HomeMy WebLinkAbout2004 07 12 Public Hearings 403
COMMISSION AGENDA
JuLY 12, 2004
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 403
MGR. ~ (DEFT Iff
Authorization
REQUEST: The Community Development Department - Planning Division requests Commission
hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-17, which rezones 8.56
acres (more or less), located at 1181 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 Guy Ferlita Trustee
(property owner) & Thomas Corkery (applicant) for Rezoning of the property at 1181 Orange
Avenue, which was recently annexed from Seminole County.
APPLICABLE LAW AND PUBLIC POLICY:
Euclid v. Amber Rea/tv Co. .272 U.S. 365 (1926) (upholdine the constitutionality of the
principles of zonine).
Florida Municipal Home Rule Powers Act.
Section 166.041, F.S. (Procedures for adoption of ordinances and resolutions including rezoning
ordinances).
Winter Sprines Charter Section 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Sprines Section 20-28. Actions to alter. etc. States that rezoning applications shall be
presented to the Planning and Zoning Board for their consideration and recommendation to the City
Commission.
Winter Sprines 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.
~
July 12,2004
PUBLIC HEARING AGENDA ITEM 403
Winter Sprines Section 20-102 (d) Rezonine application~ procedures~ standards of review.
Fourteen (14) standards were 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.
CHRONOLOGY:
ApI. 23, 2004-Application Received
May 24, 2004- 2nd Reading of Ordinance 2004-15, Annexing the parcel into the City
June 2, 2004- P& Z Board (LP A) heard the request and recommended "Approval" to the
Commission
June 28, 2004- 1 st Reading of Ordinance 2004-17
July 1,2004- Public Noticing in Orlando Sentinel of Public Hearing
CONSIDERATIONS:
Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay
Woods LLC; 1085 W. Morse Blvd., Suite A; Winter Park, Florida 32789
Owner - Guy Ferlita Trustee
Parcel Number - 26-20-30-5AR-OBOO-0 160
Acreage - approx. 8.56 acres
General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs
High School.
Legal Description - Lot 16, Block "B" of MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida.
Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004,
by Ordinance 2004-15.
Existing Land Use - The site has a one-story single family residence, a shed and a well. The County
Zoning designation is A-I Agricultural. Adjacent existing land uses, zoning and FLUM
designations include the following:
, I
I ,
Existing Land Uses Zoning FLVM
I I
Subject Site
North
South
Single Family Residential
A-I (SC)
Suburban Estates (SC) and
Conservation (SC)
East
West
Lake Jesup
Public School (Winter
Springs High School)
Single Family Residential
Vacant; Borrow Pit
Town Center (WS)
Town Center (WS)
Town Center (WS)
Town Center (WS)
Town Center (WS)
Town Center (WS)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The site currently has a one-story residence. The applicant wishes to
develop this site along with the Nguyen site to the west into townhomes.
July 12, 2004
PUBLIC HEARING AGENDA ITEM 403
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 Plan- 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.
(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
8.56 acre parcel is located immediately north of Winter Springs High School, 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 Necessarv- 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 of the
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
July 12,2004
PUBLIC HEARING AGENDA ITEM 403
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.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board/Local Planning Agency on June 2,2004, the
Board held a Public Hearing and voted 3-1 recommending "Approval" to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for Second Reading and
Adoption of Ordinance 2004-17, which changes the Zoning classification on the subject property at
1181 Orange Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter
Springs).
ATTACHMENTS:
A. Ordinance 2004-17 including Map & Legal Description
B. Draft Minutes of the Planning and Zoning Board Meeting
COMMISSION ACTION:
July 12, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A
ORDINANCE 2004-17
ORDINANCE 2004-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING A PARCEL TOTALING 8.558 ACRES
MORE OR LESS AND LOCA TED AT 1181 ORANGE
A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "A-I" TO CITY OF WINTER SPRINGS "TOWN
CENTER"; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITV, 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 June 2, 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 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:
Cily of Winler Springs
Ordinance No. 2004-17
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" for the property legally described on Exhibit "\," 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 2004-16 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-16 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2004-17
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
,2004.
