HomeMy WebLinkAbout2012 11 07 Public Hearing 506 Ordinance 2012-20, Toledo Rezoning PLANNING & ZONING BOARD
AGENDA
ITEM 506 Information
Public Hearing X
Regular
November 7, 2012
Regular Meeting
REQUEST: The Community Development Department — Planning Division requests that the
Planning and Zoning Board hold a public hearing to consider Ordinance 2012-20,which proposes to
rezone a 8.29 acre parcel located on the north side of State Road 434, approximately 582-feet west of
the intersection of DeLeon Street and State Road 434 from C-1 (Neighborhood Commercial)to R-1A
(One-family dwelling district).
SYNOPSIS:An application was received by the Community Development Department which requests
a rezoning for an 8.29 acre parcel from C-1 (Neighborhood Commercial) to R-1A (One-family
dwelling district).The subject property is located on the north side of State Road 434, approximately
582-feet west of the intersection of DeLeon Street and State Road 434. The rezoning request is a
companion to a proposed Small-Scale future land use map amendment which requests a re-designation
of the property's future land use designation from"Commercial","Conservation"and"Conservation
Overlay"to"Low Density Residential""Conservation"and"Conservation Overlay".The applicant has
requested this rezoning to allow a portion of the property to be utilized in the development of a single-
family residential subdivision that is proposed to be developed partially in the City of Winter Springs,
and partially in the City of Oviedo.
APPLICABLE LAW,PUBLIC POLICY,AND EVENTS
Florida Statutes 163.2511-163.3246 : (Provides that land development regulations for municipal
planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan.
Winter Springs Code of Ordinances, Chapter 20, Zoning, Article III Establishment of Districts,
Division 4.
Winter Springs Code of Ordinances, Chapter 20,Zoning, Article II, Section 20-31.
November 7,2012
Planning&Zoning Board,Item 506
Page 2 of 4
CONSIDERATIONS: The applicant is petitioning the City to rezone the subject property from C-1
(Neighborhood Commercial) to R-1A (One-family dwelling district) to develop single-family
residences on the eastern portion of the property.The residences would be developed as part of a larger
single-family residential subdivision that is proposed for development in the City of Winter Springs
and the City of Oviedo.The surrounding area is generally characterized by low density residential uses.
Existing Land Uses Zoning Future Land Use
Subject Property Undeveloped City of Winter City of Winter Springs
Springs C-1 "Commercial",
(Neighborhood "Conservation" and
Commercial) "Conservation Overlay"
North Undeveloped with a palm tree City of Winter City of Winter Springs"Rural
growing and harvesting operation, Springs R-C1 Residential"
cellular tower (Single-family
dwelling district)
South Two(2)single-family residences Seminole County Seminole County LDR"Low
with associated accessory A-1(Agriculture) Density Residential"
buildings.
East Undeveloped City of Oviedo"A" City of Oviedo LDR"Low
Agriculture District Density Residential"
West Single-family residential City of Winter City of Winter Springs
subdivision,commercial use Springs C-1 "Commercial",Low Density
consisting of a daycare center (Neighborhood Residential
Commercial),R-1A
(One family
dwelling district)
REZONING ANALYSIS:
The following summarizes the data and issues which Staff analyzed in reviewing this application
as required by the Code of Ordinances, Section 20-31:
(1) Compliance with Procedural Requirements-The proposed rezoning 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 is consistent with the City's
Comprehensive Plan and the proposed change will not have an adverse effect on the
Comprehensive Plan.
(3)Consistent with any Master Plan for the property-The subject property is proposed to become
part of a single-family residential subdivision. Currently,there is no master plan for the property.
(4)Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
rezoning from Winter Springs C-1 (Neighborhood Commercial) to Winter Springs R-IA (One-
family dwelling district)is appropriate and compatible with the land use pattern established by the
City's Comprehensive Plan. The surrounding properties have future land use designations in the
City of Winter Springs, the City of Oviedo and Seminole County of "Low Density Residential"
and"Commercial".
