HomeMy WebLinkAbout2003 08 25 Public Hearings D Second Reading - Ordinance 2003-25 Rezoning
COMMISSION AGENDA
August 25,2003
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM D
MGR.
j/Y'/Dept. Iff
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
Public Hearing for Second Reading and Adoption of Ordinance 2003-25, Rezoning of Seven (7)
Parcels along SR 434 from "R -1" to "C-1".
PURPOSE:
The Rezoning of Seven (7) parcels currently zoned "R-1 One-Family Dwelling" Residential which
exist as non-compliant zoning to the Future Land Use Map.
APPLICABLE LAW AND 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 anyway
dependent on city planning and zoning."
Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances.
CHRONOLOGY:
May 26, 2003- Property Owners Notified by Certified Mail
July 2,2003- Planning & Zoning Board heard the request and Recommended Approval
July 20, 2003- Public Noticing in Orlando Sentinel for 151 Reading by the Commission
July 28, 2003- 151 Reading of Ordinance 2003-25
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Site Information -
Seven different parcels are included.
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August 25, 2003
PUBLIC HEARING AGENDA ITEM D
Parcel #: 34-20-30-508-0800-0120 Parcel Address: 406 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 12 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
Owner: Brenda 1. and David V. Yovaish
Address: 102 Valencia Loop; Altamonte Springs, FL 32714
Parcel #: 34-20-30-508-0800-0110 Parcel Address: 408 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 11 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
Owner: Angel Nieves Jr.
Address: 408 East SR 434; Winter Springs, FL 32708
Parcel #: 34-20-30-508-0800-0100 Parcel Address: 410 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 10 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
Owner: William D. Harvey
Address: General DelivelY; Piney River, VA 22964
Parcel #: 34-20-30-508-0800-0090 Parcel Address: 412 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 9 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
Owner: Ms. Elsie M Smart
Address: 412 East SR 434; Winter Springs, FL 32708
Parcel #: 34-20-30-508-0800-0050 Parcel Address: 420 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 5 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
Owner: John and Betty Diefendelfer, Trs
Address: 181 Needlewood Loop; DeBary, FL 32713
Parcel #: 34-20-30-509-0200-0190 Parcel Address: 504 East SR 434
Acreage: 6,000 SF more or less.
Legal Description: Lot 19 Block 2 North Orlando Townsite 4th Addition Replat, Plat Book 14, Page 6.
Owner: Thomas J Fischer & Kimberly Hall
Address: 1150 Scenic Point Rd.,' Longwood, FL 32750
Parcel #: 34-20-30-509-0200-0/80 Parcel Address: 506 East SR 434
Acreage: 7,500 SF more or less.
Lega] Description: Lot]8 & W 15 feet of Lot 17, Block 2 North Orlando Townsite 4th Addition Rep]at,
Plat Bk 14, Page 6.
Owner: James 0 and Earline Clark
Owner's Address: 506 East SR 434
General Location- The parcels are located Between Sherry Avenue and Wade Street on the north
side of S.R. 434.
Chronology of Subiect Property - The properties were developed in 1960 (with the exception of 504 E
SR 434 and 506 E SR 434 which were developed in 1971 and 1970) as residential property. Most ofthe
surrounding properties were rezoned in the 1980s and have been in residential use since the area's
development in the 1980s.
August 25, 2003
PUBLIC HEARING AGENDA ITEM D
Existing Land Use - The properties are currently in residential use as single family homes. Adjacent
existing land uses, zoning and FLUM designations include the following:
Development Trends - The subject properties are already developed as single family homes. No
land use changes have been proposed. The purpose of the rezoning is to make the zoning of the
property consistent with the adopted Future Land Use Map and the SR 434 corridor. The proposed
C-l zoning is consistent with the general character of the S.R. 434 area.
Proposed Zoning Classification - The proposed zoning classification change from "R-l One-Family
Dwelling" to "C-l Neighborhood Commercial" is consistent with the general character of the SR 434
corridor.
Letters/Phone Calls In Favor Or Opposition - Inquiry from Mr. William D. Harvey of Piney River,
Virginia (a snowbird) wondering how his taxes would be affected and inquiry by potential buyers of
property "For Sale" at 506 SR 434.
REZONING ANALYSIS:
Justification For Rezoning - There are twenty-five (25) parcels which are currently or were formerly
residential properties. All twenty-five (25) parcels have an underlying Future Land Use Map
designation of "Commercial" as illustrated in the City's current Comprehensive Plan. The City's
previous Comprehensive Plan 1990-2010, Future Land Use Map also designated this area as
"Commercial". Out of these properties, seventeen (17) have been Rezoned to "C-l Neighborhood
Commercial". Seven (7) parcels remain Zoned as "R-l One Family Dwelling" Residential and exist
as non-compliant Zoning to the Future Land Use Map.
S.R. 434 has developed predominantly as a Commercial area and the City's Future Land Use map
shows the properties along this section of the road as Commercial also. The Zoning of the parcels,
currently R-l (One-Family Dwelling) needs to be changed to C-l (Commercial) to achieve
consistency with the Future Land Use Map designation.
