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HomeMy WebLinkAbout2007 05 29 Public Hearing 507 First Reading of Ordinance Number 2007-04 CITY COMMISSION ITEM 507 Consent Information Public Hearin Re ular x May 29. 2007 Meeting /Z-- / Mgr./Dept REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2007-04, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of an 8.8 acre parcel, located on the north side of SR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street from (Seminole County) "Rural-3" to (City of Winter Springs) "Conservation" and (City of Winter Springs) "Commercial" with "Conservation Overlay". PURPOSE: To resolve the fact that the subject property was never subsequently changed to a Winter Springs' land use category after annexation from Seminole County in 2003 and to consider the request of Stan Toledo for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for his property on SR 434, from (Seminole County) "Rural-3" to (City of Winter Springs) "Conservation" and (City of Winter Springs) "Commercial" with "Conservation Overlay". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: ( a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter SDrines Charter Section 4.15 Ordinances in General Winter SDrines Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; I) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or region; 2) Whether the proposed amendment will diminish the level of service (LOS) of public May 29, 2007 City Commission PUBLIC HEARING ITEM 507 facilities; 3) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; 4) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; 5) Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost effective use of or unduly burden public facilities; 6) Whether the amendment is compatible surrounding neighborhoods and land use; Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and 7) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application( s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: July 28.2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission previously annexed the subject property pursuant to Ordinance 2000-36 on Noyember 27, 2000; however, Seminole County and the City of Oviedo challenged the annexation. On July 7, 2003, the circuit court quashed the ordinance and remanded the annexation to the City Commission for further proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court determined that the legal advertisement of the ordinance did not contain a legible map, however the court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted the findings of the circuit court supporting the City's right to annex the subject property, and annexed the subject property on July 28,2003. Feb. 13.2007- Application received for Future Land Use change and Rezoning. Mar. 7.2007- P& Z Board (LPA) heard the request and made recommendation of Adoption. Mar. 26. 2007- City Commission tabled the request, until a meeting could be held with Oviedo and Seminole County to determine the planned use for the adjacent property. May 14.2007- City Commission removed the item from the table, so noticing could commence for a public hearing on May 29,2007. CONSIDERATIONS: Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708 Owner - Stan & Judy Toledo,Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708 May 29, 2007 City Commission PUBLIC HEARING ITEM 507 Parcel Number - 25-20-31-5BA-0000-0190 Acreage - approx. 8.8 acres General Location - The site is located on the north side ofSR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street. Lel!al Description - Lot 19, The Van Arsdale Osbourne Brokerage Co,'s Addition to Black Hammock, plat Book 1, Page 31. Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning and FLUM designations include the following: , ,1 " I I .1Ild t ,,', " "" I Site Neighborhood Commercial with Conservation Overlay Commercial from from (SC) Rural-3 .____.M.___._.__M.____M'_. (SC) A-3 North Agriculture - A-3 Agriculture (SC) Rural-3 (maximum of one dwelling unit per Growing of in Winter Springs 3 acres) (SC) in Winter Springs Ornamentals .__.___._M_._________.__.___._'M South Vacant, Undeveloped A-I (SC) Low Density Residential (SC) East Vacant, Undeveloped A (OV) Low Density Residential (OV) - - West Vacant, Undeveloped (WS) C-I Neighborhood (WS) Commercial Commercial Subject t, p q g(W) q g(W) (W) (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The property immediately west of the subject property was. annexed into Winter Springs in February. The property to the east (in Oviedo) will likely be developed into single family homes at a density of3.5 units/acre. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Rural-3" to Winter Springs "Conservation" and Winter Springs "Commercial" with "Conservation Overlay" is appropriate and compatible with the general character and intensity of traffic in this area. Other properties in Winter Springs in this area have a future land use of commercial, with the exception of Barrington Estates. LetterslPhone Calls In Favor Or Opposition - None to date. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Desimation - The requested future land use map designation has been determined by evaluating the character of the SR 434 arterial corridor, as well as evaluating the land use on other parcels in the City in the general area. Concurrencv - The request for a small scale comprehensive plan amendment which is viewed as a preliminary development order (where no approval for construction is made) is not subject to Concurrency. Concurrency review has been deferred until application for a final development order for the subject property, in accordance with the Concurrency Management System established in the City's Comprehensive Plan. Public Facilities - Access is available from SR 434. SR 434 is classified as an urban arterial. May 29,2007 City Commission PUBLIC HEARING ITEM 507 City sanitary sewer and potable water is currently less than 700 feet from the property. By extending the 12" sewer line, it could continue northward to create a continuous loop to the existing 8" line on the eastern side of Barrington Estates. When the property is developed, post run-off development cannot exceed pre-development run-off. A clear recorded easement for the pipes and swales will be required and must be definitive for maintenance of structural facilities. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that is consistent with the surrounding land uses and objectives for the future of Winter Springs. Most of the SR 434 Corridor has a Commercial land use with single family residential uses behind. The adjacent property to the west is also requesting a land use of Commercial. The nuisance potential of the proposed use resulting from the change of future land use designation from Seminole County "Rural-3" to Winter Springs "Conservation" and Winter Springs "Commercial" with "Conservation Overlay" should be minimal in view of the following: The portion of the site to the north is a vegetated wetland area and will be designated with a future land use of Conservation. In addition, the City has development standards in its land development regulations to minimize impacts on surrounding properties through buffering. The City's land use development regulations and the site plan review process can ensure the prevention or minimization of any potential nuisances. Natural Lands Compatibility - No federally endangered plants are known to exist in the County. However, it is essential that surveys of such species be completed prior to site development of parcels containing native vegetation communities. A wildlife survey of those species designated as endangered, threatened, or species of special concern is required prior to final development approval for this property per Florida Administrative Code. About 75% ofthe site is constrained by wetlands. In addition, the developable portion of the site is bisected by the wetlands. The Applicant seeks to connect the two portions of uplands on the site to reduce the need for two access points off of SR 434. This would impact the wetland areas, but would serve a good transportation objective. Staff supports only minimal impact to the wetlands and desires to see the wetlands ultimately placed in a conservation easement. The wetlands on the north portion of the site will have a Conservation FLU and the south portion of the site will have a Commercial FLU with a Conservation Overlay over it. The designation of a future land use of Commercial to a portion of the site adds value to the site, which otherwise has little development potential. The added value should offset the placement of a portion of the wetlands into conservation. The subject property is overall about twenty-five (25) feet above mean sea level and appears to be outside of the 100-year flood plain. The soils on this property are (09) Bassinger, Delray fine sands; (10) Bassinger, Samsual, and Hontoon soils, depressional; and (20) Myakka and EauGallie fine sands. Fill material will be required to make these soils suitable for most urban uses. Consistency With The Comprehensive Plan - The City's Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor. The City Commission has previously designated other properties on the north side of SR 434 in this area as Commercial. May 29, 2007 City Commission PUBLIC HEARING ITEM 507 FINDINGS: (1) The proposed amendment will have a positive effect on the city's