HomeMy WebLinkAbout2003 03 24 Public Hearings A Second Reading - Ordinance 2003-03 Zoning Map Designation Change
COMMISSION AGENDA
March 24. 2003
Meeting
Consent
Information
Public Hearin!! X
Reeular
ITEM A
MGR.~ /Dept. I~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for Second Reading and Adoption of Ordinance 2003- 03 to Rezone a 12,574 square
foot tract, located on the northwest comer of Highway 434 and Wade Street, from (City) R-l "One-
Family Dwelling" to C-l "Neighborhood Commercial".
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for Second
Reading and Adoption of Ordinance 2003-03 to change the Zoning Map designation (City) R-l
"One-Family Dwelling" to C-l "Neighborhood Commercial".
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend to
the City Commission the boundaries of the various original zoning districts. . .and any amendments
thereto. . .act on measures affecting the present and future movement of traffic, the segregation of
residential and business districts and the conyenience and safety of persons and property in any way
dependent on city planning and zoning."
Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances. Section
166.041, F.S., states that a proposed ordinance shall be noticed once in a newspaper of general
circulation in the municipality at least 10 days prior to adoption and that the notice shall also advise
that interested parties may appear at the meeting and be heard with respect to the proposed
ordinance.
CHRONOLOGY:
January 14,2003- Rezoning Application received by the City.
February 5, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval.
March 10, 2003- 1 sl Reading of Ordinance 2003-03
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March 24, 2003
PUBLIC HEARING AGENDA ITEM A
March 13,2003- Public Noticing in Orlando Sentinel for 2nd Reading and Adoption
March 24,2003- 2nd Reading and Adoption of Ordinance 2003-03
CONSIDERATIONS:
The site is located on the northwest corner ofS.R. 434 and Wade Street and has been in Commercial use
since 1986.
The current and previous (1992) Future Land Use Map designations indicate this site as well as the
adjacent parcels to the east as "Commercial". Adjacent existing land uses, zoning and FLUM
designations include the following:
Existing Land Uses Zoning FLUM
Subject Site Commercial R-l (WS) Commercial (WS) also
Commercial (WS '92 FLUM)
North Residential Medium R-l (WS) Residential Medium (WS)
--------------- --.-----...----------.-------.. ____._~._______.__M.__ _ ~~~.:Q~~~_Ltx_~~~~~{'!V~_:2n...
South Vacant C-I (WS) Commercial (WS)
_k_______ - ---------------- ~~oJl!l.Tlerci~lJ~-~92 ~l._uML
East Vacant C-2 (WS) Commercial (WS)
Commercial (WS '92 FLUM)
-- -- .- ~------------
West Commercial (For Sale) C-l (WS) Commercial (WS)
Commercial (WS '92 FLUM)
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
The subject site is already developed. The purpose ofthe rezoning is to make the zoning of the
property consistent with the adopted Future Land Use Map and its current Commercial use. The
proposed C-l zoning will be consistent with the general character of the S.R. 434 area. Between
Sherry Avenue and Wade Street on the north side ofS.R. 434, there are twenty-five (25) properties,
including the Mackerly site. Out of these properties, sixteen (16) have been rezoned to Commercial.
Of these Commercially-zoned parcels, four (4) are active commercial properties with current
occupational licenses. The Mackerly parcel is not included as one ofthe four (4), since it has not yet
been rezoned. No phone calls have been received either in favor or opposition as of March 13,2003.
Justification For Rezoning:
S.R. 434 has developed predominantly as a Commercial area. The City's Future Land Use map
(2002 as well as the previous 1992 version) shows the properties along this section of the road as
Commercial. The Zoning of the parcel, currently R-l (One-Family Dwelling) needs to be changed to
C-l (Neighborhood Commercial) to achieve consistency with the Future Land Use Map designation.
There is already ample parking with good vehicular circulation available on site with access off of
Wade Street. This parcel already has a block wall in place to separate it from the residential land use
to the north.
Public Facilities:
The subject site is already developed. Therefore, the proposed rezoning will have no impact on
public facilities and services.
