HomeMy WebLinkAbout2005 04 25 Public Hearing 402, Ordinance 2005-08, Rezone 10.65 acres on South Side of SR 434
CITY COMMISSION
ITEM 402
Consent
Information
Public Hearin
Re ular
x
April 25, 2005
Meeting
MGR. ~DEPT
Authorizatio
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2005-08 which rezones 10.65
acres (more or less) from "A-1" Agricultural (Seminole County) to "Town Center" (City of
Winter Springs), for five (5) parcels containing 10.65 acres, more or less, located on the south
side of SR 434, at the intersection of Tuskawilla Road.
PURPOSE: The purpose of this request is to consider the administrative request for a Rezoning
of these parcels along SR 434. Action on this rezoning will be subject to the adoption of the Large
Scale Comprehensive Plan Amendment changing the future land use of this property.
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).
~
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
CHRONOLOGY:
Oct. 25, 2004- Annexation of property by Ordinance 2004-39
April 5, 2005- P& Z Board/LP A heard the request and made recommendation of Approval to the
Commission
Apr. 14,2005- Public Noticing in Orlando Sentinel of Public Hearing for 15t Reading
CONSIDERA TIONS:
Applicant - City of Winter Springs
Owner- Robbie R & Edward R Ondick
Location - On the south side of SR 434, at the intersection of Tuskawilla Road.
Site Information - The following five (5) parcels currently have a (Seminole County) "A-1
Agricultural" zoning designation and are being considered for this rezoning to (Winter Springs
)"Town Center".
36-20-30-502-0000-0070 36-20-30-502-0000-0080 26-20-30-5AR-OAOO-008F
36-20-30-502-0000-009A 36-20-30-502-0000-0090
Total Acreage- 10.65 acres, more or less (This acreage is taken from Sketch of Description and
Metes and Bounds from the surveyor. The Property Appraiser's acreage varies from this amount
and is less.)
PARCEL 'A'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Appraiser Acreage:
Property Legal D Property Legal Description:
Existing Land Use:
Current Future Land Use:
Pending Future Land Use:
Existing Zoning:
Proposed Zoning:
SR 434- No Physical Address
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502-0000-0070
121,532 SF= 2.79 Acres
LEG LOT 7 JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Vacant
Office (Seminole County)
Town Center District (Winter Springs)
"A-1 Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
PARCEL 'B'
Property Address:
Existing Land Use:
Current Future Land Use:
Pending Future Land Use:
Existing Zoning:
Proposed Zoning:
SR 434- No Physical Address
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36- 20-30-502 -0000-0080
116,741 SF= 2,68 Acres
LEG LOT 8 (LESS RDS) JOE E JOHNSTONS SURVEY DB
147PG221
Vacant
Office (Seminole County)
Town Center District (Winter Springs)
"A-1 Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Appraiser Acreage:
Property Legal Description:
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
PARCEL 'C'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Current Future Land Use:
Pending Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'D'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel LD.:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Current Future Land Use:
Pending Future Land Use:
Existing Zoning:
Proposed Zoning:
PARCEL 'E'
Property Address:
Property Owner:
Owner's Address:
Property Appraiser Parcel LD,:
Property Appraiser Acreage:
Property Legal Description:
Existing Land Use:
Current Future Land Use:
Pending Future Land Use:
Existing Zoning:
Proposed Zoning:
170 Tuskawilla Road
E Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS
c/o Handy Way
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502 -0000-0090
23,089 SF= .53 Acres
LEG PT OF LOT 9 DESC AS BEG 243.48 FT N 14 DEG 3 MIN53
SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC W 106.51 FT N
38 DEG 45 MIN W 165 FTN 51 DEG 15 MIN E 153 FT S 38 DEG
45 MIN E 186 FT S 14 DEG 3 MIN 53 SEC W 150 FT TO BEG &
W Y2 OF V ACD ST ADJ ON E (LESS RD) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Pinch A Penny Pool Supplies- Commercial Use
Commercial (Seminole County)
Town Center District (Winter Springs)
"A-1 Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
36-20-30-502-0000-009A
119,079 SF= 2.73 Acres
LEG LOT 9 (LESS BEG 243.48 FT N 14 DEG 3 MIN 53 SEC E OF
SE COR RUN N 57 DEG 4 MIN 48 SEC W 106.51 FT N 38 DEG
45 M1N W 165 FTN 51 DEG 15 MIN E 153 FT S 38 DEG 45 MIN
E 186 FT S 14 DEG 3 MIN 53 SEC W 150 FT TO BEG) JOE E
JOHNSTONS SURVEY DB 147 PG 221
Vacant
Commercial (Seminole County)
Town Center District (Winter Springs)
"A-1 Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Robbie R & Edward R Ondick CO- TRS FBO
989 Greentree Drive; Winter Park, FL 32789
26-20-30-5AR-OAOO-008F
2,100 SF= .05 Acres
LEG PT OF LOT 8 N OF TUSKA WILLA SUBD WL Y OF
TUSKA WILLA RD & SWL Y OF SR434 & E Y, OF V ACD ST AD!
