HomeMy WebLinkAbout2004 03 22 Public Hearings 402
COMMISSION AGENDA
March 22, 2004
Meeting
Consent
Information
Public Hearing X
Regular
Mg!'. /1-1 Dept. /~
Authorization
ITEM 402
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a Public Hearing for 2nd Reading! Adoption of Ordinance 2004-14 which rezones 3.7
acres (more or less), located at 1112 Orange Avenue from "A-I" Agricultural (Seminole County) to
"Town Center" (City of Winter Springs).
PURPOSE: The purpose ofthis request is to consider the request of Luis R & Maria Esteves for a
Rezoning of their property at 1112 Orange Avenue, which was recently annexed from Seminole
County.
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including
rezoning ordinances).
Winter Sprim:~s Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter SpriD!.!s 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.
Winter Sprin2s Section 20-102 (d) Rezonin2 application~ procedures~ standards of review.
(The following fourteen (14) standards were recently added to the Code when Sections 20-101 and
20-102 were amended on January 26, 2004. These provide detailed standards for reviewing a
rezoning application.)
Any party may request consid~ration for rezoning by submitting a completed Rezoning Application
to the Community Development Department- Planning Division along with the items required to be
W
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
supplied at the time of application, including payment of any associated fees as established by
resolution or ordinance ofthe city commission. After the application is submitted, the planning and
zoning board shall review the application at its next regularly scheduled meeting and shall forward
its recommendations to the city commission. Subsequent to receiving the recommendations of the
planning and zoning board, the city commission shall determine whether it will approve, approve,
with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for
compliance with the following standards:
(1) The proposed rezoning change is in compliance with all procedural requirements established
by the city code and law;
(2) The proposed rezoning change is consistent with the city's comprehensive plan including, but
not limited, to the Future Land Use Map and the proposed change would not have an adverse effect
on the comprehensive plan;
(3) The proposed rezoning change is consistent with any master plan applicable to the property;
(4) The proposed rezoning change is not contrary to the land use pattern established by the city's
comprehensive plan;
(5) The proposed rezoning change would not create a spot zone prohibited by law.
(6) The proposed rezoning change would not materially alter the population density pattern in a
manner that would overtax the load on public facilities and services such as schools, utilities,
streets, and other municipal services and infrastructure;
(7) The proposed rezoning would not result in existing zoning district boundaries that are
illogically drawn in relation to existing conditions on the property and the surrounding area and the
land use pattern established by the city's comprehensive plan.
(S) Changed or changing conditions make the proposed rezoning necessary.
(9) The proposed rezoning change will not seriously reduce light or air to adjacent areas;
(10) Should the city be presented with competent substantial evidence indicating that property
values will be adversely affected by the proposed rezoning, the applicant must demonstrate that the
proposed rezoning change will not adversely affect property values in the surrounding area;
(11) The proposed rezoning will not be a substantial detriment to the future improvement of
development of vacant adjacent property;
(12) The proposed rezoning will not constitute a grant of special privilege to an individual owner
as contrasted with the public welfare;
(13) The proposed rezoning change is not out of scale or incompatible with the needs of the
neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations adopted by the
city;
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionalitv of the
principles of zonin2).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Jan. 16,2004- Application Received
Feb. 9,2004- 2nd Reading of Ordinance 2004-09, Annexing the parcel into the City
Feb. 19,2004- P& Z Board heard the request and made recommendation to the Commission
Mar. S, 2004- City Commission 1 st Reading of Ordinance 2004-14
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
CONSIDERATIONS:
Applicant - Luis R. & Maria F. Esteves; 1121 Arbor Glen Circle; Winter Springs, Florida 32708
Owner - Luis R. & Maria F. Esteves
Parcel Number - 26-2-30-5AR-OBOO-007 A
Acreage - approx. 3.7 acres
General Location - The site is located at 1112 Orange Avenue, immediately north of Central Winds
Park.
Legal Description - East 1/2 of Lot 7, Block B, D.R. Mitchell's Survey ofthe Levy Grant on Lake
Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida.
Chronology of Subiect Property - The subject property was annexed into the City on February 9,
2004, by Ordinance 2004-09.
