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HomeMy WebLinkAbout2004 07 12 Public Hearings 407 COMMISSION AGENDA July l2, 2004 Meeting Consent Information Public Hearin~ X Re~ular ITEM 407 MGR. r IDEPT Authorization ~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-23, which rezones two parcels, located at approximately 1268 Orange Avenue from "R-1" (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The purpose of this request is to consider the request ofMohamad and Karen Kazma (property owners) for a for Rezoning of the property at 1268 Orange Avenue (and the adjacent unaddressed vacant parcel to the east), which was recently annexed from Seminole County. APPLICABLE LAW AND PUBLIC POLICY: Euclid v. Amber Realtv 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 Sprin2s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprin2s 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 407 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: Mar.19, 2004- Apjlication Received May 24,2004- 2" Reading of Ordinance 2004-21, Annexing the parcel into the City June 2,2004- P& Z Board (LPA) heard the request and recommended "Approval" to the Commission June 28,2004- 1st Reading of Ordinance 2004-23 July 1,2004- Public Noticing in Orlando Sentinel of Public Hearing CONSIDERATIONS: Applicant - Mohamad & Karen Kazma; 363 Deer Pointe Circle; Casselberry, Florida 32707 Owner - same Parcel Numbers - 31-20-31-503-0000-0050 & 31-20-31-503-0000-0070 Acreage - approx. 4.8 acres General Location - The site is located at approximately 1268 Orange A venue, immediately north of Tuskawilla Trace Subdivision. Legal Description - The East Yz of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-21. Existing Land Use - The site is vacant. Previous structures were demolished prior to annexation. The County Future Land Use designation is LDR- Low Density Residential and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: I I I Existing Land Uses Zoning FLUM I I I Development Trends - The site is currently vacant; The previous structures were demolished prior to annexation. It is anticipated that the applicant will develop this site sometime in the future. wishes. Letters/Phone Calls In Favor Or Opposition - None. July 12, 2004 PUBLIC HEARING AGENDA ITEM 407 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 "R-1 Agricultural" to Winter Springs "Town Center" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, because it follows the pattern already established on the north side of Orange Avenue. (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 Illol]:ically 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. (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 ofthe 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 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; July 12,2004 PUBLIC HEARING AGENDA ITEM 407 FINDIN GS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-102 were satisfied. P&Z 1 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 4-0 recommending "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-23, which changes the Zoning classification on the subject property at approximately 1268 Orange Avenue from "R-1" (Seminole County) to "Town Center" (City of Winter Springs). ATTACHMENTS: A. Ordinance 2004-23 including Map & Legal Description B. Draft Minutes of the Planning and Zoning Board Meeting COMMISSION ACTION: July 12,2004 PUBLIC HEARING AGENDA ITEM 407 ATTACHMENT A ORDINANCE 2004-23 ORDINANCE 2004-23 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 TOTALING 4.8 ACRES MORE OR LESS AND LOCA TED AT 1268 ORANGE A VENUE AND THE ADJACENT UNADDRESSED VACANT PARCEL TO THE EAST IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "R-l" TO CITY OF WINTER SPRINGS "TOWN CENTER"; 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 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' Comprehensi ve 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. 2004-23 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 "R-l" 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 Resonutions. 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 2004-22 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-22 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2004-23 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\7..oning2004-23. wpd7 City of Winler Springs Ordinance No. 2004-23 Page 3 of 3 July 12,2004 PUBLIC HEARING AGENDA ITEM 407 ATTACHMENT A ORDINANCE NO. 2004-23 EXHIBIT "A" KAZMA PROPERTY. LOCATION MAP ,Lake Jesup , SUBJECT SITE 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E,151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less. July 12,2004 PUBLIC HEARING AGENDA ITEM 407 EXHIBIT A KAZMA PROPERTY. LOCATION MAP, CONTINUED 31-20-31-503-0000-0070 LEGAL DESCRIPTION: The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly Y2 of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida, more particularly described as follows: METES & BOUNDS DESCRIPTION: Begin at the Southeast corner of the Westerly Y2 of Lot 10; thence run N 59 degree 53'00" West 162.50 feet along the Northerly right-at-way line of Orange Avenue; thence run North 30 degrees 00'00" East 655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the waters edge to a point of the East line of the Westerly Y2 of Lot 10; thence run South 30 degrees 00'00" West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a proposed 30.0 foot easement for Ingress and Egress lying 15.0 feet on each side of the following described center line; Commence at the Southeast corner of the West Y2 of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida; thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00" East 300.0 feet parallel with the West line of the East Y2 of said Lot 10, to the terminus of this centerline description. July 12, 2004 PUBLIC HEARING AGENDA ITEM 407 ATTACHMENT B Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - JUNE 2, 2004 PAGE 9 OF 12 PUBLIC HEARINGS Community Development Department - Planning Division G. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2004-22 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of Two Parcels, Located At Approximately 1268 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 this Agenda Item. Discussion. Ms. Sahlstrom said, "Staff believes the appropriate Future Land Use Designation for this property is 'Town Center' and is recommending that to you." "I RECOMMEND THAT [PLANNING AND ZONING BOARD/] LOCAL PLANNING AGENCY RECOMMEND TO THE CITY COMMISSION ORDINANCE 2004-22 WmCH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE DESIGNATION ON THE SUBJECT PROPERTY AT APPROXIMATELY 1268 ORANGE AVENUE FROM SEMINOLE COUNTY LOW DENSITY RESIDENTIAL AND 'CONSERVATION' TO THE CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS Community Development Department - Planning Division H. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing Related To Ordinance 2004-23 Which Rezones Two Parcels, Located At Approximately 1268 Orange Avenue From "R-l" (Seminole County) To "Town Center" (City Of Winter Springs). CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 2, 2004 PAGE 10 OF 12 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 this Agenda Item. Ms. Sahlstrom stated, "We [Staff] believe that the most appropriate zoning for this parcel is 'Town Center' and that is our recommendation." "I MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSSION CHANGING THE ZONING CLASSIFICA TION ON THE SUBJECT PROPERTY AT APPROXIMATELY 1268 ORANGE AVENUE FROM 'R-l' SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONlDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER POE: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS Vice Chairperson Karr discussed her concerns regarding the parks in Winter Springs and stated, "I would like to see Chuck Pula [Parks and Recreation Department Director] in here sometime in the near future." Vice Chairperson Karr added, "When I was there [Torcaso Park] with my children recently, there were serious violations going on and it was not being monitored." Vice Chairperson Karr said, "At the other park, Trotwood Park, there was graffiti all over, - graffiti all over the park." Vice Chairperson Karr added, "I want that to be an Agenda Item in the future." Ms. Sahlstrom said, "I know that Chuck Pula does need to come before you regarding a grant. He commented to me and he is intending to come in the next couple of months. But, I will also inform him that when he does come, it could probably be at the same time but that he should - be prepared to address these things." Lastly, Vice Chairperson Karr commented, "And the other park, Central Winds Park, which is beautiful now. It is seriously being violated." Chairperson Krebs said, "Is this something that needs to come before the [City] Commission too?" Ms. Sahlstrom stated, "You could speak - to the [City] Commission under Public Input."