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HomeMy WebLinkAbout2013 01 10 Public Hearing 500 - Ordinance 2013-01, Winding Hollow Rezoning PLANNING & ZONING BOARD AGENDA ITEM 500 Information Public Hearing X Regular January 10, 2013 Regular Meeting REQUEST: The Community Development Department — Planning Division requests that the Planning and Zoning Board hold a public hearing to consider Ordinance 2013-01,which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434, from C-2 (General Commercial) to C-1 (Neighborhood Commercial). SYNOPSIS: The City of Winter Springs Community Development Department has initiated this request to administratively rezone 2.9 acres from C-2 (General Commercial) to C-1 (Neighborhood Commercial). The subject property is located on the west side of Winding Hollow Boulevard just south of State Road 434 (see attached Sketch of Description). The administrative rezoning request comes as a result of City Commissions approval of the Winding Hollow Lot Split Resolution as presented during the December 10, 2012 Regular City Commission meeting. During said meeting, City Commission approved the Winding Hollow Lot Split Resolution subject to the following conditions: 1. The Applicant shall be required to submit permit applications to permit and develop an office park on the interior Lot; 2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1 (Neighborhood Commercial); 3. The Applicant shall consent the Interior Lot being subject to the S.R.434 General Design Standards for New Development Area; and 4. The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. APPLICABLE LAW, PUBLIC POLICY,AND EVENTS Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. January 10,2013 Planning&Zoning Board,Item 500 Page 2 of 4 City of Winter Springs Comprehensive Plan. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts, Division 4. Winter Springs Code of Ordinances, Chapter 20, Zoning, Article II, Section 20-31. CONSIDERATIONS: The City is processing an application to administratively rezone the subject property from C-2(General Commercial)to C-1 (Neighborhood Commercial)in order to comply with the conditions stipulated to the approved Winding Hollow Lot Split Resolution as approved by City Commission on December 10, 2012. The future owner desires to develop six (6) single-story office buildings having a total of 19,000 square feet of space on the 2.9 acre parcel. Pursuant to the conditions rendered by City Commission, the development will be subject to the S.R. 434 General Design Standards for New Development Area. The surrounding area is generally characterized by low density residential and limited commercial establishments along S.R. 434. Existing Land Uses Zoning Future Land Use Subject Property Undeveloped City of Winter City of Winter Springs Springs C-2 "Commercial" (General Commercial) North Undeveloped City of Winter City of Winter Springs Springs C-2 "Commercial" (General Commercial) South 110'Public Utility Easement City of Winter City of Winter Springs"Low Springs R-IA Density Residential" East Undeveloped(across the Winding City of Winter City of Winter Springs Hollow Boulevard right-of-way) Springs C-2 "Commercial" (General Commercial) West FDOT Stormwater Pond Seminole County Seminole County REZONING ANALYSIS: The following summarizes the data and issues which Staff analyzed in reviewing this application as required by the Code of Ordinances, Section 20-31: (1) Compliance with Procedural Requirements- The proposed administrative rezoning is in compliance with all procedural requirements established by the City Code and law. Requirements for advertising the land use action have been met. (2)Consistent with the Comprehensive Plan- The proposed administrative rezoning is consistent with the City's Comprehensive Plan and the proposed change will not have an adverse effect on the Comprehensive Plan. (3) Consistent with any Master Plan for the property- The subject property is proposed to be developed as single-story offices comprised of six(6)buildings and approximately 19,000 square feet of space. (4)Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed administrative rezoning from C-2 (General Commercial) to C-1 (Neighborhood Commercial) is appropriate and compatible with the land use pattern established by the City's Comprehensive January 10,2013 Planning&Zoning Board,Item 500 Page 3 of 4 Plan. The surrounding properties have future land use designations of "Low Density Residential" and "Commercial". The existing FDOT stormwater pond, just west of the subject property, is currently outside of city limits and is located within Seminole County. (5) Does Not Create Spot Zoning- The proposed administrative rezoning does not create a spot zone, which is prohibited by law. Currently,both sides of Winding Hollow Boulevard have C-2 (General Commercial)zoning and"Commercial"land use for approximately 820 feet south of S.R. 434. The Winding Hollow Subdivision, along with an existing 110' drainage easement located south of the subject property, has "Low Density Residential" land use and R-1A zoning. (6) Does Not Materially Alter the Population Density Pattern- The proposed administrative rezoning does not alter the existing developed population density pattern and therefore will not overtax the load on public facilities and services (schools, utilities, streets, and other municipal services and infrastructure). (7)Does Not Create Illogically Drawn Zoning District