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:
G:\Docs\Cily of Winter Springs\Ordinances\Zoning2004-17. wpd7
Cily of Winter Springs
Ordinance No. 2004-17
Page 3 of 3
July 12, 2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT A
ORDINANCE NO. 2004-17
EXHIBIT "A"
LOCATION MAP
Lake Jesup
LEGAL DESCRIPTION:
Lot 16, Block uB" of MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according
to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County,
Florida.
More particularly described as follows:
METES & BOUNDS DESCRIPTION:
BEGIN at the Northeast corner of Lot 16, Block uB" of MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5 of
the Public Records of Seminole County, Florida; thence run South 18035'40" West, along the East
line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run
North 71025'29" West, along the South line of said Lot 16, for a distance of 500.72 feet to the
Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot
16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the
North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right
of way) the following three courses: South 71056'39" East, for a distance of 96.52 feet; South
69021 '54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to
the POINT OF BEGINNING.
Contains 8.558 acres, more or less.
July 12,2004
PUBLIC HEARING AGENDA ITEM 403
ATTACHMENT B
Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 2, 2004
PAGE 6 OF 12
Ms. Sahlstrom stated, "The applicant is [Mr.] Tom Corkery who is actually the same
person who - had before you [Board Members] on the Barclay Woods project. He is the
Developer. "
"I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE
CITY COMMISSION A MOTION RELATED TO ORDINANCE 2004-16 WHICH
ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND
CHANGES THE FUTURE LAND USE DESIGNATION FROM THE SUBJECT
PROPERTY AT 1181 ORANGE AVENUE, FROM SEMINOLE COUNTY
'SUBURBAN ESTATES' AND 'CONSERVATION' TO THE CITY OF WINTER
SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY'." MOTION
BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN.
DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER POE: AYE
MOTION CARRIED.
Discussion.
PUBLIC HEARINGS
Community Development Department - Planning Division
D. Requests The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing Related To Ordinance 2004-17 Which Rezones 8.56 Acres (More Or
Less), Located At 1181 Orange Avenue From "A-I" Agricultural (Seminole
County) To "Town Center" (City Of Winter Springs).
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom presented the Agenda Item. Discussion.
Ms. Sahlstrom stated, "I do believe this is very appropriate for the 'Town Center'.
Tape 2/Side A
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 2, 2004
PAGE 7 OF 12
"I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND
CHANGING ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT
1181 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY
TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER POE: AYE
CHAIRPERSON KREBS: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
PUBLIC HEARINGS
Community Development Department - Planning Division
E. Requests The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing For Ordinance 2004-19 Adopting A Small Scale FLUM Amendment
Changing The Future Land Use Map Designation Of An 1.7 Acre Parcel, Located
At 1184 Orange Avenue, From (Seminole County) "Suburban Estates" And
"Conservation" To (City Of Winter Springs) "Town Center" And "Conservation
Overlay" (On Those Affected Areas).
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom introduced the Agenda Item.
Ms. Sahlstrom stated, "Staff recommends that this Small Scale Future Land Use Map
Amendment be adopted which would change the Future Land Use Map Designation on a
1.7 acre parcel located at 1184 Orange Avenue from Seminole County 'Suburban
Estates' and 'Conservation' to City of Winter Springs 'Town Center' and 'Conservation
Overlay' on those affected areas. There again, we feel this is the appropriate Future Land
Use given what is adjacent to it. We believe that this is in the best interest to be part of
the 'Town Center'."
"I WOULD LIKE TO MOVE THAT WE RECOMMEND THE ADOPTION OF
THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT WHICH
CHANGES THE FUTURE LAND USE MAP DESIGNATION ON THE SUBJECT
PROPERTY AT 1184 ORANGE AVENUE FROM SEMINOLE COUNTY
'SUBURBAN ESTATES' AND 'CONSERVATION' TO THE CITY OF WINTER
SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE