HomeMy WebLinkAbout2001 05 02 Regular Item B
PLANNING & ZONING BOARD REGULAR AGENDA ITEM:
B.
AAA AUTO CENTER REZONING REZ- 4-2001
STAFF REPORT:
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."
I. SUMMARY OF APPLICATION:
APPLICANT:
OWNER:
Joseph M. Miranda
1060 Nursery Road
Winter Springs, FL 32708
Joseph M. Mirimda
1060 Nursery Road
Winter Springs, FL 32708
1. REQUEST:
The applicant is requesting a change of Zoning Map designation from (County) A-I
"Agriculture" to the City's T-C "Town Center District".
2. PURPOSE:
To develop the property according to the Town Center Zoning Code and construct a
small auto service facility.
REZ 4-200 I
P &Z Agenda Item B
May 2, 2001
Page 2
A. SITE INfORMATION:
1. PARCEL NUMBER:
20-30-36-502-0000-0010
2. ACREAGE:
1.36 acres
3. GENERAL LOCATION:
The property is located at 1135 State Road 434. The property is located between
State Road 434 and Mohawk Trail. It is across S.R. 434 from City Hall.
4. LEGAL DESCRIPTION:
(See Attachment C)
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property was located in unincorporated Seminole County. The property
owner/applicant has simultaneously submitted for an annexation, small scale land
use amendment and rezoning to construct a small auto service center.
The City hired a consultant, Dover, Kohl & Partners, to prepare an alternative
fayade sketch, floor plan and site layout to assist the property owner in
interpreting the intent of the Town Center design guidelines.
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -200 I
Page 2 of II
P &Z Agenda Item B
May 2, 2001
Page 3
6. DEVELOPMENT TRENDS:
This general area along State Road 434 has developed with several civic and
institutional uses, such as City Hall, Winter Springs High School, the water
treatment plant. The City has finalized the Town Center Future Land Use Map
designation and area and established the Town Center Zoning District.
Developers have been contacting the City with increasing interest now that the
Town Center concept and regulations have been finalized. First groundbreaking
is expected around the intersection of S.R. 434 and Tuskawilla Road with a
grocery store and offices on the former Kingsbury Property at the northwest
corner.
7. EXISTING LAND USES OF SUBJECT PROPERTY:
The property is vacant with tree cover and a driveway cutout.
8. LETTERSIPHONE CALLS IN FAVOR OR OPPOSITION:
None at the time of writing this staff report.
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
Northwest: The entrance road and signage for a residential manufactured home
subdivision, Tuscawilla Trails. There are small vacant lots also to the
north of the subject property.
Southwest: A well-maintained, residential manufactured home subdivision. Locally
known as Tuscawilla Trails. A few of the manufactured home lots are
contiguous to the subject property line.
Northeast: S.R. 434 and City Hall, as well as vacant lands.
PLANNING & ZONING BOARD
May 2, 200 I
REZ-_-2001
Page 3 of II
P&Z Agenda Item B
May 2, 200 I
Page 4
Southeast:
There is one low income single-family residence on a large lot with direct
driveway access onto to S.R. 434.
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing: Seminole County "Office"
Requested: "Town Center"
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
Northwest: Mixed Use
Southwest: Moderate Density Residential (3.6-6.5 DU per acre)
Northeast: Public Building and Mixed Use
Southeast: Seminole County Office
E. ZONING OF SUBJECT PROPERTY:
Existing: (Seminole County) A-I "Agriculture"
Requested: T -C "Town Center District"
F. ZONING ADJACENT TO SUBJECT PROPERTY:
Northwest: R-T/Mobile Home Park District
Southwest: R- T/Mobile Home Park District
Northeast: RC-l/Single Family Dwelling District and C-l/Neighborhood Commercial
District
Southeast: Seminole County Agriculture A-I
PLANNING & ZONING BOARD
May 2, 200 I
REZ- _-2001
Page 4 of Ii
P&Z Agenda Item B
May 2, 2001
Page 5
II. REZONING ANALYSIS:
A. JUSTIFICATION FOR REZONING:
1. The applicant wishes to develop the property according to the new Town Center
regulations i.e. T-C Zoning District.
2. The applicant's proposed rezoning to City Zoning Map designation ofT-C "Town
Center" Zoning District creates and opportunity for employment, which is what
the Concept Plan of the Town Center advocates. The proposed auto center would
create jobs for and provide service to local residents.
