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Home My WebLink About2005 02 14 Public Hearings 402 Second Reading/Adoption Ordinance 2005-03, Rezone 1136 Orange Avenue COMMISSION AGENDA ITEM 402 Consent Information Public Hearine X Reeular February 14.2005 Meeting MGR. ~EPT Iff Authorization REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2005-03 which rezones 1.95 acres (more or less), located at 1136 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 ofSrinivas Chari & Ramani Kilambi for a Rezoning of their property at 1136 Orange Avenue, recently annexed from Seminole County effective December 31, 2004. 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 Springs Section 20-26. Intent and purpose. Winter Springs Section 20-27. City commission authority. Winter Springs Section 20-28. Due process; Special notice requirements. Winter Springs Section 20-29. Applications. Winter Springs Section 20-30. Staff review. Winter Springs Section 20-31. Rezonings. (The following fourteen (14) standards were added to the Code when Sections 20-101 and 20-102 were amended on January 26, 2004. The standards were moved to Section 20-31 when the entire chapter (relating to variances, waivers, rezonings, etc.) was revised by Ordinance 2004-49 which was adopted on December 13, 2004. Winter Springs Section 20-57. The planning and zoning board shall serve... Euclid v. Amber Realty Co. .272 U.S. 365 (1926) (upholding the constitutionality of the principles of zoning). Florida Municipal Home Rule Powers Act. ~ February 14,2005 PUBLIC HEARING AGENDA ITEM 402 Page 2 of9 CHRONOLOGY: Jan. 5,2005- P& Z Board heard the request and made recommendation to the Commission Jan. 24, 2005- 1st Reading of Ordinance 2005-02 Feb. 3,2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14, 2005- 2nd Reading I Adoption of Ordinance 2005-02 CONSIDERATIONS: Applicant - Srinivas Chari & Ramani Kilambi; 1136 Orange Avenue; Seminole County, Florida 32708 Owner - Srinivas Chari & Ramani Kilambi Parcel Number - 26-20-30-5AR-OBOO-006A Acreage - approx. 1.95 acres General Location - The site is located at 1136 Orange Avenue, northeast of Central Winds Park and south of Lake Jesup. Legal Description - LEG E 150 FT OF LOT 6 BLK B DR MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Chronology of Subiect Property - Annexation Agreement was reached on February 23, 2004. Property was annexed on December 13, 2004, by Ordinance # 2004-46, with an effective date of December 31, 2004. Existing Land Use - There is a single family residence on the site. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUl\1 Suburban Estates (SC) and .m......m....m...............m m.m.m.m.. mm............._......m.. m mmm..m.m m..... m. mm m mm.gl:)!l~c;:t:Y.~~!l:)!l(~g).mm. North Lake Jesup ... .................... ..--.--.....................-................ .............................................. ................ ............... ................................. Southwest Recreation (Central Winds Town Center (WS) .!'~!~)..m. ... ..................m.m.m. ..... .mmmmmmmm............................... Single Family Residential A-I Agricultural (SC) m............................................................. . .............................................................. ............................................. Single Family Residential Town Center (WS) Subject Site Single Family Residential A-I (SC) Town Center (WS) East West Suburban Estates (SC) Town Center (WS) (WS) Winter Springs; (SC) Seminole County Development Trends - The site has a recently constructed single family home on it. No changes are being proposed at this time. 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. February 14, 2005 PUBLIC HEARING AGENDA ITEM 402 Page 3 of9 (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. (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 1.95 acre parcel is located northeast of Central Winds Park, which is also zoned "Town Center". (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation ofthis 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 Pattem- 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 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) 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 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 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; February 14, 2005 PUBLIC HEARING AGENDA ITEM 402 Page 4 of9 FINDINGS: In analyzing the Rezoning request, it was determined that the fourteen (14) review standards included in Section 20-31 were satisfied. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At its regular meeting of Jan. 5, 2005, the P&Z/LP A made recommendation to the Commission for approval of Ordinance 2005-03. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2005-03, changing the Zoning classification on the subject property at 1136 Orange Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs). ATTACHMENTS: A. Ordinance 2005-03 including Map & Legal Description B. Excerpt from P&Z / LPA Minutes from January 5,2005 COMMISSION ACTION: February 14, 2005 PUBLIC HEARING AGENDA ITEM 402 Page 5 of9 ATTACHMENT A o RD IN AN CE 2005-03 AN ORDINANCE OF THE CITY COMl\ifISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COllNTY, FLORIDA, CHANGING THE OFFICL\L ZONING ~IAP DESIGNATION OFONE (1) PARCEL OF REAL PROPERTY, CONTAINING 1.95 GROSS ACRES MORE OR LESS. AND LOCA TEl) AT 1136 ORANGE AVENUE. WINTER SPRINGS FLORIDA, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE. FROM SEMINOLE COUNTY "A-I" TO CITY OF WINTER SPRINGS "TO\VN CENTER;" PROVIDING THE CONDITIONS OF APPROV AL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS. SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law~ and \VHEREAS, this amendment is being processed concurrently with a Comprehensive Plan Map Amendment to change the future land use designation of said property from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Town Center" and "Conservation Overlay" (on those affected areas); and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval of this Ordinance at the Planning and Zoning Board's January 5, 2005 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 staff, citizens, and all interested parties 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 this ordinance serves a legitimate public purpose; and WHEREAS, the City Commission of the City of Winter Springs. Florida hereby fi nds 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. City of Winter Springs Ordin,Ulce No. 2005-03 Page I of 3 February 14, 2005 PUBLIC HEARING AGENDA ITEM 402 Page 6of9 ATTACHMENT A NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendments. 