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Home My WebLink About2008 04 14 Public Hearing 503 First Reading of Ordinance 2008-04CITY COMMISSION ITEM 503 Consent Information Public Hearin X Re ular April 14, 2008 Meeting _~ / Mgr./Dept REQUEST: The Community Development Department -Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2008-04 which rezones 6.25 acres (more or less), located at 1379 SR 434 (NE Corner of SR 434 & SR 417), from "A-1" Agricultural (Seminole County) to "Greeneway Interchange District" (City of Winter Springs). PURPOSE: To consider the request of Expressway Professional Plaza LLC c/o Montje Plank on behalf of David & Betty Long for Rezoning of the recently annexed property at 1379 SR 434 (NE Corner of SR 434 & SR 417). APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Springs Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was adopted on December 13, 2004. (a) Any real property owner may file a rezoning application requesting a change in zoning designation for their real property. (b) The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. April 14, 2008 PUBLIC HEARING AGENDA ITEM 503 (c) Upon receipt of the planning and zoning board's recommendations, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) 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. (8) 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; Winter Springs 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. Euclid v Amber Realy Co 272 U.S. 365 (1926~upholding the constitutionality of the principles of zonin Florida Municipal Home Rule Powers Act. April 14, 2008 PUBLIC HEARING AGENDA ITEM 503 CHRONOLOGY: Feb. 13, 2008- Application received for Annexation and subsequent Future Land Use change and Rezoning. Mar. 10, 2008- Adoption of Ordinance 2008-02, annexing the property. Mar. 19, 2008- P& Z Board (LPA) heard the request for the Future Land Use change and made recommendation of adoption to the Commission. CONSIDERATIONS: Applicant - Expressway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave., Suite 110, Maitland, FL (407) 599-7009 Owner - David & Betty Long, 330 Golfview Ave., Oviedo, FL (407) 402-1400 (c/o Robin Kesler) Parcel Number - 04-21-31-300-002A-0000 Acrea e -approx. 6.25 acres General Location -Vacant property at 1379 SR 434 (NE Corner of SR 434 & SR 417) Legal Description -SEC 04 TWP 21S RGE 31 E, W 1/2 OF SW 1/4 N OF SR 419 & E OF EXPRESSWAY Chronolog o~ f Subj ect Property -The property was annexed into Winter Springs on March 10, 2008. Existing Land Use -The property is currently vacant and vegetated. The County Future Land Use designation is Commercial. Adjacent existing land uses, zoning and FLUM designations include the following: Subject Vacant Requesting Greeneway Requesting Greeneway Interchange Slte Interchange District District with Conservation Overlay WS from A-1 SC WS from Commercial SC North Vacant Conservation (WS) Conservation (WS) South Vacant Greeneway Interchange Greeneway Interchange District (WS) District WS _ _~_~ East Vacant A-1 (SC) Commercial (SC) West Vacant Greeneway Interchange Greeneway Interchange District with District WS Conservation Overla WS (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends -The down turn in the housing market has been reflected in increased interest in commercial properties such as the subject property. Proposed Future Land Use Classification -The proposed future land use map designation from Seminole County "Commercial" to Winter Springs "Greeneway Interchange District" with "Conservation Overlay" on those affected areas is appropriate and compatible with the general character of the area. All other properties in Winter Springs in this area have a future land use of "Greeneway Interchange District". Letters/Phone Calls In Favor Or Opposition -None. April 14, 2008 PUBLIC HEARING AGENDA ITEM 503 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; (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 "Greeneway Interchange District" 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, which is prohibited by law. The adjoining property to the west and south (Winter Springs) is also designated Greeneway Interchange District" (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) At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (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. The "Greeneway Interchange District" is the most appropriate designation for the area around the SR 417 interchange. (9) No Serious Reduction in Light or Air to Adjacent 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 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 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; April 14, 2008 PUBLIC HEARING AGENDA ITEM 503 (13) Not out ofScale- 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 fourteen (14) review standards included in Section 20-31 were satisfied. PLANNING & ZONING BOARD /LPA RECOMMENDATION: At a special meeting of the Planning & Zoning Board/LPA on March 19, 2008, the Board/Agency recommended unanimous approval of Ordinance 2008-04. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2008- 04, changing the Zoning classification on the subject property located at 1379 SR 434 (NE Corner of SR 434 & SR 417), from "A-1"Agricultural (Seminole County) to "Greeneway Interchange District" (City of Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: April 14, 2008- 1st Reading of Ordinance 2008-04 April 17, 2008- Public Noticing in Orlando Sentinel (10 days prior to adoption) April 28, 2008- 2nd Reading /Adoption of Ordinance 2008-04 ATTACHMENTS: A- Excerpt from P&Z/LPA Minutes of March 19, 2008 B- Ordinance 2008-04 including Map & Legal Description C- Current Zoning Map, March 2008 CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING MARCH 19, 2008 (RESCHEDULED FROM MARCH 5, 2008) CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, March 19, 2008 (Rescheduled from March 5, 2008) was called to Order at 7:00 p.m. by Chairman Robert L. Heatwole in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Robert L. Heatwole, present Vice Chairman Charles Lacey, present Board Member Rosanne Karr, absent Board Member William H. Poe, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The January 3, 2008 (Rescheduled from January 2, 2008) Regular Meeting Minutes. "I RECOMMEND APPROVAL OF THE MINUTES -JANUARY 3, 2008, AS THEY WERE CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: VICE CHAIRMAN LACEY: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 19, 2008 (RESCHEDULED FROM MARCH 5, 2008) PAGE 4 OF 7 PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2008-04 Which Rezones 6.25 Acres (More Or Less), Located At 1379 SR [State Road] 434 (NE [North East] Corner Of SR [State Road] 434 And SR [State Road] 417), From "A-1" Agricultural (Seminole County ) To "GreeneWay Interchange District" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item and stated, "Staff reviewed these fourteen (14) standards and they are included in your Agenda Item and does make recommendation of Approval for the change of Rezoning to GreeneWay Interchange District." Ms. Sahlstrom reviewed the Criteria with the Board Members. Chairman Heatwole opened the "Public Input" portion of this Agenda Item. Mr. Montje S. Plank, P.E., Senior Vice President, Central Florida Land Design Corporation, S00 North Maitland Avenue, Suite 110, Maitland, Florida: addressed the Board Members and confers with Staff's Recommendations. Chairman Heatwole closed the "Public Input"portion of this Agenda Item. "I MOVE THAT THE PLANNING AND ZONING BOARD/[LOCAL PLANNING AGENCY] RECOMMEND SUBJECT TO ADOPTION OF FUTURE LAND USE MAP AMENDMENT BY THE CITY COMMISSION, REZONING OF THE SUBJECT PROPERTY IN [AGENDA] ITEM NUMBER `501' TO `GREENEWAY INTERCHANGE DISTRICT'." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRMAN LACEY. DISCUSSION. VOTE: VICE CHAIRMAN LACEY: AYE CHAIRMAN HEATWOLE: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department -Planning Division Requests The Planning And Zoning Board Consider A Text Amendment To The Code Of Ordinances That Would Allow Detached Garages, Subject To Conditions. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and displayed various photographs of detached garages. ATTACHMENT B ORDINANCE N0.2008-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 6.25 ACRES MORE OR LESS AND LOCATED AT 1379 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "AGRICULTURE-1" TO CITY OF WINTER SPRINGS "GREENEWAY INTERCHANGE 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 March 19, 2008 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. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of City of Winter Springs Ordinance No. 2008-04 Page 1 of 2 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 "Agriculture-1" to City of Winter Springs "Greeneway Interchange 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 2008-03 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2008-03 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 , 2008. 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: City of Winter Springs Ordinance No. 2008-04 Page 2 of 2 EXHIBIT A Ordinance 2008-04 X ~, /f '~ , S ~ ~ / FtP FS I '~ , x ~ . T A ti!~ ~.Ii. '.4 V X of ~ ~ . ~ wY r \ ! / .,~ l ~ n l y '? 'k } , ~~- 4 X/ ~ ~1 \ T f ~ it J~, ~ / A x x}' ~ < ~ 4t ~;~` ~~ ~ . Subject ,, ~ ~ YK ' /~r ~' Parcel / ~ ~ ' ~~ , y~ / y ~' ~ Pf .- : > ~ A "< ~ . ~C. ~'~- *~r ~ r1~ t l ~,. T/ K .y L ~ f _. ~ ~ C ~ h ~ ~ ~ ~ ~ ~ ` ~ ~ / ~ )'' l yk .X ~ \ . v . ' r 1 ~ S~ ~ _ t ~ y~X ~! R .`~` ~ ~;'~ '``~`f ~ ~ OVIEDO ,, , > ,~ ; ,~ Metes and Bounds Description: A PART OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, LYING NORTH OF S.R. 434 AND EAST OF S.R. 417 (GREENEWAY RIGHT OF WAY) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE RUN NORTH 89°51'53" EAST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4 A DISTANCE OF 759.31 FEET FOR A POINT OF BEGINNING; SAID POINT BEING A POINT ON A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 7743.44 FEET AND A CHORD BEARING OF SOUTH 23°04'20" EAST; THENCE DEPARTING SAID NORTH LINE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°32'22" A DISTANCE OF 72.91 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 22°48'09" EAST A DISTANCE OF 135.42 FEET; THENCE RUN SOUTH 25°05'35" EAST A DISTANCE OF 265.58 FEET; THENCE RUN SOUTH 27°26'39" EAST A DISTANCE OF 66.14 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 151.50 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 56°19'04" A DISTANCE OF 148.90 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 83°45'43" EAST A DISTANCE OF 261.55 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 00°34'27" WEST ALONG SAID EAST LINE A DISTANCE OF 601.76 FEET TO A POINT ON AFORESAID NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE RUN SOUTH 89°51'53" WEST ALONG SAID NORTH LINE A DISTANCE OF 596.12 FEET TO THE POINT OF BEGINNING. CONTAINING 272,427 SQUARE FEET, OR 6.254 ACRES, MORE OR LESS ATTACHMENT C CURRENT ZONING MAP