HomeMy WebLinkAbout2003 09 22 Public Hearings 405 Second Reading - Ordinance 2003-31 Small Scale FLUM Amendment
COMMISSION AGENDA
September 22, 2003
Meeting
Consent
Information
Public Hearin2 X
Rej:!ular
ITEM 405
MGR. ~
/Dept. / ~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for Second Reading/Adoption of Ordinance 2003-31 adopting a Small Scale FLUM
Amendment changing the Future Land Use Map designation of one (1) parcel located at 901 SR 434
(comer of Belle Avenue) from "Industrial" to "Commercial".
PURPOSE:
The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for a parcel along SR 434 that has an existing Commercial land
use and is in the "C-I Neighborhood Commercial" district. The current "Industrial" FLUM
designation does not fit the current use and is not appropriate for businesses which front along SR
434 and does not fit with the rest of the SR 434 corridor.
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.
(c) Any local government comprehensive plan amendments directly related to proposed small scale
development activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan...
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
(3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a
parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the
clerk of the governing body to notify by mail each real property owner whose land the municipality will
redesignate by enactment of the ordinance...
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September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "A"
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs 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 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 23, 2003- Property Owner Notified by Certified Mail
Aug. 6, 2003- Planning and Zoning Board heard the request for Small Scale Comprehensive Plan
Amendment FLUM change and Recommended Approval
Aug. 17, 2003-Public Noticing in Orlando Sentinel for 1st Reading by the Commission
Aug. 25, 2003-1 st Reading of Ordinance 2003-28
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Numismatic Financial Corp
Parcel Number - 04-21-30-501-0000-0010
Acreage - .694 Acres
General Location - The site is located at 901 SR 434.
Legal Description - LOTS 1 + 2 LEW-JIM SUBD PB 11 PG 380TS 13 & 14 TUSKA WILLA, PB 1 PG 5
Existing Land Use - The property is currently in Retail Commercial use as a Retail Coin Dealer.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Site Commercial C-I (WS) Industrial (WS)
---------- ____w.____.._.._.M....___._.__...._..._._._. _._._.___.M.____._.____._________.___.__. ...----.--.----.-------.------
North Vacant C-I (WS) Commercial (WS)
----. ._-------,-,,----,._-,-- __'M -- ,.--------
South Industrial C-2 (WS) Industrial (WS)
---- -----.--.-.---.-.--...--,--....-..---.-- --.--.---.---.---.--- ._-------------
East Commercial C-2 (WS) Commercial (WS)
-----.-.----.---...--.- .---------------- ._---
West Single Family Mobile RMHP (C) Med Density Residntl (C)
Homes
(WS) Winter Springs; (SC) Seminole County; (C) Casselberry
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
A TT ACHMENT "A"
Development Trends - The parcel has been developed and no changes are proposed. The purpose of
the request is to make the parcel's FLUM more consistent with the other retail parcels along the SR
434 corridor.
Proposed Future Land Use Classification - The proposed future land use map designation from Winter
Springs "Industrial" to Winter Springs "Commercial" is appropriate and compatible with the general
character of the SR 434 area.
Letters/Phone Calls In Favor Or Opposition - No phone calls have been received on this item as of
September 3, 2003.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
Justification for Future Land Use Designation - On July 8,2002, the City Co111I1i.ission approved
Ordinance No. 2002-07 creating a new zoning district category called "I-l Light Industrial District".
In addition, this Ordinance amended the list of allowable uses within the "C-2 General Commercial
and Industrial Districts" by modifying the list of general commercial uses and eliminating the list of
industrial uses; and amending the list of permitted conditional, and prohibited uses within the "C-I
Neighborhood Commercial District". In light of the newly created zoning district, it is the intention
of the City to rezone those properties whose existing land uses are more compatible with the
allowable uses of the Winter Springs "I-I Light Industrial District" than that of the Winter Springs
"C-2 General Commercial District". As part of this process, it was determined that the subject
property should retain its current zoning, but the FLUM needed to be amended.
The requested future land use map designation has been determined by evaluating the prevailing
character of the area around the subject property, as well as evaluating the current land use and the
future goals and objectives of the City.
