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HomeMy WebLinkAbout2007 11 07 Public Hearing 500 Ordinance 2007-25 PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY November 7. 2007 Meeting Consent Information Public Hearin!! X Re!!ular ITEM 500 REQ UEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2007-25, which changes the Zoning designation for four parcels, equaling 9.862 acres more or less, located at Florida Avenue and Lake Lucerne Circle from (Winter Springs) "C-2 (General Commercial)" to (Winter Springs) "PUD (Planned Unit Development)". PURPOSE: To consider the request of Engineered Homes of Central Florida to Rezone property on SR 434, from (Seminole County) "Rural-3" to (City of Winter Springs) for four parcels, equaling 9.862 acres more or less, located at Florida Avenue and Lake Lucerne Circle from (Winter Springs) "C-2 (General Commercial)" to (Winter Springs) "PUD (Planned Unit Development)". APPLICABLE LAW AND PUBLIC POLICY Florida Statute 166.041. (procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprin!!s Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances). Winter Sprin!!s Section 20-26. Intent and purpose. Winter Sprin!!s Section 20-27. City commission authority. Winter Sprin!!s Section 20-28. Due process; Special notice requirements. Winter Sprin!!s Section 20-29. Applications. Winter Sprin!!s Section 20-30. Staff review. Winter Sprin!!s 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 thereasons for the board's recommendation and show the board has considered the applicable rezoning November 7, 2007 PUBLIC HEARING AGENDA ITEM 500 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. Ifthe 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; (10) The proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare; (11) The proposed rezoning change is not out of scale or incompatible with the needs of the neighborhood or the city; (12) 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 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) (upholdin2 the constitutionality of the principles of zonin2). Florida Municipal Home Rule Powers Act. November 7,2007 PUBLIC HEARING AGENDA ITEM 500 CHRONOLOGY: June 12,2006- Adoption of Large Scale Comprehensive Plan Amendment changing the Future Land Use of the Dittmer property (PID# 33-20-30-503-0000-0250) to Medium Density Residential (Ordinance 2005-29). July 2 L 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use ofthe Elsea property (PID# 33-20-30-503-0000-025A) to Medium Density Residential (Ordinance 2006-06). July 21, 2006- Adoption of Small Scale Comprehensive Plan Amendment changing the Future Land Use of the Florida Avenue LLC property (PID# 33-20-30-507-0DOO-0100; & 33-20-30-507-0DOO-0900) to Medium Density Residential (Ordinance 2006-05). Sept. 12, 2007- Rezoning application received. Nov. 7, 2007- P& Z Board (LPA) to hear the request and make recommendation to the Commission. CONSIDERA TIONS: Applicant - Engineered Homes of Central Florida; 1155 S. Semoran Blvd., Ste 1118; Winter Park, FL 32792; (407) 571-4347; iporter@engineeredhomes.com Contract Purchaser - Keewin Real Property Company; 1031 West Morse Blvd., Ste 325; Winter Park, Florida 32789; (407) 645-4400; ifolk@keewin.net Property Owners - Elsea Property- Victor H. Richardson, Jr.; Charles A. Richardson; Timothy W. Elsea; Dittmer Properties-Walt Dittmer, Jr.; & Florida Ave., LLC- Jon M. Hall Parcel Numbers - 33-20-30-503-0000-0250; 33-20-30-503-0000-025A; 33-20-30-507-0DOO-0 100; & 33-20-30-507 -ODOO-0900 Acreage - approx. 9.872 acres with vacated right-of-way or approx. 8.8 acres without right-of-way General Location - The site is located in the vicinity of Florida A venue and Lake Lucerne Circle and immediately west of the Winter Spring's Water Treatment Facility. Legal Description - see sketch descriptions, attached. Existing Land Use - Vacant and Vacant Homestead. Existing Land Zoning PLUM Uses Subject Vacant, Requesting (WS) PUD Medium Density Residential (WS) Site Vacant Homestead from (WS) C-2 North Vacant, undeveloped PUD (WS) Medium Density Residential (WS) -- South Vacant, undeveloped A-I (SC) Low Density Residential (SC) ------------"-----.-.----..-.-- East Wastewater & PUD (WS) Public/Semi-Public (WS) Reclaimed Water Treatment Plant -.-----------.---------.------.-.- West Vacant and Single PUD (WS) and R-IA Medium Density Residential (WS) Familv Residential (SC) and Low Density Residential (SC) (WS) Winter Springs; (SC) Seminole County November 7,2007 PUBLIC HEARING AGENDA ITEM 500 Development Trends - The subject property is part of the proposed Winter Place subdivision. Letters/Phone Calls In Favor Or Opposition - None to date. 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 anv Master Plan for the property- The subject property is part of the proposed Winter Place subdivision and master plan; (4) Not Contrary to the Land Use Pattern Established bv the Comprehensive Plan- The proposed Rezoning change from Winter Springs "C-2 General Commercial" to Winter Springs "PUD Planned Unit Development" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The property has a future land use designation of Medium Density Residential along with the adjoining properties to the west, north and east. (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 north is already zoned PUD. The subject property is part of the proposed Winter Place PUD development. (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) The proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (7) Does Not Create Illogicallv 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 current Zoning is incompatible with the Medium Density Residential Future Land Use Map classification that was adopted in July 2006. Therefore the proposed Rezoning to PUD is necessary to make the Zoning consistent with the Future Land Use