Across US 17-92: "Industrial" (SC) & "Low Density Residential" (SC) East West Across US 17-92: Circle K Convenience Store; Auto Sales/Service Across US 17-92: "C-2 Commercial" (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The property owner currently has the property and 10,000 building leased for June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 Shed Fabrication and Sales. No plans have been submitted for any further development of the site. Letters/Phone Calls In Favor Or Opposition - The City has received one inquiry regarding annexation from the property owner ofthe vacant parcel to the west. No correspondence has been received from anyone opposing the land use change. The property owner wishes that the property have an industrial zoning. Previous to the zoning code rewrite in 2002, which added the "1-1 Light Industrial" classification, and reduced the uses allowed under the existing "C-2 General Commercial", the property was allowed to be used for Light Industrial purposes. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (1) Compliance with Procedural Requirements- The proposed Rezoning change is in compliance with all procedural requirements established by the city code and law; Requirements for advertising the land use action have been met; (2) Consistent with The Comprehensive Plan- The proposed Rezoning change is consistent with the city's comprehensive plan and the proposed change will not have an adverse effect on the comprehensive plan; (3) Consistent with any Master Plan for the property- The property is not part of a Master Plan; (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "C-2 General Commercial" to Winter Springs "1-1 Light Industrial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, because the zoning change is compatible with the surrounding land use designation of "Industrial". (6) Does Not Materiallv Alter the Population Density Pattern- The proposed Rezoning change will have no effect on the population density pattern; (7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed Rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's comprehensive plan; (8) Changed Conditions Make the Proposed Rezoning Necessarv- Previous to the zoning code rewrite in 2002, which added the "1-1 Light Industrial" classification and reduced the uses allowed under the existing "C-2 General Commercial", the property's zoning allowed Light Industrial uses. (9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character ofthe area around the subject property. The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses; June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 (11) Not Detrimental to Future Improvement of Adi acent Vacant Property- The intent in the zoning of the property is to apply a zoning classification for the subject property that is consistent and compatible with the surrounding land uses and which grants the property owner use ofthe property for light industrial uses as previously allowed prior to 2002. Most ofthe surrounding area is developed, except for the property to the east. This property is currently seeking a future land use change from "Industrial" to "Medium Density Residential", but does not oppose the change. (12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (13) Not out of Scale- The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (14) Does Not Violate any City Land Use Regulations- The proposed Rezoning does not violate any applicable land use regulations adopted by the city; FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2006- 09, and make recommendation to the City Commission regarding changing the Zoning classification on the subject property at 1057 US 17-92 from "C-2 General Commercial" (Winter Springs) to "1-1 Light Industrial" (City of Winter Springs). ANTICIPATED IMPLEMENTATION SCHEDULE: June 12, 2006-1st Reading of Ordinance 2006-09 June 14, 2006-Public Noticing in Orlando Sentinel (10 days prior to adoption) June 26, 2006-2nd Reading /Adoption of Ordinance 2006-09 ATTACHMENTS: A- Current Future Land Use Map, May 2006 B- Current Zoning Map, May 2006 C- Proposed Zoning Map, May 2006 D- Ordinance 2006-06 including Map & Legal Description PLANNING & ZONING BOARD I LPA RECOMMENDATION: June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT A Current FUTURE LAND USE MAP May 2006 SUBJECT PROPERTY LAND USE CLASSIFICATION LEGEND D '~~i:~~~~~:~J,s: . Commercial D Low Density ~~~i,~~~~~~ _cr.i Mixed Use Medium Density Residential 1~.13 DL. to!! ~ DU: .~.cre\ . ~~~~~;~.;t Mrei . Conservation Recreation and Open Space II Conservation Overlay Greenway Interchange . Town Center District Industrial Iii I Public! Semi-Public I. . . . · Urban Central :. . .: Business District June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT B Current ZONING MAP May 2006 SUBJECT PROPERTY z(}~\;r\.-(,.( I..ASS=?IC~~.T~C):"; ~."fC":-\'J D ..:'2~,.!.., II,E:L....... f 1 ..~.::},;~~" C-2 .K-lA GID II II R-.:; ,1.>:"""1:','1 II .!:!.." D:~l~..~~ II TC .'''''''''''''''...i.."....''.,b D C-C ...'~1I"'_W:';':'''''' II A'<1\'X. '-,\"'''',,,'-.:i,',,,,,'.oo;;t,,,,''',1!. June 7, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT C Proposed ZONING MAP May 2006 SUBJ.ECT PROPERTY :oxr.:(. CL\.SS:?!CATI01: ::'EG::~;:> D R-G] , '_"'_1.,,","'.'" II ,~:.~.,,_.. D.~~:^,l.;~\.. R.1A GID II Z~:L,,,,. H II R.' ,-",.~.. II ,!.::!... D ,:.:::r::,._ II T-C ,C-,,,'",',,,",,,, ,'>,""',,, I- J,,....::.'_,,,," D c-c -......- .4''*10<_''''..... II A.'<XX .~,~."',....."'"''',,,''''\.. ORDINANCE 2006-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE OFFICIAL ZONING MAP DESIGNATION OF TWO (2) PARCELS OF REAL PROPERTY, CONTAINING 2.85 GROSS ACRES MORE OR LESS, AND GENERALLY LOCATED AT 1057 U.S. HIGHWAY 17-92 NORTH, LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM WINTER SPRINGS "C-2 GENERAL COMMERCIAL" TO WINTER SPRINGS "1-1 INDUSTRIAL;" PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article Vill, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at the Planning and Zoning Board's June 7, 2006 meeting; 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 this ordinance serves a legitimate public purpose; and WHEREAS, the City Commission of the City of Winter Springs, Florida 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: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. City of Winter Springs Ordinance No. 2006-09 Page 1 of 3 Section 2. Zoning Map Amendments. 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 Winter Springs "C-2 General Commercial" to Winter Springs "1-1 Industrial" for the two (2) parcels of property generally located at 1057 U.S. Highway 17-92 North, and legally described in Exhibit" A," attached hereto and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs 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 adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. [SIGNATURE PAGE FOLLOWS] City of Winter Springs Ordinance No. 2006-09 Page 2 of 3 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: City of Winter Springs Ordinance No. 2006-09 Page 3 of 3 ORDINANCE 2006-09 EXHIBIT "A" Parcel No: 28-20-30-5AS-OBOO-0160: N 5 FT OF LOT 16 W OF W L1 LOT 21 BLK C LEVY GRANT BLK B OAK GROVE PARK PB 7 PG 83. Parcel No: 28-20-30-5AS-OBOO-017B: PT LOTS 17 & 18 BEG S 86 DEG 2, MlN 40 SEC W 327.59 FT & S 4 DEG 49 MlN 25 SEC W 301.54 FT OF NW COR WILD- WOOD RUN S 4 DEG 49 MlN 25 SEC W 204 FT N 66 DEG 9 MlN 31 SEC W 546.73 FT NL YON RD 211.24 FT S 63 DEG 57 MlN 34 SEC 478.01 FT TO BEG BLK B OAK GROVE PARK PB 7 PG 83