The City's Attorney has advised the City Commission that Florida law requires that the zoning
classification must be consistent with the future land use designation. Since the "R-l Single Family
Dwelling" zoning is not consistent with the "Commercial" future land use designation, the City is
required by Florida law to resolve this inconsistency by Administrative action. Administrative action
means that the City is initiating the change as the applicant.
Public Facilities - The site is already developed. At this time, no changes are being proposed to the
existing development. Therefore, the proposed rezoning will have no impact on public facilities and
services. If the site later develops at maximum density, the resulting number of lots would still have
a negligible impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The proposed zoning designation
for the subject property is consistent and compatible with the surrounding land uses. No changes are
being proposed to the existing development. Existing uses permitted under "R-l" One-Family
Residential, which are not permitted under the "C-l" Neighborhood Commercial designation, can
continue as a non-conforming use under the terms and conditions of the City Code.
August 25, 2003
PUBLIC HEARING AGENDA ITEM D
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - The proposed rezoning will make the Zoning of the
properties consistent with the City's Future Land Use Map, and is consistent with the goals,
objectives and policies of the City's Comprehensive Plan.
FINDINGS:
The request is consistent with all applicable goals, objectives and policies ofthe City's adopted
Comprehensive Plan.
The request is in conformance with the purpose and intent of the City Code and with all applicable
requirements.
Considering the type and location of uses involved and the general character of the area, the request
would not result in any incompatible land uses, including such factors as height, bulk, scale,
intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of July 2,2003, the City of Winter Springs Planning & Zoning
Board heard the request for Rezoning of the seven parcels along SR 434, from "R-I" to "C-2" and
voted unanimously to recommend it to the City Commission for Public Hearing and Approval.
ST AFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading and
Adoption of Ordinance 2003-25 changing the Zoning Classification on the seven subject properties
at 406,408,410,412,420,504, & 506 East SR 434, from "R-l" to "C-l". The Rezoning should
incorporate the City Staff and the Planning & Zoning Board's Findings, as the basis for the adoption
of the Rezoning.
IMPLEMENTATION SCHEDULE:
Aug. 14,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel
Aug. 25, 2003- 2nd Reading and Adoption of Ordinance 2003-25
ATTACHMENTS:
A. Planning & Zoning Board Minutes from July 2,2003
B. Ordinance 2003-25 including Map & Legal Description
COMMISSION ACTION:
August 25,2003
PUBLIC HEARING AGENDA ITEM D
ATTACHMENT "A"
Plannin2 & Zonin2 Board Minutes from Julv 2, 2003
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
. REGULAR MEETING - JULY 2, 2003
PAGE 3 OF 5
v. REGULAR
REGULAR
A. Rezoning Petition (Ordinance 2003-20) To Change The Zoning Map From
Se~nole County. "R-1" To Winter Springs "Town Center" For The Properties
Located At 1204,1206,1208, And 1210 Orange Avenue.
Brief discussion.
"I WOULD MOVE THAT THE REZONING PETITION TO CHANGE THE
ZONING MAP FROM SEMINOLE COUNTY 'R-1' TO WINTER SPRINGS
'TOWN CENTER', FOR THE PROPERTIES LOCATED AT 1204, 1206, 1208,
AND 1210 ORANGE AVENUE, BE APPROVED." MOTION BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
REGULAR
B. Administrative Rez.oning of Seven (7) Parcels Along State Road 434 From "R-1"
to "C-1" (Ordinance 2003-25).
Chairman Brown opened the "Public Input''' portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Ms. Sahlstrom presented this Agenda Item, along with pictures of the said properties, and
advised, "There is an error I believe in the information I provided you. I said that acreage .
is approximately 12,000 square feet." Ms. Sahlstrom added, "According to the Tax'
Appraiser's information it is 6,750 square feet for these parcels, approximately."
Discussion.
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING -JULY 2, 2003
PAGE 4 OF 5
"I RECOMMEND - APPROY AL OF THE REQUEST TO CHANGE THE
ZONING CLASSIFICATION ON THE SUBJECT PROPERTIES AT 406, 408,
410,412,420,504, AND 506 EAST STATE ROAD 434 FROM WINTER SPRINGS
'RURAL 1', MINIMUM 6,600 SQUARE FOOT LOT, TO WINTER SPRINGS
'COMMERCIAL 1', GENERAL RETAIL, ORDINANCE 2003-25." MOTION BY
BOARD MEMBER KARR. SECONDED BY VICE CHAIRPERSON KREBS.
DISCUSSION.
YOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
VICE CHAIRPERSON KREBS: AYE
MOTION CARRIED.
VI. REPORTS
The Board gave thanks to "Whoever sent out the Parliamentary Procedure Basics".
Ms. Holly N. Pierstorff, Assistant to the City Clerk, Office of the City Clerk introduced
the Board's newest Secretary, Ms. No~a Pardo, Assistant to the City Clerk, Office of the
City Clerk.
Chairman Brown suggested the Planning and Zoning Board/Local Planning Agency
Board Members attend "Training Sessions" as they have in the past. . Ms. Sahlstrom said,
"I will check on that."
