HomeMy WebLinkAbout2007 05 14 Referenced Under Item 603
Date: May 14, 2007
The attached was referenced during the
discussion of Regular Agenda Item "603" at the
May 14, 2007 City Commission Regular
Meeting.
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FLORIDA
400 ALEXANDRIA BOULEVARD. OVIEDO, FLORIDA 32765
May 11, 2007
City of Winter Springs
A TIN: Randy Stevenson, Community Development Director
1126 East State Road 434
Winter Springs, Florida 32708
RE: Comprehensive Plan Amendment and Rezoning, approximately 8.8 acres located on the
north side of SR 434 east of the entrance to Barrington Estates and 600' west of Deleon
Street. Applicant: Stan Toledo.
Mr. Stevenson,
The City of Oviedo has received the City of Winter Springs request to comment on the issue of
compatibility of the proposed future land use map amendment from Seminole County Rural to
City of Winter Springs Conservation and Commercial, and proposed rezoning from Seminole
County A-3 (Agriculture) to Winter Springs C-1 (Neighborhood Commercial) for property
mentioned above (hereafter referred to as the ~subject property") located within the City of Winter
Springs, with that of the surrounding properties located within the corporate boundary of the City
of Oviedo.
Properties within 1,000 feet of the subject property and located within the City of Oviedo
corporate boundaries are designated as LOR (Low Density Residential) on the City's Future Land
Use Map and are located in the A (Agriculture), R-1 (Single Family Low to Medium Density),
and/or R-1A (Single Family Low to Medium Density) zoning districts per the City's Official Zoning
Map. The property abutting the subject property to the east is located within the City of Oviedo
corporate boundary and has a future land use designation of LOR (Low Density Residential) and
is located within the A (Agriculture) zoning district. The City is currently processing a zoning map
amendment application for the property abutting the subject property to the east. The zoning map
amendment is a request to rezone certain property from A to R-1. The requested zoning map
amendment is currently under review and has not been scheduled for public hearings.
Of primary concern resultant of the proposed change in the future land use and zoning are the
following:
1) Does the City of Winter Springs require distance separation of alcoholic beverage licenses
from schools and/or churches?
a) Attached is Article V, Section 5.6., Alcoholic Beverages detailing the City of Oviedo's
alcoholic beverage regulations.
2) Is there any "tool" available to not allow establishments with gross alcohol sales in excess of
50%?
3) What sort of setback/buffering will be required on this property?
4) What method of nuisance abatement does the City of Winter Springs provide regarding
lightingfglare, garbage removal, garbage container screening, and noise?
5) Traffic distribution/analysis
www.cityofoviedo.net
.
Additionally, upon review of the staff report for this project a few inaccuracies were identified:
1) Rezoning Analysis #4 Not Contrary to the Land Use Pattern Established bv the
Comprehensive Plan~, the report states "The majority of parcels on the south side of SR
434 in Oviedo are zoned "R~ 1 Single Family Residential" which allows a maximum of 5. 12
dwelling unites per acre;"
a. This is incorrect. The surrounding properties located within the City of Oviedo are
zoned R-1; however, the Low Density Residential Future land use designation only
allows for a maximum 3.5 dwelling units per acre.
2) Rezoning Analysis #5 Does Not Create Spot Zoninq-, the report states liThe adjoining
property to the west (Winter Springs) has also applied for "C-1 Neighborhood Commercial"
zoning classification and the land at the end of SR 434 (under Seminole County
jurisdiction) has a commercial zoning;"
a. The land at the end of SR 434 is right of way and is not considered a parcel of land
nor is it subject to the Seminole County Land Development Code; therefore, there
is no commercially zoned land to the east of the subject property along the
easUwest section of SR 434.
b. Additionally, the reference to the "adjoining property to the west" is unclear, seeing
as how the properties situated to the west of the subject property are either in the
County or developed as Barrington Estates (already zoned R-1A).
c. The subject property does not adjoin any land designated as commercial.
3} Rezoning Analysis #11 Not Detrimental to Future Improvement of Adiacent Vacant
Property, the report states "The intent in the zoning of the properly is to apply a zoning
c1ass;fication for the subject property that is consistent and compatible with the
surrounding land uses;"
a. The subject property is not does not adjoin any land designated as commercial.
With respect to the issues identified above, the City of Oviedo does not feel that the proposed
future land use map amendment from Seminole County Rural to City of Winter Springs
Conservation and Commercial, and proposed rezoning from Seminole County A-3 (Agriculture) to
Winter Springs C-1 (Neighborhood Commercial) is not compatible with the surrounding area.
Thank you for the opportunity for the City of Oviedo to provide comments.
Sincerely,
J
/\r
Matt Dorsten, Planner II
City of Oviedo
Development Services Department, Planning Division
400 Alexandria Boulevard
Oviedo, FL 32765
(407) 971-5778, phone
(407) 971-5819, fax
mdorsten@cityofoviedo.net
Enclosure( s)
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
SectIon 5.6. Alcoholic Beverages.
(C) Classifications
(H) Outdoor Displays
Outdoor displays of merchandise or promotional items shall be prohibited.
(/) Hours of Operation
Convenience stores (Type I and Type II) which are located within two hundred (2oo) feet of
a residentially-zoned property shall be closed between the hours of 11:00 p.m. and 6:00
a.m.
(J) Utility Connections
All Type I and Type II convenience stores shall be served by public sewers prior to
occupancy of the building.
Section 5.6. Alcoholic Beverages.
(A) Required
(1) No alcoholic beverages shall be manufactured, distributed or sold within the City,
except by a business holding a valid certificate issued by the City permitting the sale
of such beverages.
