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HomeMy WebLinkAbout1999 06 28 Public Hearings Item B . . 'I';~~ COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular June 28, 1999 Meeting REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for second reading and adoption of Ordinance 722 to rezone the 17.41 acre "Kingsbury property" from (county) A-I "Agriculture" to the City's C-l "Neighborhood Commercial" District. . PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for second reading and consideration of Ordinance 722 to rezone the recently annexed Kingsbury 17.41 acre parcel, located on the northwest corner of Tuskawilla Road and State Road 434. Joshi & Associates, the contract purchaser of the property, plans to establish a sales/marketing office on the property as part of their efforts to market the Town Center Project. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-57 ofthe 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" CDD/June 16, 1999/4:41 PM JUNE 28, 1999 PUBLIC HEARING AGENDA ITEM B Page 2 CONSIDERATIONS: . The subject property was annexed into the City on April 26, 1999. . The subject property (Kingsbury property) will be part of the Winter Springs Town Center. · The Planning & Zoning Board reviewed the proposed rezoning on May 19, 1999. . The City Commission held a first reading of Ordinance 722 on June 14, 1999. FISCAL IMPACT: None PLANNING & ZONING BOARD RECOMMENDATION: Recommend approval to the City Commission for the request by Rohit Joshi of Joshi & Associates, contract purchaser of the 17.41 acre parcel, from County zoning designation "A-I", (agriculture) to City zoning designation "C-l ", (neighborhood commercial) zoning district, based on the staff reports with the findings as outlined in our minutes here. STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for first reading and consideration of Ordinance 722 to rezone the 17.41 acre Kingsbury parcel from (county) A-I "Agriculture" to the city's C-l "Neighborhood Commercial" District. IMPLEMENTATION SCHEDULE: Ordinance for rezoning would take immediate effect upon adoption at the June 28th City Commission meeting. CDD/June 16, 1999/4:41 PM JUNE 28, 1999 PUBLIC HEARING AGENDA ITEM B Page 3 ATTACHMENTS: A. Ordinance 722 B. Map of Kingsbury Property C. Rezoning Application D. StafTReport E. Minutes of Planning & Zoning Board, May 19,1999 Meeting COMMISSION ACTION: CDDlJWle 16, 1999/4:41 PM ATTACHMENT A ORDINANCE 722 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REZONING A 17.41 ACRE PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF S.R 434 AND TUSKA WILLA ROAD FROM ITS PRESENT COUNTY DESIGNATION OF A-I "AGRICULTURE" TO CITY DESIGNATION C-l "NEIGHBORHOOD COMMERCIAL" PURSUANT TO 171.044(1)(2) and 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the applicant, Joshi & Associates, the contract purchaser of the following described property, has petitioned the City of Winter Springs to rezone the subject property; WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida to change the zoning designation from its present county designation of A-I "Agriculture" to City designation C-I "Neighborhood Commercial" on the following real property situate in Winter Springs, Florida as a result of adoption of Ordinance 685 on April 26, 1999: NOW, THEREFORE, THE CITY OF WINTER SPRJNGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs rezones the following described real property: THAT PART OF BLOCK "B" OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEWNOLE COUNTY, FLORIDA LYING NORTHERL Y OF OVIEDO ROAD, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 74 AND 75 OF THE PUBLIC RECORDS OF SEMlNOLE COUNTY, FLORIDA; LESS BEGIN AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF SAID OVIEDO ROAD AS IT EXISTED ON 10 JULY, 1969 (BElNG 30 FEET NORTHERLY OF, AT RIGHT ANGLES TO, AND PARALLEL WITH THE CENTERLINE OF SAID OVIEDO ROAD) WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF 1ST STREET, A 30 FOOT RIGHT-OF-WAY AS IT EXISTED ON 10 JULY, 1969 AND RUN S 19 50' IS" e ALONG SAID NORTHERLY RIGHT- OF-WAY LINE OF OVIEDO ROAD 520.08 FEET; THENCE, LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE RUN N 50 09' 45" e 335.34 FEET TO THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID 1ST STREET; THENCE, N 72 60' IS" W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 618.86 FEET TO THE POINT OF BEGINNING; AND ALSO LESS RIGHTS-OF-WAY FOR STATE ROAD 434, 1ST STREET, AND BRANTLEY AVENUE ACCORDING TO SAID PLAT OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP THAT MAY HAVE BEEN ACQUIRED BY THE CITY OF WINTER SPRINGS, SEMlNOLE COUNTY, OR THE STATE OF FLORIDA SINCE 10 JULY, 1969. SECTION IT - SEVERABILITY If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION ill - CONFLICTS That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption, in accordance with 166.041(4) Florida Statutes and Section 4. 