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Home My WebLink About2004 02 19 Public Hearings Item C .- <, " .' PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY February 19, 2004 Meeting Consent Information Public Hearine X Reeular ITEM C REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-12 which rezones eight (8) parcels constituting 13 acres (more or less), located along Belle Avenue from "C-2" General Commercial (Winter Springs) to "C-C" Commerce Center (City of Winter Springs). PURPOSE: This is an administrative request to change the zoning designation of eight (8) parcels located on Belle Avenue, from Winter Springs "C-2 General Commercial" to Winter Springs "C-C Commerce Center". The purpose of the request is to revise the zoning designation for those properties whose current existing land uses are in compliance with the allowable uses indicated in the newly created Winter Springs "C-C Commerce Center" zoning category. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166,041. (Procedures fOf adoption of ordinances and resolutions including Rezoning ordinances), Winter Sprines Chartef Section 4,15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprines Section 20-28, States that Rezoning applications shall be presented to the Planning and Zoning Board for their consideration and recommendation to the City Commission. Winter Sprines Section 20-57, 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. Winter Sprines Section 20-102 Cd) Rezonine application~ procedures; standards of review, (The following fourteen (14) standards were recently added to the Code when Sections 20-101 and 20-102 were amended on January 26,2004. These provide detailed standards for reviewing a Rezoning application.) ~ February 19,2004 PUBLIC HEARING AGENDA ITEM C Any party may request consideration for Rezoning by submitting a completed Rezoning Application to the Community Development Department- Planning Division along with the items required to be supplied at the time of application, including payment of any associated fees as established by resolution or ordinance ofthe city commission. After the application is submitted, the planning and zoning board shall review the application at its next regularly scheduled meeting and shall forward its recommendations to the city commission. Subsequent to receiving the recommendations of the planning and zoning board, the city commission shall determine whether it will approve, approve, with conditions, or deny the Rezoning application. 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; (II) 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; Euclid v, Amber Realtv Co, .272 V,S, 365 (1926) (upholdio2: the constitutionality of the principles of zonine), Florida Municipal Home Rule Powers Act. CHRONOLOGY: July 8, 2003- Property Owners Notified by Certified Mail of proposal for Rezoning Aug. 6, 2003- P&Z Board heard the request for Rezoning from "C-2 General Commercial" to "1-1 Light Industrial" and Recommended Approval February 19, 2004 PUBLIC HEARING AGENDA ITEM C Aug. 25, 2003-Commission Tabled Request for 1 st Reading of Ordinance 2003-28. Feb. 9,2004- Commission Approved new "C-C Commerce Center" Zoning District Feb. 10,2004- Property Owners Notified by Certified Mail of proposal for Rezoning Feb. 19,2004- P& Z Board to hear the request and make recommendation to the Commission CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Location - Belle Avenue Site Information - Eight (8) different parcels are included: PARCEL REZONING MAP ID LETTER- "A" Property Address: 1200, 1250, 1260 & 1270 Belle Avenue Property Owner: Baxley, Robert & Annrnarie Owner's Address: 1029 Northern Way; Winter Springs, FL 32708 Property Appraiser Parcel J.D.: 04-21-30-511-0AOO-0070 Property Acreage: 5.0 Property Legal Description: LOT 7 BLK A JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Belle Commerce Ctr. - Divided warehouse bldgs. (food packing, car repair & sales, fabricating, etc.) PARCEL REZONING MAP ID LETTER- "B" Property Address: 1255 Belle Avenue Property Owner: Baxley, Robert W.; C/O United Industries Owner's Address: 1029 Northern Way; Winter Springs, FL 32708 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-0070 Property Acreage: 2.30 Property Legal Description: LOT 7 (LESS N 262 FT) BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Belle Commerce Ctr. - Divided warehouse bldgs. (food packing, car repair & sales, fabricating, etc.) PARCEL REZONING MAP ID LETTER- "D" Property Address: 1255 Belle Avenue Property Owner: Alpert, Jay & Catherine; C/O MZL Partners Owner's Address: P.O. Box 948515; Maitland, FL 32794 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-007A Property Acreage: 2.81 Property Legal Description: N 262 FT OF LOT 7 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Belle Commerce Ctr. East Ph. 1 - Divided warehouse bldgs. (catering, woodworking, beverage distribution, auto broker, flooring, etc.) February 19,2004 PUBLIC HEARING AGENDA ITEM C PARCf-'"'L REZONiNG MAP iD LETTER- "E" Property Address: 1155 Belle Avenue Property Owner: Williams, Clarence M. III Owner's Address: 1155 Belle Avenue; Winter Springs, FL 32708 Property Appraiser Parcel LD.: 04-21-30-511-0BOO-0080 Property Acreage: 1.83 Property Legal Description: N 177 