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HomeMy WebLinkAbout2005 07 06 Public Hearing 401 Ordinance 2005-21 Rezones 5.13 acres at 820 SR 434PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 401 July 6, 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 2005-21 which rezones 5.13 acres (more or less), located at 820 S.R. 434 from "A-1" Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs). PURPOSE: The purpose of this request is to consider the request of Richard A. Jerman on behalf of Hope L. Shull for Rezoning of the property at 820 S.R. 434, recently annexed from Seminole County. 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 ~~~,~ July 6, 2005 PUBLIC HEARING AGENDA ITEM 401 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 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 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 of the principles of zoning). Florida Municipal Home Rule Powers Act. July 6, 2005 PUBLIC HEARING AGENDA ITEM 401 CHRONOLOGY: May 23, 2005- Application received for Annexation and subsequent Future Land Use change and Rezoning. Jiuie 27, 2005- Adoption of Ordinance 2005-19, annexing the property. July 6, 2005- P& Z Board (LPA) to hear the request and made recommendation to the Commission. CONSIDERATIONS: A licant -Richard A. Jerman, 1750 W. Broadway Street, Suite 118 ,Florida 32765 Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765 Parcel Number - 04-21-31-300-0120-0000 Acreage -approx. 5.13 acres General Location -The site is located on the north side of SR 434, east of the Greeneway, across from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes. Legal Description -LEG SEC 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE'/. Chronolo~y of Subject Property -The property was annexed into Winter Springs on June 27, 2005. Existing Land Use -The property contains two small (414 SF and 1183 SF) dilapidated single family homes and several other sheds buildings. A car repair garage was housed in one of the structures at one time and remnants of that activity including old vehicles, equipment and other junk are strewn around 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: Subject Site Single Family Residential A-1 (SC) Suburban Estates (SC) and __......._...._..._....._ ....................___._. ..........__. _._._.._...._.__................_...._.__...__._.._.............._. Conservation CSC) North Conservation (WS) Conservation (WS) South Single Family Residential R-1 Single Family LDR- Low Density _(McKinleyMills' Subdvsn) .Residential ~OV~ __ ___ _ Residential_~OV~_____ _ _ _ I~:ast Multi Family Residential C-1 Neighborhood Commercial (WS) .(Barclay Reserve Twnhn~s~ .Commercial ~WS~_ _ _ West Vacant A-1 (SC) Suburban Estates (SC) and Conservation SC (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The current owner is an elderly woman who grew up on the property, inherited it, and resides there with her husband and son, until the sale the property is completed. Mr. Jerman, the Applicant has indicated that he would like to develop the property in the near future possibly as townhomes. Letters/Phone Calls In Favor Or Op osp ition -The City has received one inquiry regarding annexation from the property owner of the vacant parcel to the west. No correspondence has been received from any one opposing the land use change. REZONING ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: July 6, 2005 PUBLIC HEARING AGENDA ITEM 401 (l.) 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 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 "C-1 Neighborhood Commercial" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The parcel is located west of Barclay Reserve which is also zoned "C-1 Neighborhood Commercial"; (S) Does Not Create Spot Zoning= The proposed Rezoning does not create a spot zone. Designation of this parcel as anything other than "C-1 Neighborhood Commercial" might be considered "spot zoning" which is prohibited bylaw; (6) Does Not Materially Alter the Population DensityPattern- 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 Illo ig cally 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 "C-1 Neighborhood Commercial" 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 dc;termined 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; July 6, 2005 PUBLIC HEARING AGENDA ITEM 401 (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 2005-21, and make recommendation to the City Commission regarding changing the Zoning classification on the subject property at 820 S.R. 434 from "A-1"Agricultural (Seminole County) to "(:-1 Neighborhood Commercial" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Aug. 8, 2005- lst Reading of Ordinance 2005-21 Aug. 11, 2005-Public Noticing in Orlando Sentinel (10 days prior to adoption) Aug. 25, 2005-2nd Reading /Adoption of Ordinance 2005-21 ATTACHMENTS: Ordinance 2005-21 including Map & Legal Description PLANNING & ZONING BOARD / LPA RECOMMENDATION: ORDINANCE 2005-21 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 5.13 ACRES MORE OR LESS AND LOCATED AT 820 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED HERETO, FROM SEMINOLE COUNTY "A-1" 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 Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at their July 6, 2005 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 include a change of classification from Seminole County "A-1" to City of Winter Springs "C-1 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 City of Winter Springs Ordinance No. 2005-21 Page 1 of 2 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 immediatelyupon the effective date of Ordinance 2005-20 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-20 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 , 2005. 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. 2004-20 Page 2 of 2 July 6, 2005 PUBLIC HEARING AGENDA ITEM 401 ZONING MAP JUNE 2005 ~d'Ci':G CL,~SSiF ^ RiCt IC.4T~ON LEGS\'D . C-i R.:1«~A, v. C- :~..., ("~ R_iA .a GID R-T C-C LEGAL DESCRIPTION: LEG SEC 04 TWP 21 S RGE 31 E W 1/2 OF NE 1/4 OF NW 1/4 OF SE'/. METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract No. 3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW '/< of the NW '/< of the SE '/ of Section 4, Township 21 South, Range 31 East, said point being on the North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida.