HomeMy WebLinkAbout2005 02 28 Public Hearings 401 First Reading of Ordinance 2005-06 Rezones Acres Located Along SR 434
COMMISSION AGENDA
February 28. 2005
Meeting
Consent
Information
Public Hearin2 X
Re~ular
ITEM 401
MGR./ ~EPT / /Y-
, Authorization
REQUEST: The Community Development Department - Planning Division requests the the
Commission hold a Public Hearing for First Reading of Ordinance 2005-06 which rezones 11.028
acres (more or less), located along SR 434 (across from Doran Drive) from "A-I" Agricultural
(Seminole County) to "Town Center" (City of Winter Springs).
PURPOSE: The purpose of this request is to consider the request of Highlander Investment
Ltd. for a Rezoning of these parcels along SR 434. The Large Scale Comprehensive Plan
Amendment changing the future land use of this property was recently adopted by the
Commission.
APPLICABLE LAW AND PUBLIC POLICY
Florida Municipal Home Rule Powers Act.
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including
rezoning ordinances).
Winter Sprin2s Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Sprin2s Section 20-26. Intent and purpose.
Winter Sprin2s Section 20-27. City commission authority.
Winter Sprin2s Section 20-28. Due process; Special notice requirements.
Winter Sprin2s Section 20-29. Applications.
Winter Sprin2s Section 20-30. Staff review.
Winter Sprin2s Section 20-31. Rezonings.
Winter Sprin2s 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) (upholding the constitutionality of the principles
of zoning).
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February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
CHRONOLOGY:
Oct. 25, 2004- Annexation of property by Ordinance 2004-39
Jan. 24, 2005- Large Scale Comprehensive Plan Amendment changing the Future Land Use
from Seminole County "Office to City of Winter Springs "Town Center", Ord. 2004-40
Feb. 15,2005- P& Z Board heard the request and made recommendation to the Commission
Feb. 28,2005- 1st Reading of Ordinance 2005-06
CONSIDERATIONS:
Applicant - Highlander Investments, Ltd. 6966 Venture Circle, Orlando, Florida 32807
Location - Along East SR 434 across from the developed portion of the Town Center
Site Information - The following eight (8) parcels currently have a (Seminole County)
"A-l Agricultural" zoning designation and are being considered for this rezoning to
(Winter Springs )"Town Center".
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'B'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
No Physical Address
HigWander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36- 20- 30- 502-0000-0020
3.969
LEG LOTS 2 & 3 (LESS RD) JOE E. JOHNSTONS SURVEY DB. 147 PG. 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
1159419 CR; E Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36-20- 30-502-0000-004 A
.501
LEG EL Y 235 FT OF N 1/2 OF LOT 4 (LESS RD) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
1163419 CR; E Winter Springs, FL 32708
HigWander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36-20- 30- 5 02-0000-004 B
.5.75
LEG N 1/2 OF LOT 4 (LESS EL Y 235 FT) JOE E JOHNS TONS SURVEY DB
147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
Proposed Zoning:
PARCEL'D'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'F'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel I.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'G'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
"Town Center" (Winter Springs)
1161419 CR; Winter Springs, FL 32708
HigWander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36- 20- 30-502-0000-004C
.609
LEG BEG N 38 DEG 45 MIN W 986 FT + S 51 DEG 15 MIN W 250 FT OF
MOST ELY COR LOT 9 RUN N 38 DEG 45 MIN W 100 FT S 51 DEG 15 MIN
W 250.7 FT S 22 DEG 15 MIN E 104.4 FT N 51 DEG 15 MIN E 280.62 FT TO
BEG JOE E JOHNSTONS SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agriculturall-Acre" (Seminole County)
"Town Center" (Winter Springs)
1165 SR 434; Winter Springs, FL 32708
HigWander Investment Ltd
2976 N Forsyth; Winter Park FL, 32792
36-20- 30- 502-0000-0040
.574
LEG EL Y 250 FT OF S 1/2 OF LOT 4 (LESS RD ON E) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
No Physical Address
Highlander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36-20-30- 502-0000-0050
2.40
T 5 (LESS RD) JOE E JOHNSTONS SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
1175 434; Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36-20- 30-502-0000-006A
.399
LEG NL Y 100 FT OF EL Y 200 FT OF LOT 6 (LESS RD) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agriculturall-Acre" (Seminole County)
"Town Center" (Winter Springs)
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
PARCEL 'H'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel J.D.:
Property Acreage:
Property Legal Description:
Existing Land Use:
Future Land Use:
Existing Zoning:
Proposed Zoning:
1181 E SR 434; Winter Springs, FL 32708
Highlander Investment Ltd
2976 N Forsyth; Winter Park, FL 32792
36-20-30- 502-0000-0060
2.001
LEG LOT 6 (LESS NLY 100 FT OF ELY 200 FT & RD) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Vacant
"Town Center District" (Winter Springs)
"A-l Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
Total Acreage - approx. 11.028 acres
Chronology of Subiect Property - Most of the parcels are undeveloped, however, some were
previously used as single family residential but are now vacant.