March 24, 2003
PUBLIC HEARING AGENDA ITEM A
Nuisance Potential Of Proposed Use To Surrounding Land Uses:
No changes are being proposed to the existing development. Therefore, the proposed rezoning
designation will be more consistent with the surrounding areas than the current designation.
Natural Lands Compatibility:
Not applicable.
Consistency With The Comprehensive Plan:
The proposed rezoning will make the Zoning of the property consistent with the City's Future Land
Use Map, and is consistent with the goals, objectives and policies of the City's Comprehensive Plan.
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 request
would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity,
traffic, noise, drai~age, dust, lighting, appearance, and other factors deemed important.
PLANNING & ZONING BOARD (LPA) RECOMMENDATION:
At its regularly scheduled meeting of-February S, 2003, the City of Winter Springs Planning & Zoning
Board (LP A) heard the request for Rezoning of the Mackerly property located at 680 E. S.R. 434 from R-1
"One- Family Dwelling" to C-1 "Neighborhood Commercial", 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 and adoption of
Ordinance 2003-03 to change the Zoning Classification on the subject property at 680 East S.R. 434, from
R -1 "One-Family Dwelling" to C-1 "Neighborhood Commercial". The Rezoning should incorporate the
City Staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning.
ATTACHMENTS:
A. Rezoning Application & Survey
B. Planning & Zoning Board Minutes from February 5, 2003
C. Memorandum to the City Manager
D. Ordinance 2003-03 including Map & Legal Description
COMMISSION ACTION:
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-ATTACHMENT "A" . \ /~ - ~
Rezonine Application & Survey i~e~ -:: - - .,
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CITY OF WINTER S,PRINGS, FLORIDA
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1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327-1800
APPLICATION FOR REZONING
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If appl~~ant does not own the property, provide the following:
OWNER:
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Last
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Middle
ADDRESS:
city
state
Zip Code
PHONE:
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is is a reques or c .0 z5?n~ng es~gnat~on from
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described below . "--~ '=;?~~,. '
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Future Land Use Map (Jt.l...:~~iQ" .. y.r C{}m/Tlerh~ --
Tax Parcel Number: '34'20- 3q SOg' 0200 j)11Q.
size of Parcel:
12?574
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sq. ft /~
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Address of Property propose~ for change of zoning Designation:
ADDRESS:
680': East State Road 434
Winter Springs, Florida
city state
32708
Zip Code
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Reason(s) and justification(s)
zoning designation.
for request of change to present
1) Property has been" Commercial llS~ c,lnrp ,qRfi
2) Proposed" zoning isc~mpataDle ivHFithE' C;~T of Wint@r Springs future larid
use plan.
3) Ajacent Property on !{fghway- 434 iszoried "C-1
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of ~he legal description.
* Notarized authorization of the owner (if applicant lS
other than owner or attorney for owner).
* Rezoning Application Fee, which includes:
* $ 300 plus $ 25 per acre or portion of acre to
be rezoned, plus
* Actual cost of public hearing notice printed
in newspaper, plus
* $ 1.00 for each notification letter to
abutting property ~wner.
****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is .to certify than I am the owner in fee simple of subject
lands described above in the Application fo~ Rezoning.
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7ATURE O~ OWNER' ~ \ . ": My CO"",",''' 00014362
~ Of r...,~ Expires April 02, 2005
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OTARY ~t !/1J;za"
t?COIDm1SS10n eXp1reS'
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Sworn to and subscribed before me
this~day of 3OC\lLllY"U
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)I.. Personally Known
==produced Identification jtype of 1.0.
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----Did not take an oath
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.. PLAT OF SURVEY :2-0tJ 30D/
Legal Descrlpllon: Lot /.I ,8l 0(.)( '2.. ~EjJLAr '()/ No,er~ t>.-eL4^",JO ro W^dJ~ .yT..{I ,:jIM,
As recorded In ,Plat Bo~k J ~ ' p'age S" (:' ~ , Public Records ~l 5CH/NO~CoiJnty, Fiorlda ,
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I herebycertlly that Ihe survey represented hereon meets or ex-
ceeds the minimum standards eslabllshed pursuant to section
472,027, Florida Statutes. '
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ANI) Ae, Sr~"'C.:r.../IVC,
Certified to AOJ\) J A < Q 1.I€ tIN6: 8.
Scale i".... 30 ~f!)"'Pf(),er
Date (,,/3/~3
Type or Survey Hh"Qr&Ad(!f.
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· Oenote~LP.j;~~2 ~~.t.,::::': 0(
TOMMIE LOGAN".. ~.
629E;' CHURCH ST.
:ORLANOd FLA.32801
,407-649-3113
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U3f1qOtlfJ..f I.O:ClIt ATTACHMENT "B"
M11d124;'2003 . .~lanniDl! & Zoniuf! Board Minutes from February 5. 2003
PUBUCJlEARlNO AGBNDA ITEM A
MartON ~:&II.na
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DI.0to1lo
JIlGV13 .
Be SIdrIry MacUd,y ltau"'a.
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Cbairman Fernandez rcq\lcsted that Staff a&tRI58 in their pmadl&tion "The O'WIHlrIhip iiarqt that is
dil1010Icd in the appliCldion IIKI JU8tcriDJ,." .
Mr. JoIm 8akat, AlCP, SIDior PlaJuIeJ'. CnmnwadtJ DevelopmeDl Department, explained that Ihe land
JIad beeD.1'IClaI1Iy aoId1fitha~ of... Zania& dauificlliou.. Mr. Bebffurtbcr_ "Jt is
Ihoft IS ComacrciaJ, it bas been uted 18 Commercial, azul the Future Uud u. Map is. dominant
feal1lrC. So ibc: ouuart a-I Zomns it tMltu~ ~t with the COmprebm.~VD Plan. We willbc
.' _.... '''kinaiDliclntoeompJi~wid1.Comp~ve.P1anwiththis~zonms.~ --. --. -- . '" _..
~p Pcmmdcz liked Iflbc Pwwc 1ad UK Map (FLt1M) WM available to DoIrd Members on ,
CD ROM. Mr. Babr rep1i~ ~J will find out"
DilClll$iOn.
-I MAD A MOTION THAT THE ,LA.NNlNG AND ZONING JlC)AIW RECOMMEND
'APPROVAL OI'TIIE REQ1JE8T TO CHANG! nu ZONlNQ CLA.SSiI1CAnON ON TIlE
8VBJItCT mOPERno' AT 680 EAST STATE ROAD 434 nOM a-I (MINIMUM 6600
SQUARE FOOT LOT) TO C-l (GENER4L RETAiL) lIMED ON THE Ji'lNDINGS IN OVR
AGENDA PACKET." MOTION BY BOARD MDUIEll KAJUl. UCQl'dJEIJ BY BOARD
'MEMlIERIQlEJJS. DISCUSSION.
VOTE,
BOARD MlMBD POE, AYE
IIOARD.~ KkfJ'$; AYE
VICE CHAIRMAN BROWN: A.YE
CHAIRMAN n~ANDEZ: AYE,
BO~MlMBDJCAJll: AYE
MO~~N.~.
alGUUJl
C. SdaOGllJIwloeal ~1It.
MI. sk.ice SabIIUOm. AICP, MLA, S.ior PIaDtIer, CouunwUtyDovelopmm1t D~ ~
.. ~. J!em and mfotmed. thI Jkwd that the City A.ttagJ.e)'. hJa revieWecl the docmmlnt~ Iftd
a.p1Jlned aae proc- {or adopIi(nl by the City met tbo Stato ofPlOrida.
Brief~irm.
March 24, 2003
PUBLIC HEARING AGENDA ITEM A
ATTACHMENT "C"
Memorandum to the City Manae:er
MEMORANDUM
TO:
Mr. Ron McLemore, City Manager
FROM:
Eloise Sahlstrom, Senior Planner
RE: Commission questions related to Non-Complying Commercial Uses between Sherry Avenue and
Wade Street along the north side ofS.R. 434:
. In the area of concern there are twenty-five (25) parcels with an underlying land use designation
of Commercial.
