HomeMy WebLinkAbout2007 03 26 Public Hearing 501 1st Reading Ordinance 2007-03
CITY COMMISSION
March 26. 2007
Meeting
Public Hearing
ITEM 501
Mgr.Dept
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading on Ordinance 2007-03 which rezones 1.76
acres (more or less), located at 282 W. State Road 434 east of Barrington Estates, from "A-l 0"
Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs).
PURPOSE: To consider the request of Robert Carneal on behalf of Janet M. Mann for Rezoning
of the recently annexed property at 282 W. State Road 434.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including
rezoning ordinances).
Winter Sprines Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Sprines Section 20-26. Intent and purpose.
Winter Sprines Section 20-27. City commission authority.
Winter Sprines Section 20-28. Due process; Special notice requirements.
Winter Sprines Section 20-29. Applications.
Winter Sprines Section 20-30. Staff review.
Winter Sprines Section 20-31. Rezonings.
(The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102
were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire
chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which
was adopted on December 13, 2004.
(a) Any real property owner may file a rezoning application requesting a change in zoning
designation for their real property.
(b) The planning and zoning board shall be required to review all rezoning applications and make a
written recommendation to the city commission. Such recommendation shall include the
reasons for the board's recommendation and show the board has considered the applicable
rezoning criteria set forth in this section.
(c) Upon receipt of the planning and zoning board's recommendations, the city commission shall
March 26, 2007
PUBLIC HEARING AGENDA ITEM 501
make a fmal decision on the application. If the city commission determines that the planning
and zoning board has not made a recommendation on an application within a reasonable period
of time, the city commission may, at its discretion, consider an application without the planning
and zoning board's recommendation.
(d) All rezoning applications shall be reviewed for compliance with the following standards:
(1) The proposed rezoning change is in compliance with all procedural requirements established
by the city code and law;
(2) The proposed rezoning change is consistent with the city's comprehensive plan including,
but not limited, to the Future Land Use Map and the proposed change would not have an adverse
effect on the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the property;
(4) The proposed rezoning change is not contrary to the land use pattern established by the
city's comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law.
(6) The proposed rezoning change would not materially alter the population density pattern in a
manner that would overtax the load on public facilities and services such as schools, utilities,
streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding area and
the land use pattern established by the city's comprehensive plan.
(8) Changed or changing conditions make the proposed rezoning necessary.
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that
property values will be adversely affected by the proposed rezoning, the applicant must
demonstrate that the proposed rezoning change will not adversely affect property values in the
surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement
of development of vacant adjacent property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare;
(13) The proposed rezoning change is not out of scale or incompatible with the needs of
the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted
by the city;
Winter Sprines Section 20-57. 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.
Euclid v. Amber Realtv Co. . 272 U.S. 365 (1926) (upholdine the constitutionality of the
principles of zonine).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Dec. 29. 2006- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
March 26, 2007
PUBLIC HEARING AGENDA ITEM 501
Feb. 26. 2007- Adoption of Ordinance 2007-01, annexing the property.
Mar. 7.2007- P& Z Board (LPA) heard the request and made recommendation of Adoption.
CONSIDERATIONS:
Applicant - Robert Carneal, 2354 Pine Meadows Place; Chuluota, Florida 32766
Owner - Janet M. Mann; 233 Carolyn Drive, Oviedo, Florida 32765
Parcel Number-- 04-21-31-300-015A-0000
Acreage - approx. 1.76 acres
General Location - The site is located on the north side of SR 434, east of the Greeneway, one lot
east of the entrance to Barrington Estates.
Legal Description -SEe 04 TWP 21 S RGE 31 E S 1/2 OF NE 1/4 OF NE 1/4 OF SE y.; (less W 425' +
road)
Chronology ofSubiect Property - The property was annexed into Winter Springs on Feb. 26, 2007.
Existing Land Use - The property is currently vacant but previously had a mobile home and covered
concrete area on it. The County Future Land Use designation is SE- Suburban Estates. Adjacent
existing land uses, zoning and FLUM designations include the following:
Existing Land Z' 1'1 l 'I
l' .onlllg . .
ses
North
Family
Requesting (WS) C-l
Neighborhood
Commercial
(~C::)j\~ 10...
R-IA Single Family
Residential (WS)
Requesting (WS) Commercial
from (SC) Suburban Estates
Subject
Site
Vacant
from
South
Single
Residential
(Barrington Estates
. ~.I:l~<!Yl_.____________._____. ____,
Single Family
Residence & Yacant
{QY1__ .___,____
Yacant (WS)
Low Density Residential (WS)
R-l Single Family
Residential (OY)
Low Density Residential (OY)
East
Requesting (WS) C-l
Neighborhood
Commercial
(SC)
A-I0 (SC)
from
Requesting (WS) Conservation
and (WS) Commercial with
Conservation Overlay from (SC)
Rural-3
Suburban Estates (SC)
South Seminole
Christian Church SC
(WS) Winter Springs; (SC) Seminole County; (OY) Oviedo
West
Development Trends - The Applicant has indicated that he would like to develop the property as
office space.
