HomeMy WebLinkAbout2004 02 04 Public Hearings Item B-2
Planning & Zoning Board /
Local Planning Agency
February 4,2004
Meeting
Consent
Information
Public Hearing X
Re~ular
AGENDA ITEM 2
REQUEST:
The Community Development Department - Planning Division requests the Planning & Zoning Board
hold a Public Hearing related to Ordinance 2004-06 which rezones 8.9 acres (more or less), located at
900 East SR 434 adjacent to Central Winds Park, from "A-I" (Seminole County) to "Town Center"
(City of Winter Springs).
PURPOSE:
The City of Winter Springs is initiating a request to establish a City of Winter Springs' Zoning
Classification for a parcel recently Annexed into the City from Seminole County. The City is initiating
the change as the Applicant and as the property owner.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
(3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a
parcel or parcels ofland involving less than 10 contiguous acres, the governing body shall direct the
clerk of the governing body to notify by mail each real property owner whose land the municipality
will redesignate by enactment of the ordinance...
Winter Sprines Charter Section 4.15 Ordinances in General.
Winter Sprines Section 20-57. The plmming 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.
Winter Sprines Section 20-102 Cd) Rezonine application~ procedures~ standards of review.
(The following fourteen (14) standards were recently added to the Code when Sections 20-101 and
20-102 were amended on January 26, 2004. These provide detailed standards for reviewing a
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
rezoning application.)
Any party may request consideration for rezoning by submitting a completed Rezoning Application
to the Community Development Department- Planning Division along with the items required to be
supplied at the time of application, including payment of any associated fees as established by
resolution or ordinance of the city commission. After the application is submitted, the planning and
zoning board shall review the application at its next regularly scheduled meeting and shall forward
its recommendations to the city commission. Subsequent to receiving the recommendations of the
planning and zoning board, the city commission shall determine whether it will approve, approve,
with conditions, or deny the rezoning application. All rezoning applications shall be reviewed for
compliance with the following standards:
(I) 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 adj acent property;
(12) The proposed rezoning will not constitute a grant of special privil'ege 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;
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdin2: the constitutionalitv of the
principles of zonin2:).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding
Central Winds Park.
Dec. 2003- Property posted with signage Noticing Upcoming Public Hearings and adjacent land
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
owners notified by Certified Letter.
Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42.
Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing for Small Scale
Comprehensive Plan Amendment changing the FLUM.
Feb. 04, 2004- P& Z Board to hear the request and make recommendation to the Commission
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - City of Winter Springs
Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030
Acreage - approx. 8.9 acres
General Location - The site is vacant and is located adjacent to the west side of Central Winds Park
at 900 East SR 434 and previously was referred to as the "Wincey tract".
Legal Description - The East Y2 of Lot 3, Block C and the East Yz of Lot 3, Block D and the portion
of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as
recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida.
Existing Land Use - The propeliy is currently vacant, although previously it had a mobile home,
barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the
following:
< Existing Lan lJses _ = ~ Zoning \ I FLUM
I I I ~
Subject Site Vacant, Undeveloped A-I (SC)
__'__M__'M'~'_"'_""'__'_'''''''''_'''__'_'_''_ ...._.___._____..___.............._.........__....n.n.....__......m......................__ ........__..,........................._....... ...... ..................... ......,........__.... "_N" ......____.......__...............................__....__..............__._'__'M"....__...,_
North Lake Jesup -
._______~_n._._.__._._._._._.__.....__. .........__._..........................................."....................M................................... ._..u_......................................................... ..........._.... .m......... ......_.... ............_....................._........................_.................._,"m'''",,,,,,,,,,,,,,,,,,,,,,,
South Single Family Residential C-I (WS)
.......--.......--.-..............-...-........................................................... ... ..........................................................-.......-............
East Central Winds Park Town Center (WS)
........._.......m......m........._.._..._.._.................__.._................m.............. .....................................................................................................__...._._._..