Existing Land Use - The site has a rented one-story single family residence. The County Future
Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses,
zOlling and FLUM designations include the following:
Existing Land Uses I Zoning FLUM
I
Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and
------------- .---_.._..___..______._____________....__._.___.____._______._.____._._.._.__ .._~_<?..Il..:!~~~.!'i.~!1c..c~_9_L___...____..__
North Lake Jesup
------------------.----.-----..---------.-.,--------.--.----.--.-.-----.-.--.--.--.-.-.--.--.-.---.--.--.-.-.-.-.----..--
South Recreation (Central Winds Town Center (WS) Town Center (WS)
-~~&_-------_._.__._--- .-----.--------.-------.---.-----. ------------...---.-..
Single Family Residential Town Center (WS) Town Center (WS)
--.--------.----.-.-.---.-.---.-, .------------.--..-----.-- -.--.-----.-------.-.--.-.-.-.-.---.
Single Family Residential A-I Agricultural (SC) Suburban Estates (SC)
East
West
(WS) Winter Springs; (SC) Seminole County
Development Trends - The site currently has a frame barn and a one-story residence. No changes
are being proposed at this time.
Letters/Phone Calls In Favor Or Opposition - None.
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 P1an- 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. A land use designation for the parcel was not included on the City's Future
Land Use Map, because the parcel was annexed into the City.
(3) Consistent with any Master Plan for the property- The property is not part of a Master Plan.
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
(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; The
3.7 acre parcel is located immediately north of Central Winds Park, which is also zoned "Town Center".
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation
of this parcel as anything other than "Town Center" could be considered "spot zoning" which is
prohibited by law.
(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);
(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 ofthe
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 (new) fourteen (14) review standards
included in Section 20-102 were satisfied.
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
PLANNING & ZONING BOARD RECOMMENDATION:
At a special meeting of the Planning and Zoning Board held on February 19,2004, the Board heard
the request for the Rezoning ofthe parcel at 1112 Orange Avenue and voted unanimously to
Recommend approval to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for 2nd Reading! Adoption of
Ordinance 2004-14, which changes the Zoning classification on the subject property at 1112 Orange
Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Mar. 11,2004- Public Noticing in Orlando Sentinel of Public Hearing for 2nd & Final Reading
Mar. 22, 2004- City Commission 2nd Reading of Ordinance 2004-14
ATTACHMENTS:
A. Planning And Zoning Board Minutes from February 19, 2004
B. Ordinance 2004-14 including Map & Legal Description
COMMISSION ACTION:
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
Excerpts from P&Z Minutes of Feb. 19, 2004
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARM..OCAL PLANNlNC AGENCY
SPECIAL MHImNG
nIURSDAV. FEBRUARY 19.2004
tJ
Cr
tmn.1C HiA.RJNGS
B. CODlDlunity DeveloplIlfnt Department n Plauaine DiYbion
Requests The PII1"'Ula AlId l..oDing &...d Hold A Publk Se...Jng Remted 10
Ordinanu 2004-14 '\VhJcb Re.xoaes 3.7 Aeres (More Or Las)., Looawd At l11Z
Oranle Avenue From "A-I" Agriculttlral (Seminole County) To "Town Center"
~ Of Wiater 8prltlgs). _.'_'_~__
ChfJi1pB~()" Krebs Opllned the "Public Input*' P()ttiOtl ofthiJ Agenda Itern.
CITY Of wnm:.1t. !lPRlNGS
QflMT UNI\FP.ROVfD MINUfEg
PlJJfHJNC Al'lD ZONING BOAIlDILO(:Al. PUN~ING AGI:~C\'
Sf'f.ClAL MBSTrNO - fHBRUAil Y 19, 2004
PAOE 3 OF 4
No one spoke.
Chairperst;llt Krebs closed IRe "Publtc InpuJ'. portion oj'tfti8 Agenda Item.
Ms. Sahlstrom introduced che Aienda hem. DiscwWOClt.
let 119i4t D
"1 MOVE THAT WE RECOMMEND TO rHE CITY COMMlSSlON
CHANGING THE WNING S1JBJECF PROPERTY OF 1112 ORANGE AVENUE
FROM 'A-I' AC!UCULl'URAL SEMINOI.I; COUNTY TO THE 4yOWN
CENTER' BASED UPON THAT IT MET THE FOURTEEN (14) Fll\1>INGS
THAT WERE EST.ABUSBED lBROUGR TIlE CIn'.~ ManON BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER BROWN.
