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HomeMy WebLinkAbout2003 06 09 Public Hearings F First Reading - Ordinance 2003-11 Rezoning COMMISSION AGENDA June 9. 2003 Meeting Consent Information Public Hearine: X Re2ular ITEM F MGR. ~Dept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for first reading of Ordinance 2003- 11 to Rezone two 4.55 acre parcels, located on Orange A venue, immediately north of the high school, 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. LM ~ June 9, 2003 PUBLIC HEARING AGENDA ITEM F CHRONOLOGY: April 28, 2003- Property Owner Notified of Administrative Action May 07,2003- Planning & Zoning Board (LPA) 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 1 st Reading June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting. CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner- Chanh Q. & Ngan M. Nguyen Parcel Numbers - 26-20-30-5AR-OBOO-0150 & 26-20-30-5AR-OBOO-015A Acreage - 4.55 Acres for each parcel General Location - The site is located between Orange Avenue and the Winter Springs High School. Legal Descriptions - West Parcel- WEST ~ OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. East Parcel- EAST ~ OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. Chronology ofSubiect Property - The subject property was annexed into the City on November 25,2002 by Ordinance 2002-26. A Development Agreement related to on-site repairs to a borrow pit, received approval from the City Commission on March 24, 2003. Existing Land Use - The property is currently vacant. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zon ing FLUM I Subject Site Vacant A-I (SC) RURAL- 3 (SC) -.------- ,____~.____.__.___..__'.___.MM_M..M____..._, ".,~-_..._........._--_._------------_..._..._.- ._~~~.LQU_p~!.L~~~_~_ North Vacant & A-I (SC) RURAL- 3 (SC) ---- _.~J!1~l~I~~_l.~J~.~!.~~!1~~L .....__._~._.____._~.~__.M..__._______._.. __{~~~.LPl!.E_t:r.}_~.~~~_~__ South Public High School Town Ctr District (WS) Town Ctr District (WS) 1-. --- ------......---...--....-......-----.-..--- "---..-.----.-----------..... ....~._-_....._.__._._-----_..._._._._._-_. East Single Family Residential A-I (SC) RURAL- 3 (SC) __R____________....____ --,..-- (max. 1 DU per 3 Acres) West Public Park Town Ctr District (WS) Town Ctr District (WS) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Development Trends - The subject site is vacant. No development changes have been proposed, other than approval of the repairs to the borrow pit. June 9, 2003 PUBLIC HEARING AGENDA ITEM F 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. The site is located adjacent to the current Town Center District boundary. 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 ifit is compatible with the permitted uses for the proposed zoning classification. Public Facilities - The site is undeveloped. 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 (LP A) heard the request for Rezoning of the Nguyen property located on Orange A venue immediately north ofthe high school from "A-I" (Seminole County) to "Town Center District" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. June 9, 2003 PUBLIC HEARING AGENDA ITEM F STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance 2003- 11 to change the Zoning Classification on the subject property located on Orange Avenue, immediately north of the high school, from "A-I" (Seminole County) to "Town Center District" (City of Winter Springs). The Rezoning should incorporate the Staffand the Planning & Zoning Board's Findings, as the basis for the adoption of the Rezoning. IMPLEMENTATION SCHEDULE: June 09, 2003- 1 st Reading of Ordinance 2003-11 June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-11 ATTACHMENTS: A. Planning & Zoning Board Minutes from May 7, 2003 B. Ordinance 2003-11 including Map & Legal Description COMMISSION ACTION: June 9, 2003 PUBLIC HEARING AGENDA ITEM F ATTACHMENT "A" PlanniDl! & Zonin!!: Board Minutes from Mav 7~ 2003 (Minutes from June 4, 2003 will be provided as a supplement when available) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 7,2003 PAGE 4 OF 9 VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARDMEMBERKARR: AYE MOTION CARRIED. Next, Ms. Sahlstrom presented her comments on the "Nguyen" Property and recommended that the property be changed from "Rural 3" Seminole County to "Town Center District" Future Land Use and recommended rezoning from "A-l" Seminole County to "Town Center District." Discussion. . Tape 2/Side a Mr. H. Martin Neiswander, 1156 Orange Avenue, Winter Springs, Florida: addressed his location in Seminole County and questioned how his land would be Zoned were he to Annex into the City. Discussion. "I'LL MAKE A MOTION THAT THE NGUYEN PARCELS, ALL 100% OF LOT 15, - THAT THE CITY COMMISSION CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM 'RURAL 3' SEMINOLE COUNTY - TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT THAT IT MEETS OUR GOALS, OBJECTIVES AND POLICIES IN THE COMP PLAN [COMPREHENSIVE PLAN], THAT IT IS IN CONFORMANCE WITH THE. PURPOSE AND INTENT OF THE CITY CODE. AND APPLICABLE REQUIREMENTS AND THAT BASED ON ITS LOCATION AND ITS USE AND THE GENERAL CHARACTER OF THE SURROUNDING LANDS THAT IT IS NOT NECESSARILY INCOMPATIBLE WITH SUCH LAND USES WHICH INCLUDES THE HEIGHT. BULK. SCALE. INTENSITY, TRAFFIC. NOISE, DUST, DRAINAGE, LIGHTING, APPEARANCE AND OTHER FACTORS THAT PEOPLE DO DEEM IMPORTANT. BASED ON THOSE FINDINGS I MAKE THE RECOMMENDATION TO CHANGE IT TO THE TOWN CENTER DISTRICT." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED ~ i!d. IU ~ -- ~ -=: ~ ~~ l\y,3 O~i" CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY . REGULARMEETING-MAY7,2003 PAGE 5 OF 9 "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY CHANGE THE ZONING ON SITE TWO (2) THAT IS 100% OF LOr 15 BOTH THE EAST AND THE WEST PARCELS, TWO PARCELS. IT IS CURRENTLY AS PREVIOUSLY STATED 'A-I' IN SEMINOLE COUNTY AND WE WANT TO BRING IT INTO THE CITY UNDER THE ZONING OF 'TOWN CENTER' AGAIN BASED ON THE FINDINGS PREVIOUSLY STATED." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE CHAlRMANBROWN: AYE MOTION CARRIED. Board Member Bill Fernandez suggested, "It would be nice if these maps were in color." Ms. Sahlstrom responded, "I'll do that next time." Ms. Sahlstrom presented Staffs recommendation for the "Roberts" Property to be changed from "Rural 3" Seminole County to "Town Center District" and the rezoning from "A-I" Seminole County to "Town Center District." "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY CHANGE THE FLUM [FUTURE LAND USE MAP} DESIGNATION FROM 'R-3' IN SEMINOLE COUNTY TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT THAT I HAVE PREVIOUSLY RECITED - ROMAN NUMERIAL III ON PAGE 7." MOTION BY BOARD MEMBER FERNANDEZ. MOTION DIED FOR LACK OF A SECOND. Commissioner David w: McLeod arrived at 8: 51 p.m. ~ ~~- ." I'-~ ~ '" .- --- j t.:-'!.J Il :t "I MAKE A MOTION WE RECOMMEND TO THE CITY COMMISSION THAT WE CHANGE THE FUTURE LAND USE MAP DESIGNATION OF THE. ROBERTS PARCEL, 4.88 ACRES, FROM; 'RURAL 3' TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINI)INGS OF FACT AS PREVIOUSLY FOUND. IT MEETS THE COMPREHENSIVE PLAN. IT MEETS THE CITY CODE AND ORDINANCES; IT IS NOT INCOMPATIBLE BASED ON THE SURROUNDING USES." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. ~rlQ'Yj o June 9, 2003 PUBLIC HEARING AGENDA ITEM F ATTACHMENT "B" ORDINANCE NO. 2003-11 ORDINANCE 2003-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS OF 4.55 ACRES EACH, MORE OR LESS, GENERALLY LOCATED ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRlBED ON EXHmIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY TillS 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. 2003-11 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 2003-10 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2003-10 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2003-11 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\Zoning2003-11. wpd7 City of Winter Springs Ordinance No. 2003-11 Page 3 of 3 June 9, 2003 PUBLIC HEARING AGENDA ITEM F EXHIBIT "A" MAP N ~ W*E s LEGAL DESCRIPTIONS West Parcel- WEST Y2 OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. East Parcel- EAST Y2 OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5.