HomeMy WebLinkAbout2003 08 11 Public Hearings B Second Reading - Ordinance 2003-20 Change to the Zoning Map
COMMISSION AGENDA
August 11, 2003
Meeting
x
ITEM B
MGR.
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
Public Hearing for Second Reading and Adoption of Ordinance 2003-20 to change the Zoning Map
from Seminole County "R-l" to Winter Springs "Town Center" for the Properties located at 1204,
1206, 1208, & 1210 Orange Avenue.
PURPOSE:
Subsequent to Annexation, the Applicants are requesting a Zoning Map Amendment, from Seminole
County "R-l " to Winter Springs "Town Center".
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 of the City Code states "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."
Chapter 166, Florida Statutes, contains the requirements for the adoption of ordinances. Section
166.041, F .S., states that a proposed ordinance shall be noticed once in a newspaper of general
circulation in the municipality at least 10 days prior to adoption and that the notice shall also advise
that interested parties may appear at the meeting and be heard with respect to the proposed
ordinance.
CHRONOLOGY:
May 1,2003- Received Application for Annexation and Subsequent Comprehensive Plan
Amendment and Rezoning Petition
May 21, 2003- Adjacent property owners within 150' Notified by Certified Mail
June 23, 2003- Subject properties annexed into City of Winter Springs
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August 11, 2003
PUBLIC HEARING AGENDA ITEM B
July 2, 2003- Planning and Zoning Board heard the request for Zoning change and Recommended
Approval
July 28,2003- 1st Reading of Ordinance 2003-20
CONSIDERATIONS:
Applicants - James F. Pullen 1208 ORANGE AVENUE & Louise Conti 1206 ORANGE AVENUE
Site Information -
Four different contiguous parcels are included.
Parcel A-
· Owner- Michael S. Duffy
· Parcel Number- 31-20-31-502-0000-0040
· Acreage- 21,922 SF more or less
· General Location- The site is located at 1210 ORANGE AVENUE.
· Current Future Land Use Designation- (County) Low Density Residential
· Legal Description (Metes and Bounds)- Beginning at the Southeast corner of Lot 5 of Estes
Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, run
along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27" W, 60.00 feet; thence leaving
said right-of-way line run N 22 D 12' 23" E, 363.00 feet; thence run S 64 D 27' 11" E, 59.88 feet; thence
run S 22 D 15' 01" W, 367.24 feet to the Point of Beginning.
Parcel B-
· Owner- Terry R. Heitlage
· Parcel Number- 31-20-31-502-0000-0020
· Acreage- 53,892 SF more or less
· General Location- The site is located at 1204 ORANGE AVENUE.
· Current Future Land Use Designation- (County) Low Density Residential
· Legal Description- Beginning at the Southeast corner of Lot 2 of Estes Tuskawilla, as recorded in
Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of
Beginning, run along the Northerly right-of-way line of Orange Avenue, N 60 D 23' 27",60.00 feet;
thence leaving said right-of-way line run N 22 D 07' 02" East, 703.29 feet, thence run S 64 D 27' 11" E,
60.15 feet; thence run S 22 D 09' 43" W, 347.51 feet; thence run S 60 D 25' 30" E, 60.28 feet; thence
run 60 D 23' 27" E, 7.34 feet; thence run S 22 D 12' 23" W, 40.00 feet; thence run S 60 D 23' 27" E,
33.00 feet; thence run S 22 D 12' 23" W, 83.00 feet; thence run N 60 D 23' 27" W, 40.34 feet; thence
run N 60 D 24' 48" W, 60.18 feet; thence run S 22 D 09' 43" W, 237.00 feet to the Point of Beginning.
Parcel C-
· Owner- James F. Pullen
· Parcel Number- 31-20-31-502-0000-0030
· Acreage- 36,746 SF more or less
August 11, 2003
PUBLIC HEARING AGENDA ITEM B
· General Location- The site is located at 1208 ORANGE AVENUE.
· Current Future Land Use Designation- (County) Low Density Residential
· Legal Description- Beginning at the Northwest corner of Lot 3 of Estes Tuskawilla, as recorded in
Plat Book 8, Page 29 of the Public Records of Seminole County, Florida, also being the Point of
Beginning, run S 64 D 27' 11" E, 100.22 feet; thence run S 22 D 12' 23" W, 394.60 feet; thence run N
60 D 23' 27" W, 33.00 feet; thence run N 22 D 12' 23" E, 40.00 feet; thence run N 60 D 23' 27" W, 7.34
feet; thence run N 60 D 25' 30" W, 60.28 feet; thence run N 22 D 09' 43" E, 347.51 feet to the Point of
Beginning.
Parcel D-
· Owner- Louise Conti, Cad Conti & Janice Johnson et al
· Parcel Number- 31-20-31-502-0000-003A
· Acreage- 23,802 SF more or less
· General Location- The site is located at 1206 ORANGE A VENUE.
· Current Future Land Use Designation- (County) Low Density Residential
· Legal Description- Beginning at the Southwest corner of Lot 1, Estes Tuskawilla, according to the
plat thereof as recorded in Plat Book 8, Page 29, Public Records of Seminole County, Florida; thence run
along the Northerly right-of-way of Orange Avenue, S 60 D 23' 27" E, 120.00 feet to the Point of
Beginning; thence run N 22 D 09' 43" E, 237.00 feet; thence run S 60 D 24' 48" E, 60.18 feet; thence
run S 60 D 23' 27" E, 40.34 feet; thence run S 22 D 12' 23" W, 237.03 feet, thence run N 60 D 23' 27"
W, 100.33 feet to the Point of Beginning. Subject to an easement for ingress and egress over the
Easterly 20 feet of the westerly 40 feet of said Lot 4.
Chronology of Subiect Property - The subject property was annexed into the City on June 23, 2003, by
Ordinance 2003-18.
Existing Land Use - The properties are currently in Low Density Single-Family Residential use (1.1
Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent existing land uses, zoning and FLUM
designations include the following:
Existing Land Uses Zoning FLUM
,
Subject
_ Prop-erties
North
South
Low Density R-l (SC)
Single Family Residential
Low Density Residential
(SC)
Lake Jesup
. _____..._M________._________ ___._________._______.__.___ -------..--------.--.--.--~..
Vacant Town Ctr District (WS) Town Ctr District (WS)
East
Low Density R-l (SC)
Single Family Residential
Low Density Residential
(SC)
West Low Density R-l (SC) Low Density Residential
Sin Ie Famil Residential SC
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
August 11, 2003
PUBLIC HEARING AGENDA ITEM B
Development Trends - The subject properties are already developed as single family homes. No land
use changes have been proposed.
Proposed Zoning Classification - The proposed zoning classification change from Seminole County "R-
1" to Winter Springs "Town Center District" is consistent with the general character of the area and the
site's existing land use. The site is located adjacent to the Town Center District boundary.
Letters/Phone Calls In Favor Or Opposition - Only informational requests as of June 18,2003.
REZONING ANALYSIS:
Justification For Zoning Designation - The proposed zoning designations have been determined by
evaluating the prevailing character of the area, as well as evaluating the current land use and if it is
compatible with the permitted uses for the proposed zoning classification.
Public Facilities - The site is already developed. At this time, no changes are being proposed to the
existing development. Therefore, the proposed rezoning will have no impact on public facilities and
services. If the site later develops at maximum density, the resulting number of lots would still have
a negligible impact on public facilities and services.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent in the zoning of the
property is to apply a Winter Springs zoning designation that fits within the context of the area. The
proposed zoning designation for the subject property is consistent and compatible with the
surrounding land uses.
Natural Lands Compatibility - Not applicable.
Consistency With The Comprehensive Plan - A land use designation for the parcels was not
included on the City's Future Land Use Map, because the parcels were annexed into the City.
Therefore, consistency with the City's Future Land Use Map is not applicable.
FINDINGS:
The request is consistent with all applicable goals, objectives and policies of the City's adopted
Comprehensive Plan.
The request is in conformance with the purpose and intent of the City Code and with all applicable
requirements.
Considering the type and location of uses involved and the general character of the area, the request
would not result in any incompatible land uses, including such factors as height, bulk, scale,
intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of July 2,2003, the City of Winter Springs Planning & Zoning
Board heard the request for Rezoning of the Pullen, Heitlage, Duffy & Conti properties located at
1204, 1206, 1208, 1210 Orange Avenue, from (County) "R-l" to (City of Winter Springs) "Town
Center District" and voted unanimously to recommend it to the City Commission for Public Hearing
and Approval.
August 11, 2003
PUBLIC HEARING AGENDA ITEM B
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for Second Reading and Adoption
of Ordinance 2003-20 to change the Zoning Classification on the subject property at 1204, 1206,
1208, & 1210 Orange Avenue, from (County) "R-l" to (City of Winter Springs) "Town Center
District". The Rezoning should incorporate the City Staff and the Planning & Zoning Board's
Findings, as the basis for the adoption of the Rezoning.
IMPLEMENTATION SCHEDULE:
July 31, 2003- Public Noticing for 2nd Reading! Adoption by the Commission in Orlando Sentinel
Aug. 11,2003- 2nd Reading and Adoption of Ordinance 2003-20
ATTACHMENTS:
A. Planning & Zoning Board Minutes from July 2,2003
B. Ordinance 2003-20 including Map & Legal Description
COMMISSION ACTION:
August 11, 2003
PUBLIC HEARING AGENDA ITEM B
ATTACHMENT "A"
Plannin!! & Zonin!! Board Minutes from Julv 2~ 2003
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JULY 2, 2003
PAGE 3 OF 5
v. REGULAR
REGULAR
A. Rezoning Petition (Ordinance 2003-20) To Change The Zoning Map From
Seminole County "R-1" To Winter Springs "Town Center" For The Properties
Located At 1204,1206,1208, And 1210 Orange Avenue.
Brief discussion.
"I WOULD MOVE THAT THE REZONING PETITION TO CHANGE THE
ZONING MAP FROM SEMINOLE COUNTY 'R-1' TO WINTER SPRINGS
'TOWN CENTER', FOR THE PROPERTIES LOCATED AT 1204, 1206, 1208,
AND 1210 ORANGE AVENUE, BE APPROVED." MOTION BY BOARD
MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KREBS: AYE
CHAIRMAN BROWN: AYE
BOARD MEMBER KARR: AYE
BOARD MEMBER POE: AYE
MOTION CARRIED.
REGULAR
B. Administrative Rez()ning of Seven (7) Parcels Along State Road 434 From "R-1"
to "C-1" (Ordinance 2003-25).
Chairman Brown opened the "Public Input" portion of this Agenda Item.
No one spoke.
The "Public Input" portion of this Agenda Item was closed.
Ms. Sahlstrom presented this Agenda Item, along with pictures of the said properties, and
advised, "There is an error I believe in the information I provided you. I said that acreage
is approximately 12,000 square feet." Ms. Sahlstrom added, "According to the Tax
Appraiser's information it is 6,750 square feet for these parcels, approximately."
Discussion.
Ji! .;./1
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August 11, 2003
PUBLIC HEARING AGENDA ITEM B
ATTACHMENT "B"
ORDINANCE 2003-20
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF FOUR (4) PARCELS OF
REAL PROPERTY GENERALLY LOCATED ON ORANGE
A VENUE IN WINTER SPRINGS, FLORIDA, LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND
FULLY INCORPORATED HEREIN BY THIS REFERENCE,
FROM SEMINOLE COUNTY "R-1" TO CITY OF WINTER
SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR 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 its July 2, 2003 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 sufficient, competent, and substantial evidence
supports the zoning change set forth hereunder; and
WHEREAS, 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 WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2003-20
Page 1 of 3
Section 1.
Recitals.
The foregoing recitals are true 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 "R-1" to City of Winter Springs "Town
Center District" 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 Official
Zoning Map upon 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 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 2003-19 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2003-19 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2003-20
Page 2 of 3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of
,2003.
John F.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:
Effective Date:
F:\Docs\City of Winter Springs\OrdinanceslZoning2003-20. wpd7
City of Winter Springs
Ordinance No. 2003-20
Page 3 of 3