HomeMy WebLinkAbout2003 06 23 Public Hearings G Second Reading - Ordinance 2003-13 Rezoning
COMMISSION AGENDA
June 23. 2003
Meeting
Consent
Information
Public Hearin2 X
Re2ular
ITEM G
MGR. fV/D;t. ~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for Second Reading/Adoption of Ordinance 2003-13 to Rezone a 4.88 acre parcel,
located at 1120 Orange Avenue, from (County) "A-I" to (City of Winter Springs) "Town Center
District".
PURPOSE:
This is an Administrative request to designate an appropriate and compatible City of Winter Springs'
Zoning Classification for a parcel which was previously annexed into the City from Seminole County,
but subsequent action was never taken to Rezone the affected parcels from Seminole County Zoning to
City of Winter Springs Zoning.
The City is initiating the change as the applicant. The property owners have been notified by certified
mail so that they are aware of the process and so that their input can be heard.
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 any way
dependent on city planning and zoning."
Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances. Section
166.041, F.S., states that a proposed ordinance shall be noticed once in a newspaper of general
circulation in the municipality at least 10 days prior to adoption and that the notice shall also advise
that interested parties may appear at the meeting and be heard with respect to the proposed
ordinance.
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June 23,2003
PUBLIC HEARING AGENDA ITEM G
CHRONOLOGY:
April 28, 2003- Property Owner Notified of Administrative Action
May 07, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval.
May 19, 2003- Adjacent property owners within 150' Notified by Certified Mail
May 21, 2003- Property posted with signage Noticing upcoming meetings
May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading
June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7, 2003 meeting.
June 09, 2003- 151 Reading of Ordinance 2003-13
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner- Wayne P. & Robin R. Roberts
Parcel Number - 26-20-30-5AR-OBOO-0060
Acreage - 4.88 Acres
General Location - The site is located at 1120 Orange Avenue on the shores of Lake Jesup.
Legal Description - LOT 6, LESS THE EAST 150 FEET THEREOF, BLK B, DR MITCHELLS
SURVEY OF THE LEVY GRANT, PB 14 PG 6
Chronology of Subiect Property - The subject property was annexed into the City on May 13, 2002 by
Ordinance 2002-03.
Existing Land Use - The property is currently used for Single Family Residential use. Adjacent existing
land uses, zoning and FLUM designations include the following:
Existing !Land Uses Zoning FLUM
I
Subject Site Single Family Residential A-I (SC) RURAL- 3 (SC)
_ ____________.____ ._____..__________ Jmax._~l?U_.P.~!..l.:,~;cres) __
North N/A (Lake Jesup) N/A N/A
._ .___._______.______._.____R__ __. __________________
South Public Park & Town Ctr District (WS) Town Ctr District (WS)
_Public Hig~~~.~~L____.___ __.__..__________.__. ___._..____________.__
East Vacant & A-I (SC) RURAL- 3 (SC)
Single Family_~esiden.!i~_L -Lmax. I DU per 3 Acres)
West Vacant & A-I (SC) RURAL- 3 (SC)
Sin le Famil Residential max. I DU er 3 Acres
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
Development Trends - The subject site is already developed as a single family home. No development
changes have been proposed.
Proposed Zoning Classification - The proposed zoning classification change from Seminole County "A-
1" to Winter Springs "Town Center District" is consistent with the general character of the area and the
site's existing land use. The site is located adjacent to the Town Center District boundary.
June 23, 2003
PUBLIC HEARING AGENDA ITEM G
Letters/Phone Calls In Favor Or Opposition - None as of May 30,2003.
REZONING ANALYSIS:
Justification For Zoning Designation - The proposed zoning designations have been determined by
evaluating the prevailing character of the area, as well as evaluating the current land use and if it is
compatible with the permitted uses for the proposed zoning classification.
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 intent in the zoning of the
property is to apply a Winter Springs zoning designation that fits within the context of the area. The
proposed zoning designation for the subject property is consistent and compatible with the
surrounding land uses.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - A land use designation for the parcels was not
included on the City's Future Land Use Map, because the parcels were annexed into the City.
Therefore, consistency with the City's Future Land Use Map is not applicable.
FINDINGS:
The request is consistent with all applicable goals, objectives and policies of the 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 May 7, 2003, and June 4, 2003, the City of Winter Springs
Planning & Zoning Board (LPA) heard the request for Rezoning of the Roberts property located at
at 1120 Orange Avenue, from (County) "A-I" to (City of Winter Springs) "Town Center District"
and voted unanimously to recommend it to the City Commission for Public Hearing and Approval.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second Reading/Adoption of
Ordinance 2003-13 to change the Zoning Classification on the subject property at 1120 Orange
Avenue, from (County) "A-I" to (City of Winter Springs) "Town Center District". The Rezoning
should incorporate the City Staff and the Planning & Zoning Board's Findings, as the basis for the
adoption of the Rezoning.
June 23, 2003
PUBLIC HEARING AGENDA ITEM G
IMPLEMENT A TION SCHEDULE:
June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel
June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-13
ATTACHMENTS:
A. Winter Springs "Town Center" permitted uses compared to Seminole County "A-I"
B. Ordinance 2003-13 including Map & Legal Description
COMMISSION ACTION:
June 23, 2003
PUBLIC HEARING AGENDA ITEM G
ATTACHMENT "A"
Town Center District Permitted Uses (uses permitted in the "A_1" County Zoning are in bold)
Administrative public buildings;
Adult congregate living facility;
Advertising agencies;
Alcoholic beverage sales (package);
Alcoholic beverage on-premises consumption;
Alterations and tailoring;
Amusement enterprises, private commercial;
Antique and gift shop;
Amusement enterprises, private commercial; .