Existing Land Uses -The properties currently have the following uses: vacant, undeveloped, and
vacated single family residential. Adjacent existing land uses, zoning and FLUM designations
include the following:
Existing Land Uses Zoning FLUM
I
Subject Sites Residential! Vacant A-I (SC) Town Center District (WS)
North Town Center District T-C (WS) Town Center District (WS)
....................... ....H..._..... ................... ................................ ..................... .................................................................................. ...............................
South Medium Density Residential R-T (WS) Medium Density Residential (
...................... ....................................... .......... ................................ ............................................... .......... .....................- ................................... ..................
East Office & Commercial A-I (SC) Office (SC)
........................................... ................................................................ .... ..................... ......................................
West Town Center District T-C (WS) Town Center District (WS)
(WS) Winter Springs; (SC) Seminole County;
Development Trends - The development pattern within and surrounding the properties are
primarily urban in form and intensity, being part of the Winter Springs Town Center. The Town
Center designation incorporates a mix of uses developed in the neo-traditional manner. The
underdeveloped properties are expected to develop in a pattern consistent with the Town Center
District.
Letters/Phone Calls In Favor Or Opposition - None.
REZONING ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
(1) Compliance with Procedural Requirements- The proposed Rezoning change 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 Rezoning change is consistent with
the city's comprehensive plan and the proposed change will not have an adverse effect on the
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
comprehensive plan. The Large Scale Comprehensive Plan Amendment changing the future land
use of this property to "Town Center District" was recently adopted by the Commission.
(3) Consistent with any Master Plan for the property- The property is designated within the Town
Center Master Plan.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-l Agricultural" to Winter Springs "Town Center" is
appropriate and compatible with the land use pattern established by the City's comprehensive plan;
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone.
(6) Does Not Materially Alter the Population Density Pattem- 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), beyond what has already been contemplated under the Town Center Future Land
Use designation.
(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 "Agricultural" Zoning. The
"Town Center" designation is the zoning immediately surrounding the subject property.
(9) No Serious Reduction in Light or Air to Adjacent 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 Property- N/A; Most of the
surrounding area is developed. The intent in the zoning ofthe 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 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.
February 28,2005
PUBLIC HEARING AGENDA ITEM 401
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a special meeting ofthe P&Z/LPA on Feb. 15,2005, the Board made recommendation to
the Commission for approval of Ordinance 2005-02.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance
2005-03, changing the Zoning classification on the subject property located on SR 434 across
from Doran Dr. from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter
Springs).
IMPLEMENTATION SCHEDULE:
Mar. 3, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption)
Mar. 14, 2005- 2nd Reading IAdoption of Ordinance 2005-06
ATTACHMENTS:
A. Ordinance 2005-06 including Map & Legal Description
B. Unapproved Draft Minutes from the Planning & Zoning Board/Local Planning Agency
COMMISSION ACTION:
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
ORDINANCE 2005-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA, CHANGING THE OFFICIAL ZONING MAP
DESIGNATION OF EIGHT (8) PARCELS OF REAL
PROPERTY, CONTAINING 11.028 GROSS ACRES MORE OR
LESS, AND LOCATED GENERALLY ALONG EAST STATE
ROAD 434, MORE PARTICULARLY AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT " A," ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS
REFERENCE, FROM SEMINOLE COUNTY" A-I" TO CITY
OF WINTER SPRINGS "TOWN CENTER;" PROVIDING
THE CONDITIONS OF APPROVAL; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission is granted the authority, lmder Section 2(b), Article vm,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Commission adopted Ordinance 2004-40 on January 24,2005 which
amended the City's Comprehensive Plan Map by changing the future land use designation of said
properties from Seminole County "Office" to Winter Springs "Town Center;" and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at the Planning and Zoning Board's February 15,
2005 meeting; and
WHEREAS, the City Commission ofthe 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 this ordinance serves a legitimate public
purpose; and
WHEREAS, the City Commission of the City of Winter Springs, Florida 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 ofWintcr Springs, Florida.
