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HomeMy WebLinkAbout2007 03 07 Public Hearing 201 Ordinance 2007-03 PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY ITEM 201 Consent Information Public Rearin Re lar x March 7. 2007 Meeting REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2007-03 which rezones 1.76 acres (more or less), located at 282 W. State Road 434 east of Barrington Estates, from "A-1 0" Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs). PURPOSE: To consider the request of Robert Carneal on behalf of Janet M. Mann for Rezoning ofthe recently annexed property at 282 W. State Road 434. APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sorines Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sorines Section 20-26. Intent and purpose. Winter Sorines Section 20-27. City commission authority. Winter Sorines Section 20-28. Due process; Special notice requirements. Winter Sorines Section 20-29. Applications. Winter Sorines Section 20-30. Staff review. Winter Sorines 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. (c) Upon receipt of the planning and zoning board's recommendations, the city commission shall March 7,2007 PUBLIC HEARING AGENDA ITEM 201 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 surro unding area; (11) The proposed rezoning will not be a substantial detriment to the future improvement of development ofvacant 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 ofscale 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 Sprin2s Section 20-57. The planning and zoning board shall serve... to recommend to the city commission the boundaries ofthe various original zoning districts... and any amendments thereto... act on measures affecting the present and future movement oftraffic, 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 Rea/tv Co. .272 U.S. 365 (1926) (upholdin2 the constitutionality ofthe principles of zonin2). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Dec. 29.2006- Application received for Annexation and subsequent Future Land Use change and March 7,2007 PUBLIC HEARING AGENDA ITEM 201 Rezoning. Feb. 26.2007- Adoption of Ordinance 2007-01, annexing the property. Mar. 7.2007- P& Z Board (LPA) to hear the request and make recommendation to the Commission. CONSIDERATIONS: Applicant - Robert CarneaL 2354 Pine Meadows Place; Chuluota, Florida 32766 Owner - Janet M. Mann; 233 Carolyn Drive, Oviedo, Florida 32765 Parcel Number - 04-21-3 1-300-01 5A-0000 Acreage - approx. 1. 76 acres General Location - The site is located on the north side of SR 434, east ofthe Greeneway, one lot east ofthe entrance to Barrington Estates. Legal Description -SEe 04 TWP 21S RGE 31 E S 1/2 OF NE 1/4 OF NE 1/4 OF SE X (less W 425' + road) Chronology of Subject Property - The property was annexed into Winter Springs on Feb. 26, 2007. Existing Land Use - The property is currently vacant but previously had a mobile home and covered concrete area on it. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: E\isting Land l'scs Zoning FLl':\1 Subject Site Vacant Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) ------.--.--...-..--.---..-.1----.-----.-.----.--.-----_____ ....___..____. ~2l!1j~_g)_~::_1.g.___.____._..___.._. ._~~~~~_~~!lites ____._____ North Single Family Residential R-IA Single Family Low Density Residential ...___._.....________.__ .__(~~tti!!g!2~~~_~!~~...~_1:l~~y.).. ..~~~!~~!!!ill}_(~~__.__._.._...__(~~l________.____....__.__. South Single Family Residence & R-I Single Family Low Density Residential Y'~~_~!{Q-YL__.___.___.. ...__.___~~_Lct.~!.l_.!!ll_'_(Q_Y2._________._._i<?~L___________________ East Vacant (WS) Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) _.___..__________.__________.___.___..._._!i:~!!!-<sq_~:~_______.___ _~~l::}______...__.___________ West South Seminole Christian A-IO (SC) Suburban Estates (SC) Church (SC) (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The Applicant has indicated that he would like to develop the property as office space. LetterslPhone Calls In Favor Or Opposition - Adjoining property owners in Barrington Estates and the church have inquired about the development plans for the property and indicated their concern over future impacts to their properties from development ofthe vacant parcel. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: (I) 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 March 7,2007 PUBUC HEARING AGENDA ITEM 201 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-IO Agricultural" to Winter Springs "C-I Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; All parcels on the north side ofSR 434 in the City are zoned "C-I Neighborhood Commercial", with the exception of the entrance to Barrington Estates. The majority ofparcels on the south side ofSR 434, in Oviedo, are zoned "R-I Single Family Residential" which allows a maximum of 5.12 dwelling units per acre. (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 east (Winter Springs) has also applied for "C-I Neighborhood Commercial" zoning classification and the land at the bend ofSR 434 (under Seminole County jurisdiction) has a commercial zoning. Should the church property to the west be annexed, it would likely be considered for "C-I Neighborhood Commercial" as well. (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. Winter Springs does not have an "A-IO Agricultural" Zoning. The "C- I Neighborhood Commercial" is the most appropriate designation for the north side of the SR 434 urban arterial. (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 ofthe 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; (II) 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; (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 March 7, 2007 PUBLIC HEARING AGENDA ITEM 201 applicable land use regulations adopted by the city; FIND IN GS: 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 2007-03, and make a recommendation to the City Commission regarding changing the Zoning classification on the subject property at 282 S.R. 434 from "A-l 0" Agricultural (Seminole County) to "C-l Neighborhood Commercial" (City of Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: March 26,2007- 1st Reading of Ordinance 2007-03 March 29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) April 9, 2007- 2nd Reading /Adoption of Ordinance 2007-03 ATTACHMENTS: A. Ordinance 2007-03 including Location Map & Legal Description B. Current Zoning Map, February 2007 PLANNING & ZONING BOARD / LPA RECOMMENDATION: ATTACHMENT A ORDINANCE 2007-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING I.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-IO" TO CITY OF WINTER SPRINGS "C-l NEIGHBORHOOD COMMERCIAL"; 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 Vill, 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 7, 2007 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 fmds 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 fmds 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. 2007.03 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 "A-IO" to City of Winter Springs "C-I Neighborhood Commercial" 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 reso lutions 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 2007-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-02 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 the day of , 2007. 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. 2007-03 Page 2 of 2 Exhibit 'A' iOs.C:0 ^/ ;1< /'/. ",x x- ~ KX.4::>c >6?5< 0<>;. . x, 'v . 7V./ << !)0x./~ :X-/^0< "x', I/' ,. x . ,IX ">y x: >< ~~ ,v' ~ ~:>*~';,; .VX'XO '~X f0<; '/ OY:XQ5 ?5Qs; ~ /.~ </)(X~ . >(Xl ~ '/ (l:,x ?:0Q;OVX:> ,. Z,... ' OM /X~. Q' 'Y'X ~ :>Q -x ;; ~ 7;' .:x~^ Vx ~ . ,vr/' ~ ~:; /<<?2 k . ~~ 'XA ' V V " o LXJ)O?<; k ;;: >Q) XI) 'X >QX 'h >~lS v :>c?>< SG )( ,. ',;.0 ^ n~ ::>> .~ S<:;x:: ')< ~QXX ~ .l<-. X ~~ ~~ v 0 =- ~~. ~ x; ~25< ,;('5y ~ 0<: tSf<~>< X/.X/X >< ~ ~ ~ v. </x;Y.,/'X ~?)( x./)(. :> ~~ x>0< sC >< /~A/~~ ?<XxXJXX/: ~ ~ ~I~ ~~/)( 'Y>?; ~~ ':/' (/'X: ?s2 ~)< /;ol'~ g&; ')(()'. 'XJX:X?< x9x0</V'5G ~ QW~ ~ :? x- lV >9' ^' 'X/' X'v A :> x; '7<.- iX --x YX 00? Subject Property State Road 434 434 I . - ~ Source: City of Winter Springs & Seminole County GIS Data. January 2007 I I I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HALF (5 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) or SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST, LESS ROAD RIGHT OF WAY, AND LESS, THE WEST 425 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57. BARRINGTON ESTATES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 80, INCLUSIVE, IN THE PUBLIC RECORDS or SEMINOLE COUNTY, FLORIDA. SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST. SEMINOLE COUNTY, FLORIDA; THENCE RUN 500'21'31 "E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 52.1.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434: THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES: THENCE S89'2.2.'57"W, A DISTANCE OF' 206.37 FEcri THENCE NOO'3"03"W, A DISTANCE OF 5.00 rEcr; THENCE SS9"22'S7"W, A DISTANCE OF' 32.30 F'EET TO A POINT ON THE E:AST LINE OF' THE WEST 425.00' OF THE SOUTH 1/2 OF' THE NORTHEAST 1/4 OF THE NORTHEAST 1/4- OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NQO'02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A. DISTANCE OF 316.2.7 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 or THE NORTHEAST 1/' OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF' SAID SECTION 4: THENCE N89'50'13"E, ALONG THE SOUTH LINE or SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 OF' THE NORTHEAST 1/4 OF' THE: NORTHEAST 1/4 or THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING.