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Home My WebLink About2003 08 25 Public Hearings E First Reading - Ordinance 2003-28 Rezoning COMMISSION AGENDA August 25. 2003 Meeting Consent Information Public Hearine X Reeular ITEM E MGR. ;/r IDept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2003-28, Rezoning Seven (7) Parcels along Belle Avenue from "C-2" to "I-I". PURPOSE: This is an administrative request to change the zoning designation of seven (7) parcels located on Belle Avenue, from Winter Springs "C-2 General Commercial" to Winter Springs "1-1 Light Industrial". The purpose ofthe request is to revise the zoning designation for those properties whose current existing land uses are in compliance with the allowable uses indicated in the newly created Winter Springs "1-1 Light Industrial" zoning category. APPLICABLE LAW AND PUBLIC POLICY: Section 20-28 of the City Code states that rezoning applications shall be presented to the Planning and Zoning Board for their consideration and recommendation to the City Commission. 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 convenience 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 rezoning ordinances. Section 166(3)(c)1, F.S., states that if the parcel(s) being rezoned comprises 10 acres or more, the City shall hold two advertised public hearings. CHRONOLOGY: July 8, 2003- Property Owners Notified by Certified Mail Aug. 6, 2003- Planning and Zoning Board heard the request for Zoning change and Recommended Approval Aug. 17, 2003-Public Noticing in Orlando Sentinel for 1 sl Reading by the Commission ~ \SI August 25,2003 PUBLIC HEARING AGENDA ITEM E Aug. 25, 2003-1 st Reading of Ordinance 2003-28 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Location - Belle Avenue Site Information - Seven different parcels are included: PARCEL REZONING MAP ID LETTER- "A" Property Address: 1200, 1250, 1260 & 1270 Belle Avenue Property Owner: Baxley, Robert & Annmarie Owner's Address: 1029 Northern Way; Winter Springs, FL 32708 Property Appraiser Parcel J.D.: 04-21-30-511-0AOO-0070 Property Acreage: 5.0 Property Legal Description: LOT 7 BLK A JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Belle Commerce Ctr. - Divided warehouse bldgs. (food packing, car repair & sales, fabricating, etc.) PARCEL REZONING MAP ID LETTER- "B" Property Address: 1255 Belle Avenue Property Owner: Baxley, Robert W.; C/O United Industries Owner's Address: 1029 Northern Way; Winter Springs, FL 32708 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-0070 Property Acreage: 2.30 Property Legal Description: LOT 7 (LESS N 262 FT) BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Belle Commerce Ctr. - Divided warehouse bldgs. (food packing, car repair & sales, fabricating, etc.) PARCEL REZONING MAP ID LETTER- "E" Property Address: Property Owner: Owner's Address: Property Appraiser Parcel J.D.: Property Acreage: Property Legal Description: Existing Land Use: 1155 Belle Avenue Williams, Clarence M. III 1155 Belle Avenue; Winter Springs, FL 32708 04-21-30-511-0BOO-0080 1.83 N 177 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Weld All, Inc./Tri-County Towing August 25, 2003 PUBLIC HEARING AGENDA ITEM E PARCEL REZONING MAP ID LETTER- "G" Property Address: 1145 Belle Avenue Property Owner: Belle Avenue Corporation; Owner's Address: P.O. Box 620818; Oviedo, FL 32662 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-008C Property Acreage: 0.39 Property Legal Description: W 149.35 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Residence/Richart Inc. (Landscape Operation) PARCEL REZONING MAP ID LETTER- "H" Property Address: 1135 Belle Avenue Property Owner: Belle Avenue Corporation; C/O Roger Lonsway Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-008B Property Acreage: 0.23 Property Legal Description: S 113.85 FT OF N 290.85 FT OF LOT 8 (LESS W 149.35 FT + E 209.85 FT) BLK B JOHNSONS POULTRY FARMS PB 6 PG8 Existing Land Use: Auto Repair Warehouse PARCEL REZONING MAP ID LETTER- "I" Property Address: 1125 Belle Avenue Property Owner: Belle Avenue Corporation; C/O Roger Lonsway Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-008D Property Acreage: 0.23 Property Legal Description: W 90 FT OF E 209.95 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Single-family residence PARCEL REZONING MAP ill LETTER- "J" Property Address: 1115 Belle Avenue Property Owner: Belle Avenue Corporation Owner's Address: P.O. Box 697; Chipley, FL 32428 Property Appraiser Parcel J.D.: 04-21-30-511-0BOO-008E Property Acreage: 0.31 Property Legal Description: E 119.95 FT OF S 113.85 FT OF N 290.85 FT OF LOT 8 BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Existing Land Use: Single-family residence Chronology ofSubiect Property - The properties were developed around 1989. Most ofthe properties have been in industrial use since the area's development. August 25, 2003 PUBLIC HEARING AGENDA ITEM E Existing Land Use - The properties are currently in industrial use. Adjacent existing land uses, zoning and FLUM designations include the following: I Existing Land Uses Current Zoning FLUM I Subject Industrial C-2 (WS) Industrial (WS) __~.~o p_~_~!~.~___.___.._ .._..._..___._....______.._......_.._._..__.____..._...._.__._...._....___ .__....._.__..__...___.__.___..__._.._.__.._._...._._.__....____ __...__...___.___.____._..._..._._._._...._....____._._______.___ North Commercial C-2 (WS) Commercial (WS) & ______.____.__.__.___ _______.______________._..._..__.......__.__.__._._ __...__.........._.........._....__........._._................_.__._._._......_......._.__.. _...!.I?:.q.':!.~!r.:.i_a.:U~~.L..._._.__.....__....____ South Industrial I (Casselberry) Industrial (Casselberry) East Elementary School & Single Family Residential R-IA (WS) R-IA (WS) Public/Semi Public (WS) Med Density Resdntl (WS) --~-.-.-.-----------------.__.-.-- --.-.-.--.-.-----.--.-----.---.-.-.--.-.----. -.-.-.-----.-----------.---....------.1 West Single Family Mobile Homes RMHP (C) Med Density Residntl (C) I (WS) Winter Springs; (SC) Seminole County; (C) Casselberry Development Trends - The seven (7) parcels are already developed industrial businesses. No land use changes are proposed. The purpose of the rezoning is to make the zoning of the property consistent with the existing industrial uses and consistent with the adopted Future Land Use Map. Proposed Zoning Classification - The proposed zoning classification change from "C-2 General Commercial" to "1-1 Light Industrial" is consistent with the general character ofthe Belle Avenue area. Letters/Phone Calls In Favor Or Opposition - Informational inquiries from property owners and adjacent neighbors. REZONING ANALYSIS: Justification For Rezoning - On July 8, 2002, the City Commission approved Ordinance No. 2002- 07 creating a new zoning district category called "1-1 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 "e-l 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 "1-1 Light Industrial District" than that of the Winter Springs "C-2 General Commercial District". Belle Avenue has developed predominantly as an Industrial area. Now that the City of Winter Springs has created a new Industrial District, these properties fit best within this new district. These properties have an underlying Future Land Use Map designation of "Industrial" as illustrated in the City's current Comprehensive Plan, and the City's previous Comprehensive Plan 1990-2010, Future Land Use Map also designated this area as "Industrial". Public Facilities - The site is already developed. At this time, no changes are being proposed to the existing development. Therefore, the proposed rezoning will have no impact on public facilities and services. August 25,2003 PUBLIC HEARING AGENDA ITEM E Nuisance Potential Of Proposed Use To Surrounding Land Uses - The proposed zoning designation for the subject property is consistent and compatible with the surrounding land uses. No changes are being proposed to the existing development. Existing uses permitted under "C-2 General Commercial", which are not permitted under the "1-1 Light Industrial" designation, can continue as a non-conforming use under the terms and conditions of the City Code. Natural Lands Compatibility - Not applicable. Consistency With The Comprehensive Plan - The proposed rezoning will make the Zoning of the properties consistent with the City's Future Land Use Map, and is consistent with the goals, objectives and policies of the City's Comprehensive Plan. 