City of Winter Springs
Ordinance No. 2005-06
Page 1 of 3
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
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 Amendments. 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 Seminole County "A-I" to City of Winter Springs "Town Center"
for the eight (8) parcels of property generally located along East State Road 434 and legally
described as follows:
Parcel #: 36-20-30-502-0000-0020
Parcel #: 36-20-30-502-0000-004A
Parcel #: 36-20-30-502-0000-004B
Parcel #: 36-20-30-502-0000-004C
Parcel #: 36-20-30-502-0000-0040
Parcel #: 36-20-30-502-0000-0050
Parcel #: 36-20-30-502-0000-006A
Parcel #: 36-20-30-502-0000-0060
Address: East State Road 434
Address: 1159 East State Road 434
Address: 1163 East State Road 434
Address: 1161 East State Road 434
Address: 1165 East State Road 434
Address: East State Road 434
Address: 1175 East State Road 434
Address: 1175 East State Road 434
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City of Winter Springs 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 shan
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions ofthis Ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2005.
[SIGNATURE PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 2005-06
Page 2 of 3
February 28, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
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. 2005-06
Page 3 of 3
February 28,2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
Ordinance 2005-06
EXHIBIT 'A'
LOCATION MAP
PARCEL NUMBERS
36-20- 30-502-0000-0020
36- 20- 30- 502-0000-004 A
36- 20- 30-502-0000-004 B
36- 20- 30-502-0000-004C
36-20- 30-502-0000-0040
36- 20- 30- 502-0000-0050
36-20- 3 0-502-0000-006A
36- 20- 30-502-0000-0060
October 25,2004
Public Hearing Item 404
ATTACHMENT B
P & Z Board/LP A Unapproved Draft Minutes
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
SPECIAL MEETING
FEBRUARY 15,2005
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance
2005-06 Which Rezones 11.028 Acres (More Or Less), Located Along SR [State Road] 434
(Across From Doran Drive) From "A-1" Agricultural (Seminole County) To "Town Center"
(City Of Winter Springs).
Ms. Sahlstrom presented this Agenda Item and stated, "Staff is recommending that you make your
recommendation of approval to the City Commission regarding the change of zoning to 'Town
Center' ."
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
With discussion on fire trucks getting through the subdivisions, Ms. Sahlstrom said, "Our Fire Chief
[Timothy J. Lallathin] is attending all our DRC [Development Review Committee] Meetings to
discuss these townhouses as they come through."
With further discussion, Chairman Poe said, "I would certainly entertain a Motion that would caution
the City Commission to be alert to the traffic concerns that we have and also the Fire Department
concerns that we might have with this subdivision." Vice Chairperson Rosanne Karr said, "And
parking."
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY
COMMISSION PLANNING AND ZONING BOARD AT THIS PUBLIC HEARING THAT
WE CHANGE THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY [STATE
ROAD] 434 ACROSS FROM DORAN DRIVE FROM 'A-1' AGRICULTURAL, SEMINOLE
COUNTY TO THE 'TOWN CENTER', CITY OF WINTER SPRINGS AND AS A TIE
ONTO THE MOTION THAT AS FINAL PLANS ARE MADE WITHIN THE TOWN
October 25,2004
Public Hearing Item 404
ATTACHMENT B
P & Z BoardILP A Unapproved Draft Minutes
CENTER, THE COMMISSION WOULD LOOK - HAVE THE FIRE CHIEF LOOK AT
SOME OF THE POSSIBILITIES OF ANY PROBLEMS THAT WOULD EXIST IN THE
SIZE OF THE STREETS AND THE SIZE OF OUR FIRE TRUCKS." MOTION BY
BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER TILLIS. DISCUSSION.
VICE CHAIRPERSON KARR SAID, "CAN I ALSO ADD TO THAT, PARKING IN THE
DEVELOPMENT?" CHAIRMAN POE STATED, "WE CAN EITHER AMEND YOUR
MOTION OR I PERSONALLY - TOOK THIS MOTION THAT - ALL CITY STAFF LOOK
AT THE REQUIREMENTS." VICE CHAIRPERSON KARR SAID, "OKAY."
FURTHER DISCUSSION ENSUED.
WITH DISCUSSION OF VARIOUS ISSUES TO BE BROUGHT BEFORE THE CITY
COMMISSION, BOARD MEMBER BROWN SAID, "I WOULD APPRECIATE IF YOU
WOULD CONVEY TO THEM SOME OF THE THINGS THAT WE [PLANNING AND
ZONING BOARD/LOCAL PLANNING AGENCY] DO SAY."
VOTE:
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.