budget when the property is developed. Development into commercial will help to diversify the city's tax base. (2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services (including SR 434) is accommodated. (3) There will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment. Any wetlands impacted will be required to be mitigated through the SJRWMD. The applicant has revised his application to request that a portion of the wetlands be given a future land use of conservation. Staff supports minimal impact to the wetlands and desires to see the wetlands ultimately placed in aconservation easement. The Applicant will be required to comply with the City's Tree Protection and Preservation Code (4) The proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (5) The proposed amendment will resolve the fact that the land use was never subsequently changed to a Winter Springs category after annexation from Seminole County in 2003 and will further enable Winter Springs to provide services in a more efficient manner; (6) The amendment is compatible with the surrounding neighborhoods and land use; SR 434 is an urban arterial roadway and is suited to commercial activity along the frontage. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; the Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor; and (8)The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and will not adversely affect the contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. PLANNING & ZONING BOARD I LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning BoardlLP A on March 7, 2007, the Board! Agency recommended approval of Ordinance 2007-05, with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2007 -04, adopting a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property located on the north side of SR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street from (Seminole County) "Rural-3" [maximum 1 dwelling unit per 3 acres] to (City of Winter Springs) "Conservation" and (City of Winter Springs) "Commercial" with "Conservation Overlay". TENTATIVE IMPLEMENTATION SCHEDULE: May 29,2007- 1st Reading of Ordinance 2007-04 June 7,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) June 25, 2007- 2nd Reading /Adoption of Ordinance 2007-04 May 29,2007 City Commission PUBLIC HEARING ITEM 507 ATTACHMENTS: A- Application B- Excerpt from LP A Minutes, March 7, 2007 C- Excerpt from CC Minutes, March 26 & May 14, 2007 D- Ordinance 2007-04 including Map & Legal Description E- Current Future Land Use Map, May 2007 F- Proposed Future Land Use Map, May 2007 G- Oviedo Letter of Comment- May 11, 2007, as requested H- Response to Oviedo letter- Winter Springs Codes related to alcohol, buffers and setbacks CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 1! ~ ~ ~ ~~ i$ ....~ ~ . .,,~ ~;" ~# \.~ ...; ~ ,-- ~ ~ ~ ~ ~ 1, 1, ~~ APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT MAILING ADDRESS: -,; leda . S tA.n LIlt. Fint I' ..,. " 5ene.CA.. 'Blvd. Wi'nt~r~'. FL C' , S ity .fi'7 - q77 - '" 70 , Middle APPLICANT: 32..708 Zip Code PHONE: If Applicant docl NOT own the property: PROPERTY OWNER: LIlt Fint Middle MAILING ADDRESS: City State Zip CocIc PHONE: This request is for the property descn'bed below: PROPERTY ADDRESS: ~e r~e.. tin ~t.U ~ ;S/f TAX PARCEL NUMBER: ;ts -~e) -31'" 5"a.,\.- CJDOO -0 (qo SIZE OF PARCEL: 3 B 8. 087 S~ 8.8 Ae SquuW Feet J ...I I ACI'I\ ExistinaLandUse: J:1,....:,.. {iura tJn~'Dbe.4 - f"'" Current FUnJRE LAND USE Classification: . REQUEST for a Chanae to City of Winter Sprinas ~RE LAND USE Cl8llification: C~un f'h e.n;i~ i' ~,1St(,/.J,~'t-' WIC""'1$t,-,,"'A::iill"J ~..'erI4'::t 4.,;c1eplc.:t~ e,..1 A."/fa.c;I,"'t"n"t .,- ~ aJAi I Please state the reasons or justifiCll\ion for your Comprehensive Plan Amendment (Future ~~ i '1 Land Use Chanae): e....c -?J\t'b\O ~iJl~\e ~A.IN\~ ~ ~!J iJ.bl( e, /J.."f/t f7~ n\ UlJr'fl.. .t.dr ~ is Cu~re.icJ If you arc requestina an Amendment to the GOall, Objectives, "Policies of the City's Comprehensive Plan, set forth the proposed Amendment in detail and provide supporting documentation. Current ZONING Classification: -A, 'Ii c &...J ltlJ r~ MWl3lO5 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ...................................~.................................................. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Comprehensive Plan Amendment: Signature of Owner Sworn to and SUbS~ before me this -. ~ !:' day of eU-l'tf 20...c:.L./ ~ i\. cnyret J8CICIOn . ~ . ~ CommiIIion DD28NOS '\~ ';.I Expires March 02. 