HomeMy WebLinkAbout1999 06 14 Public Hearings Item F
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COMMISSION AGENDA
ITEM F
Consent
Informational
Pu blie Hearing X
Regular
June 14, 1999
Meeting
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Authoriz 'on
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REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for first reading and consideralion of Ordinance 722 to rezone the 17.41
acre "Kingsbury property" from (county) A-I "Agriculture" to the City's C-l "Neighborhood
Commercial" District
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for first
reading and consideration of Ordinance 722 to rezone the recently annexed Kingsbury 17.41 acre
parcel, located on the northwest corner of TuskawiIla Road and State Road 434. Joshi &
Associates, the contract purchaser of the property, plans to establish a sales/marketing office on
the property as part of their efforts to market the Town Center Project
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "The planning and zoning board shaIl serve. . .to recommend
to the City Commission the boundaries of the various original zoning districts. . .and any
amendments thereto. . .acl on measures affecling the presenl 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"
CDD/June 3.199918:37 AM
JUNE 14, 1999
PUBLIC HEARING AGENDA ITEM F
Page 2
CONSIDERATIONS:
o The subject property was annexed into the City on April 26, 1999.
o The subject property (formerly Kingsbury property) will be part of the Winter Springs
Town Center.
o The Planning & Zoning Board reviewed the proposed rezoning on May 19, 1999.
FISCAL IMPACT:
None
PLANNING & ZONING BOARD RECOMMENDATION:
Recommend approval to the City Commission for the request by Rohit Joshi of Joshi &
Associates, the 17.41 acre parcel, from County zoning designation "A-I", (agriculture) to City
zoning designation "C-l", (neighborhood commercial) zoning district, based on the staff reports
with the findings as outlined in our minutes here.
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for first reading and consideration
of Ordinance 722 to rezone the 17.41 acre Kingsbury parcel from (county) A-I "Agriculture" to
the city's C-l "Neighborhood Commercial" District.
IMPLEMENTATION SCHEDULE:
Ordinance for annexation would take immediate effect upon adoption at the June
14th City Commission meeting.
ATTACHMENTS:
A Ordinance 722
B. Map of Kingsbury Property
C. Rezoning Application
D. Staff Report
E. Minules of Planning & Zoning Board, May 19,1999 Meeting
COD/June 3,1999/8:37 AM
JUNE 14, 1999
PUBLIC HEARING AGENDA ITEM F
Page 3
COMMISSION ACTION:
CDD/June 3.199918:37 AM
ATTACHMENT A
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ORDINANCE 722
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, REZONING A 17.41 ACRE
PARCEL OF LAND LOCATED ON THE NORTHWEST
CORNER OF S.R. 434 AND TUSKA WILLA ROAD PURSUANT
TO 171.044(1)(2) and 166.041 FLORIDA STATUTES;
PROVIDING FOR SEVERABILITY; CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the applicant, Joshi & Associates, the contract purchaser of the
following described property, has petitioned the City of Winter Springs to rezone the
subject property;
WHEREAS, the City Commission of the City of Winter Springs, Florida
has determined it to be in the best interests of the health, safety and welfare of the
citizens of Winter Springs, Florida to change the zoning designation from its
present county designation of A-I "Agriculture" to City designation C-l
"Neighborhood Commercial" on the following real property situate in Winter
Springs, Florida as a result of adoption of Ordinance 685 on Apri126, 1999:
NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA
HEREBY ORDAlNS;
SECTION I - That the City of Winter Springs rezones the following described
real property:
THAT PART OF BLOCK "B" OF DR 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 LYING NORTHERLY OF OVIEDO
ROAD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 6, PAGE 74 AND 75 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA;
LESS BEGIN AT THE INTERSECTION OF THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID OVIEDO ROAD AS IT
EXISTED ON 10 JULY, 1969 (BEING 30 FEET NORTHERLY
OF, AT RIGHT ANGLES TO, AND PARALLEL WITH THE
CENTERLINE OF SAID OVIEDO ROAD) WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF 1ST STREET, A 30
FOOT RIGHT-OF-WAY AS IT EXISTED ON 10 JULY, 1969
AND RUN S 1950' 15" e ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE OF OVIEDO ROAD 520.08 FEET; THENCE,
LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE RUN N
5009' 45" e 335.34 FEET TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID 1ST STREET; THENCE, N 72 60' 15" W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 618.86
FEET TO THE POINT OF BEGINNING; AND ALSO LESS
RIGHTS-OF-WAY FOR STATE ROAD 434, 1ST STREET, AND
BRANTLEY AVENUE ACCORDING TO SAID PLAT OF DR
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP THAT MAY HAVE BEEN ACQUIRED BY THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, OR THE
STATE OF FLORIDA SINCE 10 JULY, 1969.