November 7,2012
Planning&Zoning Board,Item 506
Page 3 of 4
(5) Does Not Create Spot Zoning- The proposed rezoning does not create a spot zone, which is
prohibited by law. A majority of the adjoining properties are zoned for, and consist of single-
family residential uses. The property to the west is zoned C-1 and is the site of a daycare center.
(6) Does Not Materially Alter the Population Density Pattern- The proposed rezoning does not
alter the existing developed population density pattern and therefore will not 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 proposed zoning
designation of R-1A is compatible with the proposed Low Density Residential Future Land Use
Map classification that is proposed via Ordinance 2012-19.
(9) No Serious Reduction in Light or Air to Adjacent Areas- The proposed rezoning 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.
(11) Not Detrimental to Future Improvement of Adjacent Vacant 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.
(12)Does Not Constitute 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 has been determined that the fourteen (14)review standards
included in Section 20-31 were satisfied.
FISCAL IMPACT:
The proposed rezoning of the property from C-1 (Neighborhood Commercial) to R-1A (One-family
dwelling district) poses a risk to the City for the potential loss of commercial taxable value. The
development of the property into a single-family residential subdivision will provide additional taxable
value to the City. The property is not conducive to commercial development as a majority of the
property is comprised of wetlands or Conservation Easements. The proposed use is the highest and
best use of the subject property.
November 7,2012
Planning&Zoning Board,Item 506
Page 4 of 4
COMMUNICATION EFFORTS:
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City's Website,LaserFiche,and the City's Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff.
Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's
Associations on file with the City,all individuals who have requested Agenda information,Department
Directors; and also posted outside City Hall;posted inside City Hall with additional copies available
for the general public.
Additionally,the applicant has met with the Barrington Estates homeowners association and the president of
the Black Hammock Association.
STAFF RECOMMENDATION:
Staff recommends that the Planning and Zoning Board forward a recommendation of approval to the
City Commission for Ordinance 2012-20,which proposes to rezone an 8.29 acre parcel located on the
north side of State Road 434, approximately 582-feet west of the intersection of DeLeon Street and
State Road 434 from C-1 (Neighborhood Commercial) to R-1A (One-family dwelling district).
ATTACHMENTS:
A. Ordinance 2012-20
B. Advertisement, Orlando Sentinel—October 28, 2012
Attachment "A"
ORDINANCE NO. 2012-20
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA,CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1)
PARCEL OF LAND TOTALING 8.29 ACRES, MORE OR
LESS,AND GENERALLY LOCATED ON THE NORTH SIDE
OF STATE ROAD 434 WEST OF THE INTERSECTION OF
DELEON STREET AND STATE ROAD 434 IN THE CITY OF
WINTER SPRINGS, FLORIDA, AND DEPICTED ON
EXHIBIT "A" ATTACHED HERETO, FROM "C-1
NEIGHBORHOOD COMMERCIAL DISTRICT" TO "R-1A
ONE-FAMILY DWELLING DISTRICT;" PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS,SEVERABILITY,AND AN EFFECTIVE
DATE.
WHEREAS,the City Commission is granted the authority,under Section 2(b),Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their November 7, 2012 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:
Section 1. Recitals. The foregoing recitals are true and correct and are fully
incorporated herein by this reference.
City of Winter Springs
Ordinance No.2012-20
Page 1 of 2
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 "C-1 Neighborhood Commercial District"to "R-1A One-
Family Dwelling 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 2012-19 as adopted by the City Commission of the City of Winter
Springs,Florida,and pursuant to the City Charter. If Ordinance 2012-19 does not become effective,
then this Ordinance shall become null and void.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on this day of , 2012.
Charles Lacey, 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
City of Winter Springs
Ordinance No.2012-20
Page 2 of 2
Exhibit "A"
Legal Description:
Lot 19, MAP OF THE VAN ARSDALE OSBORNE BROKERAGE CO'S ADD. TO BLACK
HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 31,
Public Records of Seminole County, Florida
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