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HomeMy WebLinkAbout1999 11 08 Public Hearings Item E COMMISSION AGENDA ITEM E Consent Informational Public Hearing X Regular November 8. 1999 Meeting MGR0EP~ Authorizati~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the first reading and consideration of Ordinance 749 to designate the Elizabeth Morse Foundation property (59.45 acres) R-IA "One Family Dwelling District" on the City's Zoning Map. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for first reading and consideration of Ordinance 749 to change the Zoning Map designation of the Elizabeth Morse Foundation property from County A-lO "Agriculture" to City designation R-IA "One Family Dwelling District". APPLICABLE LAW & 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 convenience and safety of persons and property in any way dependent on city planning and zoning." l~~~ CDD/October 28,1999/3:37 PM NOVEMBER 8, 1999 PUBLIC HEARING AGENDA ITEM E PAGE 2 CONSIDERATIONS: · The subject property was annexed into the City on September 27, 1999. · The applicant is requesting rezoning contingent upon approval of the large scale plan amendment to change the Future Land Use Map designation from county "Suburban Estates" (maximum 1 DU per acre) to City designation "Lower Density Residential" (1.1 - 3.5 DU per acre) FUNDING: N/A PLANNING AND ZONING BOARD RECOMMENDATION: The Planning & Zoning Board voted to approve the proposed change in zoning for the subject property from County A-10 "Agriculture" (1 DU/lO acres maximum) to City's R-1AA One Family Dwelling District (10,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from County R-lO "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation. STAFF RECOMMENDATION: Based on the Staff Report and the Findings, staff recommends the following: That the City Commission approve the proposed change of zoning from County A-lO "Agriculture" (1 DU/lO acres maximum) to City's R-IA One Family Dwelling District (8,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from county R-lO "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation. CDD/October 28,1999/3:51 PM NOVEMBER 8, 1999 PUBLIC HEARING AGENDA ITEM E PAGE 3 IM:PLEMENTA TION: The City Commission would hold a public hearing for the second reading and adoption of Ordinance 749 on November 22, 1999. Ordinance 749 will take effect upon approval by the DCA of the large scale comprehensive plan amendment from County R-lO "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1 - 3.5 DU/acre) Future Land Use Map designation. ATTACHMENT: A. Ordinance 749 B. Map of the subject parcel for rezoning. C. October 6, 1999 Planning & Zoning Board minutes. COMMISSION ACTION: CDD/October 28,199913:37 PM ORDINANCE 749 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REZONING A 67.85 ACRE PARCEL OF LAND KNOWN AS THE ELIZABETH MORSE FOUNDATION PROPERTY, LOCATED ON THE NORTH SIDE OF STATE ROAD 434 BETWEEN SPRING AVE. AND THE GREENEWAY (S.R. 417) AND ADJACENT TO THE CASSCELLS TRUST PROPERTY ON THE NORTH SIDE, FROM ITS PRESENT COUNTY DESIGNATION OF A-10 "AGRICULTURE" TO CITY DESIGNATION R-1A "ONE FAMILY DWELLING DISTRICT" PURSUANT TO 166.041 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the owner, Elizabeth Morse Foundation, 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 heal~ safety and welfare of the citizens of Winter Springs, Florida to change the zoning designation from its present county designation of A-lO "Agriculture" to City designation R-lA "One Family Dwelling District" on the following real property situate in Winter Springs, Florida as a result of adoption of Ordinance 740 on September 27, 1999: NOW, TIIEREFORE, TIIE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs rezones the following described real property indicated in Exhibit "A" of this Ordinance (749). 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 III - 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 day of . 