HomeMy WebLinkAboutPublic Hearing 501 Ordinance 2008-04 - 1379 State Road 434 and State Road 417
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
March 19.2008
Meeting
Consent
Information
Public Hearine X
Ree:ular
ITEM 501
REQUEST: The Community Development Department - Planning Division requests the
Planning & Zoning Board hold a Public Hearing related to Ordinance 2008-04 which rezones 6.25
acres (more or less), located at 1379 SR 434 (NE Comer ofSR 434 & SR 417), from "A-I"
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
Comer 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.
March 19, 2008
PUBLIC HEARING AGENDA ITEM 501
(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 Realtv Co. .272 U.S. 365 (1926) (upholding the constitutionality of the principles
of zoning).
Florida Municipal Home Rule Powers Act.
March 19,2008
PUBLIC HEARING AGENDA ITEM 501
CHRONOLOGY:
Feb. 13, 2008- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
Mar. 10, 2008- Anticipated Adoption of Ordinance 2008-02, annexing the property.
Mar. 19, 2008- P & Z Board (LP A) to hear the request for Rezoning and make recommendation 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
Acreage - approx. 6.25 acres
General Location - Vacant property at 1379 SR 434 (NE Corner of SR 434 & SR 417)
Legal Description -SEe 04 TWP 21S RGE 31E, W 1/2 OF SW 1/4 N OF SR 419 & E OF EXPRESSWAY
Chronology ofSubiect 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:
Existing Land Uses Zoning FLU;\I
Requesting Greeneway
Interchange District
WS from A-I SC
Conservation (WS)
Greeneway Interchange
District WS
A-I (SC)
Greeneway Interchange
District WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Requesting Greeneway Interchange
District with Conservation Overlay
WS from Commercial SC
Conservation (WS)
Greeneway Interchange District (WS)
Subject
Site
Vacant
North
South
Vacant
Vacant
East
West
Vacant
..----------
Vacant
Commercial (SC)
____._...___._...__h_'_"'___
Greeneway Interchange District with
Conservation Overla WS
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.
March 19,2008
PUBLIC HEARING AGENDA ITEM 501
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 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- 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;
March 19, 2008
PUBLIC HEARING AGENDA ITEM 501
(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 fourteen (14) review standards
included in Section 20-31 were satisfied.
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance
2008-04, and make a recommendation to the City Commission regarding changing the Zoning
classification on the subject property located at 1379 SR 434 (NE Comer ofSR 434 & SR 417),
from "A-I" 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- Noticing in Orlando Sentinel, Thursday, March 6, 2008
B- Ordinance 2008-04 including Map & Legal Description
C- Current Zoning Map, March 2008
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
THURSDAY. MARCH 6. 2008 F3
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AITACHMENT A
ATTACHMENT B
ORDINANCE NO. 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
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "AGRICULTURE-I" TO CITY OF WINTER
SPRINGS "GREENEW A Y 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 I 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
Map Output
Page 2 of3
ATTACHMENT C
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