HomeMy WebLinkAbout2005 04 05 Public Hearings 401 Ordinance 2005-08 Rezones 10.65 acres South Side of SR 434, intersection of Tuskawilla RoadPLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
ITEM 401
Apri15, 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 2005-08 which rezones
10.65 acres (more or less) from "A-1"Agricultural (Seminole County) to "Town Center" (City
of Winter Springs). for five (5) parcels containing 10.65 acres, more or less, located on the south
side of SR 434, at the intersection of Tuskawilla Road.
PURPOSE: The purpose of this request is to consider the administrative request for a Rezoning
of these parcels along SR 434. Action on this rezoning will be subject to the adoption of the Large
Scale Comprehensive Plan Amendment changing the future land use of this property.
APPLICABLE LAW AND PUBLIC POLICY
Florida Municipal Home Rule Powers Act.
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.
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 Realty Co. , 272 U.S. 365 (1926) (upholding the constitutionality ofthe principles
of zonin
~~~'
April 5, 2005
PUBLIC HEARING AGENDA ITEM 401
CHRONOLOGY:
Oct. 25, 2004- Annexation of property by Ordinance 2004-39
April 5, 2005- P& Z Board/LPA to hear the request and make recommendation to the Commission
CONSIDERATIONS:
Applicant - City of Winter Springs
Owner- Robbie R & Edward R Ondick
Location - On the south side of SR 434, at the intersection of Tuskawilla Road.
Site Information - The following five (5) parcels currently have a (Seminole County)
"A-1 Agricultural" zoning designation and are being considered for this rezoning to
(Winter Springs )"Town Center".
36-20-30-502-0000-0070 36-20-30-502-0000-0080 26-20-30-5AR-OA00-008F
36-20-30-502-0000-009A 36-20-30-502-0000-0090
Total Acreage- 10.65 acres, more or less (This acreage is taken from Sketch of
Description and Metes and Bounds from the surveyor. The Property Appraiser's acreage
varies from this amount and is less.)
PARCEL `A'
Property Address: SR 434- No Physical Address
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0070
Property Appraiser Acreage: 121,532 SF= 2.79 Acres
Property Legal D Property Legal Description: LEG LOT 7 JOE E. JOHNSTONS
SURVEY DB. 147 PG. 221
Existing Land Use: Vacant
Current Future Land Use: Office (Seminole County)
Pending Future Land Use: Town Center District (Winter Springs)
Existing Zoning: "A-1 Agricultural 1-Acre" (Seminole County)
Proposed Zoning: "Town Center" (Winter Springs)
PARCEL `B'
Property Address: SR 434- No Physical Address
E Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0080
Property Appraiser Acreage: 116,741 SF= 2.68 Acres
Property Legal Description: LEG LOT 8 (LESS RDS) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Existing Land Use: Vacant
Current Future Land Use: Oflice (Seminole County)
Pending Future Land Use: Town Center District (Winter Springs)
Existing Zoning: "A-1 Agricultural 1-Acre" (Seminole County)
Proposed Zoning: "Town Center" (Winter Springs)
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
PARCEL `C'
Property Address: 170 Tuskawilla Road
E Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS
c/o Handy Way
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-0090
Property Appraiser Acreage: 23,089 SF= .53 Acres
Property Legal Description: LEG PT OF LOT 9 DESC AS BEG 243.48 FT N 14 DEG
3 MIN53 SEC E OF SE COR RUN N 57 DEG 4 MIN 48
SEC W 106.51 FT N 38 DEG 45 MIN W 165 FT N 51
DEG 15 MINE 153 FT S 38 DEG 45 MINE 186 FT S 14
DEG 3 MIN 53 SEC W 150 FT TO BEG & W '/2 OF
VACD ST ADJ ONE (LESS RD) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Existing Land Use: Pinch A Penny Pool Supplies- Commercial Use
Current Future Land Use: Commercial (Seminole County)
Pending Future Land Use: Town Center District (Winter Springs)
Existing Zoning: "A-1 Agricultural 1-Acre" (Seminole County) .
Proposed Zoning: "Town Center" (Winter Springs)
PARCEL `D'
Property Address: Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 36-20-30-502-0000-009A
Properly Appraiser Acreage: 119,079 SF= 2.73 Acres
Property Legal Description: LEG LOT 9 (LESS BEG 243.48 FT N 14 DEG 3 MIN 53
SEC E OF SE COR RUN N 57 DEG 4 MIN 48 SEC W
106.51 FT N 38 DEG 45 MIN W 165 FT N 51 DEG 15
MINE 153 FT S 38 DEG 45 MINE 186 FT S 14 DEG 3
MIN 53 SEC W 150 FT TO BEG) JOE E JOHNSTONS
SURVEY DB 147 PG 221
Existing Land Use: Vacant
Current Future Land Use: Commercial (Seminole County)
Pending Future Land Use: Town Center District (Winter Springs)
Existing Zoning: "A-1 Agricultural 1-Acre" (Seminole County)
Proposed Zoning: "Town Center" (Winter Springs)
PARCEL `E'
Property Address: Tuskawilla Road- No Physical Address
Winter Springs, FL 32708
Property Owner: Robbie R & Edward R Ondick CO-TRS FBO
Owner's Address: 989 Greentree Drive; Winter Park, FL 32789
Property Appraiser Parcel I.D.: 26-20-30-5AR-OA00-008F
Property Appraiser Acreage: 2,100 SF= .05 Acres
Property Legal Description: LEG PT OF LOT 8 N OF TUSKAWILLA SUBD WLY
OF TUSKAWILLA RD & SWLY OF SR434 & E'/: OF
VACD ST ADJ ON W BLK A, D R MITCHELLS
SURVEY OF THE LEVY GRANT PB 1 PG 5
Existing Land Use: Vacant
Current Future Land Use: Commercial (Seminole County)
Pending Future Land Use: Town Center District (Winter Springs)
Existing Zoning: "A-1 Agricultural 1-Acre" (Seminole County)
Proposed Zoning: "Town Center" (Winter Springs)
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
Total Acreage -approx. 10.65 acres
ChronoloQV of Subject Property -The parcels were involuntarily annexed into the city on
Oct. 25, 2004.
Existing Land Uses -All of the parcels are vacant and undeveloped except for the corner
parcel where a commercial structure was built in 1982 and is currently leased to Pinch-A-
Penny Pool Supplies.
Adjacent existing land uses, zoning and FLUM designations include the following:
Subject Sltes Commercial RetaiU Vacant A-1 (SC) Commercial (SC) &
Office SC
North Town Center District T-C (WS) Town Center District (WS)
South Medium Density Residential R-T (WS) Medium Density Residential
(WS)
East Gas Station T-C (WS) Town Center District (WS)
West Vacant (in process of being T-C (WS) Town Center District (WS)
develo ed in Townhomes
(WS) Winter Springs; (SC) Seminole County;
Development Trends -The development pattern within and surrounding the properties
are primarily urban in form and intensity, being part of the Winter Springs Town Center.
The Town Center designation incorporates a mix of uses developed in the neo-traditional
manner. The underdeveloped properties are expected to develop in a pattern consistent
with the Town Center District.
Letters/Phone Calls In Favor Or Opposition -None as of March 17, 2005.
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. The Large Scale Comprehensive Plan Amendment changing the future land
use of this property to "Town Center District" was recently adopted by the Commission.
(3) Consistent with any Master Plan for the property- The property is designated within the Town
Center 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;
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone.
(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), beyond what has already been contemplated under the Town Center Future Land
Use designation.
(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 "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 an~y Land Use Re~,ulations- 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/LPA hold a Public Hearing related to
Ordinance 2005-08, and make recommendation of Approval to the City Commission regarding
changing the Zoning classification on the five (5) subject properties, containing 10.65 acres, more
or less, along South S.R. 434, west of the intersection at Tuskawilla Road, from (Seminole
County) from "A-1"Agricultural (Seminole County) to "Town Center" (City of Winter Springs).
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
IMPLEMENTATION SCHEDULE:
Apr. 14, 2005- Public Noticing in Orlando Sentinel of Public Hearing for ls` Reading
Apr. 25, 2005- Transmittal Hearing / ls` Reading of Ordinance 2005-08
July 25, 2005-Anticipated Adoption (subsequent to Large Scale Future Land Use Adoption)
ATTACHMENTS:
A. Ordinance 2005-08 including Map & Legal Description
PLANNING & ZONING BOARD/LPA RECOMMENDATION:
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
Ordinance 2005-08
t)1tDI~` AI\!C1~: 2008-0$
AN t)RDINANCE OF '1'HlE C['C1' CUR71Y1tS5it)N Ol: "1't-C)E~
CITY ()[~" WtN'C'ER SPRthG~S, SF.I~~iENt)I.l~~ Ct)UN'l`Y,
>FLOI~IDA, CH ANC~1hG THE t)Fi~"iC:LAL Zt)l~rlNG MAP
DESiCNA:I'It)N t)F F1tiFE 15) PARCELS O!' REAL
i'Rt)!'ER'i'Y, Ct)N'I'~I11[NC: IO.GS GRCISS ACRI~:S MC)RE OR
LESS, ,~-ND I.OCA~"ED GI~NN:FtALLY ALONG EAS'C S,C'A'I'E
R(JAD 434, MURE PARTICULARLY' AND LEGALLY
DI+;SCRIIiED HEREIN ti~i EYHI[3[T ``,A," A`l""I`ACHIrC1
HERE"CCl AND )~ LILLY' INCORPt~RA"CED HEREIN g~' THIS
REFERENCE,I+ROM SEMINOLE t;OUN"I'Y "A-1~ T`O CITY
OF W INTER SPRINGS "'GOWN CENTER;" PRC)VII)ING'I`HE
CC)I~fDITIQNS QF APPROVAL;. PRCIY'IDING IOR THE
:REPEAL OF PRIOR INCOI~SIS'CEN`f ORDINANCES ANI)
RESOLUTIONS, SEY'ERAI2ILI'CY, .4NlU- AN Et+'FECTIY'E
DATE.
