HomeMy WebLinkAbout2004 10 06 Public Hearings Item C
LOCAL PLANNING AGENCY AGENDA
October 6,2004
Meeting
Consent
Information
Public Hearing X
Regular
ITEM C
MGR. IDEPT
Authorization
REQUEST:
The Community Development Department - Planning Division requests that the Local Planning
Agency hold a Public Hearing to consider a Large Scale Comprehensive Plan Amendment
(Ordinance 2004-36) changing the Future Land Use Map designation from "Industrial" to
"Commercial" for six (6) parcels located along US Hwy 17-92.
PURPOSE:
The City of Winter Springs is initiating the request for a Large Scale FLUM Amendment,
changing the Future Land Use Map designation for six (6) parcels along US 17-92, making
them more consistent with the goals, objectives and policies of the Comprehensive Plan
Future Land Use Element.
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 Sprin2:s Charter Section 4.15 Ordinances in General.
@)
October 6, 2004
Public Hearing Item C
Winter Sprinf!s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent:
Section 15-36. Review criteria:
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration ofthe 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:
Sept.2003-Feb.2004- Visioning Exercises and Workshops related to the
City's Commercial and Industrial districts.
July 22, 2004- Property Owner Notified of Administrative Action
July 22,2004- Adjacent property owners within 150' Notified by Certified Mail
July 25,2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing
Aug. 4, 2004- P & Z Board (LP A) recommended Approval of Ord. 2004-36
Aug.12, 2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Aug.23, 2004- 1 st Reading of Ordinance 2004-36 Tabled because additional parcel to be
included
Sept.23, 2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing
Oct. 6, 2004- P & Z Board (LP A) to hear and make recommendation
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Location - Generally along SR 419 and Old Sanford/Oviedo Road
Site Information-
The following six (6) parcels currently have an "Industrial" future land use and are being
considered for this future land use change to "Commercial".
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
1101 17-92 HWY N Winter Springs FL 32708
State ST Bank: & TR CO of CT TR
PO Box 711
Dallas, TX 75221
28-20-30-501-0000-017E
.46
LEG BEG 81.16 FT N 86 DEG 30 MIN E OF SW
COR LOT 18 RUN NELY ON CURVE 135.08 FT N
86 DEG 30 MIN E 140.44 FT S 115 FT S 86 DEG
30 MIN W 205.04 FT TO BEG SPRING
HAMMOCK REPLA T PB 7 PG 96
7-11 Convenience Store wi gas pumps
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Page 2
October 6,2004
Public Hearing Item C
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
No Physical Address (Shepard Road)
Dittmer Properties, INC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 180
.68
LEG PT LOT 18 DESC AS BEG 496.02 FT S 86
DEG 02 MIN 40 SEC W OF NE COR LOT 18 RUN
S 26 DEG 2 MIN 26 SEC W 196.90 FT N 63 DEG
57 MIN 34 SEC W 223.01 FT N 25 DEG 19 MIN 9
SEC E 67.68 FT N 86 DEG 2 MIN 40 SEC E 258.48
FT TO BEG BLK B OAK GROVE PARK PB 7 PG
83
Superior Sheds (Outdoor Display of Commercial
Sheds)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
No Physical Address (Shepard Road)
Dittmer Properties, INC
1006 Shepard RD
Winter Springs, FL 32708
28-20-30-5AS-OBOO-0 17 A
1.23
LEG LOTS 17 + 18 W OF W LI OF LOT 21 BLK C
LEVY GRANT (LESS BEG INT SLY LI LOT 17 &
EL Y LI 17-92 RUN NL YON RD 278.92 FT N 86
DEG 02 MIN 40 SEC E 258.48 FT S 26 DEG 02
MIN 40 SEe E 258.48 FT S 26 DEG 02 MIN 26
SEC W 196.90 FT S 63 DEG 57 MIN 34 SEC E 255
FT S 4 DEG 49 MIN 25 SEC W 204 FT N 66 DEG 9
MIN 31 SEC W 546.73 FT TO BEG) BLK B OAK
GROVE PARK PB 7 PG 83 (1.15 AC)
Superior Sheds (Outdoor Display of Commercial
Sheds)
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel LD.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'D'
Property Address:
Property Owner:
Owner's Address:
1057 17-92 HWY N
Moretti, Richard
7104 Bledsoe Avenue
Orlando, FL 32810
28-20-30-5AS-OBOO-017B
2.50
Property Appraiser Parcel I.D.:
Property Acreage:
Page 3
October 6, 2004
Public Hearing Item C
Property Legal Description:
LEG PT LOTS 17 & 18 BEG S 86 DEG 2, MIN 40
SEC W 327.59 FT & S 4 DEG 49 MIN 25 SEC W
301.54 FT OF NW COR WILD- WOOD RUN S 4
DEG 49 MIN 25 SEC W 204 FT N 66 DEG 9 MIN
31 SEC W 546.73 FT NLY ON RD 211.24 FT S 63
DEG 57 MIN 34 SEC 478.01 FT TO BEG BLK B
OAK GROVE PARK PB 7 PG 83
Gazebo/Shed Manufacturing and Assembly
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
105717-92 HWYN
Moretti, Richard
7104 Bledsoe Avenue
Orlando, FL 32810
28-20-30-5AS-OBOO-0 160
1.0
LEG N 5 FT OF LOT 16 W OF W L1 LOT 21 BLK
C LEVY GRANT BLK B OAK GROVE PARK PB
7 PG 83
Gazebo/Shed Manufacturing and Assembly
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
PARCEL 'F'
Property Address:
Property Owner:
Owner's Address:
61517-92 N Winter Springs, FL 32708
RCJ of Winter Park NO 2 LTD.
