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HomeMy WebLinkAbout2005 01 05 Public Hearing 401 Ordinance 2005-03 Rezones 1.95 acres at 1136 Orange AvenuePLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 401 January 5, 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2005-03 which rezones 1.95 acres (more or less), located at 1136 Orange Avenue from "A-1"Agricultural (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The purpose of this request is to consider the request of Srinivas Chari & Ramani Kilambi for a Rezoning of their property at 1136 Orange Avenue, recently annexed from Seminole County effective December 31, 2004. 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 fi*~~ j January 5, 2005 PUBLIC HEARING AGENDA ITEM B 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 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 bylaw. (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 a Amber Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). Florida Municipal Home Rule Powers Act. January 5, 2005 PUBLIC HEARING AGENDA ITEM B CHRONOLOGY: Jan. 5, 2005- P& Z Board to hear the request and made recommendation to the Commission CONSIDERATIONS: Applicant -Srinivas Chari &Ramani Kilambi; 1136 Orange Avenue; Seminole County, Florida 32708 Owner - Srinivas Chari &Ramani Kilambi Parcel Number - 26-20-30-SAR-OB00-006A Acreage -approx. 1.95 acres General Location -The site is located at 1136 Orange Avenue, northeast of Central Winds Park and south of Lake Jesup. Legal Description - LEG E 150 FT OF LOT 6 BLK B DR MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Chronology of Subject Property -Annexation Agreement was reached on February 23, 2004. Property was annexed on December 13, 2004, by Ordinance # 2004-46, with an effective date of December 31, 2004. Existing Land Use -There is a single family residence on the site. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: Development Trends - The site has a recently constructed single family home on it. No changes are being proposed at this time. Letters/Phone Calls In Favor Or Onnosition -None. 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 incompliance 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. Aland use designation for the parcel was not included on the City's Future (WS) Winter Springs; (SC) Seminole County January 5, 2005 PUBLIC HEARING AGENDA ITEM B Land use ivlap, because the parcel was annexed into the City. (3) Consistent with any Master Plan for th_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 "Town Center" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The 1.95 acre parcel is located northeast of Central Winds Park, which is also zoned "Town Center". (5) Does Not Create Spot Zoning_ The proposed Rezoning does not create a spot zone. Designation of this parcel as anything other than "Town Center" could be considered "spot zoning" which is prohibited by law. (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); (7) Does Not Create Illo ig rally 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 "Agricultural" Zoning. The "Town Center" designation is the zoning immediately surrounding the subject property. (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- N/A; Most of the surrounding area is developed. 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. January 5, 2005 PUBLIC HEARING AGENDA ITEM B S'1'Ar'r' RF,COMMENDA 1'lO1V Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2005-03, and make recommendation to the City Commission regarding changing the Zoning classification on the subject property at 1136 Orange Avenue from "A-1"Agricultural (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Jan. 24, 2005- 1st Reading of Ordinance 2005-02 Feb. 3, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14, 2005- 2nd Reading /Adoption of Ordinance 2005-02 ATTACHMENTS: A. Ordinance 2005-03 including Map & Legal Description PLANNING & ZONING BOARD RECOMMENDATION: January 5, 2005 PUBLIC HEARING AGENDA ITEM B ATTACHMENT A C)RDIN~~~NCE 2(IOS-(i3 AN C)RDINANCE of THE CiT'~' COi~~illtiISSIQN OI' THE CIT4' C3F WINTER SPRINGS, SEIVIINC)LE CC3LJNTY, FLC)RIDA, CHANC~IN'G TAE OI'FIC'I.1L ZC)NING MAP i)ESIC~NA7'IC)N C)l~' ()NE (1) PARC'li;L OF REAL Pit4)PERTY, CC)NTA[NING l.i)5 GROSS At;KES ~~i()KE C3R LESS, AND LC)CATED AT 11.36 ORANGE AVENI.IE, WIN'I'Eit SPRINGS FL©RIDA, IViC)RE PARTICULARLY AND LEGALLY DESCRIBED.. HEREIN Il'rT EXHIBIT "A," ATTACHED HERETO AND FULLY INC(JrRP()R.