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Home My WebLink About2007 03 07 Public Hearing 203 Ordinance 2007-05 PLANNING & ZONING BOARD I LOCAL PLANNING AGENCY March 7. 2007 Meeting x ITEM 203 REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2007-05 which rezones 8.8 acres (more or less), located on the north side ofSR 434 east ofthe entrance to Barrington Estates and 600' west of DeLeon Street, from (Seminole County) "A-3" Agricultural to (Winter Springs) "C-l Neighborhood Commercial" . PURPOSE: To resolve the fact that the zoning was never subsequently changed to a Winter Springs category after annexation from Seminole County in 2003 and to consider the request of Stan Toledo for Rezoning ofthe property to a zoning classification 0 f (Winter Springs) ''C-l Neighborhood Connnercial". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprin2s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprin2s Section 20-26. Intent and purpose. Winter Sprin2s Section 20-27. City commission authority. Winter Sprin2s Section 20-28. Due process; Special notice requirements. Winter Sprin2s Section 20-29. Applications. Winter SPrin2s Section 20-30. Staff review. Winter Sprin2s 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 March 7,2007 PUBLIC HEARING AGENDA ITEM 203 criteria set forth in this section. (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 prolnbited 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 Sprines 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 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 Realtv Co. . 272 U.S. 365 (1926) (upholdine the constitutionality of the principles of zonine). Florida Municipal Home Rule Powers Act. March 7, 2007 PUBLIC HEARING AGENDA ITEM 203 CHRONOLOGY: July 28. 2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission previously annexed the subject property pursuant to Ordinance 2000-36 on November 27, 2000; however, Seminole County and the City of Oviedo challenged the annexation. On July 7,2003, the circuit court quashed the ordinance and remanded the annexation to the City Commission for further proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court determined that the legal advertisement of the ordinance did not contain a legible map, however the court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted the findings of the circuit court supporting the City's right to annex the subject property, and annexed the subject property on July 28,2003. Feb. 13.2007- Application received for Future Land Use change and Rezoning. Mar. 7.2007- P& Z Board (LPA) to hear the request and make recommendation to the Commission. CONSIDERA TIONS: Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708 Owner - Stan & Judy Toledo, Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708 Parcel Number- 25-20-31-5BA-0000-0190 Acreage - approx. 8.8 acres General Location - The site is located on the north side ofSR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street. Legal Description - Lot 19, The Van Arsdale Osbourne Brokerage Co,'s Addition to Black Hammock, plat Book 1, Page 31. Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land l Sl'S Zoning FLl \1 Subject Site Vacant, Undeveloped Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) . ------------------- ________________________ _!om lSC) AL___________~ural:L__________________ North Agriculture - Growing of A-3 Agriculture (SC) m Rural-3 (maximum of one Ornamentals Winter Springs dwelling unit per 3 acres) (SC) in Winter Springs --.-..----..--.....-.-- .--.--..---..--.-.--.----....---..--- ...-----.---.--.---.---..---....-.--.-.--.-- ..--.-.------------- South Vacant, Undeveloped A-I (SC) Low Density Residential -.....-.--..---.-..--.--..-...--....-.--.--- ---.---...--.-.-........--.-....-.-...---.-.---....-._._._. .J~g.l__._.__.____._.....__....._._ East Vacant, Undeveloped A (OV) Low Density Residential ..-..-.--...-..-...-.---.-------.-..-.....___. ......._..__.._....._...__..._..._.....__.__._._.__.._.__._. .._ (0 .Y-L____.__.__.____.__....___._..____ West Vacant, Undeveloped Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) from (SC) A-lO Suburban Estates (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo tvtarch 7, 2007 PUBLIC HEARING AGENDA ITEM 203 Development Trends - The property immediately west of the subject property was annexed into Winter Springs in February. Letters/Phone Calls In Favor Or Opposition - None to date. REZONING ANALYSIS: The following summarizes the data and issues which stll:ff 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 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-3 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 Barrington Estates. The majority ofparcels on the south side ofSR 434 in Oviedo are zoned "R-I Single Family Residential" which allows a maximum of5.12 dwelling units per acre. (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, which is prolubited by law. The adjoining property to the west (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 (in Seminole County) to the west be annexed, it would likely be considered for "C-I Neighborhood Commercial" as well. (6) Does Not Materiallv Alter the Population Density Pattem- 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 ofthe 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- 1 Neighborhood Commercial" is the most appropriate designation for the north side ofthe 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 N.farch 7, 2007 PUBLIC HEARING AGENDA ITEM 203 determined by evaluating the prevailing character ofthe area around the subject property; (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; (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: Staffrecommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2007-05, 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 2007-05 March 29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) Apri19, 2007- 2nd Reading /Adoption of Ordinance 2007-05 ATTACHMENTS: A. Ordinance 2007-05 including Location Map & Legal Description B. Current Zoning Map, February 2007 PLANNING & ZONING BOARD / LPA RECOMMENDATION: ATTACHMENT A ORDINANCE 2007-05 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 8.8 ACRES MORE OR LESS, GENERALL Y LOCATED ALONG WEST ST ATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-3" TO CITY OF WINTER SPRINGS "C-1 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 Section2(b), Article vrn, 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 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 Winter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to City of Winter Springs Ordinance No. 2007-05 Page I of 2 include a change of classification from Seminole County "A-3" to City of Winter Springs "C-! 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 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 2007-04 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2007-04 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 A ITEST: 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. 2007-05 Page 2 of 2 EXHIBIT 'A' Source: City of Winter Springs & Seminole County GIS Data, January 2007 I I I o 255 510 1,020 Feet ~ N LeQal Description: Lot 19 (less road) The Van Arnsdale Osborne Brokerage Co.'s Addition to Black Hammock, Plat Book 1, Page 31