CHAIRPERSON KREBS STATED. "BOARD MEMBER POE - MADE A
RECOMMENDATION TO ACCEPT BASICALLY STAFF'S
RECOMMENDATION AND IT WAS SECONDED BY -BOARD MEMBER
BROWN." DISCUSSION.
VOTE.
VICE CHAIRPERSON KAJm: AYE
BO.ARDMEMURBROWN: AYE
BOARD MEMBER VOSKA: NAY
BOARDMEMBERPOE; An
CHAIRPERSON KIOtBS: AYE
~
c(
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ORDINANCE 2004-14
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNA TION OF THE REAL PROPERTY
LOCA TED AT 1112 ORANGE A VENUE IN WINTER
SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT
"A," ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "A-l AGRICULTURAL" TO CITY OF WINTER
SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, SEVERABILITY,AND 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 their February 19, 2004 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 patties 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 Splings' Comprehensive Plan and that sufficient, competent, and substantial evidence
supports the zoning change set fOlth 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. 2004-14
Page I of 3
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
Recitals.
The foregoing recitals are tme and correct and are fully
incoqJOrated herein by this reference.
Sed.ion 2.
Zoning lVlap Amendment. The Ofncial Zoning Map of the City of Winter
Splings as described in City of Winter Splings Code Section 20-102 is hereby amended to include
a change of classitlcation from Seminole County "A-I Agricultural" to City of Winter Springs
'Town Center District" Jar the propelty legally described on Exhibit "A/' which is attached and
incoq)orated 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 Resolut.ions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts at' ordinances and
resolutions in conl1ict herewith, are hereby repealed to the extent of the contlict.
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
competentjUlisdictioll, 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.
Sect.ion 5.
Effective Date. This Ordinance shall become effective illllllediately upon
the efFective date of Ordinance 2004-13 as adopted by the City Commission ofthe City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-13 does not become etJective,
then this Ordinance shall become null and void.
Cit)' of Winter Springs
Ordinance No. 2004-14
Page- 2 of 3
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the
day of
,2004.
John If. 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:
G:\Do<:s\City of WinllOr Springs\Ordinance,.lZoning2004-14. wpd7
City of Winter Springs
Ordinance No. 2004-14
Page 3 of 3
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ORDINANCE NO. 2004-14
EXHIBIT" A"
LOCATION MAP
Lake Jesup
SUBJECT SITE
LeQal Description: A portion of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant
on Lake Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County,
Florida, being more particularly described as follows:
Metes & Bounds Description: Commence at a #4 rebar at the Southwest Corner of Lot
7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat
Book 1, Page 5, Public Records of Seminole County, Florida; Thence run along the South
Boundary line of said Lot 7, North 90 degrees 00' 00" East 250.80 feet to a #4 rebar and
cap #2259 at the Point of Beginning (P.D.B.) of this description; departing aforesaid South
Boundary line Thence North 00 degrees 28' 00" East 642.83 feet to a #4 rebar, located
South 00 degrees 28'00" West 40 feet, more or less, from the meander line and the
water's edge along Lake Jessup, and also being the Point of Beginning (P.D.B.) of the
survey closure line; Thence along said line South 38 degrees 32' 51" East 400.00 feet to
a #5 rebar at the Point of Termination (P.D.T.) on the East boundary line, located South
00 degrees 28' 00" West 310 feet, more or less from said meander line and the water's
edge of Lake Jessup; thence along East Boundary line South 00 degrees 28'00" West
330.00 feet to a 4"x4" concrete monument #2005 at the Southeast Corner of
March 22, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
ORDINANCE 2004-14
EXHIBIT "A"
aforesaid Lot 7; departing said line thence along said South Boundary line North 00
degrees 00'00" East 251.80 feet to a #4 rebar and cap #2259 at the Point of Beginning
(P.O.B.).. .including all lands lying between the survey closure line herein described and
the meander line and the water's edge of Lake Jessup herein described, which lie
between true extensions of the West and East Boundary lines of the parcel herein
described, said parcel containinq 3.7 acres. more or less. Bearings are based on the
Orange Avenue.