Lerters/Phone Calls In Favor Or Opposition - Adjoining property owners in Barrington Estates and
the church have inquired about the development plans for the property and indicated their concern
over future impacts to their properties from development ofthe vacant parcel.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(I) Compliance with Procedural ReQuirements- The proposed Rezoning change is in compliance
March 26, 2007
PUBLIC HEARING AGENDA ITEM 501
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 Rezoning change 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 property is not part of a Master Plan;
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-l 0 Agricultural" to Winter Springs "C-l Neighborhood
Commercial" is appropriate and compatible with the land use pattern established by the City's
comprehensive plan; All parcels on the north side of SR 434 in the City are zoned "C-l
Neighborhood Commercial", with the exception of the entrance to Barrington Estates. The majority
of parcels on the south side ofSR 434, in Oviedo, are zoned "R-l Single Family Residential" which
allows a maximum of 5 .12 dwelling units per acre.
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, which is
prohibited by law. The adjoining property to the east (Winter Springs) has also applied for "C-l
Neighborhood Commercial" zoning classification and the land at the bend of SR 434 (under
Seminole County jurisdiction) has a commercial zoning. Should the church property to the west be
annexed, it would likely be considered for "C-l Neighborhood Commercial" as well.
(6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does
not materially alter the population density pattern in a manner that would overtax the load on public
facilities and services (schools, utilities, streets, and other municipal services and infrastructure) At
such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated;
(7) Does Not Create Illogically Drawn Zoning District Boundaries- The proposed 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;
(8) Changed Conditions Make the Proposed Rezoning Necessary- The Annexation of the property
into the City of Winter Springs necessitates that the property be Rezoned with a City of Winter
Springs' Zoning Designation. Winter Springs does not have an "A-lO Agricultural" Zoning. The
"C-l Neighborhood Commercial" is the most appropriate designation for the north side of the SR
434 urban arterial.
(9) No Serious Reduction in Light or Air to Adiacent Areas- The proposed rezoning change 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. The intent
in the zoning of the property is to apply a zoning classification for the subject property that is
consistent and compatible with the surrounding land uses;
(11) Not Detrimental to Future Improvement of Adiacent Vacant Propertv- The intent in the zoning
of the property is to apply a zoning classification for the subject property that is consistent and
compatible with the surrounding land uses;
(12) Does Not Constitutes a Special Privilege- The proposed Rezoning does not constitute a grant of
March 26, 2007
PUBLIC HEARING AGENDA ITEM 501
special privilege to an individual owner as contrasted with the public welfare;
(13) Not out of Scale- The proposed rezoning change 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 Rezoning does not violate any
applicable land use regulations adopted by the city;
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards
included in Section 20-31 were satisfied.
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LPA on March 7, 2007, the Board/Agency
recommended approval of Ordinance 2007-03, with a vote of 5-0.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2007-
03, changing the Zoning classification on the subject property at 282 S.R. 434 from "A-IO"
Agricultural (Seminole County) to "C-I Neighborhood Commercial" (City of Winter Springs).
TENTATIVE IMPLEMENTATION SCHEDULE:
March 26,2007- 1st Reading of Ordinance 2007-03
March 29,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption)
April 9, 2007- 2nd Reading IAdoption of Ordinance 2007-03
ATTACHMENTS:
A. Excerpt from P&Z/LPA Minutes of March 7, 2007
B. Ordinance 2007-03 including Location Map & Legal Description
C. Current Zoning Map, February 2007
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MARCH 7,2007
PAGE 3 OF II
"I WOULD LIKE TO MAKE THE MOTION THAT WE APPROVE THE
CHANGE IN FUTURE LAND USE BASED ON THE FINDINGS IN OUR
INFORMATION PACKET AND BASED ON THE INFORMATION WE
RECEIVED FROM THE RESIDENTS OF BARRINGTON ESTATES THAT THE
CITY COMMISSION APPROVE ORDINANCE [NUMBER] 2007-02 WHICH
ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND
CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE
SUBJECT PROPERTY AT 282 WEST STATE ROAD 434, EAST OF
BARRINGTON ESTATES FROM SEMINOLE COUNTY 'SUBURBAN
ESTATES' TO CITY OF WINTER SPRINGS 'COMMERCIAL'." MOTION BY
ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRPERSON
TILLIS. DISCUSSION.
VOTE:
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
PUBLIC HEARINGS
201. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2007-03 Which Rezones 1.76 Acres (More Or Less), Located At 282 West
State Road 434 East Of Barrington Estates, From "A-lO" Agricultural (Seminole
County) To "C-l Neighborhood Commercial" (City Of Winter Springs).
Ms. Sahlstrom introduced this Agenda Item and displayed a PowerPoint presentation of
the property site. Ms. Sahlstrom said, "Staffhas reviewed these and does believe that this
is the - appropriate Zoning for this property."
Ms. Sahlstrom read into the Record the opening paragraph of Section 20-231. of the City
Code.