301 S Orlando Ave STE 200
Maitland FL, 32708
33-20-30-503-0000-0140
11
LEG LOTS 14 + 15 (LESS ELY 225 FT OF NLY
385 FT OF LOT 15) ENTZMINGER FARMS ADD
NO 3 PB 6 PG 27
Holler Kia- Mitsubishi Dealership
Winter Springs C-2 "General Commercial"
Winter Springs "Industrial"
Winter Springs "Commercial"
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Existing Zoning:
Current Future Land Use:
Proposed Future Land Use:
Chronology of Subiect Property - The properties have been in the City and have been
utilized as they are currently being used, for some time.
Existing Land Uses -The properties currently have the following uses: Auto Sales &
Service, Car Dealership, Convenience Store, and Gazebo/Shed Manufacturing &
Assembling.
Page 4
October 6, 2004
Public Hearing Item C
Adjacent existing land uses, zoning and FLUM designations include the following:
I 1 I'
Existing E,and Uses, Zoning, . FLUM
Subject Sites
Commercial Retail & Light
Manufacturing
Light Manufacturing
C-2 (WS)
C-2 (WS)
Industrial (WS)
North
Industrial (WS)
___~'____'_R_______ __~'_____R___'________.___._.__. _'__'___~_ ______.__._______
South
Auto Sales/Service
C-2 (SC)
Commercial (SC)
...-----.----.-...--.--......--.--.--.--- ......______________....__________..........................H. ............N.N.. ...____.________.___________ ..___.._...._..__..__..___.__..___.........___.__._____._NN
East
Vacant
PUD (WS)
Industrial (WS)
-..--.--.-.---.-------..-.--.- ---------.-----.-.-.-.-.--.-------.--.--.---..-. -.-.---.----- --.---.--------....-------.....-----
West Commercial Retail C-2 (LG) Commercial (LG)
(WS) Winter Springs; (SC) Seminole County; (LG) Longwood
Development Trends - The subject properties have been developed and no changes are
proposed at this time.
Proposed Future Land Use Classification - The proposed future land use map designation
from City of Winter Springs "Industrial" to City of Winter Springs "Commercial" is
compatible with adjacent land uses and consistent with the commercial environment
along the US 17-92 corridor.
Letters/Phone Calls In Favor Or Opposition - Letter received on August 4, 2004, from
Attorney, John C. Englehardt opposing land use change on behalf of property owner
Richard Moretti
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this
application:
Justification for Future Land Use Deshwation - The requested future land use map
designation was determined after numerous visioning exercises and workshops with the
Planning & Zoning Board and City Commission from September 2003 to February 2004.
The designation was determined by evaluating the prevailing character and opportunities
of US 17-92, as well as evaluating the existing land use and future goals and objectives of
the City. The subject properties are developed and not expected to change in the near
future and can continue as non-conforming uses per Code, Section 9-562.
Public Facilities:
ROADS/TRAFFIC CIRCULA nON:
Availability of Access:
Direct access is from US 17-92.
Function Classification: .
US 17-92 is a principal arterial 6-1ane north-south undivided roadway within the City of
Winter Springs with a level of service "D".