ON W BLK A, D R MITCH ELLS SURVEY OF THE LEVY
GRANT PB 1 PG 5
Vacant
Commercial (Seminole County)
Town Center District (Winter Springs)
"A-1 Agricultural I-Acre" (Seminole County)
"Town Center" (Winter Springs)
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
Total Acreage - approx. 10.65 acres
Chronology of Subiect Property - The parcels were involuntarily annexed into the city on Oct.
25, 2004.
Existing Land Uses - All of the parcels are vacant and undeveloped except for the corner parcel
where a commercial structure was built in 1982 and is currently leased to Pinch- A-Penny Pool
Supplies.
Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
Subject Sites Commercial Retail! Vacant A-I (SC) Commercial (SC) &
Office (SC)
North Town Center District T -C (WS) Town Center District (WS)
South Medium Density Residential R- T (WS) Medium Density Residential (
......... .................................... .
East Gas Station T -C (WS) Town Center District (WS)
West Vacant (in process of being deve T-C (WS) Town Center District (WS)
Townhomes)
(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 as of March 17,2005.
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 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-1 Agricultural" to Winter Springs
"Town Center" is appropriate and compatible with the land use pattern established by the
City's Comprehensive Plan;
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone.
(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), 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 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 Property- N/A; Most of
the surrounding area is developed. 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 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.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board! Local Planning Agency on April
5,2005, the Board held a Public Hearing and recommended "Approval" to the
Commission,
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Reading of
Ordinance 2005-08, which changes the Zoning classification on the five (5) subject
properties, containing 10.65 acres, more or less, along South S.R. 434, west of the
intersection at Tuskawilla Road, from (Seminole County) from "A-1" Agricultural
(Seminole County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Apr. 25, 2005- Transmittal Hearing I 15t Reading of Ordinance 2005-08
July 25,2005- Anticipated Adoption (subsequent to Large Scale Future Land Use Adoption)
ATTACHMENTS:
A. Unapproved Minutes from P&Z/LPA Meeting of April 5, 2005
B. Ordinance 2005-08 including Map & Legal Description
COMMISSION ACTION:
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
CITY OF WINTER SPRINGS, FLORIDA
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
APRIL 5, 2005
(RESCHEDULED FROM APRIL 7,2005)
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To
Ordinance 2005-08 Which Rezones 10.65 Acres (More Or Less) From "A-I"
Agricultural (Seminole County) To "Town Center" (City Of Winter Springs) For
Five (5) Parcels Containing 10.65 Acres, More Or Less, Located On The South Side
Of SR (State Road) 434, At The Intersection Of Tuskawilla Road.
Ms. Sahlstrom discussed this Agenda Item and stated, "It will not go to Commission for
their action until the Future Land Use recommendations come back from the State."
Discussion,
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,
"I RECOMMEND THAT THE PLANNING AND ZONING BOARD [/LOCAL
PLANNING AGENCY] AS A RESULT OF THIS PUBLIC HEARING RELATING
TO ORDINANCE 2005-08, RECOMMEND APPROVAL - TO THE CITY
COMMISSION REGARDING CHANGING THE ZONING CLASSIFICATION
ON THE - FIVE SUBJECT PROPERTIES CONTAINING 10.65 ACRES MORE
OR LESS ALONG SOUTH STATE ROAD 434 WEST OF THE INTERSECTION
AT TUSCAWILLA ROAD FROM SEMINOLE COUNTY 'A-I' TO 'TOWN
CENTER' CITY OF WINTER SPRINGS." MOTION BY VICE CHAIRPERSON
KARR. SECONDED BY BOARD MEMBER TILLIS. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER VOSKA: AYE
CHAIRMAN POE: AYE
BOARD MEMBER TILLIS: AYE
MOTION CARRIED.