B. PUBLIC FACILITIES:
1. ROADSITRAFFIC CIRCULATION:
a. Availability of Access:
Direct access is to State Road 434.
b. Function Classification:
State Road 434 is an urban arterial4-lane east-west roadway.
c. Improvements/expansions (including right-of-wav acquisition) already
programmed or needed as a result of the proposed amendment.
At the time of development of the property, the developer would have to
meet the requirements of the City of Winter Springs Land Development
Code, Chapter 9 and the Town Center District Code, Chapter 20.
2. SANITARY SEWER, SOLID WASTE, STORMW A TER MANAGEMENT,
PLANNING & ZONING BOARD
May 2, 2001
REZ-_-2001
Page 5 of ] I
P&Z Agenda Item B
May 2, 2001
Page 6
POTABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
There is none currently serving the site. However, potable water is
available adjacent to the site.
b. Improvements/expansions needed as a result of proposed amendment:
The developer would tap into the 12 inch water main parallel to State
Road 434 that is adjacent to the subject property.
SANITARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/exoansions needed as a result of proposed amendment:
The developer would extend a line and tap into the 6 inch force main
located 1,500 feet west of the property on State Road 434.
RE-USE WATER SYSTEM:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
Not required. .
DRAINAGE/STORMW A TER:
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -2001
Page 6 of II
P&Z Agenda Item B
May 2, 2001
Page 7
a. Facilities servin~ the site.
None. No structural drainage system.
b. Improvements/expansions needed as a result of proposed amendment:
When the property is developed, it must meet Sec. 9-241 of the City Code
and SJRWMD and other applicable requirements. Post development
runoff cannot exceed pre-development runoff. (Use 25 year, 24 hour storm
event for design). There must be a clearly recorded easement for the
infrastructure. The easement must be definitive for maintenance of
structural facilities.
SOLID WASTE:
a. Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler,
Florida Recycling, until 2006.
b. Improvements/expansions needed as a result of proposed amendment:
None.
3. RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of prooosed amendment:
The proposed use of the property does not involve a residential
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -2001
Page 7 of It
P&Z Agenda Item B
May 2, 2001
Page 8
component; hence there would not be a requirement for recreational
facilities.
4. FIRE:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. The response time would be 4-5 minutes from Fire Station #26.
5. POLICE:
a. Facilities serving the site.
None.
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -2001
Page g of II
P&Z Agenda Item B
April 4, 2001
Page 10
b. Improvements/expansions needed as a result of propOsed amendment:
None. The response time would be 3-4 minutes from the Police Station
located at 300 North Moss Road.
B. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of the proposed use resulting from the change of Zoning Map
designation from (County) A-I "Agriculture" to City T-C "Town Center Zoning District"
to the surrounding properties should be minimal in view of the following:
· The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention or minimization of any potential nuisances.
· The City's development review process includes reference to the development
standards of the St. Johns River Water Management District for stormwater
management and prevention of potential pollution to Lake Jessup. The City's
Comprehensive Plan has regulations that help ensure the protection of Lake Jessup
from development activities.
· The proposed rezoning of the property from county A-I "Agriculture" to City T-C
"Town Center Zoning District" will be compatible with the existing land use of
adjacent properties through the Town Center design standards.
· The adjacent properties to the east are vacant and public buildings and there are no
compatibility issues.
· The property to the southeast is single family residential and is inappropriate for the
Town Center. The property to the southeast would be anticipated to redevelop in the
future to use that is more compatible with the character and density of a Town
Center. Additionally, single-family uses should no longer be permitted to front
directly on S.R. 434 due to classification of the roadway to move traffic through City.
It is not a local residential road and it is designed to accommodate higher speed
traffic volumes.
· The proposed rezoning of the property would act as a transitional use between State
Road 434 and TuskawiUa Trails residential subdivision to the north and west.
PLANNING & ZONING BOARD
May 2, 200 I
REZ-_-2001
Page I of II
P&Z Agenda Item B
April 4, 2001
Page 10
Appropriate buffers would be required consistent with the City's land development
regulations to protect residential lots immediately adjacent to the property.
m. FINDINGS:
· The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention of any potential nuisances.
· The City's development review process includes reference to the development
standards of the St. Johns River Water Management District for stormwater
management and prevention of potential pollution to Lake Jessup. The City's
Comprehensive Plan has regulations that help ensure the protection of Lake Jessup
from development activities.
.
The proposed rezoning of the property from County A-I "Agriculture" to City T-
C "Town Center Zoning District" is compatible with the Future Land Use Map.
STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Planning & Zoning Board
make the following recommendation to the City Commission:
That the City Commission approve the proposed change of zoning from County A-I
"Agriculture" to City T-C "Town Center Zoning District"
ATTACHMENTS:
A. Ordinance # 2001-
B. Location map of subject parcel
C. Legal description of the property
D. Application for Comprehensive Plan Amendment
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -200 I
Page 2 of II
P&Z Agenda Item B
April 4, 2001
Page 10
E. Recommended Layouts for the Property provided by the City's consultant.
PLANNING & ZONING BOARD
May 2, 200 I
REZ- -2001
Page 3 of II
ATTACHMENT A
ORDINANCE 2001-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING
MAP DESIGNATION OF APPROXIMATELY 1.36 ACRES OF
LAND LOCATED AT 1135 S.R. 434 FROM SEMINOLE
COUNTY "OFFICE" TO CITY OF WINTER SPRINGS "T-C
TOWN CENTER" DISTRICT; PURSUANT TO 171.044(1)(2)
AND 166.041 FLORIDA STATUTES; PROVIDING FOR
SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the City is concurrently processing an application for annexation
and a consistent land use amendment for the subject property,
WHEREAS, The Planning & Zoning Board, at its May 2, 2001 meeting,
reviewed the Staff Report, made findings and recommended to the City Commission
approval of the request by Joseph Miranda for a change of Zoning Map designation
from Seminole County "Office" to City T-C "Town Center" District.
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
Ordinance 200 I-
Cily of Winler Springs
1
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, SEMINOLE COUNTY, FLORIDA, HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals.
The foregoing recitals are true and correct - and are fully
incorporated herein as legislative findings of the City Commission of Winter Springs.
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 "Office" to City of
Winter Springs T -C "Town Center" District for the properties legally described and
depicted on Exhibit "A" which is attached and incorporated herein by tIus reference.
Ordinance 200 i-
Cily of Winler Springs
2
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.
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 tlns Ordinance.
Section 5. Effective Date: TIns ordinance shall become effective upon tlle effective
date of Ordinance 2001- _' If Ordinance 2001- _ does not become effective, then tins
Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the
day of
,2001.
PAULP.PARTYKA,MAYOR
Ordinance 2001-
City of Winter Springs
3
AS TO LEGAL FORM AND SUFFICIENCY FOR
THE CITY OF WINTER SPRINGS ONL Y.
ANTHONY GARGANESE, CITY ATTORNEY
ATTEST:
ANDREA LORENZO-LUACES
CITY CLERK
1 ST READING
POSTED
2ND READING AND PUBLIC HEARING
Ordinance 200 I-
Cily of Winler Springs
4
ATTACHMENT B
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MAP OF SURVEY
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Commencing at the most Easterly corner of that part of block "S" of D.R. MITCHELL'S
SURVEY OF THE LEVY GRANT, as recorded in Plat Soak 1, Page 5. in the off1ce of the
Clerk of Circuit CDurt Df SeminDle County. Florida, lying South and West of the paved road
leading frDm Sanford to Oviedo; thence along the Southwesterly side of the paved road
North 38 degrees 45 minutes West 1586.00 feet to a concrete monument for a point
of beginning: thence continuing North 3S degrees 45 minutes West 200.00; thence
South 51 degrees i5 minutes West 29i.30 feet to the SDutheasterly side of a dirt road;
thence South 22 degrees 15 minutes East 20S.80 feet; thence North 51 degrees 15 minutes
East 351.10 feet tD the point of beginning.
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FRANKLIN, MIZO, &: REID
cmL ENCINEERS - LAND SURVEYORS
1368 EAST VINE STREET. KISSIHHEE. Fl 34744
PHONE 846-1216 FAX ~4?~~037
ATTACHMENT C
03/05/2001 17:00
407-331-3187
FL SITE SELECTORS
PAGE 02/02
Exhibit A
Seqinnin9 At the ll\OH.t Easterly COJ."JIez: of that pACt,of BloC:C "eM of
D- R, ~!'t'CtteLL'S SURVEY 01:' TIJl:tEVV GRANT. as reco'4ed. In Plat BOOk. 1,
Page 5, in the office of the Clc~~ of Clrcult CQ~~t of ~~le
County # Florida, lying soutb 4l\d Wont ()f thQ pa~ 1'0ll4 lead Lng ~XOlll
Santol:'d to OV'i.~do; thence along lhll SQuthlJe-~terly Gide of the paved
road NOX"th 39 degrcl!!l& 4S tdnutoG "net i.~QQ.OO !oet. to & concJ:ete IlIOnu=onl:
fat' a point of ~<Jinnin9J thltn<:e cfmt.lnuin9 Norttl 3S dCg'recl$ 45 Jd.run:c:J
Wut 200.00 f~etl thenco South 51 .sogte".. 15 minute:. West. 2~1..30 teet
to the sO\Jthftalite:d.y dde 01 a dirt! re.ad; thonce South 2~ d~rceSl 15
lll1nutas Eil5t 208.60 fo.Q~J t;hancGI Nc)rth, 51 dtlllreeS 1$ mima.tc.5 Eo.st. 3:al.10
faclt to the point ot b4lqinnin9. . .