Page 5
October 6,2004
Public Hearing Item C
POTABLE WATER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City water.
Improvements/expansions needed as a result of proposed amendment:
None.
SANITARY SEWER:
Facilities serving the parcels:
Parcel A & E are currently serviced by City sewer.
Improvements/expansions needed as a result of proposed amendment:
None.
RE-USE WATER SYSTEM:
Facilities serving the parcels:
None.
Improvements/expansions needed as a result of proposed amendment:
None.
DRAlNAGE/STORMW ATER:
Facilities serving the parcels:
Parcel E is serviced by City stormwater.
Improvements/expansions needed as a result of proposed amendment:
None.
SOLID WASTE:
Facilities serving the parcels:
The City has an exclusive franchise agreement with a solid waste hauler, Waste Services
of Florida, until 2006.
Improvements/expansions needed as a result of proposed amendment:
None.
RECREA nON & OPEN SPACE:
Facilities serving the parcels:
There are no recreation or open space parcels adjacent to the area although the parcels are
serviced by the City's extensive park system.
Improvements/expansions needed as a result of proposed amendment:
None.
FIRE:
"Facilities serving the parcels:
Station 24 on Moss Rd. in Winter Springs is the closest Winter Springs station. Station
17 in Longwood would be first responder as it is slightly closer. Response time would be
less than 5 minutes.
Page 6
October 6,2004
Public Hearing Item C
Improvements/expansions needed as a result of proposed amendment:
None.
POLICE:
Facilities serving the site:
Station on 300 N. Moss Rd. in Winter Springs is the closest Winter Springs station.
Response time would be less than 5 minutes.
Improvements/expansions needed as a result of proposed amendment:
None.
Nuisance Potential Of Proposed Use To SurroundiD!! Land Uses - The nuisance
potential of the proposed use resulting from the change of land use designation from
Industrial to Commercial to the surrounding properties should be minimal in view of the
following:
· The proposed FLUM designation will be more consistent with the surrounding areas
than the current designation. Adjacent County parcels along US 17-92 also have a
Commercial Future Land Use.
· No changes are being proposed on the properties.
Natural Lands Compatibility -
The properties under consideration do not include any conservation areas except Parcel E
which is south of Boat Lake. Parcel E is a car dealership. No further expansion or
redevelopment has been proposed. Therefore, no additional impacts to environmentally
sensitive areas are under consideration.
SOILS
The soils on this property are generally Urban Land.
Source: Soil Survey of Seminole County, Florida published by the Soil Conservation
Service of the U.S. Department of Agriculture
TOPOGRAPHY
The subject property and surrounding area are relatively flat with some drop off (0-12
percent.
FLOOD PRONE AREAS
A portion of Parcel E is located in Flood Zone AE with a base flood elevation of 55.
When the site was developed in the year 2000 this portion of the site was left un
developed. No further impact as a result of the FLU change.
. NATURAL RESOURCES
No further impact.
HISTORIC RESOURCES
None.
Page 7
October 6, 2004
Public Hearing Item C
WILDLIFE
No further impact.
Consistency With The Comprehensive Plan -
The Comprehensive Plan provides the following definitions for Industrial and
Commercial Uses:
lndustrial- The industrial land use category includes both light and heavy industrial uses.
Industrial uses are typically connected with manufacturing, assembly, processing or
storage of products.
Commercial- The commercial land use category consists of a variety of retail and office
uses; such as, medical facilities, shopping centers, restaurants, automobile service
facilities, and similar uses.
The proposed administrative Large Scale Comprehensive Plan Amendment changing the
Winter Springs land use designation of "Industrial" to Winter Springs designation of
"Commercial" is compatible with the historic and proposed use of this area.
FINDINGS:
· The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
· The request is in conformance with the purpose and intent of the City Code and with
all applicable requirements.
· Considering the type and location of uses involved and the general character of the
area, the change of the FLUM designation will not result in any incompatible land
uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage,
dust, lighting, appearance, and other factors deemed important.
· The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of
the Florida Administrative Code, especially related to the protection of off-site and
on-site natural resources.
STAFF RECOMMENDATION:
. Staff recommends that the LP A hold a Public Hearing and recommend Approval to the City
Commission for First Reading/Transmittal Hearing and Adoption of Ordinance 2004-36, a
Large Scale Comprehensive Plan Amendment changing the Future Land Use Map
designation of the six (6) subject properties along US 17-92 from (Winter Springs)
"Industrial" to (City of Winter Springs) "Commercial".