SECTION 11-
SEVERABILITY
If any section or portion of this Ordinance proves to be invalid, unlawful or
lUlCOnstitutional, it shall not be held to invalidate or impair the validity, force or effect of
any other section or portion of a section or subsection or part of this Ordinance.
SECTION III -
CONFLICTS
That all Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION IV - EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption, in accordance with
166.041(4) Florida Statutes and Section 4.15(c) of the City Charter.
PASSED AND ADOPTED this_day of
,1999.
CITY OF WINTER SPRINGS
PAUL P. PARTYKA, MAYOR
ATTEST:
ANDREA LORENZO-LUACES
INTERIM CITY CLERK
FIRST READING
POSTED
SECOND READING AND PUBLIC HEARING
ATTACHMENT B
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ATTACHMENT C
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
APPLICATION FOR REZONING
APPLICANT: Joshi, Rohit
Last
First
Middle
ADDRESS:
P.O. Box 916328
Longwood. FL.
city
state
32791-6338
Zip Code
PHONE:
(407)327-5985
If applicant does not own the property, provide the following:
OWNER:
Last First Middle
) ADDRESS:
City State Zip Code
PHONE:
This is a request for change of zoning designation from
(County) A-1 "AF;riculture"
described below.
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to C-1 "Neighborhood Commercialcin the. property
Future Land Use Map Classification (County) "Commercial"
Tax Parcel Number: 26-20-30-5AR-OBOO-0000, & 0003
Size of Parcel:
17.41 Acres
sq. ft jacres.
Address of Property proposed for change of zoning Designation:
ADDRESS: (Vacant Land - No Address)
)
City
State
Zip Code
Reason(s) and justification(s) for request of change to present
zoning designation.
To be allowed to locate a real estate/marketing sales office on the property.
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subj ect property.
* A copy of the legal description.
* Notarized authorization of the owner (if applicant is
other than owner or attorney for owner).
* Rezoning Application Fee, which includes:
* $ 300 plus $ 25 per acre or portion of acre to
be rezoned, plus
* Actual cost of public hearing notice printed
in newspaper, plus
* $ 1.00 for each notification letter to
abutting property owner.
****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is _to certify than I am the owner in fee simple
laf:) :e;cr~.d_~above in the Applioation for Reroning.
~ CONTRACT PURCHASER
SIGNATURE OF OWN
of subject
Sworn ~~ and subscribed before me
thi~'CIay of /7!t.at~
19.::z::L.
'------'
expires:
_Personally Known C ,/ 5
~Produced Identification /type of LD. '//7 ;),,5/
~..", I'U,(
.o~ ~
~JM:
""t-/Jff"'~"
SYLVIA P DENSON
My Commission CC5OB318
Expires Nov. 0&, 1999
)
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Did take an oath
----Did not take an oath
***************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE
Sworn t9Jand su scribed before me
this _ld'!31:ay oY
Personally Known C 4 . -
vProduced Identification /type of I. D, 7 ,;;{ ,4" I.!:J
Did take an oath
----Did not take an oath
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61'1. VIA P DENSON
Mv Commission CC508318
EMpire. Nov. 08.1999
)
REZONINGS ARE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. THE
REZONING IS NOT EFFECTIVE UNTIL THE NOTICE AND VOTE REQUIREMENTS OF
166.041 FLORIDA STATUTES HAVE BEEN ACHIEVED.
APPLICANTS ARE ADVISED, THAT IF THEY DECIDE TO APPEAL ANY DECISIONS
MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER
CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSES, THEY WILL NEED TO INSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR COST,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
ATTACHMENT D
CITY OF WINTER SPRINGS. FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (tlOl) 327-1800
Community Development Dept.
Planning Division
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PLANNING AND ZONING BOARD AGENDA ITEM:
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II. A. "KINGSBURY REZ9NING" (REZ-2-99)
STAFF REPORT: I
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APPLICABLE LAW AND PUBLIC POLICY:
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Sec. 20-57 of the City Code states "Th~ planning and zoning board shall serve. . .to recommend to the
City Commission the boundaries of the ~arious original zoning districts. . .and any amendments thereto.
.act on measures affecting the present ard 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." I
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1. BACKGROUND:
APPLICANT:
OWNER:
Rohit Joshi
P. O. Box 916328
Longwood, FL
(407) 327-5985
Laverne and June Kingsbury
150 Tuskawilla Road
Winter Springs, FL 32708
(407) 327-1916
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For change of zoning designation frpm Seminole County's designation of A-I "Agriculture" to the
City's designation of C-I "Neighborhood Commercial"..