15(c) of the City Charter. PASSED AND ADOPTED this 28thday of JUNE , 1999. YOR ATIEST: cl ~~~+J~____ ANDREA-I:dRENZO-LUACES INTERIM CITY CLERK FIRSTREADlNG JUNE 14~ 1999 POSTED JUNE 15, 1999 SECOND READING AND PUBLIC HEARING JUNE 28, 1999 ATTACHMENT B OlLJT 70 '" 18.0 24.8 , iJ o Q;' SHAWNEE TR SEf\lHNOLE r:J;N'...-.,-... , d e::-:'l 7.0 "" II LOCI\ tf; ATTACHMENT C ". "j CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 APPLICATION FOR REZONlNG APPLICANT: Joshi, Rohit Last First Middle ADDRESS: P.O. Box 916328 Longwood, FL. City State 32791-6338 Zip Code PHONE: (407)327-5985 If applicant does not own the property, 'provide' the following: OWNER: Last First Middle ) ADDRESS: City State Zip Code PHONE: This is a request for ch~nge of zoning designation from (County) A-I "Agriculture" described below. .. to C-l "Neighborhood Commercialon the. property Future Land Use Map Classification (County) "Commercial" Tax Parcel Number: 26-20-30-5AR-OBOO-0000, & 0003 Size of Parcel: 17.41 Acres sq. ft /acres. Address of Property proposed for change of Zoning Designation: ADDRESS: (Vacant Land - No Address) ) City State Zip Code " Reason(s) and justification(s) for request of change to present zoning designation. To be allowed to locate a real estate/marketing sales office on the property_ TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION: * A copy of the most recent survey of the subject property. * A copy of the legal description. * Notarized authorization of the owner (if applicant is other thap 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 owner. **************************************************************** 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 for Rezoning. '----' Sworn ~~ and subscribed before me th~'aay Of~~ 19:2..:L- Personally Known. C // 5 ''1-.. Produced Identification jtype of 1.0. 7-/7 ~5 / ..~'I' "VI .,0'6(-<- .~ JiIJ,; -f' ~. ~... SYL VI^ P DENSON My Com",;"";,,n CCS0831 0 E'xpffn, Nov. 06.1999 Did take an oath ----Did not take an oath . ) *************************************************************** FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY SIGNATURE Sworn ~9~and subscribed before me this~tJ:ay Of/~'~ Personally Known C li - ~Produced Identification /type of I. D / 7 ~ ,L) /.!;J Did take an oath ----Did not take an oath -'-- - :{}f'::l ~~~~r. . ..--..... .. ':_-':-i~:,: ':/rOF /\..~...' A'ft.VIA P DENSON My Commission CC508318 EMPIr... Nov. 08.1999 ) REZONINGS ARE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. THE REZONING IS NOT EFFECTIVE UNTIL THE NOTICE AND VOTE REQUIREMENTS OF 166.041 FLORIDA STATUTES HAVE BEEN ACHIEVED. APPLICANTS ARE ADVISED, THAT IF THEY DECIDE TO APPEAL ANY-DECISIONS MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSES, THEY-WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR COST, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, PER 286.0105, FLORIDA STATUTES. ) <I 1.N:iWH;JV 1.1. V " CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708.2799 Telephone (407) 327.1800 Community Development Dept. Planning Division i PLANNING AND ZONING BOARD AGENDA ITEM: I I I i i II. A. "KINGSBURY REZqNING" (REZ-2-99) I , i I I STAFF REPORT: I i APPLICABLE LAW AND PU~LIC POLICY: ! Sec. 20-57 of the City Code states "Th~ planning and zoning board shall serve. . .to recommend to the City Commission the boundaries of the ~arious original zoning districts. . .and any amendments thereto, . .act on measures affecting the present apd future movement of traffic, the segregation of residential and business districts and the convenience ahd safety of persons and property in any way dependent on city planning and zoning," I I I. BACKGROUND: APPLICANT: OWNER: Rohit Joshi P. O. Box 916328 Longwood, FL (407) 327-5985 Laverne and June Kingsbury 150 Tuskawilla Road Winter Springs, FL 32708 (407) 327-1916 REQ UEST: I i i For change of zoning designation frbm Seminole County's designation of A-I "Agriculture" to the I City's designation of C-l "Neighborhood Commercial".. PURPOSE: Applicant wishes to establish a said/marketing office on the property as part of their efforts to market the Town Center Project. - A. SITE INFORIVIA TION L PARCEL NUMBER: . 