<1TET1 HEREIN BY THIS RErERENCE, FRO~~i SENIiNOLE C+O-t1NT4"'A-1'" TO CITY OF WINTER SPRINGS "TO~'VN CENTER;" PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR THE REPE:IL Oi, PRitIR INCONSISTENT ORDINANCES AND RESOLti1'ION~S, SEVER~ijILIT~', AND AN EFFECTIVE DATE. WHEREAS, the City Commission. is granted the authority, under Section 2(b}, Artiele VIII, of the State Constitution, to exercise any power for municipal parposes, except when. expressly. prohibited by taw; and ~'VH)4;i2EAS, this an~rendmerrt is being prc7cessecl concurrently with a Comprehensive Flan. Map Amendment to ch4ln~e the future land use designatiarr of said property frafn Seminole County "Suburban Estates" and "Conservation" tc~ Winter Springs "Town Center" and. "Conservation overlay" (orl those affected areas); and WHEREAS, the Planning and Zoning Bc>arci anti City Staff of the City of Winter Springs ha~fe recommended approval of this ordinance at the Planning and Inning Board's January 5, 2005 fneeting; and WHEREr~S, 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 subn•ritting written and oral comments and srtpporting data and. analysis, and after complete deliberation, hereby finds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that this ordinance serves a legitimate public lxrrpc:rse; and WHEREAS, the City Commission of the City of Winter Springs, Florida hereby finds that this C}rdnauce 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. City of 1~'ititer Strrngs Ordinance No. ?(X)5 -03 Page l ter 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM B ATTACHMENT A NOW, THERI±;FC}RE, THE CITY COMI4TISSIUN OF THE CITY 4F WINTER SPRINGS I3EI~E~Y aRDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Loving 117ap Amendments. Tlic Official Zoning Map of the City of Winter Springs as described in City of Winter Springs Coda, Section 20-102, is hereby amended to include a change of classification from Seizzole County "A-l" to City of Winter Springs "Yawn Center" for that property described an "Exhibit A," attached hereto and. fully incorporated herein by this reference. Section Repeat of Prior Inconsistent Ordinances anal Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of jTJinter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed. to the extent of the conflict. Section 4. Severabitity. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid ar unconstitutional by any court of competent jurisdiction, tivhether 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 2005-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-02 does not become effective, then this Ordinance shall become null, and void. AllOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled an the day of , 2005. ATTEST: Andarea Lorenzo-Luaces, City Clerk John F. Bush, Mayor Cfry of Winter Springs Ordinance No. 20(35-03 Aage 2 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM B ATTACHMENT A ApP~~oved as to legal :farm alad stafficieucy for the City of Winter Springs only: Anthony A. Ga~rganese, City Attorney First Reading: Second Reading. Effective Date: City of'Winter Springs Ordinance Na. 2004-42 Page 3 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM B LOCATION MAP ATTACHMENT A Ordinance 2005-03 EXHIBIT `A' Lake Jesup i r~ 1 SUBJECT SITE 1l ,, ,, ~~~, ~~ ~ ~ , .~ f r I .DTI RI!1 'z~~ .,~ ~1 ' ~ to r S pf~rn ,, Hig of ~~h ~~-~~. .„..'Y*~... 5 I ~~ . j: ~. -„~. 1 '~ .. ~: A E • ~... f f j '+~~8; 4 '•, / $ ~ '~~~ !ry~ ~ ,~ ~::;~ ~ ` ~~^ td ~# J~ { ~,~ ~j F ~•~ 1P f , ~ ~ '~„ _ ~ t ~ AQ/ __ ~~rf~ °-~, Parcel # 26-20-30-5AR-OB00-006A Legal Description: THE EAST 150 FEET OF LOT 6 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: January 5, 2005 PUBLIC HEARING AGENDA ITEM B ATTACHMENT A Ordinance 2005-03 EXHIBIT `A' Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "D.R. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78°13'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78°13'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE AVENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUN N14°50'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERLY ALONG SAID WATERS TO A POINT BEARING (N15°24'07"E AS MEASURED) N14°50'39"E FROM THE POINT OF BEGINNING, THENCE RUN (S15°24'07"W AS MEASURED) S14°50'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. CERTIFIED TO: SRINIVAS SAGAR CHARI AND RAMANI KILAMBI, TOUSA HOMES, INC. dba ENGLE HOMES ORLANDO, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, WELLS FARGO HOME MORTGAGE, INC. bealesmith@cfl.rr.com P.O. Box 151633 Altamonte Springs, FL 32715-1633 407-331-5577