Less road right of way described in Order of Taking recorded in O.R. Book 2803. Page 1023.
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ATTACHMENT D
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CITY OF WINTER SPRINGS, FLORIDA
..
. 1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
APPLICA nON FOR REZONING
APPLICANT:
/11 !-.J+f'-')It
Last
I'PJ.;?fH ;t{ .
First Middle
W I ~- 5'f P-IJ\J&.J
City
Pt..--
State
s ~ 7Dg
Zip Code
IFll!.:c~ ..
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.Crr-y ~ 2001
C Of: VII /
O"l/})Vfl. 'tvl"€",
Ily 0 "Sp
eVelop F?/tvcs
/})efll
ADDRESS:
10 fa 0
N v P..S E (L '( f-.-!)
PHONE: (tf67) '3 Z. S - 3 >S l
If applicant does not own the property, provide the following:
OWNER:
Last
First
Middle
ADDRESS:
City
State
Zip Code
PHONE:
This is a request for change of zoning designation from
A-I A6-(t~C.lJ1.1\JJI~
to ~wtJ ~ D/ST.1/rTOn the property described below.
Future Land Use Map Classification
Tax Parcel Number:
2..0 3 0 .3"
s-{)~
OO()C)
0010
I'lIRAHDA CK819
ZONING & ANNEXATION
APR ~4 ~0Bl/1:55 P"
!RCPT":91-0971922
!$ 358.B9
Size of Parcel: S9, 572_/1. J &
sq. ft lacres.
Address of Property proposed for change of Zoning Designation:
if! rjf3L/
.
i/3f
S./!.
ADDRESS:
~.{)( tJ'i7t JPf.'-ltv v$"
City
~
State
Jt.- 70 (
Zip Code
Reason( s) and justification( s) for request of change to present zoning designation.
10 CO)'..)~f\.<.,<l )/YLtLll tlNi se'(v~~ fo-c..:r~.
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
*
A copy of the most recent sUlVey of the subject property.
'"
A copy of the legal description.
*
Notarized authorization of the owner (if applicant is other than owner or attorney for
owner).
*
Rezoning Application Fee, which includes:
'"
$ 300 plus $ 25 per acre or portion of acre to be rezoned, plus
Actual cost of public hearing notice printed in newspaper, plus
$ 1.00 for each notification letter to abutting property owner.
'"
'"
*******"'**********"'*********************"'*******"'''''''**'''****"'**"''''*
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is to certify than I am the owner in fee simple of subject lands described above in the Application
for Rezoning.
~. ~t4.
G 1\: OF OwNER
Z~~
Sworn to and subscfibed before me
tIus '5t1-day of MC4.-\ ~
X~l.
Personally Known / .'
v1>roduced Identification /typc of I.D. pc.. (}U~ ~
Did take an oath
Did not take an oath
NOTARY PUBLIC
My Commission expires:
~?,~f ~~<t, w. RICHARD THOREEN
~. ~" .,. j.,'./ (:')MM'S~:".N e) .-,.. ~it.460
~1'DI.~\t)C;-:~J' f~:f";RES: c~: ~ L'~~~ .
l-1JOO.:H>KlT AAY FL NolSly Service .:. 6ond:ng, Inc.
***************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE OF APPLICANT/REPRESENTATIVE OF OWNER
Sworn to and subscribed before me
this_day of
NOTARY PUBLIC
My Commission expires:
_Personally Known
_Produced.Identification /type of1.0.
Did take an oath
Did not take an oath
REZONINGS ARE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. THE
REZONING IS NOT EFFECTIVE UNTIL THE NOTICE AND VOTE REQUIREMENTS OF
166.041 FLORIDA STATUTES HAVE BEEN ACHIEVED.
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Front Facade Facing S.R. 434
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DRAFT
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ATTACHMENT E
This area can be used to
expand parking if desired
Site Plan
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5 February, 2001
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Floor Plans
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