HomeMy WebLinkAbout2005 08 22 Public Hearing Item 401- Request 1st Read Ordinance 2005-21, Rezone 820 SR 434
CITY COMMISSION
ITEM 401
Consent
Information
Public Hearin2 X
Re~ular
August 22, 2005
Meeting
i
MGR. 'L- IDEPT
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading on Ordinance 2005-21 which rezones 5.13 acres
(more or less), located at 820 S.R. 434 from "A-I" Agricultural (Seminole County) to "C-1
Neighborhood Commercial" (City of Winter Springs).
PURPOSE: To consider the request of Richard A. Jerman on behalf of Hope L. Shull for
Rezoning of the property at 820 S.R. 434, 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 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.
Winter Springs Section 20-57.
Euclid v. Amber Realty Co. ,272 U.S. 365 (1926) (upholding the constitutionality of the principles
of zoning).
Florida Municipal Home Rule Powers Act.
CHRONOLOGY:
May 23,2005- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
June 27, 2005- Adoption of Ordinance 2005-19, annexing the property.
~
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
July 6, 2005- P& Z Board (LP A) heard the request for the Rezoning and made recommendation of
Approval.
CONSIDERATIONS:
Applicant - Richard A. Jerman, 1750 W. Broadway Street, Suite 118, Florida 32765
Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765
Parcel Number - 04-21-31-300-0120-0000
Acreage - approx. 5.13 acres
General Location - The site is located on the north side of SR 434, east of the Greeneway, across
from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes.
Legal Description - LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE %
Chronology of Subiect Property - The property was annexed into Winter Springs on June 27, 2005.
Existing Land Use - The property contains two small (414 SF and 1183 SF) dilapidated single
family homes and several other shedslbuildings. A car repair garage was housed in one of the
structures at one time and remnants of that activity including old vehicles, equipment and other junk
are strewn around 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\l
Subject Site
North
South
Single Family Residential
A-I (SC)
Suburban Estates (SC) and
........ggJ.1:~t::~C:l!~.~.J.1:...(~g).......
Conservation (WS)
Family LDR- Low Density
. ... mmmmmm~t::s.i4~J.1:!~C:lI(QY.)mmm
Commercial (WS)
East
Conservation
Single Family Residential
.....(M~~t::yMi.!!~.:..~l!l:>4ys.J.1:)
Multi Family Residential
.....(.~C:l~.~!C:ly...~~s.t::~~T.~)
Vacant
(WS)
R-I Single
.~~~i.4~J.1:!i.C:l!(QY.l
C-I Neighborhood
.ggJ.1:1:11:?:~~~i.C:l!(~~l
A-I (SC)
Suburban Estates (SC) and
Conservation (SC)
West
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The current owner is an elderly woman who grew up on the property,
inherited it, and resi,des there with her husband and son, until the sale the property is completed. Mr.
J erman, the Applicant has indicated that he would like to develop the property in the near future
possibly as townhomes.
LetterslPhone Calls In Favor Or Opposition - The City has received one inquiry regarding
annexation from the property owner of the vacant parcel to the west. No correspondence has been
received from anyone opposing the land use change.
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;
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
(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;
(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-1 Agricultural" to Winter Springs "C-1 Neighborhood
Commercial" is appropriate and compatible with the land use pattern established by the City's
comprehensive plan; The parcel is located west of Barclay Reserve which is also zoned "C-1
Neighborhood Commercial";
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation
of this parcel as anything other than "C-1 Neighborhood Commercial" might 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) At
such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated;
(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 "C-1
Neighborhood Commercial" 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;
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
FINDINGS:
In analyzing the Rezoning request, it was determined that the fourteen (14) review standards
included in Section 20-31 were satisfied.
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board!LP A on July 6, 2005, the Board! Agency
recommended approval of Ordinance 2005-21, with a vote of 4-1.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2005-
21, changing the Zoning classification on the subject property at 820 S.R. 434 from "A-1"
Agricultural (Seminole County) to "C-1 Neighborhood Commercial" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
Aug. 22,2005- 1st Reading of Ordinance 2005-21
Sept. 1, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption)
Sept. 12,2005- 2nd Reading IAdoption of Ordinance 2005-21
ATTACHMENTS:
A- Excerpt from P&Z/LP A Minutes of July 6,2005
B- Zoning Map, June 2005
C- Ordinance 2005-21 including Map & Legal Description
CITY COMMISSION ACTION:
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
Excerpt from P&Z/LP A Minutes of July 6, 2005
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JULY 6, 2005
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Planning And Zoning Board Hold A Public Hearing Related To Ordinance
2005-21 Which Rezones 5.13 Acres (More Or Less), Located At 820 S.R. (State Road) 434
From "A-1" Agricultural (Seminole County) To "C-1 Neighborhood Commercial" (City Of
Winter Springs).