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 classification from Seminole County "A-I" to City of Winter Springs "Town Center" for that property described on "Exhibit A," attached hereto and fully incorporated herein by this reference. Section 3, Repeal of Prior Inconsistent Ordinances and Resolntions, All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 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 court 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. Section 5, Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2005-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-02 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2005. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Ordinance No. 2005-03 Page 2 of 3 February 14,2005 PUBLIC HEARING AGENDA ITEM 402 Page 7 of9 Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese~ City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2004-42 Page 3 of 3 ATTACHMENT A February 14,2005 PUBLIC HEARING AGENDA ITEM 402 Page 8 of9 ATTACHMENT A ORDINANCE NO. 2005-02 EXHIBIT" A" LOCATION MAP lake Jesup SUBJECT SITE Parcel # 26-20-30-5AR-OBOO-006A Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "D.R. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1 , PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78013'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78013'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE A VENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUNN14050'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERLY ALONG SAID WATERS TO A POINT BEARING (NI5024'07"E AS MEASURED) NI4050'39"E FROM THE POINT OF BEGINNING, THENCE RUN (SI5024'07"W AS MEASURED) S14050'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. February 14,2005 PUBLIC HEARING AGENDA ITEM 402 Page 9 of9 ATTACHMENT B Excerpt from P&Z/LP A Draft Minutes of Jan. 5, 2005 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2005 PUBLIC HEARINGS 401. Community Development Department - Planning Division Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance 2005-03 Which Rezones 1.95 Acres (More Or Less), Located At 1136 Orange Avenue From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Ms. Sahlstrom discussed this Agenda Item. Ms. Sahlstrom stated, "It is Staffs recommendation that you make a favorable recommendation to the City Commission regarding this rezoning." "I MAKE THE RECOMMENDATION THAT THE PLANNING AND ZONING BOARD[/LOCAL PLANNING AGENCY] AFTER THIS PUBLIC HEARING RELATED TO ORDINANCE 2005-03 RECOMMEND TO THE CITY COMMISSION CHANGING THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 1136 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: CHAIRMAN POE: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED, OFn!NANCE 2005-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, CHANGING THE OFFICIAL ZONING MAP DESIGNATION OF ONE (1 ) PARCEL OF REAL PROPERTY, CONTAINING 1.95 GROSS ACRES MORE OR LESS, AND LOCATED AT 1136 ORANGE AVENUE, WINTER SPRINGS FLORIDA, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "A-I" TO CITY OF WINTER SPRINGS "TOWN CENTER;" PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under Section 2(b), Article VIU, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, this amendment is being processed concurrently with a Comprehensive Plan Map Amendment to change the future land use designation of said property from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Town Center" and "Conservation Overlay" (on those affected areas); and WHEREAS, the Planning and Zoning Board and City Staff of the City of Winter Springs have recommended approval ofthis Ordinance at the Planning and Zoning Board's January 5, 2005 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 staff, citizens, and all interested parties 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 this ordinance serves a legitimate public purpose; and WHEREAS, the City Commission of the City of Winter Springs, Florida 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. City of Winter Springs Ordinance No. 2005-03 Page 1 of 3 NOW; THRRKFORE; THE CITY COMMISSION OF THE CITY OF W!NTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendments, 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 classification from Seminole County "A -1" to City of Winter Springs "Town Center" for that property described on "Exhibit A," attached hereto and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 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 court 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. Section 5, Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 2005-02 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-02 does not become effective, then this Ordinance shall become null and void. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of February ,2005. City of Winter Springs Ordinance No. 2005-03 Page 2 of 3 Aooroved as to--Tel!al form and sufficiencv for th~i City o~nt~~ Springs only: "' ~~ --- Anthony A. Garganese, City Attorney First Reading: January 24, 2005 Second Reading: February 14, 2005 Effective Date: See Section 5. City of Winter Springs Ordinance No. 2004-42 Page 3 of 3 ~oS-03 Ordinance zeG" ~ EXHIBIT 'A' LOCATION MAP r'~~::':::" "."" 'I """~- '-, . , ;;: \. ,_~ '''''''''.'''~'- >7<:~_,'_:"'",: l;~/~~;r ~Pwn:gi,Y'~'~'; ""I'LHi9'rrs~M>~1 ',\ /) '~".. tfj'" ""'-_ G,' ~:;""'\,'AI' ~,~ ' -,' t ' '\""'~;,J{" ''"'\ (' ) '., 4,.~__'<.~./::.,V""."",. / '- .. Parcel # 26-20-30-5AR-OBOO-006A Leaal Description: THE EAST 150 FEET OF LOT 6 BLOCK B, DR MITCHELLS 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 ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "DR. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78013'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78013'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE AVENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUN N14050'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERLY ALONG SAID WATERS TO A POINT BEARING (N15024'07"E AS MEASURED) N14050'39"E FROM THE POINT OF BEGINNING, THENCE RUN (S15024'07"W AS MEASURED) S14050'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. CERTIFIED TO: SRINIVAS SAGAR CHARI AND RAMANI KILAMBI, TOUSA HOMES, INC. dba ENGLE HOMES ORLANDO, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, WELLS FARGO HOME MORTGAGE, INC. bealesmith@cfl.rr.com P.O. Box 151633 Altamonte Springs, FL 32715-1633 407 -331-5577