HomeMy WebLinkAbout2004 02 04 Public Hearings Item D-4
Planning & Zoning Board
February 4,2004
Meeting
Consent
Information
Public Hearing X
Re~ular
AGENDA ITEM 4
REQUEST:
The Community Development Department - Planning Division requests the Planning & Zoning Board
hold a Public Hearing related to Ordinance 2004-08 which rezones 8.5 acres (more or less), located at
Bird Rd and Tusca Trail, from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs).
PURPOSE:
This is an Administrative Request to designate an appropriate and compatible City of Winter Spring's
Zoning Classification for a parcel which was previously annexed into the City from Seminole County,
but subsequent action was never taken to Rezone the affected parcel from Seminole County Zoning to
City of Winter Springs' Zoning.
The City is initiating the change as the applicant. The property owner has been notified by certified mail
so she is aware of the process and so that her input can be heard.
APPLICABLE LAW AND PUBLIC POLICY
Florida.Statute 166.041. (Procedures for adoption of ordinances and resolutions including
rezoning ordinances).
(3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a
parcel or parcels of land 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 Sprin2:s Charter Sectiolll 4.15 Ordinances in General. (Procedures for adoption of
ordinances).
Winter Sprin2:s 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.
Winter Sprinl!s Section 20-102 Cd) Rezoninl! application; procedures; standards of review.
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
(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
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:
(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;
(II) 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;
Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdinl! the constitutionality of the
principles of zoninl!).
Florida Municipal Home Rule Powers Act.
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
CHRONOLOGY:
Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw
Jan. 09,2004- Property Owner Notified of Administrative Action
Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings
Jan. 25, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Jan. 27, 2004- Adjacent property owners within 150' Notified by Certified Mail
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 - Rita Renshaw
Parcel Number - 11-21-30-300-0020-0000
Acreage - approx. 8.5 acres
General Location - The site is undeveloped and is located on the east side of Bird Road at Tusca
Trail.
Legal Description - SEC II TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC
W 1452 PT N 1401.63 PT N 84 DEG 26 MIN 51 SEC W 15.06 PT TO POB RUN N 84 DEG 26
MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT
SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT
S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG
Chronology of Subiect Property - The subject property was annexed into the City on October 25,
1999, by Ordinance 745.
ExistingLand Use - The propeliy is currently an undeveloped vacant parcel. Its County Zoning
classification is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations
include the following:
Existing Lanid pses ' -j t Zoning 1: F~UM
Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single
..-.-.-......--.---..-.-..........-.--.--___.______._....____.___..__.._..__.._._......._.....__...._._...._._....._...................__.______________.___l::.llE.P.JL~~~i.~~E!!.ll_L(~~l._._._._
North Single Family Residential R-CI (WS) Rural Residnetial (WS)
____................__..______._._._._. ...._._.....__...._____.____.____._.____.___.__._._._.. ............_.__...._......._...._..__._...___.._...___._..__...__ ......... _...cJ!1~__!....!?.Y.~1._......_____._._._.__._._._......
South Single Family Residential R-IAAAA & RC-I (SC) LDR- Low Density Single
___.______.__....._..._._......_..._..._=...._._...__.._._._.._.._.._.._____._.__._____!~!!Jj}X_~.~~iq~E!!.llJ__(?.g)....._._
East Single Family Residential A-I (SC) LDR- Low Density Single
_.____.._._._____________________..__._.._....__._._..........._.____._..._.._.__.._._...._.._....._.~.~!!Jj.!y~~~.iq~!?!!.~.L(~g)___
West Single Family Residential R-IAA (SC) LDR- Low Density Single
Family Residential (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The subject site is vacant. No development is being proposed at this time.
Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent
residents after the sign was posted. The property owner opposes any change because she is
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
concerned that her taxes will go up.
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 property owner and
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 us~ designation for the parcel was not included on the City's Future
Land Use Map, because the parcel was annexed into the City.
(3) Consistent with any 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-l Agricultural" to Winter Springs "R-Cl" is appropriate
and compatible with the land use pattern established by the city's comprehensive plan; The 8.5 acre
parcel is located immediately southofDunmar Estates, which is also zoned R-Cl.
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation
of this parcel as anything other than "R -C I" could be considered "spot zoning" which is prohibited
bylaw.
(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 Necessarv- 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 "R-Cl"
designation is the closest designation that the City has to the County's "A-I" Zoning and is also the
zoning immediately to the north of 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
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
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 detem1ined 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
2004-08, which changes the Zoning classification on the subject property at Bird Road and Tusca
Trail, from "A-I" (Seminole County) to "R-Cl" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Feb. 4, 2004- Planning & Zoning Board Public Hearing
Feb. 23, 2004- 151 Reading by City Commission of Ordinance 2004-08
ATTACHMENTS:
A. Ordinance 2004-08 including Map & Legal Description
PLANNING & ZONING BOARD ACTION:
Feb. 4, 2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT A
ORDINANCE 2004-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANG.ING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
GENEHALLYLOCATED AT THE. NORTHEAST COUNER
()F TH.E. .INT'ERSECTJON OF TUSCA TRAIL AND .FISHER
ROAD (a/kJaBIRD ROAD) IN 'VINTERSPRINGS, FLORIDA,
LEGALLY DESCRIBED ON EXHIBIT :'A" ATTACHED
HERETO AND FULLY INCORPORATED HEREIN BY THIS
REF'KRENCE.FROM SEMINOLE COUN'fY ;;;\-1
. .
AGRICULTURAU' TO CITY OF 'VINTER SPRINGS "R-Cl";
PROVIDING FOR THE REPEAL OF PRIOR IN CONSISTENT
ORDINANCES AND RESOLUTIONS, SE,VERABlLITY, AND
AN EFFECTIVE DATE.
W]:lEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs
have recommended approval of this Ordinance at their February 4, 2004 meeting; and
\VHEREAS, the City Commission ofthe City of\Vinter Springs held a duly noticed public
hearing on the proposed zoning change set fOl1h hereunder and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and supporting clata
and analysis, and after complete deliberation, hereby finds the requt',sted change consistent with the
City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence
SUppOI1S the zoning change set. fOl1h hereunder; and
WHEREAS, the, City Commission hereby finds that this Ordinance seJves a legitimate
government PlllPose and is in the best interests of the public health, safety, and welfare of the
citizens of Winter SpIings, FloIida.
Clt)' of Winter Springs
Ordinan..^.e No. 2004-OS
Page 1 of J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT A
NO'V, THEREFORE, THE CITY COMMISSION OF THE CITY OF VVINTER
SPRINGS HER En Y ORDAINS, AS FOLLO\VS:
Section).
R(~cH.lls.
The foregoing rec.itals are true and correct and m'e fully
incorporated herein by this reference.
Sl'dlOIl 2.
Zoning Map Amendment. That the Official Zoning Map of the City of
.\Vinter Springs as described in City of Wimer Springs Corle Section 20-102 is hereby amended to
include a change of classification from Seminole County "A-I Agricultural" to City of \Vinter
Springs "R-C 1" for the property legally described onE.xhibit ;;A;' which is attached and
incorporated herein by Ulis n::ference. City Staff is hereby directed to promptly amend Ule Official
Zoning Map upon Ule eft'ecti.ve date of Ulis Ordinance.
Section 3.
Ih'llenl of Prior [nconslstent Ordinances and Jh~s(llutions. All prior
inconsistent ordinances andmsolutions adopted by the City Commission, or palts of ordinances and
resolutions in conJlict herewith, are hereby repealed to the extent of the conflict. .
Section 4.
Severability. [I' any section, subsection, se.ntence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any cOUI1 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.
SectionS.
Effective Date. 111is ordinance shall become effective immediately upon the
. effective date of Ordinance 2004-07 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-07 doe-s not become effective,
then this Ordinance shall become null a.ud void.
City of Winter Springs
Ordinanre No. 2004-08
Page 2 of J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT A
ADOf~TED by t.he Cit.y Commission of t.he City of Winter Springs, FlOlicla, in a regular
meet.ing assembled on t.he
clay of
,2004.
.John F. Bush, Mayor
ATTEST:
Andn~a Lon~nzo-LuaCl's: City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Gal'gal1l'.se, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\D.........'Chy <)1' Wlnll r Sl'ringJ.ON~n~JIZ<<lln[l,2004~8.wrd1
City ofWint.<lr Springs
Ordin:llK't! No. 2004.08
Page :3 of J
Feb. 4,2004
PUBLIC HEARING AGENDA ITEM
ATTACHMENT A
ORDINANCE NO. 2004-08
EXHIBIT "A"
LOCATION MAP
SUBJECT SITE
~I
US A TRL ~.
LEGAL DESCRIPTION
SEC II TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N
1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W
489.52 FT S 05 DEG 28 MIN 34 SEC W 513.03 FT
SLY ON CURVE 160.88 FT S 66 DEG 37MIN 43 SEC E 215.76 FT ELY ON CURVE 156.57 FT
S 77 DEG 47 MIN 24 SEC E 210.31 FTNLY ON CURVE35.59 FTN 775.59 FT TO BEG