HomeMy WebLinkAbout2004 06 02 Public Hearings Item F
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PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
June 2, 2004
Meeting
Consent
Information
Public Hearing X
Regular
ITEM F
REQUEST: The Community Development Department - Planning Division requests the Planning &
Zoning Board hold a Public Hearing related to Ordinance 2004-20 which rezones Map designation of an
1.7 acre parcel, located at 1184 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 George &Yvonne Meier
(property owner) for Rezoning of the property at 1184 Orange Avenue, which was recently arinexed
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 Sprin2s 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 oftraffic, 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 (d) Rezoninl:! 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 proyide 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
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June 2, 2004
PUBLIC HEARING AGENDA ITEM F
supplied at the time of application, including payment of any associated fees as established by
resolution or ordinance ofthe 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 detern1ine 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;
(11) The proposed rezoning will not be a substantial detriment to the future improvement of
deyelopment 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 Rea/tv Co. . 272 U.S. 365 (1926) (upholding the constitutionalitv of the
principles of zoning).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
ApI. 29, 2004-Application Receiyed
May 24,.2004- 2nd Reading -of Ordinance 2004-18, 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 F
CONSIDERA TIONS:
Applicant/Owner- George &Yyonne Meier; 1184 Orange Avenue, Winter Springs, Florida 32708
Parcel Number - 26-20-30-5AR-OBOO-004B
Acreage - approx. 1.7 acres
General Location - The site is located at 1184 Orange A yenue, immediately north of the Ferlita
property.
Legal Description - The Westerly 100 Feet of the Easterly 175 Feet of Lot 4, Block B, D.R. Mitchell's
Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book I, Page 5, of
the Public Records of Seminole County, Florida and the Westerly 71 Feet of the Easterly 246 Feet of Lot 4,
Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded
in Plat Book I, Page 5, of the Public Records of Seminole County, Florida LESS the East 151.00 Feet of the
South 230.00 Feet together with the East 20.00 of that portion lying North of the South 230.00 Feet of the
above described property and South of the Northerly line of the South 638.17 Feet of the above described
property and the East 25.00 Feet of that portion lying North of the Northerly line of the South 638.17 Feet of
the above described property, containing 1.69 acres more or less.
Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004,
by Ordinance 2004-18.
Existing Land Use - The site has a one-story single family residence. The County Future Land Use
designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and
FLUM designations include the following:
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- _ Existing Land Uses_ ~ j r Zoning ,FLUM
I 1 I I I '
Subject Site
Single Family Residential
A-I (SC)
Suburban Estates (SC) and
_C:::()~~~E:'.~!i()_~_{~~l____.__________
North Lake Jesup
---.--.--......--...---......---.......------....... ..-.--...._...._..___.___.._..____.__.__._._..._~..........._"M'" ........................
South Single Family Residential
-.....--.--.--........----.---......---.---..........-......--.-...-..............
East Single Family Residential
West
Vacant
..M................ ................... ........ ..... .. ..... .....__........................... ......._M._m..... ..M.._......._............ ...............................................___.................m.........................
Town Center (WS) Town Center (WS)
..................--.......................--.-.....__....._...........~...._...__...._.......m......_._._....._.__.._....._R.R__.__.___.___._._.__.___...._._.__________.__._.
A-I (SC) Suburban Estates (SC) and
.-------.....-.--.-------.-.-.-.--.------------__.__._. _c:::g.!.!~_~!:Y-~!ig.!!.(?.gL___._.___.___
A-I (SC) Suburban Estates (SC) and
Conservation (SC)
1...-___.__.._..._.___.____
(WS) Winter Springs; (SC) Seminole County
Development Trends - The site is already developed as a one-story residence.
Letters/Phone Calls In Fayor 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 haye been met.
(2) Consistent with The Comprehensiye Plan- The proposed Rezoning change is consistent with the
city's comprehensive plan and the proposed change will not have an adyerse 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.