1999. CITY OF WINTER SPRINGS PAUL P. PARTYKA, MAYOR ATTEST: ANDREA LORENZO-LUACES CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING EXHIBIT A ( " LEGAL DESCRIPTION Lots 1,2,3,4,5. aod 6, Section 32, Township 20 South, Range 31 East, ALSO Lots J, 2, J, 7, and 8 or Section 5, Township 21 South. Range 31 East (Less beginning 20 fecI E of and 274.1 feet S of the NW comer of Lot 3, Section 5, run E 366.6 fecI N 060 05' E 507.3 feel, N 000 12' E 321.7 fect, S 8r 32' W 193 feet, N 04030' W 269.1 [eet, S 890 04. E 652.1 feet, S 89056' E 420 feet, N 241.9 feet to shore of Lake Jessup, W'ly along shore 1,286 feel to the E line of Spring Avcnue; S 1,173 fcet to beginning), being 91 acres, more or less. All above real property being a part of the Phillip R.. Young Grant according to the plat thereof as recorded in Plat Book I, Page 35, Public Records of Seminole County, Florida. ALSQ \ A right ofingrcss and egress over that lO-fool strip of land adjoining and running along the N'ly side of a line commencing 20 feet E and 274.1 feet S of the NW comer of Lot 3 of Section 5, Township 21 South, Range 31 East, run E 366.6 feet and a right of ingress and cgrCss oycr that 1 a-foot strip of land adjoining and running along the W'ly side of line commencing 366.6 fect E of a point 20 feet E and 274.1 feet S of the NW comer of Lot 3, Section 5, Township 21 South, Range 31 E, run N 06005' E 507.3 feet. thence N 000 12' E 321.7 feet, said Lot 3 appears in the plat of Phillip R Young Grant as recordc<l in Plat Book 1, Page 35 of the public Records of Seminole County, Florida. J.;,css the E 25 feet of Lots 2 and 8 of said Section 5; less W 25 feet of Lots I, 3, and 7 of said Section 5 and less W 25 feet of Lot 2 and E 25 fcel of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5, Township 21 Soutb, Range 31 East, and Lots I, 2,-and 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Grant, according to the plat thereof as recorded in Plat Book I, Page 35 of the. Public Records of Seminole County, Florida, being more particula..dy described as follows: COmmence at the NE comer of said Scction 5; thence run S 88049' 39" W along the N line of said Section 5, a distance of 189.88 feet to tbe NE corner of said Lot I, Section 5 of the Phillip R. Young Grant for a point of beginning; tl)cnee run S 040 42' 40" W along the E line of said Lot I, Section 5, a distance of 665.23 [cet to the SE comer of said Lot 1, Section 5; thence run S 880 49' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thcnce departing said S line run N 250 45' 00" W, a dislancc of 1,386.79 fcetlO a point on the E line of the W 25.00 feet of said Lot 2, Section 32.; thence run NOlo 17' 12" W alol1$ said E line a distance of 408.90 feet to a point on the N line of said Lot 2, Section 32; thence departing said E line run S 83047' 20" E olong said N line a dis011lcc of949.00 fcello the NE comer of said Lot I, Section 32: tllence run SOil" 42' ilO" W along the E line of said Lot I, Sectlon 32. a distance of 891.00 " (\ fcello lhe poinl o[beginning. AND ALSO LESS Commence at the NE comer of said Section 5 also being the SE comer of said Section 32~ thence run S 88049' 39" W along the N line of said Section 5. also being the S line of said Section 32, a distance of 1,088.05 feet to a point on the W line of the E 25.00 feet of said Lot 3, Section 32; thence departing the S line of said Section 5 and the S line of said Section 32, run N 010 IT 12" W along said W line, a distance of 709.22 fed for a point e.:-!:;eginning; thence departing said W line run N 250 45' 00'.' W a distance of 103.97 feet; thence nu1 S 880 46' 48" W a distance of 69.93 fect to a point on the E line of amended plat of first addition to Mincral Springs, according to the plat thereof, as recorded in Flat Book 8, Fagcs 46 and 47 of the Public Records of Seminole County, Florida; thence run N 010 09' 12" W along said E line a distance of 225.66 fcet to a point on the N line of said Lot 3, Section 32~ thence departing said E line. run S 830 47' 20" E along said N line, a distance of 113.43 feet to a point on the aforesaid W linc of the E 25.00 fcct of said Lot 3, Section 32; thence departing said N linc run S 010 17' 12" E along said W line a distance 0005.58 feet to the point of beginning. Containing 24.179 acres, morc or less. ALSO LESS \ ( A part of the W 25.00 feet of Lot 2 and the E 25.00 feet of Lot 3, Section 32, Township 20 South, Ran~e 31 East of the Phillip R- Young Grant, according to the plat thereof, as recorded in Pla1. Book 1, Page 35 of the Public Records of Seminole County, Florida, being more particularly described as follows: Commene~ at the SW comer of said Section 32~ thence run S 880 49. 39" W along the S linc of said Section 32, a distance of i,038.0S feet to a point on the E line of the W 25.00 feel of said Lot 2; thence departing said S line DIn N 010 17' 12" W along said E linc a distancc of 599.42 feet for a point of beginning: thence dcparting said E line run N 250 45' 00" W a distance of 120.74 feet to a point on the W line of the E 25.00 feet of said Lot 3; thence run N 010 IT 12" W along said W line a distance 0(305.58 feet to a point on thc N line of said Lot 3; thcnce departing said W line run S 83047' 20" E along the N line of said Lot 2 and 3 a distancc of 50.43 feet to a point on the E linc of thc W 25.00 feet of said Lot 2; thencc departing said N line run S 010 17' 12" E along said E line a distance of 408.90 feet to the point ofbeginning. Containing 17,862 square fed, more or less_ ) ( ELIZABETll MORSE. FOUNDATION PROPERTY TO BE .REZONED J.' @ @--- o \ ( i 1.< 04 I.' 1.< _.___._.l....._._.__ . ') ( " 10 II Il .... II.' ". . " 11.& " C!..J \l " 11 rt. . I .J. _'n ,....__. _0.__ _..._.. _ _..____...___.. t ~ I It ;,...,.. It It .. / ( ~ II ...., . , ..')...........' : (~. 11Tl (".".. ...t = II.' II.f C::..":: " <3 'I.( It. . It CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILP A REGULAR MEETING OCTOBER 6, 1999 I. CALL TO ORDER The Planning And Zoning BoardlLPA Regular Meeting was called to order Wednesday, October 6, 1999, at 7:00 p.m. by Chairman Carl Stephens, Jr., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Carl Stephens, Jr., Chairman, present Marc Clinch, Vice Chairman, present Tom Brown, present Bill Fernandez, present Rosanne Karr, present Also Present Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval Of the September 1, 1999 Planning And Zoning BoardlLocal Planning Agency Meeting Minutes MOTION BY BOARD MEMBER TOM BROWN. "I MOVE TO APPROVE THE MINUTES OF SEPTEMBER 1, 1999 REGULAR MEETING". SECONDED BY BOARD MEMBER FERNANDEZ. "I'LL SECOND THAT MOTION WITH A CORRECTION, ON THE FOURTH PAGE,' SECOND PARAGRAPH, THE WORD 'YEA' SHOULD BE 'YES"'. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. II. REGULAR AGEN])A A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 ] Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator explained to the Board that the applicant, Harling Locklin Associates, is requesting a change of Zoning Map designation from County A-I "Agriculture" to the City's R-IA "One Family Dwelling District". The purpose is to develop the property as a single-family residential subdivision. Mr. Grimms further explained the justification for rezoning; nuisance potential of proposed rezoning to surrounding land uses; and Staff findings. He stated "Based on the Staff Report and the findings, Staff recommends the Planning and Zoning CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILPA REGULAR MEETING - OCTOBER 6. 1999 Page 2 of 4 Board make the following recommendation to the City Commission: That the City Commission approve the proposed change of zoning from County A-I0 "Agriculture" (1 DU/I0 acres maximum) to City's R-IA Zoning District (8,000 sq. ft. minimum lot size) contingent upon the applicant receiving approval for their proposed large scale comprehensive plan amendment change from county R-I0 "Rural" Future Land Use Map designation to the City's "Lower Density Residential" (1.1-3.5 DU/acre) Future Land Use Map designation." Discussion followed regarding the location of the property; the boundaries; the lot widths; and the lot widths of other neighboring properties. Board Member Fernandez questioned Mr. Grimms regarding annexations coming before the Planning and Zoning Board. Mr. Grimms explained why they do not, and Board Member Fernandez, for the record, voiced his displeasure in that decision. The Board continued their discussion regarding Spring Avenue; conservation areas; the orange grove; traffic concerns; the engineering