West Single Family Residential A-I (SC)
SE- Suburban Estates (SC)
Commercial (WS)
................................................--....-..----...--.........---.-....-.....-....-..........---
Town Center (WS)
...........-...--...---...--...-...................-.......-..-....-............-...--.
SE- Suburban Estates (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The City purchased the subject site for the purpose of expanding Central
Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake
Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property
completes the Master Plan of property expansion for Central Winds Park as recommended to the
City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000
State FURDAP Grant provided the balance of funds needed to fund the acquisition.
The future utility area has been designated by the Commission as the temporary site for the City of
Winter Springs Paw Park.
Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from the general
public, but no one voiced any opposition.
Public Facilities - The ability to expand Central Winds Park into this property, complete a circular
traffic artery to provide better access and improved traffic control, additional parking, and a site for
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
the water reclamation facility will have a positive impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that
supports the surrounding land uses and objectives for the future of Winter Springs. The requested
future land use map designation is consistent with the surrounding areas.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - A land use designation for the parcels was not
included on the City's Future Land Use Map, because the parcels were Annexed into the City.
Therefore, consistency with the City's Future Land Use Map is not applicable.
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; The adjacent land owners
have been appropriately noticed as required, and any 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. A land use designation for the parcel was not included on the City's Future
Land Use Map, because the parcel was recently annexed into the City.
(3) Consistent with any Master Plan for the property- The property is part of an acquisition Master
Plan for Central Winds Park, and was officially acquired on Sept. 30, 2003.
(4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed
Rezoning change from Seminole County "A-l Agricultural" to Winter Springs "Town Center" is
appropriate and compatible with the land use pattern established by the city's comprehensive plan;
A Winter Springs "Town Center" designation most closely resembles the character of the area
(including Central Winds Park, City Hall and Winter Springs High School which also have the Town
Center designation.
(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);
(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.
(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;
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
(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 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 (new) fourteen (14) review standards
included in Section 20-102 were satisfied.
STAFF RECOMMENDATION:
Staff recommends that.the Planning & Zoning Board hold a Public Hearing related to Ordinance
2004-06, which Rezones the subject property at 900 East SR 434, from "A-I" (Seminole County) to
"Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Feb. 4, 2004- Planning & Zoning Board Public Hearing
Feb. 23, 2004- 151 Reading by Commission of Ordinance 2004-06
ATT ACHMENTS:
A. Central Winds Park Expansion Area Plan
B. Ordinance 2004-06 including Map & Legal Description
PLANNING & ZONING BOARD ACTION:
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT A
Central Winds Park Expansion Area Plan
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CENTRAL WINDS PARK, EXPANSION AREA
CITY OF WINTER SliRINGS, PARKS & RECREATION DEPARTl\tENT
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT B
ORDINANCE 2004-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CI.TV OF' ',VINTEU -SPRINGS,FLORIDA, CHA NGING THE
ZONING lVIAP DESIGNA TION OF THE REAL PROPERTY
LOCATED WITHIN SEM.lNOLE COUNTY, :FLORIDA AND
LE.GALL Y DESCRIBED AS EAST 'n OF LOT ~\ BLOCK C,
AND EAST '/2 OF LOT J, BLOCK D, OF lVIITCHELL'S
SURVEY OF-LEVY GRANT ON LAJ(E JESSUP,
ACCORJ:HNG TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF'
SE!.\'lINOLE COUNTY, FLORIDA, INCLlIlHNG THAT
PORTI:ON OF ORANGE A VENUE THATINTERSECTS THE
'1"\10 LOTS, AND GENERALLY LOCATED ON STATE
ROAD 434 AD,JACENT TO CENTR.\l~ WINDSPAH.K AND
MORE PARTICULARLY ])E!~C]UBED ON EXHIBIT "A"
ATTACHED HERETO AND FULLY INCORPORATE,I)
HEREIN BY TI-IISREFERENCE,FROM SE:!\'IINOLE
COllNTY '~A-l AGRICULTURAL'~ TO CITY OF 'VINTER
SP]J"[N;G'S wI.'(-)WNI (:v.N,'['v:R IlIS'J"[Y[(;'J"" [)R(")VI[lINC' 'f:'()J)
'_ , .1 f._ . _ J .I:..!. .1:.. ..'_ .,. , .. _. J f,. ,
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS, S.EVERABILTI'V ,ANDAN.EFFECf[VE
DATE.