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
Ordinance 2005-08
ORDINANCE 2005-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINCS, SKl\UNOLE COUNTY,
FLORILlA, CHANGING THE OFFICIAL ZONINC MAP
LlESIGNATION OF FIVE (5) PARCELS OF REAL
PROPERTY, CONTAINING IO.65GROSS ACRES MORE OR
LESS, AND LOCATED GENERALLY ALONG EAST STATE
ROAD 434, MORE PARTICULARLY ANLl LECALL\'
DESCRIBED HEREIN IN EXHIBIT "A:' ATTACHED
HERETO AND FliLL Y INCORPORATED HEREIN BY THIS
REH~RENCE, FROM SEMINOLE COUNTY "A~l" TO CITY
OF \'" INT ER SPRIN GS "TOWN CENTER;" PR 0\'1 DING THE
CONDITIONS OF APPROVAL~ PROVII)ING FOR "[HE
Rl~PEAL OF PRIOR INCONSISTENT ORDINANCES i\ND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WUEREAS, the City Commission is gn:mted the authority, under Section 2(b}, Artic1eVIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by la\v; and
\VHEREAS, this amendment is being processed concurrently with a Comprehensive Plan
Map Amendment to chlmge the future land use designation of said properties from Seminole County
"Office" or "Commercial" to Wintcr Springs "Town Center;" and
WHEREAS, the Planning and Zoning Board and City Staff ofthc City of Winter Springs
have recommended approval of this Ordinance atthe Planning and Zoning Board's April 5, 2005
meeting; and
WHE REAS, the City Commission of the City of Winter Springs held a duly noticed public
hem'ing Qn the proposed zoning change set forth hereunder lU1d 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 und that this ordinance serves a legitimate public
purpose; and
\VHEREAS, 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 ofthe citizens of \Vinter Springs, Florida.
City of Winter Springs
Ordinance No. 2005-0H
Page I of 3
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
NOW, THEREFORE, THE CITY C01\II\IISSION OF THE CITY OF WINTER
SPRINGS HEREHY ORDAINS, AS FOLLO\\"S:
Section 1. Recihlls. The foregoing recitals arc true and correct and are fully
incorporated herein by this referencc.
Sc.'ction 2. Zoning Map Amendnlt~nts. The Official Zoning Map of the City of Winter
Springs as described in CityofWintcr Springs Code, Section 20-102, is hereby amended to include
a change ofclassitlcation from Seminole County "A-I" to City of\Vintcr Springs "Town Center"
for the tive (5) parcels of property generally located along East State Road 434 and legally described
as follows:
Parccl 36-20-30-502-0000-0070
Pareel #: 36-20-30-502-0000-0080
Parcel #: 36-20-30-5AR-OAoO-00RF
Parecl 36-20-30-502-0000-009A
Parcel #: 36-20-30-502-0000-0090
Address: East State Road 434
Address: 1159 State Road 434
Addrcss: 1163 East State Road 434
Address: 1161 East State Road 434
Address: 1165 East State Road 434
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City of \\linter Springs City Commission, or
parts of ordinances and resolutions in conflict herewith, are hereby repealed to thc cxtent of the
conflict
Sc.'ction 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, slleh portion shall
be deemed a separate, distinct and independent provision. and such holding shall not affect the
validity of the remaining portions ofthis Ordinance.
Section 5. Ef"tcctive Date. This ordinance shall become etTcctivc immediatclyupon thc
effective date of Ordinance 2005-07 as adopted by the City Commission of the City of Winter
Springs,FI orida, and pursuant to the City If Ordinance 2005-07 docs not become cffeetive,
then this Ordinance shall become !lull and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a rcgular
meeting assembled on the day of ,2005.
[SIGNATURE PAGE FOLLOWS]
of \\'inter Springs
Ordinanee No. 2005-0S
Page 2 of 3
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luact's, City Clerk
Approved as to legal form and sufficiency for
the City of \Vintcr Springs only:
Anthony A. Gargancse, City Attorney
First Reading:
Second
Effective Date:
of \Vimer
Ordinance No. 2005.08
Page 3 of 3
April 25, 2005
PUBLIC HEARING AGENDA ITEM 402
Ordinance 2005-08
EXHIBIT 'A'
LOCATION MAP
PARCEL NUMBERS
36-20-30-502 -0000-00 7 0
36-20-30-502 -0000-0080
36-20-30-502 -0000-009A
36-20-30-502 -0000-0090
26-20-30-5AR-OAOO-008 F