plans of the subdivision; and the GreeneWay Interchange Zoning District. Randy Kirkwood, Harling Locklin Associates: informed the Board that he is employed by the Property Owner, Duncan Bowman, and offered to answer any questions the Board might have. Discussion ensued regarding archaeological studies; where children would attend school; the county enclave; the property being 59.45 acres; the wetlands; drainage; if the County neighbors were notified of the intention to develop; the number of homes in the 'proposed development; and.the density of neighboring areas. MOTION BY BOARD MEMBER BROWN. "I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION TO APPROVE THE PROPOSED CHANGING ZONE FROM COUNTY A-I "AGRICULTURE" (1 DU/I0 ACRES MAXIMUM) TO THE CITY'S R-IA ZONING DISTRICT (8,000 SQUARE FEET MINIMUM LOT SIZES) CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-I0 "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION." SECONDED BY BOARD MEMBER FERNANDEZ. "FOR DISCUSSION PURPOSES I'LL GO AHEAD AND SECOND THAT CONTINGENT ON SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF CITY OF WINTER SPRlNGS MINUTES I'LANNING AND ZONING BOARDILPA REGULAR MEETING - OCTOBER 6, 1999 Page 3 of 4 US UNDER ROMAN NUMERAL HEADING THREE, FOUR SPECIFIC FINDINGS AS OTHERWISE THIS BOARD WOULD BE CRITICIZED FOR NOT HAVING MADE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW TO SUPPORT OUR RECOMMENDATIONS AND ASK A QUESTION AT THIS POINT. AS IF WHETHER OR NOT THE APPLICANT WOULD FIND IT NOT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY, NOW THAT IT IS ON THE TABLE AT A HIGHER DENSITY, I WANT TO GET LESS HOMES OUT THERE FOR SMALL ROADS, SCHOOL BUSES AND EVERYTHING ELSE. I DON'T KNOW WHETHER THAT IS Rl-AA OR Rl- AAA OR WHATEVER, BUT IS IT ECONOMICALLY FEASIBLE TO DEVELOP THIS PROPERTY WITH LESS THAN 120 HOMES OUT THERE". DISCUSSION. VOTE: CARL STEPHENS, JR.: NAY; MARC CLINCH: AYE; TOM BROWN: AYE; BILL FERNANDEZ: NAY; ROSANNE KARR: NAY. MOTION DID NOT CARRY. MOTION BY BOARD MEMBER FERNANDEZ. "I'LL PUT A MOTION ON THE FLOOR, THAT WE RECOMMEND, WHAT'S THE NEXT LEVEL UP FROM R-l ?". MR. GRIMMS REPLIED, "R-IAA". BOARD MEMBER FERNANDEZ CONTINUED. "I'LL RECOMMEND, THAT WE RECOMMEND TO THE CITY COUNCIL BASED ON THE FINDINGS OF ROMAN NUMERAL THREE OF THE STAFF REPORT, THAT THE CITY COMMISSION APPROVE PROPOSED ZONING CHANGE FROM COUNTY A- 10 "AGRICULTURE" (1 DUIlO ACRES MAXIMUM) TO THE CITY'S R-1AA ZONING (10,000 SQUARE FEET MINIMUM LOT SIZE), NINETY (90) WIDTH, CONTINGENT UPON THE APPLICANT RECEIVING APPROVAL FOR THEIR PROPOSED LARGE SCALE COMPREHENSIVE PLAN AMENDMENT CHANGE FROM COUNTY R-I0 "RURAL" FUTURE LAND USE MAP DESIGNATION TO THE CITY'S "LOWER DENSITY RESIDENTIAL" (1.1-3.5 DU/ACRE) FUTURE LAND USE MAP DESIGNATION". BOARD MEMBER ROSANNE KARR SECONDED. DISCUSSION. VOTE: MARC CLINCH: AYE; TOM BROWN : AYE; BILL FERNANDEZ: AYE; ROSANNE KARR: AYE; CARL STEPHENS, JR.: AYE; MOTION CARRIED. III. FUTURE AGENDA ITEMS Discussion ensued regarding if invitations were extended to the City Attorney and Ms. Jimette S. Cook, Code Enforcement Officer to come and speak to the Board; By-laws; fluoridation of the City water, updating the Topic Index; maintaining the Topic Index; the Land Development Regulations; the 48th Annual Florida Planning and Zoning Conference at Daytona Beach; the State moving towards giving the Local Planning and Zoning Agencies more authority; the Evaluation Appraisal Report (E.A.R); the deadline to adopt CITY OF WlNTER SPRINGS MlNUTES PLANNING AND ZONING BOARDILPA REGULAR MEETlNG - OCTOBER 6, 1999 Page 4 of4 the School Collocation Large Scale Comprehensive Report; getting copies of maps to the Board; the paving of Citrus Road; and bridle easements. IV. ADJOURNMENT By consensus of the Board, the meeting was adjourned at 8:10 p.m. Note: Due to technical difficulties a portion of the meeting is not available. Minutes respectfully submitted by: Debbie Gillespie, City Clerk's Office City of Winter Springs, Florida APPROVED: CARL STEPHENS, JR., CHAIRMAN PLANNING and ZONING BOARDILP A NOTE: These minutes were approved at the .1999 Planning And Zoning BoardILPA Meeting. DOCSlboardslplanning/alllminutesll 00699 .doc