VII. ADJOURNMENT
Chairman Brown entertained a "Motion for Adjournment".
"SO MOYED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD
MEMBER KARR. .DISCUSSION. WITH CONSENSUS OF THE BOARD, THE
MOTION WAS APPROVED.
MOTION CARRIED.
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August 25, 2003
PUBLIC HEARING AGENDA ITEM D
ATTACHMENT "B"
ORDINANCE NO. 2003-25
August 25, 2003
PUBLIC HEARING AGENDA ITEM D
ORDINANCE 2003-25
EXHIBIT "A"
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LEGAL DESCRIPTIONS
(Seven different parcels are included).
1- Parcel #: 34-20-30-508-0800-0120 Parcel Address: 406 East SR 434
Legal Description: Lot 12 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
2- Parcel #: 34-20-30-508-0800-0110 Parcel Address: 408 East SR 434
Legal Description: Lot 11 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
3- Parcel #: 34-20-30-508-0800-0100 Parcel Address: 410 East SR 434
Legal Description: Lot 10 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
4- Parcel #: 34-20-30-508-0800-0090 Parcel Address: 412 East SR 434
Legal Description: Lot 9 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
5- Parcel #: 34-20-30-508-0800-0050 Parcel Address: 420 East SR 434
Legal Description: Lot 5 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
6- Parcel #: 34-20-30-509-0200-0190 Parcel Address: 504 East SR 434
Legal Description: Lot 19 Block 2 North Orlando Townsite 4th Addition Replat, Plat Book 14, Page 6.
7- Parcel #: 34-20-30-509-0200-0180 Parcel Address: 506 East SR 434
Legal Description: Lot 18 & W 15 feet of Lot 17, Block 2 North Orlando Townsite 4th Addition Replat,
Plat Bk 14, Page 6.
".
ORDINANCE 2003-25
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF SEVEN (7) PARCELS OF
REAL PROPERTY GENERALLY LOCATED ON EAST
STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, MORE
SPECIFICALLY DESCRIBED HEREIN, FROM "R-l ONE
FAMILY DWELLING" TO "C-l . NEIGHBORHOOD
COMMERCIAL";" PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 July 2,2003
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 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 of Winter Springs, Florida.
City of Winter Springs
Ordinance No. 2003-25
Page 1 of 3
f.
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
Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification from "R-1 One Family Dwelling" to "C-1 Neighborhood
Commercial" for the seven (7) parcels of property legally described as follows:
Parcel #: 34-20-30-508-0800-0120 Address: 406 East SR 434
Parcel #: 34-20-30-508-0800-0110 Address: 408 East SR 434
Parcel #: 34-20-30-508-0800-0100 Address: 410 East SR 434
Parcel #: 34-20-30-508-0800-0090 Address: 412 East SR 434
Parcel #: 34-20-30-508-0800-0050 Address: 420 East SR 434
Parcel #: 34-20-30-509-0200-0190 Address: 504 East SR 434
Parcel #: 34-20-30-509-0200-0180 Address: 506 East SR 434
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.
City of Winter Springs
Ordinance No. 2003-25
Page 2 of 3
Section 5.
Effective Date. This ordinance shall become effective immediately upon the
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 25thdayof August, 2003. .
Approved as to legal form.and sufficiency for
the Ci inter Springs only:
Anthony A. Garganese, City Attorney
First Reading: July' 28, 2003
Second Readmg: Augus t 25, 2003
Effective Date: See Section 5.
F:\Docs\City of Winter Springs\OrdinanceslZoning2003-25. wpd7
City of Winter Springs
Ordinance No. 2003-25
Page 3 of 3
ORDINANCE 2003.25
EXHIBIT "A"
MAP
LEGAL DESCRIPTIONS
(Seven different parcels are included).
1- Parcel #.; 34-20-30-508-0800-0120 Parcel Address: 406 East SR 434
Legal Description: Lot 12 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
2- Parcel #: 34-20-30-508-0800-0110 Parcel Address: 408 East SR 434
Legal Description: Lot 11 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
3- Parcel #: 34-20-30-508-0800-0100 Parcel Address: 410 East SR 434
Legal Description: Lot 10 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
4- Parcel #: 34-20-30-508-0800-0090 Parcel Address: 412 East SR 434
Legal Description: Lot 9 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
5- Parcel #: 34-20-30-508-0800-0050 Parcel Address: 420 East SR 434
Legal, Description; Lot 5 Block 8 North Orlando Townsite 4th Addition, Plat Book 13, Page 58.
6.. Parcel #: 34-20-30-509-0200-0190 Parcel Address: 504 East SR 434
Legal Description: Lot 19 Block 2 North Orlando Townsite 4th Addition Replat, Plat Book 14, Page 6.
7- Parcel #: 34-20-30-509-0200-0180 Parcel Address: 506 East SR 434
Legal Description: Lot 18 & W 15 feet of Lot 17, Block 2 North Orlando Townsite 4th Addition Replat,
Plat Bk ~4, Page 6.
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