Loading...
HomeMy WebLinkAbout1999 12 13 Public Hearings Item H COMMISSION AGENDA ITEM H Consent Informational Public Hearing X Regular December 13. 1999 Meeting MGR~Td Authorizatio~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the second reading and adoption of Ordinance 749 to designate the Elizabeth Morse Foundation property (59.45 acres) R-1A "One Family Dwelling District" on the City's Zoning Map. PURPOSE: The City Commission on November 22, 1999 directed staff to re-advertise the second reading of Ordinance 749 for December 13, 1999 to rezone the Elizabeth Morse Foundation property from (county) A-lO "Agriculture" to City designation R-1A "One Family Dwelling District". A second reading of Ordinance 749 designating the property R-lAA was previously scheduled for April 24, 2000. 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. " CONSIDERA TIONS: . The subject property was annexed into the City on September 27, 1999 CDD!December 6, 1999/9:56 AM DECEMBER 13,1999 PUBLIC HEARING AGENDA ITEM H PAGE 2 . 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) . On November 8, 1999, the City Commission held a first reading of Ordinance 749 and scheduled a second reading for April 24, 2000 to consider rezoning the property R-1AA "One Family Dwelling District". . On November 22, 1999 the City Commission directed staff to re-advertize the second reading for December 13, 1999 for reconsideration as R-IA (8,000 sq. ft. minimum lot size) instead ofR-lAA (10,000 sq. ft. minimum lot size). FUNDING: N/A PLANNING AND ZONING BOARD RECOMMENDATION: The Planning & Zoning Board disagreed with staff recommendation to recommend to the City Commission rezoning to R-1A and, instead, voted to approve changing the zoning of the subject property from county A-1O "Agriculture" (1 DU/1O acres maximum) to City's R-1AA Zoning 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-10 "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 City Commission make the following recommendation to the City Commission: That the City Commission approve the proposed change of zoning from county A-1O "Agriculture" (1 DU/lO acres maximum) to City's R-IA CDDlDecernber 6, 1999/9:56 AM DECEMBER 13, 1999 PUBLIC HEARlNG AGENDA ITEM H PAGE 3 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-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. IMPLEMENTATION: 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/December 6, 1999/10:02 AM ) 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-I0 "AGRICULTURE" TO CITY DESIGNATION R-IA "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 health, safety and welfare of the citizens of Winter Springs, Florida to change the zoning designation from its present county designation of A-IO "Agriculture" to City designation R-IA "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, THEREFORE, THE CITY OF WINTER SPRJNGS, 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 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 day of , 1999. CITY OF WlNTER SPRINGS PAULP.PARTYKA,MAYOR ) ) ATTEST: ANDREA LORENZO-LUACES CITY CLERK FIRST READING POSTED SECOND READING AND PUBLIC HEARING ) EXI-IIBIT A ) LEGAL DESCnll'TION Lols 1,2,3,4,5, and 6, Section 32, Township 20 Souili, H.ange 31 Easl, ALSO LOLs J, 2, J, 7, and 8 o[Section 5, Township 21 South. Range 31 cnsl. (J.-css beginning 20 feel E ora.nd 274.1 feet S of the NW comer o[Lot 3, Section 5, run E 366.6 feCI N 060 05' E 507.3 feel, N 000 12' E 321.7 foct~ S 8r 32' W 193 feel, N 040 30' W 269.1 fceL. S 890 04' E 652.1 [ecl, S 89056' E 420 feet, N 241.9 fect to shorc of Lakc Jessup, W'ly along shorc 1,286 feel to the E linc of Spring Avcnue; S 1,173 feet to beginl1ing), being 91 acres, more or less. All abovc real propcrty being a part of the Phillip R. Young Grant according to the plat thereof as recorded in Plat Book 1, Page 35, Public Rccords of Seminole County, Florida. ALSO \ A right ofingrcss and egress over that la-foot strip ofIand adjoining and running along the N'ly side of a line commencing 20 fed E and 274.1 feet S of the NW corner of Lot 3 of Section 5, Township 21 South, Range 31 East, run E 366.6 feet illld a right of ingress and egrCss oycr (hat 10-foot strip of land adjoining and running along the W'ly side of line cOnuTIel1cing 366.6 feet 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 appcars in the plat of Phillip R Young Grant as [ecordc<l in Plat Book 1, Page 35 of the public Records of Seminole County, Florida.. ) Lps the E 25 fect 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 feel of Lot 3 of said Section 32. LESS A part of Lot 1, Section 5, Township 21 South, Range 31 East, and Lots 1, 2,. and 3, Section 32, Township 20 South, Range 31 East of the Phillip R. Young Granl, according to the plat thcrcof as recorded in Plat Book 1, Page 35 of the Public Rccords of Seminole County, Florida, being mOre particularly described as follows: Commence at the NE COmer of said Section 5: thence run S 880 49' 39" W along the N line of said Section 5, a distance of.189.88 feel to the NE comer of said Lot 1, Section 5 of the Phillip R. Young Grant for a point of beginning; U1ence run S 040 42' 40" W along the E line of said Lot I, Scclion 5, a distance of 665.23 fcet to the SE corncr of said Lot 1, Section 5; thence run S 880 i19' 39" W along the S line of said Lot I, Section 5, a distance of 204.39 feet; thence departing said S line run N 250 45' 00" W, a dist.1.nce of 1,386.79 fcctto a poinl on the E line of the W 25.00 [eet of said Lol2, Section 32; thence run NOlO 17' 12" W along said E line a distance of 408.90 feet to a point on the N line of said Lot 2, Section 32: thencc depaning S<lid E line run S 830 tlT 20" E Dlons said l'i line a disL"lnee of9<19.00 fecllo the NE comer of said L,Ol I, Section 32; Ulcnec run S OtJ" tJ2' tJO" W along the E line of said Lol (. Section 32. a distance of 891.00 ) ( ) \ ") ) fec\ \0 \hc point of bcginnin:i. AND ALSO LESS Commence at the Nt comer of said Seclion 5 also being the S12 comer of said Scclion 32; Ulcnce run S 88049' 39" W along the N linc of said Section 5, also being the S line of said Section 32, a distance of 1,088.05 fcel to a point on the W line of the E 25.00 feet of said Lot 3, Section 32; thcncc departing the S linc of said Section 5 and the S line of said Section 32, run N 0 I 0 17' 12" W along said W line, a distance 0[709.22 feet for a point c:-:;eginning; thence departing said W line run N 250 45' 00',' W a distance of 103.97 feet; thence run S 880 46' 48" W a distance of 69.93 feet to a point on the E line of amended pial of first addition to Mincral Springs, according to the plat thereof, as recorded in Plat Book 8, Pages 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 feet 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 thc aforesaid W linc of the E 25.00 fect of said Lot 3, Section 32; thcnee departing said N line run S 010 17' 12" E along said W line a distance of305.58 feet to the point of beginning. Containing 24.179 acres, more 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 platlhereof, as recorded in pl<i~Book 1, Page 35 of the Public Records of Seminole County, Florida, being morc particularly described as follows: Commc.nc.c at the SW comer of said Section 32; thencc run S 880 49' 39" W along the S line of said Section 32, a distance of i,038.05 feel to a point on the E line of the W 25.00 feet of said Lot 2; thence departing said S line run N 010 17' 12" W along said E line a distanee of 599.42 feet for a point of beginning: thencc dcparting said E linc 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 17' 12" W along said W line a distancc of 305.58 feet to a point on the N line of said Lot 3; thcnce departing said W line IUD S 830 47' 20" E along lhe N line of said Lot 2 and 3 a distance of 50.43 feet to a point on the E line of thc W 25.00 fect of said Lot 2; thcuce departing said N line run S 010 17' 12" E along said E line a distance of i108.90 feel to the point ofbcginning. Containing 17,882 sqlUJC feet, more or less. ELIZABET'Il {\101<SE l;'OlJNDA"J'JON PHOPElZTY TO BE REZONED I.' @ @--- t.( ()4 ( '. ) I.' t.e t: 'I 11 \I II tt. . f'.' .1.1 - 11 C!..J II - II ( lJ n.f " II II.' I .~. 0'0 ....__. _.._. __.." _ .....______. . ...------- I' II I~... " 'f.' / ( c . r , I." 'I.. ..., " , ..... - ~ .. ~ It.' II.' - C::-.: .~- G 1'.( = ~-:: '_,1 ,. ') CITY OF WINTER SP]UNGS MINUTES PLANNING AND ZONING BOARDILPA 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 Prcscnt Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator Approval Of the Septcmber 1, 1999 Planning And Zoning BoardILocal Planning Agency Mecting Minutcs 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 AGENDA A. Elizabeth Morse Foundation Rezoning [ REZ-4-99 I ) 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-]A "One Fami]y 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 BOAIWfU'A 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 DUIlO 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/lO 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 AI-lEAD AND SECOND THAT CONTINGENT ON SPECIFIC FINDINGS AS OUTLINED IN THE STAFF REPORT IN FRONT OF o ') ) ) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/U'A REGULAR MEETING - OCTOBER 6,1999 Page 3 of 4 US UNDER ROMAN NUMERAL HEADING THREE, FOUR SI>ECIFIC 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 T ABLE 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 DU/I0 ACRES MAXIMUM) TO THE CITY'S R-lAA 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 48110 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 WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LPA REGULAR MEETING - OCTOOER 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 BoardlLPA Meeting. DOCSlboards/pl ann ingfalllm inules/l 00699.doc ------