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Weld All, Inc.lTri-County Towing PARCEL REZONING MAP ID LETTER- "G" Property Address: 1145 Belle Avenue Property Owner: Belle Avenue Corporation; Owner's Address: P.O. Box 620818; Oviedo, FL 32662 Property Appraiser Parcel LD.: 04-21-30-511-0BOO-008C Property Acreage: 0.39 Property Legal Description: W 149.35 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: ResidenceN ehicle Repair PARCEL REZONING MAP ID LETTER- "H" Property Address: 1135 Belle Avenue Property Owner: Belle Avenue Corporation; C/O Roger Lonsway Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel LD.: 04-21-30-511-0BOO-008B Property Acreage: 0.23 Property Legal Description: S 113.85 FT OF N 290.85 FT OF LOT 8 (LESS W 149.35 FT + E 209.85 FT) BLK B JOHNSONS POULTRY FARMS PB 6 PG8 Existing Land Use: Auto Repair Warehouse PARCEL REZONING MAP ID LETTER- "I" Property Address: 1125 Belle Avenue Property Owner: Belle A venue Corporation; C/O Roger Lonsway Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel LD.: 04-21-30-511-0BOO-008D Property Acreage: 0.23 Property Legal Description: W 90 FT OF E 209.95 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Single-family residence PARCEL REZONING MAP ill LETTER- "J" Property Address: 1115 Belle Avenue Property Owner: Belle Avenue Corporation Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel LD.: 04-21-30-511-0BOO-008E February 19,2004 PUBLIC HEARING AGENDA ITEM C Property Acreage: Property Legal Description: 0.31 E 119.95 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK BJOHNSONSPOULTRYFARMSPB6PG8 Single-family residence Existing Land Use: Chronology ofSubiect Property - The properties were developed around 1989. Most ofthe properties have been in light or very light industrial use since the area's development. Existing Land Use - The properties are currently in light or very light industrial use. Adjacent existing land uses, zoning and FLUM designations include the following: I Existing Land Uses Current Zoning . F:LUM - I Subject Very Light Industrial C-2 (WS) Industrial (WS) ~QP!!'_tJ~~._______.___.______._____.._._.____._._..__._._.___._._ _..____........__..____....__..._.________________ ________._._____ North Commercial C-2 (WS) Commercial (WS) & -----.--------- ---------------.--------.-------.-- .-....-...----.-.--.---.-------.----.--..---____ ._!!!~~!!.i~..!..i~~L__._______ South Industrial I (Casselberry) Industrial (Casselberry) East -.------~_.-.---_.---.-. .__.__..._______.____m..._____.__..._........_.___. __......_...__.____._...............m.._H.....____._____.___.__. ..._....._.__......______..._...______________ Elementary School & Single Family Residential R-lA (WS) R-lA (WS) Public/Semi Public (WS) Med Density Resdntl (WS) _____.__...m..______. ....________._._____...._____.__.___..._. .__._.......__.__..__.____........_.___....._____..___.._ .__.___...__._.___.____.______._._.__ West Single Family Mobile Homes RMHP (C) (WS) Winter Springs; (SC) Seminole County; (C) Casselberry Med Density Residntl (C) Development Trends - The eight (8) parcels are already developed industrial businesses. No land use changes are currently proposed. The purpose of the Rezoning is to make the zoning of the property consistent with the existing industrial uses and consistent with the adopted Future Land Use Map. Proposed Zoning Classification - The proposed zoning classification change from "C-2 General Commercial" to "C-C Commerce Center" is consistent with the general character of the Belle Avenue area. Letters/Phone Calls In Favor Or Opposition - Property owners have been participants in the creation of the new zoning district and therefore have been supportive of this direction. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (I) 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 and noticing the property owners have been met; (2) Consistent with The Comprehensive Plan- Belle Avenue has developed predominantly as a commerce center with very light industrial uses. Now that the City of Winter Springs has created a new Industrial District, these properties fit best within this new district. These properties have an underlying Future Land Use Map designation of "Industrial" as illustrated in the City's current Comprehensive Plan, and the City's previous Comprehensive Plan 1990-2010, Future Land Use Map February 19, 2004 PUBLIC HEARING AGENDA ITEM C also designated this area as "Industrial". The proposed Rezoning will make the Zoning of the properties consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's 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 Winter Springs "C-2 General Commercial" to "C-C Commerce Center" 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; (6) Does Not Materially Alter the Population Density Pattern- The site is already developed. The proposed Rezoning change does not alter the population density pattern in a manner that would overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure). At this time, no changes are being proposed to the existing development. (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 Necessary- The changes to the "C-2" zoning district adopted in July 2002, necessitate either the Rezoning of the area to a zoning that is compatible with the Industrial Future Land Use or changing the FLU. On February 