Boundaries- The proposed administrative rezoning does not result in existing zoning district boundaries that are illogically drawn in relation to the existing conditions on the property and the surrounding area and the land use pattern established by the City's Comprehensive Plan. Existing C-2 zoning in the City usually has frontage on S.R. 434, 17-92,or 419. A result of the Lot Split is that the subject property no longer has frontage on S.R. 434. A C-2 zoning designation has the potential to create adverse traffic conditions on Winding Hollow Boulevard. (8)Changed Conditions Make the Proposed Rezoning Necessary- The administrative rezoning request comes as a result of City Commissions approval of the Winding Hollow Lot Split Resolution during the December 10, 2012 Regular City Commission meeting. During said meeting, City Commission approved the Winding Hollow Lot Split Resolution subject to the following conditions: 1. The Applicant shall be required to submit permit applications to permit and develop an office park on the interior Lot; 2. The Applicant shall consent to the City administratively rezoning the Interior Lot to C-1 (Neighborhood Commercial); 3. The Applicant shall consent the Interior Lot being subject to the S.R.434 General Design Standards for New Development Area; and 4. The Lot Split Resolution shall not be finalized and recorded until such time the binding development agreement is finalized and executed. The proposed zoning designation of C-1(Neighborhood Commercial) is compatible with the existing Commercial Future Land Use Map classification. (9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed administrative rezoning will not seriously reduce light or air to adjacent areas. (10)Adverse Impact on Surrounding Property Values- The proposed zoning designation has been determined by evaluating the prevailing character of the area around the subject property. (11) Not Detrimental to Future Improvement of Adjacent Vacant Property- The intent of the administrative zoning of the property is to comply with the required condition of approval for the Winding Hollow Lot Split Resolution and is consistent and compatible with the surrounding land uses. January 10,2013 Planning&Zoning Board,Item 500 Page 4 of 4 (12) Does Not Constitute a Special Privilege- The proposed administrative rezoning does not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. (13)Not out of Scale- The proposed administrative rezoning is not out of scale or incompatible with the needs of the neighborhood or the City. (14)Does Not Violate any City Land Use Regulations- The proposed administrative rezoning does not violate any applicable land use regulations adopted by the City. FINDINGS: In summary, staff has determined that the fourteen (14)review standards defined within Section 20-31 have been satisfied. FISCAL IMPACT: The proposed administrative rezoning of the property from C-2 (General Commercial) to C-1 (Neighborhood Commercial) does not pose a risk to the City for the potential loss of commercial taxable value. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website,LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City,all individuals who have requested Agenda information,Department Directors; and also posted outside City Hall;posted inside City Hall with additional copies available for the general public. Additionally,both the City Community Development staff and the Engineer of Record,Todd Hudson, have met with the Winding Hollow homeowners association on numerous occasions to discuss said matter further. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the City Commission for Ordinance 2013-01, which proposes to administratively rezone 2.9 acres of property located on the west side of Winding Hollow Boulevard just south of State Road 434,from C- 2 (General Commercial) to C-1 (Neighborhood Commercial). ATTACHMENTS: A. Draft Ordinance 2013-01 B. Advertisement, Orlando Sentinel—December 27, 2012 C. Sketch& Description Attachment A ORDINANCE NO. 2013-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING A PORTION OF ONE (1) PARCEL OF LAND TOTALING 2.9 ACRES, MORE OR LESS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND WINDING HOLLOW BOULEVARD IN THE CITY OF WINTER SPRINGS, FLORIDA, DEPICTED AND LEGALLY DESCRIBED AS THE"SOUTHWEST PARCEL"ON EXHIBIT "A" ATTACHED HERETO, FROM "C-2 GENERAL COMMERCIAL DISTRICT" TO "C-1 NEIGHBORHOOD COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their January 9, 2013 meeting; 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 of the public health, safety, and welfare of the citizens of Winter Springs, Florida. 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. City of Winter Springs Ordinance No.2013-01 Page 1 of 2 Attachment A Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to include a change of classification from"C-2 General Commercial District"to"C-1 Neighborhood Commercial District" for the property depicted and legally described on Exhibit "A," which is attached and incorporated herein by this reference. 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. 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 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 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 5. Effective Date. This ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2013. Charles Lacey, 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 City of Winter Springs Ordinance No.2013-01 Page 2 of 2 NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE PLANNING&ZONING BOARO/LOCAL PLANNING AGENCY PROPOSES TO CONSIDER THE FOLLOWING, ORDINANCE NO.2013-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF REAL PROPERTY CONSTITUTING A PORTION OF ONE (1) PARCEL OF LAND TOTALING 2.9 ACRES,MORE OR LESS, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF STATE ROAD 434 AND WINDING HOLLOW BOULEVARD IN THE CITY OF WINTER SPRINGS, FLORIDA,DEPICTED AND LEGALLY DESCRIBED AS THE "SOUTHWEST PARCEL" ON EXHIBIT "A" ATTACHED HERETO,FROM"C-2 GENERAL COMMERCIAL DISTRICT" TO "C-1 NEIGHBORHOOD COMMERCIAL DISTRICT;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE DATE. LOCATION MAP V is ** Tea ` pp:' ip tE ' 051: s , s c PLANNING&ZONING BOARD/LOCAL PLANNING AGENCY PUBLIC HEARING WILL BE HELD ON THURSDAY,JANUARY 10,2013 AT 5,30 P.M.OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS,FLORIDA The proposed ordinance may be Obtained by interested parties between 8 a m.and 5 p.m..Monday through Friday.at the City's Clerk's Office.located at 1126 E.SR 434.Winter Springs. Florida.For more information.call(407)327-1800#227. Persons with disabilities needing assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator.48 hours in advance of the meeting at(407)327-1800.#236.This is a public hearing. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinance. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting.you will need a record of the proceedings.and for such purposes.you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. EXHIBIT"A" SKETCH OF DESCRIPTION SEE SHEET OF FOR S.,. tap ',. SKETCH OF DESCRIPTION mo s ,;``9� III N i' Iti I Attachment C SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) DESCRIPTION — (SOUTHWEST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NOTO1'30"W ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 576.34 FEET; THENCE RUN N83'53'17"E A DISTANCE OF 220.02 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WINDING HOLLOW BOULEVARD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN S0T01'30"E ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 576.07 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID LOT 25, BLOCK D; THENCE RUN S83°48'59"W ALONG SAID SOUTH LINE A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 2.9101 ACRES, MORE OR LESS. DESCRIPTION — (NORTHWEST PARCEL): A PORTION OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 25, BLOCK D, D R MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN NO7°O1'30"W ALONG THE WEST LINE OF SAID LOT 25, A DISTANCE OF 576.34 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE N0701'30"W ALONG SAID WEST LINE A DISTANCE OF 245.03 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 434; THENCE RUN N83°53'17"E ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 215.03 FEET TO THE INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE AND THE WEST RIGHT OF WAY LINE OF WINDING HOLLOW BOULEVARD, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 47, PAGES 94 THROUGH 96, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING THREE (3) COURSES AND DISTANCES ALONG SAID WEST RIGHT OF WAY LINE; S0701'30"E A DISTANCE OF 162.99 FEET, N83°48'59"E A DISTANCE OF 5.00 FEET, 50701'30"E A DISTANCE OF 82.02 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE, RUN S83°53'17"W A DISTANCE OF 220.02 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS 1.2187 ACRES, MORE OR LESS. SEE SHEET 2 OF 2 FOR SKETCH SHEET IOF2 NOT VALID WITHOUT THE SIGNATURE AND THE HENR/CH-LUKE & ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SWAGGERTY, LLC Job No: E-8691 surveyors&mappers Date: 10-18-12 185 Middle Street suite trot Drawn By: MIL 1 . Lake May,47-73 32746 (407)a*�-7348 Scale: 1"=100' Mark I. Luke FAX!407)647-77097 Professional Surveyor & Mapper Licensed Business No. 7278 Florida Registration #5006 Attachment Cs, SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) STATE ROAD 434 131.50 RPW 77070-2518) (FOOT RIGHT OF WAY MAP SECTION N83'S3'17"E 214'97 215.03' N N83'S3'17"E to o -4 o Ell w -4 0 0 Z g m -4 iii PARCEL Wo. o CEL . a NORTHEAST(NOT LUDED) N �' N o NORTHWEST PAR eoo �°- N o N a 53,087 sq. ft. S 1.2187 acres 583'48'59'W w 0 5.00' o N N63.48•59"E 03 co'1 m 4.. 5.00' N ' NOS vrr W N co O N O N83.53'17"E 219.97' R C N t o 2 A 983'53'17"W 220.02' { N83. 220.02' ° a=o r POINT OF BEGINNING N m (NORTHWEST PARCEL) Z `< 0 z Z C) N =a a O Cn U1 Z -a O 0 CD g2 C ZO 4 C3 zAr O a O z O z J �_� W r- 0--, m r Q O N S c o O S m SOUTHEAST PARCEL a o cc., N `n?.<CO 126,656 sq- ft. a co, SOUTHWEST PARCEL 2.91 acres z 0 o z o mr 126,764 sq. ft. 0 J z o 0 2 9101 acres rn r (NOT INCLUDED) ul o o �° .11 C N y 37 J b cG " 0 Z 61 J cfl 1 3I n C3 EAST RIGHT OF WAY LINE WAY LINE 7-WINDING HOLLOW BLVD RIGHT OF BL WEST VD WINDING HOLLOW SOUTH LINE OF LOT 25 219.97 S83'48'S9"\N 220.02' 883'48'S9"W 280.03' OF WINDING N 83'48'59'E NORTH LINE 1 (PLAT HOLLOW PAGES g4-96) BOOK 47, POINT OF BEGINNING (SOUTHWEST PARCEL) POINT MITCHELL'S COMMENCEMENT O5 BOCK(DORTHWEST PARCEL) 0' FLORIDA POWER & LIGHT COMPANY D R MITCHELL'S SURVEY OF THE LEVY GRANT R/W AGREEMENT ORB 148, PAGE 79)E 132 PLAT BOOK 1, PAGE 5 SHEET 2 OF2 NOT VALID WITHOUT THE SIGNATURE AND THE HENRICH-LUKE & ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. SWAGGERTY, LLC Job No: E-8691 surveyors&mappers N 165 AN Sheet Date: 10-18-12 .1 SEE SHEET 9 OF 2 T 4 © (4o 32 46 Drown By: MIL FOR DESCRIPTION FAX�407�4647 7 Scale: 1"=100' sea Bus No. 7278 AND SIGNATURE c EC