Public Facilities - The site is already developed. At this time, no changes are being proposed to the
existing development. Therefore, the proposed future land use map designation change will have no
impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the Small Scale
Comprehensive Plan Amendment is to apply a Winter Springs future land use designation that
supports the surrounding land uses and objectives for the future of Winter Springs. The requested
future land use designation is compatible with the surrounding areas.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - The request is consistent with the City's
Comprehensive Plan.
FINDINGS:
The request is consistent with all applicable goals, objectives and policies of the City's adopted
Comprehensive Plan.
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
A TT ACHMENT "A"
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 current uses involved and the general character of the area, the
request does not result in creating incompatible land uses, including such factors as height, bulk,
scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important, beyond those existing currently.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of August 6, 2003, the City of Winter Springs Planning & Zoning
Board (LP A) heard the request to adopt a Small Scale FLUM Amendment by changing the Future Land
Use Map designation of the Numismatic Financial Corp. at 901 SR 434 from "Industrial" (City of
Winter Springs) to "Commercial" (City of Winter Springs) and voted unanimously to recommend it to
the City Commission for Public Hearing and Approval.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second Reading /Adoption of
Ordinance 2003-31, adopting a Small Scale Comprehensive Plan Amendment changing the Future
Land Use Map designation on the subject property at 901 SR 434, from "Industrial" (City of Winter
Spriings) to "Commercial" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Aug. 25, 2003-Ist Reading of Ordinance 2003-31
Sept. 11, 2003-Public Noticing in Orlando Sentinel for 2nd Reading/Adoption by the Commission
Sept 22, 2003- 2nd Reading/Adoption of Ordinance
ATTACHMENTS:
A. Planning & Zoning Board Minutes from August 25, 2003
B. Ordinance 2003-31 including Map & Legal Description
COMMISSION ACTION:
I
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "A"
ATTACHMENT "A"
Plannin2 & Zonin2 Board Minutes from AU2ust 6, 2003
IV. PUBLIC HEARINGS
PUBLIC HEARINGS
A. Small Scale Land Use Amendment - 901 West State Road 434 (Corner Of Belle
A venue And State Road 434) From Industrial To Commercial, Equaling 30,234 .
Square Feet.
Discussion.
''MR. CHAIR, I MOVE WE APPROVE ITEM 'A' ON THE AGENDA CAUSING
THE PIECE OF PROPERTY ON BELLE A VENUE AND STATE ROAD 434
FROM INDUSTRIAL TO COMMERCIAL." MOTION BY BOARD MEMBER
POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRPERsON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEl\1BER KARR: AYE
BOARD MEl\1BER POE: AYE
MOTION CARRIED.
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September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "B"
ATTACHMENT "B"
ORDINANCE NO. 2003-31
AN ORDINANCE...QF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS. FLORIDA, ADOPTING A
SMALL SCALEFI,UM AMENDMENT BY CHANGING THR
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING ONE(l) PARCEL TOTAI.ING
30,234 SQUARE FEET MORE OR LtSS AND LOCATED AT
901 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND I,RGALLY
DESCRIBED ON EXHIBIT" A" ATTACHED HERETO FROM
"INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOJ..UTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE
COMPREHENSJVR PI ,AN; AND PROVIDING FOR AN .
EFFECTIVE DATE.
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WHEREAS, the future land use map amendment embodied in this Ordinance is a smaIl scale
amendment to the City of Winter Springs Comprehensive Plan ill accordance with Section
163.3187(1)(c). Florida Statutes; and
WHEllliAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public bearing on August 6, 2003, in accon.lam;t; with the procedurl<s in Chapter 163, Part IT, Florida
Statutes, on the proposed Comprehensive Plan Amendment and consldered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commissioll; and
WHEREAS, the City Commission ofthc City of Winter Springs held a duly noticed public
hearing on the propnsed amendment set forth hereunder and {'.onsidered findings and advice of staff,
citizens, and all interested parties submitting written and ond comments and supporting data and
,.
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Cily of Winh:r Springs
Ordinance No. 2003-31
Page lof 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "B"
analy~is, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set forth hereunder~ and
WHERRAS, the City Commission of the City of Winter Springs herehy finds that this
Ordinance is in the best interests of the public ht:alth, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRlNC;S HEREBY ORDAINS, AS FOl.LOWS:
Sectio~L! .