(2) Each certificate shall be valid and operative for only the place of business described
in the certificate, and no beverages shall be permitted to be sold except at such place.
(S) Application
(1) A person proposing to manufacture, distribut~, or sell any alcoholic beverages within
the City shall make written application for a City certificate accompanied by evidence
that the applicant holds, or will hold upon issuance" of the certificate, a valid and
current state beverage license.
(2) The application shall be reviewed and issued in accordance with Subsection 5.6{D),
Issuance.
(e) Classlffcatlons
For the purposes of review and approval, there shall be five {5} types of certificates:
(1) Class I, to sell only beer or beer and wine in sealed containers for consumption off
premises (1 APS and 2 APS).
(2) Class II, to sell beer, wine and liquor in sealed containers for consumption off premises
{quota liquor license, 3 PS, 3-APS, 3BPS, 3CPS, 3DPS}.
(3) Class III to sell beer or beer and wine for consumption on the premises and by
package (1-COP, 2-COP).
(4) Class IV to sell beer; wine and liquor by the drink, for consumption only on the
premises, in a bona fide restaurant offering full course meals to one hundred fifty (150)
or more patrons and providing floor space of at least two thousand five hundred
(2,500) square feet, all under a permanent type roof (Series 4-COP-SRX); or to sell
beer, wine and liquor by the drink for consumption only on the premises in bowling
establishments containing twelve (12) or more lanes (4-COP-SBX); or to sell beer,
wine and liquor by the drink for consumption only on the premises at a golf club or
tennis/racquet ball club with not less than ten (10) regulation size courts (Series 11-C
and 11-CX).
(5) Class V to sell beer, wine and liquor for consumption on the premises and by package
(Quota liquor license, series 4-COP); and to sell beer; wine and liquor at certain hotels
Oviedo Land Development Code
V-19
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
Section 5.6. Alcoholic Beverages.
(C) Classlffcatfons
and motels for consumption on the premises and by package (Series 4-COP-S); and
to sell beer, wine and liquor by the drink only, for consumption on the premises at
fraternal and benevolent clubs (Series 11-C).
(D) Issuance
(1) The City Manager, or designee, shall issue class I, /I, III and IV certificates if the
application complies with the requirements of Section 5.6, Subsection (E), distance
requirements and Arlicle IV. Section 4.11 (A), prohibited uses of this LDC. If an
application is denied, the applicant may file a written appeal to the City Council.
(2) The City Council shall consider all applications and may approve, by majority vote, the
issuance of Class V Certificates. In determining whether issuance of the certificate is
in the general welfare of the City, the Council shall consider at least the following:
(~) Land Use Compatibility and Conformance with this LDC.
The proposed facility must conform to the general character of the surrounding
area and with this LOC.
(b) Access and Parking.
The proposed site must have safe and adequate access and sufficient parking.
(c) Existing Number of SImilar Facilities.
There shall be no more'than one (1) Class V certificate issued for every two
thousand five hundred (2,500) residents. .
(E) Distance Requirements
(1) No Class V certificate shall be issued within one thousand (1,000) feet of any location
for which a Class V certificate has already been issued and is in force unless the City
Council finds that such use would be appropriate at the location and approves the
application.
(2) No Class II or V certificate shall be issued to operate a business within one thousand
(1,000) feet of an established church, or within two thousand (2,000) feet of a public
school or private school as defined by F.S. ~ 1002.01, or its successor provision(s).
(3) The distances required in this section shall be measured according to the shortest
distance from property line to property line except for uses located within shopping
centers as permitted by this LDC which uses shall be subject to the provisions of
Subsection 5.6(E}(1} and which distances, within the shopping center; shall be
meas~red by the shortest practicable distance traveled by a pedestrian from the
entrance of the business to the entrance of the other use to which the separation
applies.
(4) Whenever a certificate has been issued for a specific location, and thereafter a church
or school is established, the establishment of the school or church shall not be cause
for revocation of the certificate.
(F) Hours of-Sale
No business holding a certificate under this article shall sell, consume, serve or permit the
service or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 6:00
a.m.
Oviedo land Development Code
V-20
ARTICLE V. SUPPLEMENTARY USE REGULATIONS
Section 5.6. Alcoholic Beverages.
(I<) Revocation
(G) Bona Fide Restaurant or Business Status
In accordance with provisions of this LOC, no certificate may be issued for a bar or cocktail
lounge offering alcoholic beverages for consumption on the premises that is not incidental
to or within a portion of a building used for a bona fide restaurant seating not less than
forty-five (45) patrons. Upon review and approval in accordance with the provisions of this
LOC, a deviation may be granted for the required number of patrons in accordance with the
deviation procedures of this LOC. However; businesses permitted by this LOC on the basis
of deriving no more than forty-nine (49) percent of gross sales from the sale of alcoholic
beverages by the drink incidental to another bona fide business use shall also be permitted
under this article; provided, however, that a deviation to the maximum percentage of gross
sales from the sale of alcoholic beverages shall not be granted.
(H) Compliance with State Licensing Requirements and Regulations
All businesses holding a certificate under this article shall comply with the regulations and
licensing requirements of the state.
(I) Conduct of Business; Maintenance of Premises
All businesses holding a certificate under this article shal,l be conducted in an orderly
manner and not allowed to become a nuisance in any respect; shall be kept in a clean and
sanitary condition; and shall be subject to inspection at all reasonable hours.
(J) Fee
The City Council shall establish by resolution any fees for certificates under this article.
(K) Revocation
Upon cause being shown by competent and substantial evidence, the City Council may
revoke a certificate issued under this article after notice to the business and a public
hearing before the Council if such hearing is requested.
Oviedo land Development Code
V-21