Ms. Sahlstrom discussed this Agenda Item and displayed the Zoning Classification Legend on the
Future Land Use Map (FLUM).
Ms. Sahlstrom said, "Staff does make recommendation for the change to 'C-l Neighborhood
Commercial' ."
Discussion.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
Noone spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
"I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD RECOMMEND TO
THE CITY COMMISSION TO REZONE THE 5.13 ACRES (MORE OR LESS) LOCATED
AT 820 STATE ROAD 434 FROM 'A-1' AGRICULTURAL (SEMINOLE COUNTY) TO 'C-
1 NEIGHBORHOOD COMMERCIAL' (CITY OF WINTER SPRINGS)."
CHAIRMAN POE REITERATED THE MOTION AS, "YOUR MOTION IS TO APPROVE
ITEM '401' AS PRESENTED BY STAFF." BOARD MEMBER BROWN SAID, "YES."
SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
CHAIRMAN POE: AYE
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER BROWN : AYE
BOARD MEMBER TILLIS: AYE
BOARD MEMBER VOSKA: AYE
MOTION CARRIED.
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
Zoning Map, June 2005
ZONING MAP JUNE 2005
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August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C
Ordinance 2005-21, Map & Legal Description
ORDINANCE 2005-21
AN ORDINANCE OF l'HE CITY COM;\USSION OF THE
CITY OF \\lINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNA'I'ION OF THE REAL PltOpERTY
CONSTITUTING A PARCEL l'OTALING 5.13 ACRES 1\'10RE
OR LESS AND LOCATED AT 820 STATE ROAD 434 IN
WINTER SI)RINGS, FLORIDA, AND MORE
PARTlCULARL)' DEPICl'ED AND LEGALL Y DESCRIBED
ON EXHIBIT"A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "A-I" TO CITY OF \\lINTER SPRINGS "C-I
NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR THE
RE1)EAL OF I)IUOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILrry. AND AN EFFECTIVE
DATE.
\VHEREAS, the Planning and Zoning Board and City Stafl' of the City of Winter Springs
have recommended approval of this Ordinance at their July 6, 2005 meeting; and
WHEREAS, the City Commission of the City of Winter Springs held a dilly 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 sufficient, competent, and substantial evidence
supports the zoning change set forth 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 Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF \\lINTER
SPRINGS HEREBY ORDAINS. AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are tme and correct and are fully
incorporated herein by this reference.
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 classification from Seminole County "A-I" to City of Winter Springs "C-I
Neighborhood Commercial" for the property legally described on Exhibit "A," which is attached
and incorporated herein by this reference. City Staff is hereby directed to promptly amend the
City of Wimt'T Springs
Ordinance No. 2005-21
Page 1 of 2
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
Official Zoning Map upon the effective date of this Ordinance.
Section 3. Repeal of I)rior 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 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. Effectin'Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2005-20 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2005-20 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
Approved as to legal fonn and sufficiency for
the City of Winter Springs only:
Anthony A. Garganesc, City AttorJH.~Y
First Reading:
Second Reading:
Effective Date:
CilY of Winter Springs
Ordinance No. 2004-20
Page 2 of 2
August 22, 2005
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT C
Ordinance 2005-21, Map & Legal Description
LOCATION MAP
WINTER
SPRINGS
SR 434
J OVIEDO
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LEGAL DESCRIPTION:
LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE %
METES & BOUNDS DESCRIPTION:
(Description as provided by Old Republic National Title Insurance Company File No 152042262)
Lot or Tract No.3 of McElroy's 5 acre farms, described as follows:
Begin at a point 660.4 feet East and 30 feet North of the Southwest comer of the NW ~ of the
NW ~ of the SE ~ of Section 4, Township 21 South, Range 31 East, said point being on the North
side ofthe Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter
section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and
thence West along the North boundary line of said road 330.2 fee to the point of beginning; being
five acres, more or less. All lying and being in Seminole County, Florida.