"VH.EH.EAS, Ule Planning and Zoning Board and City Staff of the City of \-Vinter SpJings
have rec.olllmended approval of this Ordinanc.e at their Febmary 4, 2004 meeting; and
\VHEREAS, the City Commission ofthe City of Winter Springs helel a duly notic.ed public
hearing on the proposed zoning change .set forth hereunder and considered tlndings and advice of
staff, citizens, and all intereste.d parties submitti.ng wlitten and oral comments and supporting data
and analysis, and after c.omplete deliberation, hereby finds the requested change consistent with the
City of Wi nter Springs' Comprehensive Plan and that-sufficient, competent, and substanti;:i1evidence
SUppOI1S Ule zoning change setfol1h hereunder; and
Cir)' of Winter Springs
Ordinanl'e No. 2~-06
Page I l)f J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT B
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 CrTY COMMlSSION OF TI-m CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS 1'OI...I.-O\","S:
Section 1.
Redtals.
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
\Vinter Springs as described in City of Winter Springs Code Section 20-102 is hereby amended to
include a change of classification !'rom Seminole County "A-I Agricultural" to City of Winter
Spri ngs "Town Center Distri ct"' for Ule property leg all y described onE.xhi hi t :; A," whi ch is at1ached
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 01" Prior Inconsistent OrdinlU1(:('s and Ill'solutions. All prior
inconsistent ord inances and n:'-solutions adopted by Ule City Commission, or parts of ordinances and
resolutions in contlict herewith, are hereby repealed to Ule extent of Ule conflict.
SeeU 011 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 substaniive: procedural, or any other reason. such portion shall
be deemed a separate, distiner and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
City of Winter Springs
Ordinanre No. 2004--06
Page 2 of J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT B
Section 5.
Effectin~ Date. This ordinance shall be.come effective immediately upon the
effective date of Ordinance 2004-05 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-05 does not become effective,
then this Ordinance shall become null and void.
ADOPTE.D by the City Commission of the City of Winter Spdngs, Rodela, in a regular
meeting assembled on the
day of
,2004.
.John F. :Bush, :Mayor
A TrEST:
Andrea Lorenzo-Luaces, City Clt~rk
Approved as to legal form and su1Ticiency for
the City of Winter Springs only:
Anthony A. Gargmws(~, Clt.y Attorney
First Reading:
Second -ReadinQ:
v
Effective Date:
G:\DoeJ'.cily ~f Wlnl.l r Sprin~s\0n1b11n<"\l.!'il^ain~2004'(}O: wpd7
City of Winter Springs
Ordinance No. 2004-06
Page J of J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT B
ORDINANCE NO. 2004-06
EXHIBIT "A"
LOCATION MAP
LEGAL DESCRIPTION
The East Y2 of Lot 3, Block C and the East Yz of Lot 3, Block D and the portion of Orange Avenue
lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1,
Page 5, Public Records of Seminole County, Florida, being more particularly described as follows:
Begin at the intersection of the West line of the East Yz of said Lot 3,Block D and the Northerly
right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official
Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E
along said West line, and along a Northwesterly projection thereof and along the West line of the
East Y2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate
edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said
East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D
a distance of 1602.63 feet, more or less, to a point on said Northerly right-of-way, thence S
82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of
Beginning. .
Containing 8.9 acres more or less.