9,2004, the City Commission approved Ordinance No. 2004-02 creating a new zoning district category called "C-C Commerce Center District". In light of the newly created zoning district, it is the intention ofthe City to rezone those properties whose existing land uses are more compatible with the allowable uses ofthe Winter Springs "C-C Commerce Center District" than that of the Winter Springs "C-2 General Commercial District". Existing uses previously permitted under prior zoning language, which are not permitted under the "C-C Commerce Center" designation, can continue as a non-conforming use under the terms and conditions of the City Code. The "C-C Commerce Center" zoning is compatible with the underlying "Industrial" Future Land Use. (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 of the 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; (11) Not Detrimental to Future Improvement of Adiacent Vacant Property- Most of the surrounding area is developed. (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 February 19, 2004 PUBLIC HEARING AGENDA ITEM C applicable land use regulations adopted by the city; FINDINGS: In analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-12, and make recommendation to the City Commission regarding changing the Zoning classification on the subject properties along Belle Avenue, from "C-2" General Commercial (Winter Springs) to "C-C" Commerce Center (City of Winter Springs). The recommendation should incorporate the Staff's Analysis and Findings, as the basis for adoption of the Rezoning. IMPLEMENTATION SCHEDULE: Feb. 26,2004- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading Mar. 8, 2004- Request to the Commission for I st Reading of Ordinance 2004-12 ATTACHMENTS: A. Ordinance 2004-12 including Map & Legal Description PLANNING & ZONING BOARD RECOMMENDATION: February 19, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE 2004-12 A CITY -IN I TIA TED ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA TION OF EIGHT (8) PA RCELS OF REAL PROPERTY LOCATED ON BELLE A VENUE IN WINTER SPRINGS, FLORIDA, MORE SPECIFlCALL Y DESCRIBED HEREIN, FROM "C-2 GENERAL COMIVIERCIAL" TO "C-C COMMERCE CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND 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 the Planning and Zoning Board's Febmary 19, 2004 meeling; and WHEI~EAS, 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 Splings' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set fOlth 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. City of Winter Springs Ordinance No. 2004-12 Page I of 3 February 19, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A 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. Section 2, Zoning Map Amendment. 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 c1assi fication from "C-2 General Commercial" to "C-C Commerce Center" for the eight (8) parcels of property legally described as follows: Parcel No. 04-21-30-511-0AOO-0070 Parcel No. 04-21-30-5 I 1-0BOO-0070 Parcel No. 04-21-30-5lJ-OBOO-007A Pcu'cel No. 04-21-30-51 I-OBOO-0080 Parcel No. 04-21-30-511-0BOO-008B Parcel No. 04-21-30-511-0BOO-008C Parcel No. 04-21-30-511-0BOO-0080 Parcel No. 04-21-30-511-0BOO-008E Address: 1200 Belle Avenue Address: 1255 Belle Avenue Address: 1255 Belle Avenue Address: 1155 Belle Avenue Address: Belle A venue Address: 1145 Belle Avenue Address: Belle A venue Address: 1220 Belle Avenue City Statl' is hereby directed to promptly amenclthe Ofncial Zoning Map upon the effective date of this Ordinance. Section 3, Repeal of Prior Inconsistent Ordinances Bnd Resolutions, All prior inconsistent ordinances and resolutions adopted by the City Commission, orpalts 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 City ofWinler Springs Ordinance No. 21Xl4-12 Page 2 of 3 February 19,2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A 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 Chalter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of ,2004. 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 A ttomey First Reading: Second Reading: Effective Date: G:\Docs\City of Winlt'r Sl'ring.<\OrdiMoces\Zoning2004-12. wpd7 City ofWinler Springs Ordinance No. 2004-12 Page 3 of 3 February 19, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A EXHIBIT" A" GOLF COURSE ,:A WINTER'SPRJNGS ELEMENTARY SCHOOL ~ B LEGAL DESCRIPTIONS A- PARCEL 10# 04-21-30-511-0AOO-0070; lOT 7 BlK A JOHNSONS POULTRY FARMS PB 6 PG 8 B- PARCEL 10# 04-21-30-511-0BOO-0070; LOT 7 (LESS N 262 FT) BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 0- PARCEL 10# 04-21-30-511-0BOO-007 A; N 262 FT OF lOT 7 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 E- PARCEL 10# 04-21-30-511-0BOO-0080; N 177 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 G- PARCEL 10# 04-21-30-511-0BOO-008C; W 149.35 FT OF S 113.85 FT OF N 290.85 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 H- PARCEL 10# 04-21-30-511-0BOO-008B; S 113.85 FT OF N 290.85 FT OF lOT 8 (lESS W 149.35 FT + E 209.85 FT) BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 1- PARCEL 10# 04-21-30-511-0BOO-0080; W 90 FT OF E 209.95 FT OF S 113.85 FT OF N 290.85 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 J- PARCEL 10# 04-21-30-511-0BOO-008E; E 119.95 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8