Discussion.
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Mr. Robert Connelly, 1518 Wescott Loop, Winter Springs, Florida: briefly spoke to the
Board Members to consider a single story building on this property site.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MARCH 7,2007
PAGE 4 OF I I
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked the Board
Members to consider his neighborhood and noted he was opposed to a multi-story
building.
Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: as the owner of one
of the parcels, Mr. Toledo said he was in favor of Commercial Zoning and suggested it
would minimize traffic issues and recommended a forty foot (40') easement.
Discussion.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
"I AM GOING TO MAKE A MOTION TO APPROVE THE [AGENDA] ITEM
'201' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION.
VICE CHAIRPERSON TILLIS SAID, "WE OUGHT TO STRESS TO THE
[CITY] COMMISSION AS PART OF OUR RECOMMENDATION THAT THEY
DO NEED TO BE SENSITIVE TO WHAT TYPE OF COMMERCIAL
DEVELOPMENT GOES IN THERE AND IT'S APPEARANCE AND DO BE
SENSITIVE TO THE RESIDENTIAL NEIGHBORS THAT ARE CLOSE."
VOTE:
BOARD MEMBER BROWN: AYE
BOARDMEMBERKARR: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMANPOE: AYE
BOARD MEMBER RYSER: AYE
MOTION CARRIED.
PUBLIC HEARINGS
202. Community Development Department - Planning Division
Requests The Planning And Zoning BoardlLocal Planning Agency Hold A Public
Hearing For Ordinance 2007-04, Adopting A Small Scale FLUM (Future Land Use.
Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre
Parcel, Located On The North Side Of State Road 434, East Of The Entrance To
Barrington Estates And 600' West Of DeLeon Street From (Seminole County)
"Rural-3" To (City Of Winter Springs) "Commercial".
Ms. Sahlstrom presented this Agenda Item and said, "Staff believes that this Application
to change this property to Commercial Land Use is appropriate." Ms. Sahlstrom also
stated, "Staff also supports the preservation of the wetlands."
A PowerPoint presentation was displayed to show the property site.
ATTACHMENT B
ORDINANCE 2007-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING A PARCEL TOTALING 1.76 ACRES MORE
OR LESS AND LOCATED AT 282 WEST STATE ROAD 434
IN WINTER SPRINGS, FLORIDA, AND MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "A-tO" TO CITY OF WINTER SPRINGS "C-l
NEIGHBORHOOD COMMERCIAL"; 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 March 7, 2007 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 fmds 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.
Section 2.
Zoning Map Amendment. That the Official Zoning Map of the City of
City of Winter Springs
Ordinance No. 2007-03
Page 1 of 2
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-I0" to City of Winter Springs "C-l
Neighborhood Commercial" for the property 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 the
effective date of Ordinance 2007-02 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-02 does not become effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of ,2007.
John F. Bush, 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
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2007-03
Page 2 of 2
Exhibit 'A'
Source: City of Winter Springs & Seminole COlmty GIS Data, January 2007
I I I
o
175
350
700 Feet
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Metes and Bounds Description:
THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER
(NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE
31 EAST, LESS ROAD RIGHT OF WAY, AND LESS. THE WEST 425 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 62, PAGES 77 THROUGH 80. INCLUSIVE. IN THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE
SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY,
FLORIDA; THENCE RUN 500"21'31 "E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 4, A DISTANCE OF .32.1.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF
STATE ROAD NO. 4.34; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING
THREE COURSES; THENCE S89'22'57"W, A DISTANCE OF 206.37 FEET; THENCE NOO'37'03"W, A
DISTANCE OF 5.00 FEET: THENCE S69'22'S7"W, A DISTANCE or 32.30 rEET TO A POINT ON THE
EAST LINE or THE WEST 425.00' or THE SOUTH 1/2 or THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH
RIGHT OF WAY LINE LINE RUN NOO.02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00'
OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SAID SECTION 4, A DISTANCE OF 318.2.7 FEET TO A POINT ON THE SOUTH LINE OF
AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE
SOUTH 1/2 or THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 4; THENCE N89"50'13"E. ALONG THE SOUTH LINE or SAID 8ARRINGTON ESTATES AND
NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 or THE NORTHEAST 1/4 or THE
SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 236.86 FEET TO THE POINT OF BEGINNING.
Existing ZONING
February 2007
LEGEND
.. C-1 (WS)
D R-1A(WS)
c=J A-3 (WS)
D A-3 (SC)
_ R-1AA(SC) CONSV
c=J A-1 (SC)
c=J A-10 (SC)
D CN (SC)
D A (OV)
c=J R-1 (OV)
D R-1A(OV)
A-3
.0
= Subject
A -1 0 = Property
.
.
S.R. 434
R-1
A-1
o
390
780
1,560 Feet
RESS
ATTACHMENT C
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HOWARD
FLORIDA AV FLORIDA
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Source: Seminole County GIS, City of Winter Springs, February 2007