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June 2,2004
PUBLIC HEARING AGENDA ITEM F
(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 "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 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. Winter Springs does not have an "Agricultural" Zoning. The "Town
Center" designation is the zoning irnn1ediately 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) Adyerse Impact on Surrounding Property Values- The proposed zoning designation has been
determined by evaluating the preyailing 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 Improyement of Adjacent 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 priyilege to an indiyidual 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 yiolate 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 HEARING AGENDA ITEM F
STAFF RECOMMENDATION:
Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance
2004-20, and make recommendation to the City Commission regarding changing the Zoning
classification on the subject property at 1184 Orange A venue from "A-I" Agricultural (Seminole
County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
June 1 0, 2004- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading
June 21, 2004- City Commission 1 st Reading of Ordinance 2004-20
ATTACHMENTS:
A. Ordinance 2004-20 including Map & Legal Description
PLANNING & ZONING BOARD RECOMMENDATION:
June 2, 2004
PUBLIC HEARING AGENDA ITEM F
ATTACHMENT A
ORDINANCE 21104-20
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OFWINTKR SPRINGS, FLORIDA, CHANGING THl~
ZONING MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING A PARCI~L TOTALING 1.7 ACRES !\'10RE
OR LESS AND LOCATED AT 1184 ORANGE AVENUE IN
WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FRO!VI SEMINOLE
COUNTY "A-I" TO CITY OF \VINTER SPRINGS "TO\VN
CENTER"; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
\VHEREAS, the Planning and Zoning Board and City Starr or the City of Winter Springs
have recommended approval of this Ordinance at their June 2, 2004 meeting; and
\VHEREAS, the City Commission of the City or Winter Springs held a duly noticed public
hearing on the proposed zoning change setforth hereunder and considered findings and advice of
staff, citizens, and all interested palties 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 fOlth 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, safely, and welfare of the
citizens of Winter Springs, Roriela.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF \VINTER
SPRINGS HEREBY ORDAINS, AS FOLLO\\lS:
City of Winter Springs
Ordinance No. 2004-20
Page I or 3
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June 2,2004
PUBLIC HEARING AGENDA ITEM F
ATTACHMENT A
Sed.ioll J.
Recitals.
The foregoing recitals are true and correct and are fully
incolvorated herein by this reference.
Section 2.
Zoning Map Amendnwnt. That the Onlcial 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-I" to City of Winter Springs "Town
Center" for the propelty legaIly described on Exhihit ':'\," which is attached and incoq)oratecl herein
by this reference. City StafUs hereby directed to promptly amend the Oft1cial Zoning Map npon 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 pm1s of ordinances and
resolutions in connict herewith, are hereby repealed to the extent of the contlict.
Section 4.
Severability. If any section, subsection, sentence, clause, phrase, word or
proyision of this Ordinance is for any reason held invalid or unconstittnional 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. anel such holding shall not affect tbe
validity of the remaining portions of this Ordinance.
Section 5.
.Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2004-19 as adopted by the City Commission of the City of Winter
Springs, Florida. and pursuant to the City Chmter. If Ordinance 2004-19 does not become effective.
then this Ordinance shall become null and void.
City ofWinlcr Springs
Ordinance No. 2004-20
Page 2 of 3
June 2, 2004
PUBLIC HEARING AGENDA ITEM F
ATTACHMENT A
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled onlhe
day or
,2004,
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as 10 legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, Cit.y Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City ofWinler Springs\Ordin3nces\Zoning2004-20, \'''pd7
City ofWinler Springs
Ordinance No. 2004-20
Page 3 of 3
June 2, 2004
PUBLIC HEARING AGENDA ITEM F
ATTACHMENT A
ORDINANCE NO. 2004-20
EXHIBIT" A"
LOCATION MAP- 1184 ORANGE AVENUE
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LEGAL DESCRIPTION:
The westerly 100 feet of the Easterly 175 feet of Lot 4, Block B, D.R. 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, and the Westerly 71 feet of the Easterly 246 feet of Lot
4, Block B, D.R. 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 0 Seminole County, Florida, LESS: The
East 151.00 feet of the South 230.00 feet together with the East 20.00 feet of that portion lying north
of the South 230.00 feet of the above described property and south of the northerly line of the South
638.17 feet of the above described property and the East 25.00 feet of that portion lying North of the
northerly line of the South 638.17 feet of the above described property, Containing 1.69 acres, more
or less