IMPLEMENTATION SCHEDULE:
Oct. 14,2004- Public Noticing in Orlando Sentinel of Transmittal Public Hearing
Oct. 25, 2004- 1 sl Reading! Ttransmittal of (corrected) Ordinance 2004-36
Page 8
October 6, 2004
Public Hearing Item C
Nov. 1,2004- Transmittal to DCA and other agencies
Jan. 24, 2005- Anticipated Adoption (tentative)
ATTACHMENTS:
A. Future Land Use Map, Sept. 2004
B. (corrected) Ordinance 2004-36, with Map & Legal Description
LPA ACTION:
Page 9
October 6, 2004
Public Hearing Item C
ATTACHMENT A
Future Land Use Map, September 2004
LAND USE CLASSIFICATION LEGEND
Rural r^"-'
~~:~I;~~i
Resldentlal t:......... . Industrial
~ ,....:f:l
(I W I A<:IQ Of locol ;':~;!:i:!N
Low Density II
Residential Mixed Use
(1.1 W., 8.:lllUlAcIQ)
Medium Dooslty D Reoreatlon
Residential
(:l.a ou ., 1.0 llU I AcIQ)
II High Density II
Residential Conservation
(I. I W., 21.0 llU lAc"')
Town CQnter Public I Semi.PubHc
District
. Commercial D Greeneway
Interchange
~ Conservation
Overlay
Page 10
October 6,2004
Public Hearing Item C
ATTACHMENT B
(corrected) Ordinance 2004-36, with Map & Legal Description
Page 11
ORDINANCE NO. 2004-36
AN ORDINANCE OF THE CITY OF WINTER SPRINGS,
SEMINOLE COUNTY, FLORIDA, ADOPTING A LARGE
SCALE COMPREHENSIVE PLAN AMENDMENT,
REFERENCED AS LS-CPA-OS-1, PROVIDING FOR THE
AMENDMENT OF THE FUTURE LAND USE MAP BY
DESIGNATING CERTAIN REAL PROPERTY WITHIN THE
CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS
SIX (6) PARCELS OF LAND CONTAINING
APPROXIMATELY 16.87 GROSS ACRES MORE OR LESS
LOCATED GENERALLY ALONG U.S. HIGHWAY 17-92,
MORE PARTICULARLY LEGALLY DESCRIBED HEREIN
IN EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORA TED HEREIN BY THIS REFERENCE, FROM
"INDUSTRIAL" TO "COMMERCIAL"; PROVIDING
ADOPTION OF AMENDMENT TO THE FUTURE LAND USE
MAP; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE
DA TE AND LEGAL STATUS OF THE PLAN AMENDMENT.
WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures in Chapter 163, Part II, 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 Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment (LS-CPA-05-1) to the Florida
Department of Community Affairs for its review and comment; and ~
WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida; and
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2004-36
Page 1 of 3
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, Sections 163.184
and 163.187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent is to adopt the large scale
comprehensive plan amendment (LS-CP A -05-1) designating the subject property from "Industrial"
to "Commercial."
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" as "Industrial" to "Commercial." Exhibit "A" is 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(1 )(c)(4), Florida Statutes, and Section 9J-1 l, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Commission, or parts of 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. Effective Date and Legal Status of the Plan Amendment. The effective date of
the Comprehensive Plan Amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this Amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the Amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status. 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 Amendment shall have the legal status
of the City of Winter Springs' Comprehensive Plan, as amended.
City of Winter Springs
Ordinance No. 2004-36
Page 2 of 3
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 Attorney
First Reading:
Second Reading:
Effective Date:
G:\Lawyer\KWL\City of Winter Springs\Ordinances\2004- 36_LargeScaleFLUM. wpd
City of Winter Springs
Ordinance No. 2004-36
Page 3 of 3
October 6, 2004
Public Hearing Item C
ATTACHMENT B
Ordinance 2004-36, with Map & Legal Description
SUBJECT SITE
~
Parcel A -
Parcel B -
Parcel C -
Parcel 0 -
Parcel E -
Parcel F -
Parcel # 28-20-30-501-0000-0 17E
Parcel # 28-20-30-5AS-OBOO-0180
Parcel # 28-20-30-5AS-OBOO-017 A
Parcel # 28-20-30-5AS-OBOO-017B
Parcel # 28-20-30-5AS-OBOO-0160
Parcel # 33-20-30-503-0000-0140
Page 12