designation. (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; (11) Not Detrimental to Future Improvement of Adiacent Vacant Propertv- 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; November 7,2007 PUBLIC HEARING AGENDA ITEM 500 (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: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2007-25, and make a recommendation to the City Commission regarding changing the Zoning classification on the subject property located in the vicinity of Florida Avenue and Lake Lucerne Circle from "C-2 General Commercial"(Winter Springs) to "PUD Planned Unit Development" (Winter Springs). TENTATIVE IMPLEMENTATION SCHEDULE: November 26,2007- 1st Reading of Ordinance 2007-25 December 27,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) January 14,2008- 2nd Reading /Adoption of Ordinance 2007-05 ATTACHMENTS: A. Current Future land Use Map, November 2007 B. Current Zoning Map, November 2007 C. Ordinance 2007-25 including Location Map & Legal Description PLANNING & ZONING BOARD / LPA RECOMMENDATION: ATTACHMENT A Existing Future Land Use Map - Nov. 2007 LEGEND _ Commercial _ Medium Density Residential _ Industrial r,~&ilH Public I Semi-Public _ Recreation <r o w ;;; ~ s: .< I o I 600 I 1,200 Feet 300 D N ATTACHMENT B Existing Zoning Map - November 2007 LEGEND IU] C-2 1-1 N '" .... >- ~ r " r <Ii ::i I o I 300 600 I 1 ,200 Feet D N ATTACHMENT C ORDINANCE 2007-25 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF REAL PROPERTY GENERALL Y LOCATED ALONG FLORIDA AVENUE AND LAKE LUCERNE CIRCLE IN WINTER SPRINGS, FLORIDA AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, FROM "C-2 GENERAL COMMERCIAL" TO "PUD PLANNED UNIT DEVELOPMENT"; ZONING CERTAIN RIGHT-OF-WAY LEGALLY DESCRIBED IN EXHIBIT "A" AS "PUD PLANNED UNIT DEVELOPMENT" UPON VACATION OF SAID RIGHT-OF-WAY BY SEMINOLE COUNTY; 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 ofthis Ordinance at their November 7,2007 meeting; and WHEREAS, the City Commission ofthe 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. City of Winter Springs Ordinance No. 2007-25 Page 1 of 3 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 include a change of classification from "C-2 General Commercial District" to "PUD Planned Unit Development" for the four( 4) parcels of real 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. Zoning Designation for Vacated Right-of-Way. The City Commission acknowledges that Seminole County is currently evaluating an application to vacate the public rights- of-way constituting a portion of Florida Avenue and another unnamed platted right-of-way along the eastern side ofthe subject property ("Rights-of-Way"). The Rights-of-Way are depicted and legally described on Exhibit "A," attached hereto and fully incorporated herein by this reference. The City Commission hereby establishes that the Rights-of Way shall be zoned "PUD Planned Unit Development" contingent upon vacation of the Rights-of-Way by Seminole County. Section 4. 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 5. 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 6. Effective Date. This ordinance shall become effective immediately upon adoption, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS} City of Winter Springs Ordinance No. 2007-25 Page 2 of 3 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. 2007-25 Page 3 of 3 Exhibit 'A' Ordinance 2007-25 qI .... Su j ect Pro erty >- I CJ :r u) :::i Parcel 10 # 33-20-30-503-0000-025A: Lot 25 (less the west 204.42 feet of the south 341.94 feet) ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 6.179 acres, more or less. Parcel 10 # 33-20-30-503-0000-0250: The west 204.42 feet of the south 341.94 feet of Lot 25 and the east 25.00 feet of the south 200.00 feet of Lot 24, all of ENTZMINGER FARMS ADDITION NO.3, according to the plat thereof recorded in Plat Book 6, Page 27, Public Records of Seminole County, Florida. Contains 1.76 acres, more or less. Parcel 10 # 33-20-30-507-0000-0090: Lot 9, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .55 acres, more or less. Parcel 10 # 33-20-30-507-0000-0100: Lot 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Contains .621 acres, more or less. Vacated portion of Florida Avenue (County owned) right-of way: That portion of Florida Avenue, a 50 foot public right of way per ENTZMINGER FARMS, ADDITION NO.3 according to the plat thereof as recorded in plat Book 6, Page 27, Public Records of Seminole County Florida, lying South of and adjacent to Lot 25, said ENTZMINGER FARMS; West of an un-named 25 foot public right of way per said ENTZMINGER FARMS; North of and adjacent to Lot 10, FLAMINGO SPRINGS according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County; and East of a line extended from the Northwest corner of said Lot 10, terminating at and perpendicular to the North right of way line of the aforesaid Florida Avenue. Contains .50 acres, more or less. Applicable portion ot vacated portion ot County owned right-ot-way immediately adjacent to the east property line ot Parcel 10 # 33-20-30-503-0000-025A: That portion of a 25 foot un-named right of way indicated on ENTZMINGER FARMS, ADDITION NO.3, according to the plat thereof as recorded in Plat Book 6, Page 27, Public Records of Seminole County Florida lying East of Lot 25, said ENTZMINGER FARMS, and East of Lots 9 and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 8, Page 72, Public Records of Seminole County, Florida; South of the Easterly extension of the North line of said Lot 25 terminating at the Easterly line of said un-named right of way; and North of the Easterly extension of the South line said Lot 9 terminating at the Easterly line of said un- named right of way. Total vacated right of way contains .56 acres, more or less. TOTAL ACREAGE (including applicable portion ot vacated right-ot-ways) - 9.862 acres, more or less.