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. PLANNING & ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting of August 6, 2003, the City of Winter Springs Planning & Zoning Board heard the request for Rezoning of eight parcels along Belle Avenue, from "C-2" to "I-I". After consideration, the Board voted unanimously to recommend the rezoning of seven of the eight parcels to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2003-28 changing the Zoning Classification on seven parcels along Belle Avenue, from "C-2" to "I- 1". The Rezoning should incorporate the City Staff and the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning. IMPLEMENTATION SCHEDULE: Aug. 25, 2003-151 Reading of Ordinance 2003-28 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 6, 2003 B. Ordinance 2003-28 including Map & Legal Description COMMISSION ACTION: August 25, 2003 PUBLIC HEARlNG AGENDA ITEM E ATTACHMENT "A" Plannin!! & Zonin!! Board Minutes from Au!!ust 6. 2003 CITY OF WINTER SPRINGS PARTIAL MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 6, 2003 PAGE30F7 VOTE: VICE CHAIRPERSON KREBS: AYE. CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS B. Small Scale Land Use Amendment - Between State Road 419 And Old Sanford Oviedo Road From Industrial To Commercial, Equaling 9.04 Acres. Discussion. ''BETWEEN STATE ROAD 419 AND THE OLD SANFORD OVIEDO ROAD FROM INDUSTRIAL TO COMMERCIAL - I RECOMMEND THAT THIS BOARD NOT MAKE THAT RECOMMENDATION. LET US LEAVE THAT AS INDUSTRIAL AS IT CURRENTLY IS BECAUSE I UNDERSTAND NOT ONLY HIS POSITION BUT I ALSO LOOK AT THE AREA AND KNOW WHAT USES IT CAN BE USED FOR - SO I WOULD LIKE TO KEEP IT JUST LIKE IT IS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KREBS. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE MOTION CARRIED V. REGULAR REGULAR B. Rezone Parcels Near State Road 434 And Belle Avenue From "C-2" To ''I-I'' For Compliance With Future Land Use Map [FLUM]. Discussion. Tape lISide B Further discussion. Jb C ::=0 )> ." -t =. - - ~ ~ I ~ ~ II[' ~ -d E:3 CITY OF WINTER SPRINGS PARTIAL MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - AUGUST 6, 2003 PAGE40F7 "I WOULD LIKE TO MAKE A MOTION THAT MINUS PARCEL 'D', THAT THE REST OF THAT PROPERTY BE MOVED FROM 'COMMERCIAL' TO 'INDUSTRIAL' MINUS PARCEL 'D' - THE 'I' LIGHT INDUSTRIAL." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE MOTION CARRIED REGULAR C. Rezone Parcels Near State Road 419 And Old Sanford Oviedo Road From "C- 2" To "I-I" For Compliance With Future Land Use Map [FLUM]. Discussion. Tape 21Side A Further discussion. "I WOULD LIKE TO FIRST MAKE A RECOMMENDATION THAT WE REQUEST THA T THE CITY COMMISSION REVIEW THE EXISTING ZONING." MOTION BY BOARD MEMBER KARR. BOARD MEMBER POE ADDED, "WITH REGARD TO THOSE BUSINESSES THAT ARE INCLUDED IN EACH ZONING CATEGORY." BOARD MEMBER KARR SAID, "AND BASED ON THE HISTORY BEHIND THESE BUSINESSES ON THE PARCELS THAT WE ARE DISCUSSING AND THAT ARE LISTED IN THE PACKAGE HERE." SECONDED BY VICE CHAIRPERSON KREBS. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED ~ C :::0 )> ." -I ~ ~ ~u II ~ I ~ ~ ~ ~ L--.J '--' August 25, 2003 PUBLIC HEARING AGENDA ITEM E ATTACHMENT "B" ORDINANCE NO. 2003-28 A CITY -lNITlA TED ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, }'LORlDA, CHANGING THE ZON.ING MAP DESIGNATION OF SEVEN (7) PARCEI.S OF REAL PROPERTY LOCATED ON BELLE A VENUE IN WINTER SPRINGS, FLORIDA, MORE SPECIFICALLY DESCRIBED HEREIN, FRO~ "C-2 GENKRAL COMMERCIAL" TO "1-1 LIGHT INDUSTRIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTt.:N'I' ORDINANCES AND RRSOLUTIONS, PROVIDING FOR SEVERABIIJITV; AND PROVIDING FOR AN EFFECTIVR DATE. WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at the; Planning and Zoning Board's Augusl6, 2003 meeting; and WHRRRAS, Ule Cily Commission of the City of Winter Springs held a duly noticed public hearing on the proposed 7.oning change sel 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, herehy 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 tinds that this Ordinance serves a legitimate government purpose aud is in the best interests of the public heallh, safety, and welfare of the I,;iliztlllli ofWinler Springs, Florida. City ofWintC'C Spl;ngs Ordinance No_ 200J-2S P.\l(C I of 3 ~ent By: BROWNISALZMANIWEISS&GARGANESEj 407 425 9596j Aug-14-03 11 :08AMj Page 3/8 NOW, THERF.FORE, THE CITY COMMISSION OF TilE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS .'Oi.LOWS: Section 1. Recitals. The foregoing recitals arc true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in CiLY of Winter Springs Code Section 20-) 02 is hereby amended 10 include a change of classification from "C-2 General Commercial" to "1-1 Light lndustriar' for the seven (7) parcels of property legally describcd as fill1ows: Parcel #: 04-21-30-511-0AOO-0070 Address: 1200 Belle Avenue Parcel #: 04-21-30-511-0BOO-0070 Address: 1255 Belle Avenue Parcel #: 04-21-30~511-0DOO-0080 Address: 1155 Bdlt: Avenue Parcel #: 04-21-30-511-0BOO-OO~B Address: Belle Avenue Parcel #: 04-21-30-SI1-0BOO-008C Address: 1145 Belle Avenue Parcel #: 04-21-30-51 J -OBOO-008D Address: Belle Avenue Parcel #: 04-21-30-S11-0BOO-008E Address:) 220 Belle Avenue City staff is hereby directed to promptly amend the Official Zoning Map upon the effective date of this Ordinance. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. A II prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict ht."TCwllh, are hereby repealed to thc cxtent of the conflict. S\'!ction 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent juris"hCliol1, 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 oftbe remaining portions of this Ordinance. City of Winter Springs Ordinance No. 2003-28 p;sgc 2 of 3 oent ~y: ~HOWNJSALZMANJWEISS&GARGANESEj 407 425 9596j Aug-14-03 11 :09AMj Page 4/8 Section S. Effective Date. This ordinance shall become effective immediately uponlhe adoption by the City Commission of the City ofWinler Springs. Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ._ day of ,2003. .lohn F. Bush, Mayor ATTEST: Andrea I Joren7.o-Lllaces~ City Clerk Appmved as to legal fonn and sufficiency for the City of Winter Springtoi only: ..... Anthony A. Gargllnesc, City Attorney First Reading: Second Reading: Et1ectl ve Date: f:II"x..'.(;ity of Winter Sl'rj"g.~\O"t j".""..'l.on ins2003 -28. Wf'tl7 City ofWillh:r Springs Ordinance No. 2003-28 Pnge ~, uf 3 ORDINANCE 2003-28 EXHIBIT "A" AREA MAP PARCEL MAP GOLF COURSE' m :'.{A', OJ. m F m ~. B WINTER SPRINGS ELEMENTARY SCHOOL " '."'. . . i ~ " ~': LEGAL DESCRIPTIONS A- PARCEL 10# 04-21-30-511-0AOO-0070; lOT 7 BlK A JOHNSONS POULTRY FARMS PB 6 PG 8 B- PARCEL 10# 04-21-30-511-0BOO-0070; lOT 7 (lESS N 262 FT) BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 E- PARCEL 10# 04-21-30-511-0BOO-0080; N 177 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 G- PARCEL 10# 04-21-30-511-0BOO-008C; W 149.35 FT OF S 113.85 FT OF N 290.85 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 H- PARCEL 10# 04-21-30-511-0BOO-008B; S 113.85 FT OF N 290.85 FT OF lOT 8 (lESS W 149.35 FT + E 209.85 FT) BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 1- PARCEL 10# 04-21-30-511-0BOO-0080; W 90 FT OF E 209.95 FT OF S 113.85 FT OF N 290.85 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8 J- PARCEL 10# 04-21-30-511-0BOO-008E; E 119.95 FT OF S 113.85 FT OF N 290.85 FT OF lOT 8 BlK B JOHNSONS POULTRY FARMS PB 6 PG 8