26-20-30-5AR-OBOO-00:00 26-20-30-5 AR-OBOO-0003 2. ACREAGE: ; 17.41 acres i i 3. GENERAL LOCATIdN: ! Close to the intersection! of S.R. 434 and Tuskawilla Road, on the north side. i 4. LEGAL DESCRIPTION: I ; I I ALL UNPLOTTED PART OF BLOCK "B", THAT IS ON THE EAST SIDE OF OVIEDO-SANFORD BRICK ROAD OF D.R. MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS , RECORDED IN PLAT !BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,! FLORIDA; LESS BEGIN AT THE INTERSECTION OF THE I EASTERLY RIGHT-Or-WAY OF THE SANFORD-OVIEDO ROAD AND THE NORTHERLY LINE Of THE UNPLOTTED PART OF SAID BLOCK "B", RUN S 39 50' IS" e ALONG THE! EASTERLY RIGHT-OF-WAY OF SANFORD-OVIEDO ROAD 520 FEET. TmtNCE N 50 09' 45" E 335.54 FEET TO THE NORTH LINE OF THE UNPLOTTED PART OF SAID BLOCK "B", THENCE N 72 40' IS" W ALONG I . SAID NORTH LINE 5 ~8.86 FEET TO THE POINT OF BEGINNING. i 5. CHRONOLOGY: , The property has been i1 the unincorporated area of the county. On April 26, 1999, the City /Commission annexed the property into the City. . I 6. DEVELOPMENT TRtNDS: I I Recently the Florida Department of Transportation widened S.R. 434 from the intersection ofS.R. 434 fnd S.R. 419 to Tuskawilla Road. Presently, road widening of S.R. 434 from Tuskawiqa Road to the beltway is proceeding with completion before 6 months. The City Coml~ission hired Dover, Kohl & Partners who prepared a Town Center Plan and Design ~ode centered around the intersection of S.R. 434 and Tuskawilla Road, Most recently Jo~hi & Associates has expanded the Town Center Plan to include land extending to the be(tway and extending south of the intersection to include the L.D. Plate property. The Pial) essentially calls for mixed use developmcnt with various dcnsities and intcnsities.: A relocated multi-purpose Cross-Seminole Trail would be .. relocated further eastward on the Schrimsher property. The "Kingsbury Property" has been considered one oft,he key parcels in the Town Center and would be one of the very first to be developed : I 7. EXISTING LAND USE OF SUBJECT PROPERTY: I The parcel is almost con}pletely vacant, with several stands of trees, and a single family residence to the northea~t corner. I B. EXISTING LAND USESIADJACENT TO SUBJECT PROPERTY: North: Vacant, heavily +ooded area. South: Commercial., an1 vacant wooded area. I I East: Commercial, an, vacant wooded area. West: Vacant wooded ~rea, 1 residential unit, City Hall. I I C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY: Existing: (County designaion) "Commercial". Requested: No request mad~ at this time. I . I D. FUTURE LAND USE D~SIGNA TIONS ADJACENT TO SUBJECT PROFERTY: North: Mixed Use. I I I South: Commercial. j I East: Commercial.! I i I West: (County designa~ion) Commercial and Office. I I E. ZONING OF SUBJECT PROPERTY: I I ! Existing: (County designa~ion) A-I "Agriculture". Requested: (City deSignati01) C-I "Neighborhood Commercial" F. ZONING ADJACENT TO SUBJECT PROPERTY: i No rt h: I C-2 "Gcncral COlllmcrcial and Industrial", South: C-l "Neighborhood Commercial". East: C-l "Neighborhood Commercial". West: (County designa~ion) A-I "Agriculture". ; II. REZONING ANALYSES: A. JUSTIFICA TION FO~ REZONING: I. The contract pur~haser wishes to begin and expedite the process of marketing and development 9f~he proposed Town Center. The marketing/sales office is needed in the centralloc~tion of the "Kingsbury" property to provide visibility and a meeting place to iconduct the business of development of the Town Center. 