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HomeMy WebLinkAbout2004 06 02 Public Hearings Item H \'-.. ~~~~ '. . .... t PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 2, 2004 Meeting Consent Information Public Hearing X Ree:ular ITEM H REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-23 which rezones two parcels, located at approximately 1268 Orange Avenue from "R-l" (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The purpose of this request is to consider the request of Mohamad and Karen Kazma (property owners) for a for Rezoning of the property at 1268 Orange Avenue (and the adjacent unaddressed vacant parcel to the east), 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 Sprine:s Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances ). Winter Sprine: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 Sprine:s 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 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 H 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 detennine 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 re~oning 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; Euclid v. Amber Realtv Co. ,272 U.S. 365 (1926) (upholdine: the constitutionality of the principles of zonine:). Florida Municipal Home Rule Powers Act. CHRONOLOGY: Mar. 19, 2004- Application Received May 24,2004- 2nd Reading of Ordinance 2004-21, 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 H CONSIDERA TIONS: Applicant - Mohamad & Karen Kazma; 363 Deer Pointe Circle; Casselberry, Florida 32707 Owner - same Parcel Numbers - 31-20-31-503-0000-0050 & 31-20-31-503-0000-0070 Acreage - approx. 4.8 acres General Location - The site is located at approximately 1268 Orange Avenue, immediately north of Tuskawilla Trace Subdivision. Legal Description - The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-21. Existing Land Use - The site is vacant. Previous structures were demolished prior to annexation. The County Future Land Use designation is LDR- Low Density Residential and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: I , 1tl 'I 'I I , " , I FtUM Existing Land Uses - Zoning I ~ - I h ~ II \I I Subject Site Vacant R-I (SC) Low Density Residential ..__._--_._.__._...._._.__._-~.~-_._-- _._._-_._._--_.._-_._-_.~._.._-_.-.-....._..._...._....-............ .............................__..._....._........m._m....._. .....M.....__.................__...... ...G?gl~_gg.!:l.~~~_a_t~~!?i.~.(:=.1.. North Lake Jesup -.---.----.-.----.......------...--- .-.--.---.-....---.---.-....--.............--...------....--.. ..-......-........................................_._......_....._................._......____._.M.... ...........--.--.......-..-..-.---....-..---..--.---.-----.--...--..- South Single Family Residential Low Density Residential R-IA (WS) .-............-..--..--..-....-............--.-.-.--..-..........-..................-.... J"Y~2..._._._._m__...._______._... .. .....-.-.......-.--...-..---....------....----...-.-........--.-- East Single Family Residential R-I (SC) Low Density Residential ............-.---.-.---..-.-.-..-.-..-..........-.-...-.-................-. .._...__..._._._..._.........._m..._........._...... ..........-.......-.-.--..........-... ..c~~2._~_~~~~~.~.~~_ig!:l_..(~~1... West Single Family Residential R-l (SC) Low Density Residential ..._-_.._...............~_.._.__............._._......._._... (SC) & Conservation (SCl. (WS) Winter Springs; (SC) Seminole County Development Trends - The site is currently vacant; The previous structures were demolished prior to annexation. It is anticipated that the applicant will develop this site sometime in the future. wishes. Letters/Phone Calls In Pavor 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 H (4) Not Contrary to the Land Use Pattern Established by the Comprehensive Plan- The proposed Rezoning change from Seminole County "R-l Agricultural" to Winter Springs "Town Center" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, because it follows the pattern already established on the north side of Orange Avenue. (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; (10) Adverse hnpact 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 hnprovement of Adiacent 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 ofthe 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 20-102 were satisfied. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board hold a Public Hearing related to Ordinance 2004-23, and make recommendation to the City Commission regarding changing the Zoning classification on the subject property at approximately 1268 Orange Avenue from "R-l" (Seminole County) to "Town Center" (City of Winter Springs). .... , June 2,2004 PUBLIC HEARING AGENDA ITEM H 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 2004-23 ATTACHMENTS: A. Ordinance 2004-23 including Map & Legal Description PLANNING & ZONING BOARD RECOMMENDATION: 'i June 2, 2004 PUBLIC HEARING AGENDA ITEM H ATTACHMENT A ORDINANCE 2004-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) I)ARCELS TOTALING 4.8 ACRES MORE OR LESS AND LOCATED AT 1268 ORANGE A VENUE AND THE ADJACENT UNADDRESSED VACANT PARCEL TO THE EAST IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEI>ICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEIVIINOLE COUNTY "R-I" 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 01' Winter Springs have recommended approval of this Ordinance at their June 2, 2004 meeting; and WHEREAS, the City Commission ol'the City of Winter 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 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 sutJicient, competent, and substantial evidence supports the zoning change set fOlth hereunder; and "VHEREAS, the City Commission hereby 1Jnc!s that this Ordinance serves a legitimate government plll]Jose and is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NO"V, THEREFORE, THE CITY COlVlMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLO"VS: City of Winter Springs Ordinance No. 2004-23 Page 1 of 3 June 2, 2004 PUBLIC HEARING AGENDA ITEM H ATTACHMENT A SCl'tion 1. Redtals. The foregoing recitals are tme and cOI1~ect and are I'Lllly inCOlporatecl herein by this re1'erence. Sel'tion 2. Zoning Map Amendment. That the Oftlcial 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 "R-l" to City of Winter Springs "Town Center" forthe propelty legally clescribed on Exhibit '~\," which is attached and incorporated herein by this reference. City Staff is hereby directed to promptly amend the Official 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 pam of ordinances and resolutions in con11ict herewith, are hereby repealed to the extent of the conHict. Sedion 4. Severability. ff 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, \vhether for substantive, procedural, or any other reason, such pOltion shall be deemed a separate, distinct and independent provision. and such holding shall not affect the validity of the remaining portions of this Orclinance. Section 5. Effective Date. This ordinance shall become effective j mmediate]y upon the effective date of Ordinance 2004-22 as adopted by the City Commission of the City of Winter SpIings. FloIida, and pursuant to the City Chrnter. lfOrdiIHmce 2004-22 does not become effective, then this Ordinance shall become null and void. City ofWinler Springs Ordinance No. 2004-23 Page 2 of 3 :~l June 2, 2004 PUBLIC HEARING AGENDA ITEM H ATTACHMENT A ADOPTED by the City Cornmission of the City of Winler Springs, Florida, in a regular meeting assernblecl on the clay of .2004. JohnF. 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: EIJective Date: G:\DoCS\CilY of Winter Springs\Ordirulnces\Zol1ing2004-23. wpd7 City ol'Winter Springs Ordinance No. 2004-23 Page 3 of 3 June 2, 2004 PUBLIC HEARING AGENDA ITEM H ATTACHMENT A ORDINANCE NO. 2004-23 EXHIBIT" A" KAZMA PROPERTY. LOCATION MAP Lake Jesup r"'~~~ :::.": ::,~~:~'-,~;:,>~:::~'tr~~:,:;.':.:';_.::: ::.~~; :::;t::; ~:~,:: .,~~ :Sa'B.ij'E'0'm Slille',' :":- ':'- '\:....~:- / <.:':~:~:~:.~~~,::-:-;,?; .~' '. ../ .~~ ~~~ ~n~}>'~ ~':.-", ~\,\ ',"" -, '. ...".." ','/ .... -,. ,'. .~ 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E,151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less.