2001 )( . Personally Known Produced Identification: (Type) 1;),. \ v~ t'~ L:c 'E' ~~ Did take an Oath Did Not take and Oath ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, do hereby, with my notarized signature, allow to represent me in the change ofland use of my property. The property is identified as: Tax Parcel Number(s) Located at and as further identified on the Metes and Bounds description provided with this Application. Signature ofOwner(s) Sworn to and subscribed before me this day of 20_, Notary Public My Commission expires: Personally Known Produced 10: (Type) Did take an Oath Did Not take and Oath 3 March 200S By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application, ...................................................................................... FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY: This, is to certify that I am the Owner in fee simple of subject lands descnDed within this Application for Comprehensive Plan Amendment: ~_I~ x: Personally Known Produce~t.!fication: L' (Type) \ ~ ... A...A ,~ ~ Did take an Oath Did Not take and Oath 0~.o~~~ Notary Public . My Commission expires: ~ ~ 'fllll.IM " · Mot ComrnlItIan \OI~ .... Mln:h02.O::- Sworn to and subs~ed before me this ~dayof 'D.kl{ 20-6Lj ...................................................................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY: I, do hereby, with my notarized signature. allow to represent me in the change of land use of my property. The property is identified as: Tax Parcel Number(s) Located at and as further identified on the Metes and Bounds description provided with this Application. Signature ofOwner(s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced 10: (Type) Did take an Oath Did Not take and Oath 3 Ma1dt 2005 ATTACHMENT CONSERVATION COMMERCIAL WITH CONSERVATION OVERLAY ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 4 OF 11 Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked the Board Members to consider his neighborhood and noted he was opposed to a multi-story building. Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: as the owner of one of the parcels, Mr. Toledo said he was in favor of Commercial Zoning and suggested it would minimize traffic issues and recommended a forty foot (40') easement. Discussion. Chairman Poe closed the "Public Input" portion of the Agenda Item. "I AM GOING TO MAKE A MOTION TO APPROVE THE [AGENDA] ITEM '201' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VICE CHAIRPERSON TILLIS SAID, "WE OUGHT TO STRESS TO THE [CITY] COMMISSION AS PART OF OUR RECOMMENDATION THAT THEY DO NEED TO BE SENSITIVE TO WHAT TYPE OF COMMERCIAL DEVELOPMENT GOES IN THERE AND IT'S APPEARANCE AND DO BE SENSITIVE TO THE RESIDENTIAL NEIGHBORS THAT ARE CLOSE." VOTE: BOARD MEMBER BROWN: AYE BOARDMEMBERKARR: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning BoardILocal Planning Agency Hold A Public Hearing For Ordinance 2007-04, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of State Road 434, East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street From (Seminole County) "Rural-3" To (City Of Winter Springs) "Commercial". Ms. Sahlstrom presented this Agenda Item and said, "Staff believes that this Application to change this property to Commercial Land Use is appropriate." Ms. Sahlstrom also stated, "Staff also supports the preservation of the wetlands." A PowerPoint presentation was displayed to show the property site. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MARCH 7, 2007 PAGE 5 OF 11 Discussion. Tape IISide B Chairman Poe opened the "Public Input" portion of the Agenda Item. Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: as the previous landowner of this property, Mr. Minter spoke briefly to the Board Members and indicated that he was in favor of this Land Use change. Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: briefly spoke to the Board Members on the Zoning. Chairman Poe closed the "Public Input" portion of the Agenda Item. Discussion. "I WOULD LIKE TO MAKE THE MOTION THAT THE PLANNING AND ZONING BOARD - RECOMMEND APPROVAL OF TIDS ORDINANCE [NUMBER) 2007-04 ADOPTING A SMALL SCALE F:tUM [FUTURE LAND USE MAP) AMENDMENT CHANGING THE FUTURE LAND USE MAP (FLUM) DESIGNATION OF AN 8.8 ACRE PARCEL LOCATED ON THE NORTH SIDE OF STATE ROAD 434 EAST OF THE ENTRANCE TO BARRINGTON ESTATES AND SIX HUNDRED FEET (600') WEST OF DELEON STREET FROM SEMINOLE COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARDMEMBERKARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 26, 2007 PAGE 19 OF 26 Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs. Florida: as a resident of Barrington Estates, Mr. Voorberg commented on lack of adequate parking for a two (2) story structure. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE ITEM '501'." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Attorney Garganese said, "On these last two (2) items, do you want us to go back and possibly pose a third item on the next go-around and Development Agreement regarding the SR (State Road) 434 guidelines, and the height?" Commissioner Brown stated, "1 think so." Mayor Bush remarked, "The hei;ht seems to be a major issue." Commissioner Krebs commented, "Yes." Deputy Mayor McGinnis added, "Yes." Mayor Bush summarized, "We have Consensus." .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS WERE HANDLED CONCURRENTLY, AS DOCUMENTED. ++ PUBLIC HEARINGS PUBLIC HEARINGS 502. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance Number 2007-04, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' West Of DeLeon Street From (Seminole County) . "Rural-3" To (City Of Winter Springs) "Conservation" And (City Of Winter Springs) "Commercial" With "Conservation Overlay". CITY OF WINTER SPRINGS. FWRlDA MINUTES CITY COMMISSION REGULAR MEETING - MARCH 26.2007 PAGE 20 OF 26 PUBUC HEARINGS 503. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading On Ordinance Number 2007-05 Which Rezones 8.8 Acres (More Or Less), Loeated On The North Side Of SR (State Road 434 Eut or The Entrance To Barrington Estates And 600' West or DeLeon Street, From (Seminole County) "A-3" Agricultural To (Winter Springs) "C-l Neighborhood Commercial". "I WOULD LIKE TO MAKE A MOTION THAT WE TABLE '502' AND '503'- UNTIL THE FIRST COMMISSION MEETING AFTER WE MEET WITH THE COUNTY AND OVIEDO." MOTION BY COMMISSIONER MILLER. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE CO~SmONERKREBS: AYE COMMlSmONERBROWN: AYE CO~SSIONERGILMORE: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. Manager Mclemore said, "Axe you wanting to do a joint City-County Meeting over this piece of property?" With discussion, Manager McLemore then asked, "How do we get to that point?" Commissioner Miller suggested, "We have a Meeting with them." Furthermore, Commissioner Miller added, "The Mayor is going to go and organize a meeting and point out to - both entities that the City of Winter Springs wants to make certain that whatever it is that we are doing is in consonance with them, if they're interested, and if they are not, then let them tell us that." Mayor Bush noted, "What I would like to recommend - in thinking about this, it is going to very hard to get all of these people together, that we try to have a meeting - with the Managers and the Chair of the Seminole County Commission and the Mayor of Oviedo, and the Managers from the County and Oviedo and of course, Mr. Mclemore and myself - will sit down and have a discussion on this." ATTACHMENT C MEETING ABSTRACT CITY OF WINTER SPRINGS, FLORIDA CITY COMMISSION REGULAR MEETING MONDAY, MAY 14, 2007 - 5:15 P.M. CITY HALL - COMMISSION CHAMBERS 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA Roll Call: Mayor John F. Bush, present Deputy Mayor Sally McGinnis, present Commissioner Robert S. Miller, present Commissioner Rick Brown, present Commissioner Donald A. Gilmore, absent Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, absent Mr. Lockcuff, present City Attorney Anthony A. Garganese, present REGULAR 603. Community Development Department - Planning Division Requests The City Commission Remove From The Table, Mr. Stan Toledo's Request For A Comprehensive Plan Amendment Changing The Future Land Use (Ordinance Number 2007-04) And Rezoning (Ordinance Number 2007-05) Of An 8.8 Acre Parcel, Located On The North Side Of SR (State Road) 434, East Of The Entrance To Barrington Estates And 600' (Feet) West Of DeLeon Street. Mayor Bush stated, "Can we have a Motion to remove from the Table." "SO MOVED." MOTION BY DEPUTY MAYOR McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE DEPUTY MAYOR McGINNIS: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. Mayor Bush stated, "What we need then is a Motion to put this as an Agenda Item for the May 29th, [2007] Meeting as a Public Hearing and First Reading." "SO MOVED." MOTION BY COMMISSIONER KREBS. COMMISSIONER BROWN. DISCUSSION. SECONDED BY VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTYMAYORMcGINNIS: AYE MOTION CARRIED. ATTACHMENT 0 ORDINANCE NO. 2007-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 8.8 ACRES MORE OR LESS GENERALLY LOCATED ALONG WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "CONSERVATION" AND "COMMERCIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS) AS DEPICTED ON EXHIBIT "B"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on March 7, 2007, in accordance with the procedures in Chapter 163, Part n, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment 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 approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Ordinance No. 2007-04 Page 1 of 3 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. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from Seminole County "Rural-3" to City of Winter Springs "Conservation" and "Commercial" with "Conservation Overlay" (on those affected areas), as depicted on Exhibit "B." Exhibits "A" and "B" are attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with section 163.3187 (4), Florida Statutes, and Section 9J -11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, orparts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this City of Winter Springs Ordinance No. 2007-04 Page 2 of 3 Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. 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. 2007-04 Page 3 of 3 EXHIBIT 'A' Legal Description: Lot 19 (less road) The Van Arnsdale Osborne Brokerage Co.'s Addition to Black Hammock, Plat Book 1, Page 31 EXHIBIT' A' ORDINANCE 2007-14 EXHIBIT 'B' CONSERVATION AREA DEFINED ATTACHMENT E CURRENT FUTURE LAND USE, MAY 2007 ATTACHMENT F PROPOSED FUTURE LAND USE MAY 2007 ATTACHMENT G Oviedo FLORIDA 400 ALEXANDRIA BOULEVARD. OVIEDO. FLORIDA32765 May 11.2007 City of Winter Sprlngs ATTN: ,Stevenson. Community Development Director 1126 a Road 434 Winter Springs, Florida 32708 RE: Comprehensive Plan Amendment and Rezoning, approximately 8.8'aer$$.lOcated on the north side of SR 434 east of theenttance to Barrington Estates and 600' ~st of Deleon Street. Applicant: Stan Toledo. Mr. Stevenson, ihe City of Q\riedotJas received the City of Winter SprIngs t'$questto <:QmJ'O$\t 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 pro~sed re~J1ifl ." S~inole County A-a (Agdculture) to Winter Springs 0-1 (Nei~hbbl'hQbd OQmme ,. for pt~rty mentioned 'above (hereafter referred to as the !lsubjecrptOpertf) locatechvithin the City of. WiAter Springs, With that of the surrounding properties located Within the corporate boundary of theGity of Oviedo. Properties within 1.000 feet of the subject property and Ideated Within the. ()itY of Oviedo corporate boundaries are designated as LOR (low Density ResidmtIal) on the CRy's FutUreLarld USe MaP and are Iocat'Eld in the A (Agriculture), R...1 {SIngle r=.nUy Low t~ 1VJ_lym DensftV-}. anellor R;.1A(8ingleFamily Low to Medium Density) zoriingc:fistriots pedhe OitY'sOffldial ~nfng Map. The property a~tting the subject property toh east is located withIn the :City Of OVieclo corporate bOundary and has a future land use designatiOn of LOR (l.;- OEm$ltyRetld,ential)arrd is located Within the A (Agriculture) zoning district. The City is turre.ntIVprOdestlln9 8mn1t\g map amendmen, appDeation for the property abutting the $l,lb.i~ property ~ the.east. Thftzonq 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 z.oning are the following: 1) Does the City of Winter Springs require distance separation of alcoholic beverage licenses from schO'ols. andlor churches? a) Attached is Article V. Section 5.6., Alcoholic Beverages detailing the City of Oviedo's alcoholic beverage regulations. 2) Is there any '001>1 aVaIlable to not allow establishments with gross alcohol sales in excess of 50%1 3) What sort of setback/buffering will be required on this proPerty? 4) What method of nuisance abatement does the City of Wmter Springs provide regarding lighting/glare. 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 Inaocuracies were Identified: 1) Rezoning Analysis #4 Not CeJritrery to the Land U. Pattern ~Illhed ~ytJ1e Q9mp~ive Plan~, the rep()rl :stat.es liThe ma)orltyofpa1fJf1!. em .tb6SQt{th side. of $R 434 ill OvIedo are zoned~R-1 Single Family Residentlar whioh alkJws a maximum of 5.12 dwelling unites peraere;" a. This Is incorrect. The surrounding properties IO_ad within the City of Oviedo are zoned R-1; however, the Low Density Residential Future land use deSignation only aHow, for a maximum ~Jti dwelUng units per acre. 2) Rez.oning Analysis #5 Do.NQt Create Soot Zoning-, the r.eport st.., liihe adjoining properly to the west (Winter.Spiings) has also applied for "()"1 N9ighbomoodCDtilmerciar zarling . featlon and the tiJ,nd at the end of SR 434 (under Seminole County jurisd has a eommerciat:tOf1lng;# 8. T.e land at the endct Se. 434 is right of way and is not considered a parcel of land nor is It subject to the Seminole County Land Development Oode;therefore, there is no commercially zOned land to the east of the subject ptopettyalong the eastlwest section of Sa. 4~. b. Additionally, the' reference to the "adjoining property to the wesriS unclea" seeing as how the properties situated to the west of theslibject property are either in the County or developeaas aarrington Estates (already aDl'l_d R-1A). c. The Subject property'do8S'l'lof adjoin any land designated as commercial. 3) Rezoning An~ysis #11 Not Detrimental to Future Imorovern8{'lt .