Recitals. The foregoing recitals are true and correct and arc fully
incorporated herein by this reference.
Section 2.
Authority. This Ordinance is adopted in compliance with, and pursua'1t to,
the I.o<.:al 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 ofthe 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 Laud Usc Map, is herehy amended by designating the
real property depicted on Exhibit" A~' Irorn "Industrial" to "Commercial." Exhibit "A" is attached
hereto and fully incorporated herein by this reference.
Section 5.
Transmittal to the Department of Community Mfairs. The City Manager
or his uesignee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendment to the Florida Departml,'l1t of Community Affairs, in a<.:cordancc with Section
163.3187(1)( e)( 4), Florida Statutes, and Section 9J -11, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2003.31
fJage 2 of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "B"
Section 6.
Repeal of Prior IncoDsi$tent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City COl1ll1lission~ or parts of prior ordinances
and resolutions in conflict herew1th, are hereby repealed to the extent ofthe conflict.
Section 7.
SeverabiJjty~ 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 a[T~t the
validity of the remaining portions of this Ordinance.
Section 8.
Incorporation into Comprehensive Plan. Upon the effective date ~)flhe
Comprehensive Plan Amendment adopted by this Ordin3.1iCe, said Amendment shall be incorporated
into the City of W intcr Springs' Comprehensive Phm 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 luke effect thirty-one (31) days after adoption, in accordance with
Section 163.3 I 87(3)(c), unless challenged w1th1n thirty (30) days after adoption of this Ordinance,
(hen this Ordinance shaH become effective at such time the Florida Department of Community
Affairs or the Administration Conmussion issues a final order dctcnnining 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
dTective. After and from the effective date of this Aml;..ndm~nl,lhe Comprehensive Plan
{
City of Winter Springli
Ordinance No. 2003-31
Page J of 4
September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ATTACHMENT "B"
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 Conullission of the City of Winter Springs, Florida, in a regular
meeting assembled 011 the ___ day of _.
) 2003.
ATTEST:
....
John F. Bush, M~yor
-.-
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency "or
the City of Winter Springs only:
---. ....~
Anthony A. Garganese, City Attonaey
First Reading:
Second Reading:
Effective Date:
F:\~)\CiIJ vf Winler Springs\C)r(\;nantt5\Sm.1l1 Stall: FUJM ZOO)-)l. wpd
City Clf Winter Sprin~:;
Ordinance No. 2003-31
Pll8< 4 Qf 4
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September 22, 2003
PUBLIC HEARING AGENDA ITEM 405
ORDINANCE 2003-31
EXHIBIT" A"
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LEGAL DESCRIPTION
LOTS 1 + 2 LEW-JIM SUBD PB 11 PG 38
ATTACHMENT "B"
;.
ORDINANCE NO. 2003-31
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING
. 30,234 SQUARE FEET MORE OR LESS AND LOCATED AT
901 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA,
. .
AND MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM
"INDUSTRIAL" TO "COMMERCIAL"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCORPORATION INTO THE
COMPREHENSIVE PLAN; AND PROVIDING FOR 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 ofthe City of Winter Springs held a duly noticed
public hearing on August 6,2003, 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 City Commission ofthe 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
City of Winter Springs
Ordinance No. 2003-31
Page I of 4
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
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 ofthe 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 "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
163.3 1 87(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2003-31
Page 2 of 4
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts 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 ofthis 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), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time 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
City of Winter Springs
Ordinance No. 2003-31
Page 3 of 4
7
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 22nd day of September
,2003.
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s to legal form and sufficiency for
Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading: August 25, 2003
Second Reading: September 22, 2003
Effective Date: See Section 9.
F:\Docs\City of Winter Springs\Ordinanees\Small Seale FLUM2003-31.wpd
City of Winter Springs
Ordinance No. 2003-31
Page 4 of 4
ORDINANCE 2003-31
EXHIBIT" A"
Location Map
LEGAL DESCRIPTION
LOTS 1 + 2 LEW -JIM SUBD PB 11 PG 38