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HomeMy WebLinkAbout2004 06 02 Public Hearings Item D .,- PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 2, 2004 Meeting Consent Information Public Hearing X Regular ITEM D REQUEST: The Community Development Department - Platming Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-17 which rezones 8.56 acres (more or less), located at 1181 Orange Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The purpose of this request is to consider the request of Guy Ferlita Trustee (property owner) & Thomas Corkery (applicant) for Rezoning of the property at 1181 Orange Avenue, which was 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 Sprines 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 moyement 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 (d) Rezoning 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 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 ~ ~ June 2,2004 PUBLIC HEARING AGENDA ITEM D 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 reyiewed 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 adyersely 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 indiyidual 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) (upholding the constitutionalitv of the principles of zoning). Florida Municipal Home Rule Powers Act. CHRONOLOGY: ApI. 23, 2004- Application Received May 24,2004- 2nd Reading of Ordinance 2004-15, Annexing the parcel into the City June 2,2004- P& Z Board to hear the request and make recommendation to the Commission . June 2,2004 PUBLIC HEARING AGENDA ITEM D CONSIDERA TIONS: Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay Woods LLC; 1085 W. Morse Blvd" Suite A; Winter Park, Florida 32789 Owner - Guy Ferlita Trustee Parcel Number - 26-20-30-5AR-OBOO-0160 Acreage - approx. 8.56 acres General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs High School. Legal Description - Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida. Chronology of Subiect Property - The subject property was mmexed into the City on May 24, 2004, by Ordinance 2004-15. Existing Land Use - The site has a one-story single family residence, a shed and a well. The County Zoning designation is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations include the following: ~ Existing LandIU'ses,: ~ ~ I; ., Zonin1g i FLUM 'i - f, Ii I I Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and .___._____ _~I?~.s.~Ey.~_t.~(J!:!(~(:1________.__ North Lake Jesup ----...--..-..-----.--................... .----..---....-----.----..-....---..--...........................-............ ....... ................................ ... ........-....-..................-.....-........................ ....--.-.--..............................................--...---.-......-....--....--.. South Public School (Winter Town Center (WS) Town Center (WS) .._.~E~_il}gs.}:Ug~~<:_~1?9]__mm_ .... .............. ..... ..................................... ..._.__.___.__ ......_ -----..._._..._...._.._._~_...______.__.mm.._._......._... Single Family Residential Town Center (WS) Town Center (WS) ___....__.....................__.__._...........__..___...._.._...._....m............... ._00........................... ...........__._.__....__..__._..m......_~_.._._~.._ ........ ..._....w......._._.___.__.____._.__..__....__...._.._..........._.._~.....~....~... Vacant; Borrow Pit Town Center (WS) Town Center (WS) East West (WS) Winter Springs; (SC) Seminole County Development Trends - The site currently has a one-story residence. The applicant wishes to develop this site along with the Nguyen site to the west into townhomes. Letters/Phone Calls In Favor Or Opposition - 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 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. A land use 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. June 2,2004 PUBLIC HEARING AGENDA ITEM D (4) Not Contrary to the Land Use Pattern Established by the Comprehensiye 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; The 8.56 acre parcel is located immediately north of Winter Springs High School, 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 maimer 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. 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 Adiacent Areas- The proposed rezoning change will not seriously reduce light or air to adjacent areas; (10) Adyerse 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 Adiacent Vacant Property- NIA; 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. June 2,2004 PUBLIC HEARlNG AGENDA ITEM D STAFF RECOMMENDATION: Staffrecommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-17, and make recommendation to the City Commission regarding changing the Zoning classification on the subject property at 1181 Orange A venue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: June 10,2004- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading June 21, 2004- City Commission 1st Reading of Ordinance 2004-17 ATTACHMENTS: A. Ordinance 2004-17 including Map & Legal Description PLANNING & ZONING BOARD RECOMMENDATION: June 2,2004 PUBLIC HEARING AGENDA ITEM D ATTACHMENT A ORDINANCE 20114-17 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 8.558 ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PAI{TICULARLY DEPICTED AND LEGALLY DESCRIUED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "A-}" TO CITY OF WINTER SPRINGS "TOWN CENTER"; 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 June 2, 2004 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 stall, citizens, and all interested palties submitting written and oral comments and supporting data and analysis, and aHer complete deliberation, hereby rinds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sumcient, competent, and substantial evidence supports the zoning change set fOl1:11 hereunder; and \VHEREAS, 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 Winler Springs, Florida. NOW, THEREFORE, THE CITY COMIVlISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2004-17 Page J of 3 June 2, 2004 PUBLIC HEARING AGENDA ITEM D ATTACHMENT A Sedion 1. Recitals. The foregoing recitals are true and CO/Teet cmd are fully incorporated herein by this rcJ'crence. 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 cIassil'i cali on from Seminole County "A-l" to City of Winter Springs "Town Center" for the propel1y legally described on Exhibit '~A/, which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official Zoning Map upon the etTective 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 contlict. 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 com1 of cOlnpetelH jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, ancl 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 2004-16 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. IfOrclinance 2004-16 does not become effective, then this Ordinance shall become null and void. City of\Villter Springs Ordinance No. 2004-17 Page 2 of 3 June 2, 2004 PUBLIC HEARING AGENDA ITEM D ATTACHMENT A ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular meeting assembled on the day or ,2004. JohnF. Bush, Mayor ATTEST: AndrcaLorcnzo-LlIa(~es, City Clerk Approved as to legal form and sufficiency tor the City of W.i nter Springs only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G\DocslCilY of Winter SpringslOrdinnnceslZoning2004-l7, wpd7 City of Winter Springs Ordinance No. 2004-17 Page 3 of 3 June 2, 2004 PUBLIC HEARING AGENDA ITEM D ATTACHMENT A ORDINANCE NO. 2004-17 EXHIBIT "A" LOCATION MAP '.-'.'r ,-, N ~i bake .:Jesup LEGAL DESCRIPTION: Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida. More particularly described as follows: METES & BOUNDS DESCRIPTION: BEGIN at the Northeast corner of Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida; thence run South 18035'40" West, along the East line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run North 71025'29" W est, along the South line of said Lot 16, for a distance of 500.72 feet to the Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot 16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right of way) the following three courses: South 71056'39" East, for a distance of 96.52 feet; South 69021 '54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to the POINT OF BEGINNING. Contains 8.558 acres, more or less.