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REQUEST:
PURPOSE:
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Applicant wishes to establish a sale~/marketing ofTice on the property as part of their efTorts to market
the Town Center Project.
A. SITE INFORMA nON
1. PARCEL NUMIJER:
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26-20-30-5 AR-OBOO-OOOO
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26-20-30-5AR-OBOO-0003
2. ACREAGE: I
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17.41 acres I
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3. GENERAL LOCATION:
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Close to the intersection of S.R. 434 and Tuskawilla Road, on the north side.
4.
LEGAL DESCRIPTION:
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ALL UNPLOTTED PART OF BLOCK "B", THAT IS ON THE EAST SIDE OF
OVIEDO-SANFORD B)UCK ROAD OF DR. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS
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RECORDED IN PLAT BOOK I, PAGE 5, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY,i FLORIDA; LESS BEGIN AT THE INTERSECTION OF THE
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EASTERLY RIGHT -OF-WAY OF THE SANFORD-OVIEDO ROAD AND THE
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NORTHERLY LINE OF THE UNPLOTTED PART OF SAID BLOCK "B", RUN S 39
50' 15" e ALONG THEIEASTERLY RIGHT-OF-WAY OF SANFORD-OVIEDO
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ROAD 520 FEET. THENCE N 50 09' 45" E 335.54 FEET TO THE NORTH LINE OF
,
THE UNPLOTTED PART OF SAID BLOCK "B". THENCE N 72 40' 15" W ALONG
SAID NORTH LINE 5 ~8.86 FEET TO THE POINT OF BEGINNING.
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5.
CHRONOLOGY: I
The property has been i~ the unincorporated area of the county. On
April 26, 1999, the City :Commission annexed the property into the City.
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DEVELOPMENT TRENDS:
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Recently the Florida De~artment of Transportation widened S.R. 434 from the
intersection ofS.R. 434 :and S.R. 419 to Tuskawilla Road. Presently, road widening of
S.R. 434 from Tuskawilla Road to the beltway is proceeding with completion before 6
months. The City Com,ilission hired Dover, Kohl & Partners who prepared a Town
Center Plan and Design ~ode centered around the intersection of S. R. 434 and Tuskawilla
Road. Most recently Jo~hi & Associates has expanded the Town Center Plan to include
land extending to the beltway and extending south of the intersection to include the L.D.
Plate property. The Plan essentially calls for mixed use development with various
densities and intensities.! A relocated multi-purpose Cross-Seminole Trail would be
6.
relocated further eastward on the Schrimsher property. The "Kingsbury Property" has
,
been considered one of the key parcels in the Town Center and would be one of the very
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first to be developed :
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7. EXISTING LAND USE OF SUBJECT PROPERTY:
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The parcel is almost cor~pletely vacant, with several stands of trees, and a single family
residence to the northeast corner.
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B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
Vacant, heavily wooded area.
Commercial., an1 vacant wooded area.
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Commercial, an1 vacant wooded area.
Vacant wooded he a, I residential unit. City HalL
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C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
E"",,,, (C"""" d~;g,,+,,) .C"~m"""l"
Requested: No request made at this time.
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D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
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West: (County designafon) Commercial and Office.
E. ZONING OF SUBJECT fROPERTY:
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(County designa\ion) A-I "Agriculture"
(City deSignatiO~) C-I "Neighborhood Commercial"
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F. ZONING ADJACENT TO SUBJECT PROPERTY:
!
North:
South:
East:
West:
North:
South:
East:
Existinr{
Requested:
North:
Mixed Use.
CommerciaL
Commercial.
C-2 "General Co\nmcrcial and Industrial".
South:
East:
West:
C-I "Neighborhood Commercial".
C-I "Neighborhood Commercial".
(County designation) A-I "Agriculture".
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II. REZONING ANALYSUS:
A. JUSTIFICA TION FOR REZONING:
;
I. The contract purphaser wishes to begin and expedite the process of marketing and
development of the proposed Town Center. The marketing/sales office is needed
in the centrallocktion of the "Kingsbury" property to provide visibility and a
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meeting place to lconduct the business of development of the Town Center.
2. The contract pur~haser, Rohit Joshi of Joshi & Associates, proposes to locate a
marketing/sales qffice on the subject property but cannot do so under the county's
A-I "Agriculture" Zoning District, which does not have as a permitted use of
marketing/sales Jffice. Therefore, he has requested the City's C-I "Neighborhood
Commercial" zOliing designation, which allows "sales offices" in Sec. 20-232(51)
City Code. The bounty A-I "Agriculture" designation
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING
,
LAND USES: .
