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Home My WebLink About2003 06 09 Public Hearings H First Reading - Ordinance 2003-13 Rezoning COMMISSION AGENDA June 9. 2003 Meeting Consent Information Public Hearini! X Rei!ular ITEM H MGR. j1- IDept. //'f/ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for First Reading 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 ofthe 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. ~ @ June 9, 2003 PUBLIC HEARING AGENDA ITEM H 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 151 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- 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 J esup. Legal Description - LOT 6, LESS THE EAST 150 FEET THEREOF, BLK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 14 PG 6 Chronology ofSubiect 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) _____________________.________.__.___..__..___..____..__________.__._____.._.____..__..~~__!...Q_ld:..P~!:l_~~!_~~L__ North N/A (Lake Jesup) N/A N/A South Public Park & Town Ctr District (WS) Town Ctr District (WS) .._______...__ ~~..!i~.!!.~g!!..~~!1.~~.L____.. ......_._.__..___...._...__....._.._____._,_._ -.-.....--.-----..----.....--.------------.--- East Vacant & A-I (SC) RURAL- 3 (SC) _ Sing!~ F~~..~esidential _ _______..___..___.__..__ _J~~Q.!:J....Eer }~.!~~__ West Vacant & A-I (SC) RURAL- 3 (SC) Sin Ie Famil Residential max. 1 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. Letters/Phone Calls In Favor Or Opposition - None as of May 30, 2003. June 9,2003 PUBLIC HEARING AGENDA ITEM H REZONING ANALYSIS: Justification For Zoning Designation - The proposed zoning designations have been detennined by evaluating the prevailing character of the area, as well as evaluating the current land use and if it is compatible with the pennitted 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 confonnance 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 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 First Reading 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 adoptiontof the Rezoning. June 9, 2003 PUBLIC HEARING AGENDA ITEM H IMPLEMENT ATION SCHEDULE: June 09, 2003- 1st Reading of Ordinance 2003-13 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. Planning & Zoning Board Minutes from May 7, 2003 B. Ordinance 2003-13 including Map & Legal Description COMMISSION ACTION: June 9, 2003 PUBLIC HEARING AGENDA ITEM H ATTACHMENT "A" Plannin!! & Zonin!! Board Minutes from May 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 6 OF 9 . I !. ; Pc;t . .., ~ ... ~ ~ L--.J I __ VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. "I MOVE THAT WE CHANGE THE ZONING CLASSIFICATION FOR THE ROBERTS PROPERTY, OF 4.88 ACRES, FROM SEMINOLE COUNTY 'A-I' TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BECAUSE IT IS CONSISTENT WITH THE GENERAL CHARACTER OF THE AREA AND THE SITE'S EXISTING LAND' USE AND IS ADJACENT TO THE TOWN CENTER DISTRICT BOUNDARY." MOTION BY BOARD MEMBER KARR. SECONDEDED BY BOARD MEMBER FERNANDEZ. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Ms. Sahlstrom presented the "V oska" Property and recommended that the Future Land Use Map (pLUM) be changed from "Commercial" Seminole County to "Commercial" Winter Springs and rezoned from "C-2" Seminole County to "C-2" Winter Springs. Mr. Ned Voska, 1466 Whitehall Boulevard, Winter Springs, Florida: spoke of Permitted Uses and Conditional Uses. Discussion. "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD PASS THIS ON TO THE CITY COMMISSION AS A CHANGE IN ZONING FROM 8Eil'rr;-';GLE COUNTY; TIllS IS FOR TIlE V08-IiA-PROPERTY, FR6M-- SEMINOLE COUNTY 'C-2' TO WINTER SPRINGS 'C-2' BECAUSE IT IS CONSISTENT WITH THE GENERAL CHARACTER OF THE AREA AND THE SITE'S EXISTING LAND USES." MOTION BY BOARD MEMBER KARR. BOARD MEMBER FERNANDEZ SAID, "WE HAVE BEEN ADVISED BY THE .CITY ATTORNEY THROUGH STAFF PRESENT THAT THE PROPERTY IS CURRENTLY GRAND FATHERED FOR ITS EXISTING USES INCLUDING THE MOTOR VEHICLE REPAIR SHOP AND BAKERY OR RESTAURANT. THAT IT WILL CONTINUE TO BE ALLOWED TO HAVE THAT DESIGNATION IN CHARACTER OR USE UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) CONSECUTIVE MONTHS. FURTHER,'THAT THE PROPERTY CAN BE CONVEYED OR TRANSFERRED, ASSIGNED, OR SOLD ~ ~,~ h . Jr rU,Q . '~~t June 9, 2003 PUBLIC HEARING AGENDA ITEM H ATTACHMENT "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 LOCA TED AT 1120 ORANGE AVENUE, WINTER SPRINGS, FLORIDA, LEGALLY DESCRlBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED 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 9, 2003 PUBLIC HEARING AGENDA ITEM H EXHIBIT "A" MAP N ~ fE 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