. Ofthe twenty-five (25) parcels, sixteen (16) are zoned C-1 Neighborhood Commercial and nine
(9) R-l Single Family Residential.
. Of the nine (9) residential zoned parcels, none have business licenses other than the one currently
being considered for rezoning.
. Of the nine (9) residential zoned parcels based upon an inspection ofthe property on foot, none
other than the one being considered for rezoning has commercial activity. ~
. Of the sixteen (16) zoned commercial, six (6) have commercial Occupational Licenses.
. Of the sixteen (16) zoned. commercial based upon an inspection ofthe property on foot, ten (10)
appear to be either vacant or being used for residential uses.
. There does not appear to be any improper commercial activity going on.
. The wall ordinance was adopted on May 8, 2000. Since May 8, 2000, there have been no
rezonings from residential to commercial other than the one in process. That parcel has a proper
wall.
. Ofthe parcels zoned commercial since the passage ofthe wall ordinance, none are in violation of
the wall ordinance.
. Of the remaining sixteen (16) commercial properties zoned prior to the adoption of the wall
ordinance, two (2) have walls in compliance.
C-l
March 24, 2003
PUBLIC HEARING AGENDA ITEM A
. Of the remaining sixteen (16) commercial properties, zoned prior to the wall ordinance, fourteen
(14) have no walls.
. There are two (2) questions:
1- How does the Commission desire to have the remaining nine (9) residential zoned lots
rezoned to conform to the underlying commercial land use?
2- How does the Commission desire to deal with the fourteen (14) commercial zoned lots that
have no wall?
1- Rezoning Alternatives:
a- Administratively rezone all nine (9) parcels.
b- Rezone them as commercial uses as desired by individual property owners.
2- Wall Alternatives:
a- Follow the wall ordinance only
b- Develop some instrument to require walls to be built at all fourteen (14) lots
zoned commercial prior to the wall ordinance that have no walls.
C-2
March 24, 2003
PUBLIC HEARING AGENDA ITEM A
ATTACHMENT "D"
Ordinance 2003-03 includin2 Map & Le2al Description
ORDINANCE NO. 2003-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING
DESIGNATION OF THE REAL PROPERTY GENERALLY
LOCATED AT 680 EAST STATE ROAD 434 DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM CITY OF WINTER SPRINGS R-t "ONE-
FAMILY DWELLING" TO CITY OF WINTER SPRINGS C..t
"NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR
SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, on February 5,2003, the Planning and Zoning Board recommended approval of
this rezoning based on the testimony and information presented before the Board; and
WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff,
citizens, and all interested parties submitting written and oral comments and supporting data and
analysis, and after complete deliberation, hereby finds the requested change consistent with the City of
Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports
the zoning change set forth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government purpose and is in the best interests ofthe public health, safety, and welfare of the citizens of
Winter Springs, Florida.
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY
ORDAINS AS FOLLOWS:
Section 1. Zoning Designation Amended. The zoning designation of the real property legally
described and depicted on Exhibit "A", which is attached hereto and incorporated herein by this
. reference, is hereby amended from City of Winter Springs R-I One-Family Dwelling to City of Winter
Springs C-l Neighborhood Commercial. Upon the effective date ofthis Ordinance, City Staffis hereby
instructed to amend the Official Zoning Map of the City of Winter Springs to fully reflect this
amendment.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision ofthis
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 4. Effective Date. This ordinance shall become effective immediately upon ~doption by the
City Commission and as provided by the City Charter.
ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular meeting
assembled on the 24th day of March ,2003.
ATTEST:
~
uaces, City Clerk
Approved as to legal form and sufficiency for the City of Winter Springs only:
Anthony A. Garganese, City Attorney
Second Reading:
~,~
First Reading:
M ch 10, 2003
arch 24, 2003
Effective Date: See Section 4.
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EXHIBIT "A"
MAP
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LEGAL DESCRIPTION
Lot 11, Block2 Replat of North Orlando Townsite 4th Addition as Recorded in
Plat Book 14, Page 5 & 6
City of Winter Springs
Ordinance No. 2003-03
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