~ Ad~nt V~nt PlJl~. the report states "'/1& Intent In the zoning of th'8 properly 1$: to fPplya zonIng c1assineBtion for the subject property that is consistent and compatible with the surroundmglemd 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 <:toes not feelth$l 'the proposed future land uset'nap amendment. from Seminole County Rural to Ci~ Of WiMer Springs ~nhrvatlon and Commercial, and proposed rezoning from Seminole County A-3{AgriGullure) to Winter Springs C-1 (Neighborhood Commercial) is not compatible With the surtoundlf\9area. Thank you for the' opportunity for the Ci~ of Oviedo to provide comments. Sincerely, Matt Dorsten, Planner II City of Oviedo DevefopmentServiCes Department, Planning Division 400Al~ndri.Bc>ulevard Oviedo, FL 5765 (4(7) 971-5711. phone (407) 971-5819, fax mdorsten@cityofoviedo.net Enclosure(s) ARTICLE V. SUPPLEMENTARY USE REGULATIONS Sectlon 5.6. AlcoholIc Sevet8l1N. (C) C/a..lflcatlons (H) Outdoor DIsplays Outdoor displays of merchandise or promotional items shall be prohibited. (I) Hours of Operation Convenience stores (Type I and Type II) which are located within two hundred (200) feet of a resldentially.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 conven,ence stores shall be served, by public ~wers 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. (B) 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 ac.co(d~nce with SU,bsectlon 5.6(0), ", '; Issuance. (C) Classifications 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, 30PS). (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. (e) elasslfleat/ona 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, II, III and IV certificates if the application complies with the requirements of Section 5.6, Subsection (E), distance requirements and Article IV, Section 4.11 (A), prohibited uses of this LOC. 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: (!I) Land Use Compatibility and Conformance with this LDC. The proposed facility must conform to the general character of the surrounding area and with this LDC. (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) fe.et 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 Beverage.. (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. (/) Conduct of Business; Maintenance of Premises All businesses holding a certificate under this article shall 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. (I<) 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 ATTACHMENT H Response to Oviedo Letter: Winter Sorin2s City Code related to alcohol.. buffers and setbacks. ALCOHOL: Sec. 3-2. Location of business engaged in sale prohibited near church or school. (a) No business proposing to engage in the sale or serving or allowing the consumption of alcoholic beverages (alcoholic beverages defined as all beverages containing more than one (1) percent of alcohol by weight) shall be allowed to locate within two hundred (200) feet in an airline [a straight line] from any existing church or a public or private school operated for the instruction of minors in the common branches learning, relating to pre-kindergarten through grade 12 with said distance being measured frombuilding to building at their closest points. BUFFERS & SETBACKS: S.R. 434 CORRIDOR OVERLAY DISTRICT Sec. 20-465. Setbacks. (a) No improvement shall be located on any property closer to any property line than the minimum setbacks set forth below: TABLE INSET: Buildings Parking S.R. 434 50 feet 15 feet Collector Street 35 feet 15 feet Internal Street 15 feet 15 feet Side 10 feet 5 feet Rear 10 feet 5 feet Sec. 20-469. Buffers and walls. (a) Buffers: A minimum fifteen (15) foot landscape buffer shall be provided by the developer/property owner abutting the designated right-of-way lines at the time of development order or permit approval. The landscape buffer may be contained within a landscape easement. ... (b) Any developer or property owner proposing a commercial or multi-family development or redevelopment adjacent to a single family zoning district or use shall construct, at the developer's expense, an opaque wall of six (6) feet in height along the full length of the property line between such development or redevelopment and the adjacent single family zoning district or use. A wall shall also be required for a proposed commercial development or redevelopment adjacent to a multi-family zoning district or use, as required above. The wall shall be constructed of concrete block, brick or other durable material (wood not allowed) which is compatible with the surrounding area, and acceptable to the development review committee as to compatibility, design, and compliance with this section and the City Code. ...