III. FINDINGS:
1.
,
The applicant's Jroposed zoning change from county zoning designation A-I
"Agriculture" to the City's zoning designation ofC-1 "Neighborhood Commercial
District" is the s~me zoning of the adjacent parcels to the east and south and
similar to the C-2 "General Commercial and Industrial" of the adjacent (Blumburg)
parcel to the north.
2.
The marketing/s4les office should not generate any unusual or high decibel level
noise, excessive light emanation or reflection, noxious odors, or traffic that would
cause the Level M Service standard for S.R. 434 to be exceeded.
*
The "KingsbuIY'" property is designated "Commercial" on the county's Future
Land Use Map. '
The county has 1e parcel zoned A-I "Agriculture", which does not allow for a
marketing/sales ,ffice; only roadside stands to sell produce grown on the land
(Sec. 30.122 Corty Land Development Regulations page 30-61).
The City's C-I "Neighborhood Commercial" Zoning District is compatible with
the county's FUl"'re Land Use Map designation of "Commercial".
The adjacent par els on the east and south are indicated as "Commercial" on the
City's Official F ture Land Use Map. The parcel to the north is indicated as
"Mixed Use", w1iCh allows for up to 50% commercial gross acreage on the parcel.
Adjacent parcels to the east and south are indicated as C-I "Neighborhood
Commercial" onjhe City's Official Zoning Map.
The marketing/s les office should not generate any unusual or high decibel level
noise, excessive ight emanation or reflection, noxious odors, or traffic that would
cause the Level of Service standard for S.R 434 to be exceeded.
.
.
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.
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IV. STAFF RECOMMENDATION:
Staff recommends the Jlanning & Zoning Board recommend approval to the City
Commission the reqUestlfor rezoning by Rohit Joshi ofJoshi & Associates the 17.41 acre
parcel from county zoning designation A-I "Agriculture" to City zoning designation C-I
"Neighborhood Commerlcial" Zoning District, based on the Staff Report with findings
above.
ATTACHMENTS:
1.
Property boundary of the 17.41 acre "Kingsbury" property.
Aerial View of p~operty and immediately surrounding area.
3.
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ATTACHMENT E
CITY OF WINTER SPR1NGS
MINUTES
PLANNING AND ZONING IJOARDfLPA
SPECIAL MEETING - MAY 19, ] 999
PAGE20F6
MOTION BY BILL FERNANDEZ. SECONDED BY CARL STEPHENS, JR.
DISCUSSION. THE MOTION TO ADOPT THE MINUTES OF MAY 5, 1999
WITH THE ABOVE NOTED REVISION WAS APPROVED WITH CONSENSUS
OF THE BOARD. MOTION CARRIED.
II. REGULAR AGENDA
A. "Kingsbury" Property Rezoning (REZ-2-99)
Mr. Thomas Grimms, AICP, Comprehensive Planning/Zoning Coordinator gave an
overview of this Agenda Item, and explained the justifications and findings for the
proposed rezoning of this parcel.
The Board and Mr. Grimms discussed various aspects of this case, which dealt with the
possibility of locating a marketing and sales trailer on this parcel. Discussion covered
such aspects as the Town Center District Code, and the future land use designation of this
property.
"I WILL RECOMMEND THAT THE PLANNING AND ZONING BOARD
RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE
REQUEST BY ROHIT JOSHI OF JOSHI & ASSOCIATES, THE 17.41 ACRE
PARCEL, FROM COUNTY ZONING DESIGNATION "A-I" (AGRICULTURE)
TO CITY ZONING DESIGNATION "C-l", (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT, BASED ON THE STAFF REPORTS WITH THE
FINDINGS AS OUTLINED IN OUR MINUTES HERE".
MOTION BY BILL FERNANDEZ. SECONDED BY ROSANNE KARR.
DISCUSSION. VOTE: CARL STEPHENS, JR.: AYE; MARC CLINCH: AYE;
TOM BROWN: AYE; BILL FERNANDEZ: AYE; ROSANNE -KARR: AYE.
MOTION CARRIED.
B. Wofford/Slappey Small Scale Comprehensive Plan Amendment (SM-
CPA-2-99)
Mr. Grimms identified the parcel in question, and gave an in-depth explanation on this
proposed project, which involved the request for a change in zoning designation from
County "A-I" (Agriculture) to the City's "C-2" (General Commercial and Industrial)
zonmg.
The Board discussed such aspects as the development of this project; the status of flood
prone areas; cooperative agreements with the City of Oviedo; growth patterns and