1YHI+;I2~;AS, theGty Gamission is granted the authority, under Section 2(b~, Article '`III,
of the State Constipation, to exercise airy power far municipal p~upases, except when expressly
prohibited bylaw; and
WHEREAS, this amendment is being processed concurrently with a Comprehensive Plan
Map Amendment to change the future land use designation of said properties from S~ninale County
"t)~ce" ar "Commercial" to Winter Springs "'t'own Center;" and
WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at the Planning and Zoning Board's April S, 2~5
meeting; and
WHEREAS, the City Commission. of the City of Winter Springs held a duly noticed public
hearing an the proposed zoning change set forth hereunder and considered findings and advice of
staff, citizens, and all. interested parties submitting written and anal 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 this ordinance serves a legitimate public
purpose; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida hereby finds that
this Ordinance serves a legitimate government. purpose anal is in the best interests of the public
health, safety, and welfare of the citizens of Winter Springs, Florida.
aCity of winter Springs
Ordinance Na. 2U05-QS
Page l of 3
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
1V()V4', '1'HIREF()ititi, T'H1? C:'I`C1r' C()f~'1M1551(7N ()1~' THE. f'1'CY C)F V1rIN'I"IEFt
~iP1211\`C~ H1E1C~1i1I3Y t)RU,~IIV'~, AS F'C7~LI,()~~~5:
Sc.ctian 1. Recitals. The faregoinl; recitals are true and correct anti are fiilly
incorporated herein by this reference.
Section 2. Zoning Map Amend raents, The Official Zoning Map of the City of Winter
Springs as described in Cityof Winter Springs Cade, Scotian 20-:102, is herebyamcnded to include
a change of classification from Seminole County "A-l" to City of Winter Springs `°Town Center"
for the five (~}parcels ofproperty generally located along East State Road 434 and legally described
as follows:
Parcel #: 36-20-30-502-0000-0070
Parcel #: 36-20-30-502-0000-0080
Parcel #: 36-20-30-5AR-OAp0-008F
Parcel #: 36-20-30-502-0000-009A
Parcel #: 36-20-30-502-0000-0090
Address: East State Road 434
Address: 115 East State Road 434
Address; 1163 East State Road 434
Address: 1.1.61 East State Road 434
Address: 1165 East State Road 434
Section 3. Repeal of Prior Inconsistent Ordinances and Rcsalutlans, All prior
inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commssion, or
parts of ordinances and resolutions in conflict herewitl;, are hereby repealed to the extent of the
conf7 ct.
Section 4. 5everability. if any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is far any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such partite shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining ~rtions of this Ordinance.
Section 5. Effective Ilate. This ordinance shall become effective immediately upon the
efI'e~ive date of Ordinance 2005-07 as adapted. by the City Commission of the City of Winter
Springs, >~ lorida, and pursuant to the City Charter. If Ordinance 2005-07 does not become effective,
then this Ordinance shall become cull and void.
AllCIPT RD by the City Commission of the City of Winter Springs, Florida, in a regular
tncetitig assembled on the day of , 2005.
[SIGNATURE PAGE FOLLOWS]
City of Winter Springs
Ordinance No. 21105-08
Page 2 0#' 3
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
,luhn F. Bush, Ms~~~ar
A'I`"1' ES T':
Andrea Lorenxn-Luacc~s, Ct~r Clerk
Approved as to Icga1 form and sufficiency for
the City of W inter Springs only:
Anthan3~ A. Garganese, City Attorney
l;irst Reading:
Second Reading:
Effective Date:
City cif Winter Springs
or€iirtance No. Ztl(1~-(1$
page 3 cif
Apri15, 2005
PUBLIC HEARING AGENDA ITEM 401
Ordinance 2005-08
EXHIBIT `A'
LOCATION MAP
PARCEL NUMBERS
36-20-30-502-0000-0070
36-20-30-502-0000-0080
36-20-30-502-0000-009A
36-20-30-502-0000-0090
26-20-30-5AR-OA00-008 F