2. The contract purphaser, Rohit Joshi of Joshi & Associates, proposes to locate a marketing/sales qffice on the subject property but cannot do so under the county's A-I "Agricultur~" Zoning District, which does not have as a permitted use of marketing/sales qffice. Therefore, he has requested the City's C-I "Neighborhood Commercial" zorying designation, which allows "sales offices" in Sec. 20-232(51) City Code. The bounty A-I" Agriculture" designation B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING I LAND USES: : , , 1. The applicant's ~roposed zoning change from county zoning designation A-I "Agriculture" to the City's zoning designation ofC-l "Neighborhood Commercial District" is the s<\me zoning of the adjacent parcels to the east and south and similar to the c-i "General Commercial and Industrial" of the adjacent (Blumburg) parcel to the north. 2. The marketing/s4les office should not generate any unusual or high decibel level noise, excessive light emanation or reflection, noxious odors, or traffic that would cal.lse the Level of Service standard for S.R. 434 to be exceeded. Ill. FINDINGS: '" TI\e "Kingsbury"! property is designated "Commercial" on the county's Future L\Ilel Use Map. * i , I The county has tre parcel zoned A-I "Agriculture", which does not allow for a marketing/sales qffice, only roadside stands to sell produce grown on the land (Sec. 30.122 Co~nty Land Development Regulations page 30-61). . The City's C-l" eighborhood Commercial" Zoning District is compatible with the county'sFut re Land Use Map designation of"Commercial". . The adjacent par els on the east and south are indicated as "Commercial" on the City's Official F ture Land Use Map. The parcel to the north is indicated as "Mixed Use", w 'ch allows for up to 50% commercial gross acreage on the parcel. . Adjacent parcels to the east and south are indicated as C-l "Neighborhood Commercial" on he City's Official Zoning Map. . The marketingls les office should not generate any unusual or high decibel level noise, excessive ight emanation or reflection, noxious odors, or traffic that would cause the Level f Service standard for S.R. 434 to be exceeded, IV. STAFF RECOMMEN ATION: Staff recommends the I anning & Zoning Board recommend approval to the City Commission the request for rezoning by Rohit Joshi of Joshi & Associates the 17.41 acre parcel from county zoni ' g designation A-I "Agriculture" to City zoning designation C-I "Neighborhood Comme cial" Zoning District, based on the Staff Report with findings above. ATTACHMENTS: 1. Property b0UI)d .r.y 0fthe 17.41acre "Kingsbury" property. 3. Aerial View of p operty and immediately surrounding area. ". 'i ........, OUT 70 '. 18.0 24.B A. ~ o ~ ctlE.Y(\'ll-lt 1R SHAWNEE TR SEf\JH~~OLE f':) J !\ ~ ....- C- . ,~c t= ,-,) 7.0 BLOCK (f; , - . ATTACHMENT E .' CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING UOAROfLPA SPECIALMEETING-MAY 19.1999 PAGE 2 OF 6 MOTION BY BILL FERNANDEZ. SECONDED BY CARL STEPHENS, JR. DISCUSSION. THE MOTION TO ADOPT THE IVlINUTES OF MAY 5, 1999 WITH THE ABOVE NOTED REVISION WAS APPROVED WITH CONSENSUS OF THE BOARD. MOTION CARRIED. II. REGULAR AGENDA A. "Kingsbury" Property Rezoning (REZ-2-99) Mr. Thomas Grimm~, AICP, Comprehensive Planning/Zoning Coordinator gave an overview of this Agenda Item, and explained the justifications and findings for the proposed rezoning of this parcel. The Board and Mr. Grimms discussed various aspects of this case, which dealt with the possibility of locating a marketing and sales trailer on this parcel. Discussion covered such aspects as the Town Center District Code, and the future land use designation of this property. "I WILL RECOMMEND THAT THE PLANNING AND ZONING BOARD RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE REQUEST BY ROIDT JOSHI OF JOSHI & ASSOCIATES, THE 17.41 ACRE PARCEL, FROM COUNTY ZONING DESIGNATION "A-I" (AGRICULTURE) TO CITY ZONING DESIGNATION "C-l", (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT, BASED ON THE STAFF REPORTS WITH THE FINDINGS AS OUTLINED IN 0URMINUTES HERE". MOTION BY BILL FERNANDEZ. SECONDED BY ROSANNE KARR. DISCUSSION. VOTE: CARL STEPHENS, JR: AYE; MARC CLINCH: AYE; TOM BROWN: AYE; BILL FERNANDEZ: AYE; ROSANNE .KARR: AYE. MOTION CARRIED. B. Wofford/Slappey Small Scale Comprehensive Plan Amendment (SM- CP A-2-99) Mr. Grimms identified the parcel in question, and gave an in-depth explanation on this proposed project, which involved the request for a change in zoning designation from County "A-I" (Agriculture) to the City's "C-2" (General Commercial and Industrial) zonmg. The Board discussed such aspects as the development of this project; the status of flood prone areas; cooperative agreements with the City of Oviedo; growth patterns and