Appliances, sales and service;
Artists'studios;
Automotive accessories sales;
Bakery, wholesale and retail;
Bathroom accessories;
Bed and breakfast inn;
Bicycles, sales and service;
Bookstores, stationery, newsstands;
Bookkeepers;
Butcher shop, retail only;
Carpets. rugs and linoleum;
Churches (with or without educ. & rec. bldgs/facilities);
Cleaners;
Coin dealers;
Computers, hardware, and software sales and service;
Confectionery and ice cream stores;
Convention center;
Corner store or neighborhd convenience store w/o gas pumps;
Dance and music studios;
Day nurseries, kindergartens and day care;
Drug and sundry stores;
Employment agencies;
Financial institutions, banks, savings and loan;
Florist and gifts shops;
Furniture, retail, new and used;
Government service facilities;
Grocers, retail and wholesale;
Gun shop;
Hardware stores;
Health food;
Hobby and craft shops;
Home occupations;
Hospitals and nursing homes;
Hotel;
Hypnotists;
Inn;
Insurance;
Interior decorating and draperies;
Jewelry stores;
Libraries;
Loan companies;
Locksmiths;
Luggage shops;
Manufacturing & assembly of scientific & optical precision instrmnts;
Markets and stores, small (Not exceeding 20,000 square feet);
Medical clinics and laboratories;
Municipal Buildings;
Nurseries, plants, trees, etc., Retail & wholesale;
Nursing Homes;
Offices;
Outdoor signs sales offices;
Paint store;
Parking garages;
Parks and public recreation areas & facilities;
Pet shops and grooming;
Photographic studios;
Physical fitness and health clubs;
Post office;
Private clubs and lodges;
Public restrooms;
Public utilities and service structures;
Quick printers;
,Radio and TV broadcasting studios, excluding towers;
Radio and TV sales and service;
Rental stores;
Retirement homes, including independent living through assisted .Iiving;
Residential, single family (attached and detached);
Residential, multifamily;
Restaurants;
Schools, service and vocational schools (such as cosmetology, medical and dental assistant's training);
Shoe repair shops;
Sidewalk cafes;
Snack shops;
Sporting goods, retail;
Tailoring shops;
Taxidermists;
Telephone business office and exchanges;
Theaters, not drive-ins;
Title companies;
Tobacco shops;
Town Center marketing and sales center;
Toy stores;
Trail heads;
Travel agencies;
Wearing apparel stores;
Any other similar retail store or business enterprise not listed, that in the judgment of the development
review committee is not specifically limited to other zoning districts within the City and is consistent with
those included above, and further, that will be in harmony with the spirit of the Winter Springs Town
Center Master Plan.
(b) Uses permitted by special exception only.
Automobile repair shops (routine service);
Bowling alleys;
Bus terminal;
Car wash;
Corner store or neighborhood convenience store with gas pumps;
Equestrian facilities;
Gas stations;
Launderettes and Laundromats;
Printers, commercial;
Schools, private and parochial;
Skating rinks;
Stadiums and arenas;
Swimming pools; sales service and supplies;
Vet~rinary clinics <no overnight boarding);
(Ord. No. 707, 9 1(Exh. A), 6-12-00)
Seminole County "A-1" Permitted Uses (Not permitted in the Town Center District)
Citrus or other fruit crops cultivation, production and horticulture.
Truck Farms.
Poultry and livestock production, excluding commercial swine raising, except as otherwise provided within
the district.
Grazing and pasturing of animals.
Roadside stands for the sale of fruits, vegetables, and similar products produced on the premises,
provided such stand is placed no closer than twenty-five feet to a property lien.
Fish hatcheries or fish pools, when approved in accordance with all applicable federal, state and county
regulations and laws.
Bait production. .
Stables, barns, sheds, silos, granaries, windmills, and related agricultural structures.
Dairies.
Apiculture.
Siliviculture including timber production.
June 23, 2003
PUBLIC HEARING AGENDA ITEM G
A TT ACHMENT "B"
ORDINANCE NO. 2003-13
ORDINANCE 2003-13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
GENERALLY LOCATED AT 1120 ORANGE A VENUE,
WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORA TED HEREIN BY THIS REFERENCE, FROM
SEMINOLE COUNTY "A-I" TO CITY OF WINTER SPRINGS
"TOWN CENTER DISTRICT"; 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 its May 7,2003 and June 4,2003 meetings; 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.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2003-13
Page 1 of 3
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 Seminole County "A-I" to City of Winter Springs "Town
Center District" 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 2003-12 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2003-12 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2003-13
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2003.
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:
F:\Docs\City of Winter Springs\Ordinances\Zoning2003.13.wpd7
City of Winter Springs
Ordinance No. 2003-13
Page 3 of 3
June 23,2003
PUBLIC HEARING AGENDA ITEM G
EXHIBIT "A"
MAP
N ~
~E
S
LEGAL DESCRIPTION
LOT 6, LESS THE EAST 150 FEET THEREOF, BLOCK B,
D.R. MITCHELLS SURVEY OF THE LEVY GRANT, PB 14 PG 6