HomeMy WebLinkAbout2003 06 09 Public Hearings D First Reading - Ordinance 2003-09 Rezoning
COMMISSION AGENDA
June 9. 2003
Meeting
Consent
Information
Public Hearine: X
Ree:ular
ITEM D
MGR. ~ /Dept. /~
REQUEST:
The Community Development Department - Planning Division requests the City Commission hold a
public hearing for First Reading of Ordinance 2003- 09 to Rezone a 2.02 Acre parcel, located at 1281
Natures Way, from (County) "A-I" to (City of Winter Springs) "Town Center District".
PURPOSE:
This is an Administrative request to designate an appropriate and compatible City of Winter Springs'
Zoning Classification for a parcel which was previously annexed into the City from Seminole County,
but subsequent action was never taken to Rezone the affected parcels from Seminole County Zoning to
City of Winter Springs Zoning.
The City is initiating the change as the applicant. The property owners have been notified by certified
mail so that they are aware of the process andso that their input can be heard.
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.
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June 9, 2003
PUBLIC HEARING AGENDA ITEM D
CHRONOLOGY:
Feb. 24, 1992- Annexation by Ordinance 516, Petition filed by Robert R. & Juanita Shasteen
April 28, 2003- Property Owner Notified of Administrative Action.
May 07,2003- Planning & Zoning Board (LPA) heard the request and recommended Approval.
May 19,2003- Adjacent property owners within 150' Notified by Certified Mail
May 21, 2003- Property posted with signage Noticing Upcoming Meetings
May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 29, 2003- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading
June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting.
CONSIDERATIONS:
Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708
Owner - Sandra H. Armiger
Parcel Number - 01-21-30-501-0000-0130
Acreage - 2.02 Acres
General Location - The site is located at 1281 NATURES WAY, immediately north of Avery Park
and south of the Tuscawilla Trails mobile home community.
Legal Description - LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5
Chronology of Subiect Property - The subject property was annexed into the City on February 24,
1992, by Ordinance 516.
Existing Land Use - The property is 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 Site Low Density A-I (SC) Medium Residential (SC)
_.~.~g}~X~!J1iI~}~~~~~!.ltial __ __.M_______.__.______.......______________..... __(M!!:?S._!Q_!?.Y~l__._____...__._.___
North Mobile Home Residential R-T (WS) Residential Medium (WS)
-.--------- \---.--.-.---.------.----.--------.-. __..R_________...__.__.______ _._(~_:~_!?l!.~_to ~Q)~yA)_._
South Mixed Use Town Ctr District (WS) Town Ctr District (WS)
------------ ----.-.----...-----.----.-............--...---." ...-..--."..---".-----..-.-.-..-----.--.. .----.--.-.------.------...--.-....."....-.-...-...-
East Single Family Residential A-I (SC) Medium Residential (SC)
--______0..___...".--- ------- ~~~9_DUA) ____
West Single Family Residential A-I (SC) Medium Residential (SC)
(Ma~ 10 DUA)
(WS) Winter Springs; (SC) Seminole County; (0) Oviedo
Development Trends - The subject site is already developed as a single family home. No land use
changes have been proposed.
Proposed Zoning Classification - The proposed zoning classification change from Seminole County
"A-I" 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 current Town Center District
June 9, 2003
PUBLIC HEARING AGENDA ITEM D
boundary.
Letters/Phone Calls In Favor Or Opposition - Several phone calls have been received asking for
information. Nothing has been received in favor or in opposition of the rezoning as of May 30,
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. A comparison of
permitted uses under the current zoning was compared to the permitted uses in the proposed zoning
to identify the possible uses which would be non-conforming. The Town Center District allows the
property owner the most flexibility and is the most compatible with the surrounding Winter Springs
area. The property owner has been assured that the existing agricultural structures and use (barn and
animals) would be allowed as a non-conforming, pre-existing use.
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 current uses involved and the general character of the area, the
request does not result in creating incompatible land uses, including such factors as height, bulk,
scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed
important, beyond those existing currently.
PLANNING & ZONING BOARD RECOMMENDATION:
At its regularly scheduled meeting of May 7, 2003, and June 4, 2003, the City of Winter Springs
Planning & Zoning Board (LP A) heard the request for Rezoning of the Armiger property located at 1281
June 9, 2003
PUBLIC HEARING AGENDA ITEM D
Natures Way. from "A-I" (Seminole County) to "Town Center District" and voted unanimously to
recommend it to the City Commission for Public Hearing and Approval.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a public hearing for First Reading of Ordinance
2003-09 to change the Zoning Classification on the subject property at 1281 Natures Way, from "A-
I" (Seminole County" to "Town Center District" (City of Winter Springs). 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:
June 09, 2003- 1st Reading of Ordinance 2003-09
June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel
June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-03
ATTACHMENTS:
A. Planning & Zoning Board Minutes from May 7, 2003
B. Ordinance 2003-09 including Map & Legal Description
COMMISSION ACTION:
June 9,2003
PUBLIC HEARING AGENDA ITEM D
ATTACHMENT "A"
Plannin2 & Zonin2 Board Minutes from Mav 7~ 2003
(Minutes from June 4, 2003 will be provided as a supplement when available)
CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7, 2003
. PAGE20F9
III. REGULAR
.:. .:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA
ITEMS WERE DISCUSSED TOGETHER AS DOCUMENTED. .:. .:.
REGULAR
A. Administrative Small Scale Future Land Use Amendment Changing The
Future Land Use Classification For Six Parcels Previously Annexed From The
County Into The City. But Which Never Received A Winter Springs Future Land
Use Classification.
REGULAR
B. Administrative Rezoning Changing The Zoning Classification For Six Parcels
Previously Annexed From The County Into The City But Which Never Received A
Winter Springs Zoning Classification.
Ms. Sahlstrom explained that she would be seeking separate recommendations related to
the Future Land Use Map (PLUM) and Rezoning. Regarding the "Arminger" Property,
Ms. Sahlstrom said, "We are proposing that the Future Land Use change from Seminole
County Medium Residential to Town Center District." Discussion on raising animals and
the Property Owner's present "Use" would be "Grandfathered in". Ms. Sahlstrom
distributed copies of Permitted Uses in the A-I District that are not permitted in the Town
Center District.
Ms. Sahlstrom said, "Staff recommends that the Arminger property at 1281 Natures Way
- the Future Land Use be .changed from Medium Residential in Seminole County to Town
Center District in Winter Springs. Further, Staff recommends that the Arminger property
also be rezoned from A-I Agricultural to Town Center District, Winter Springs."
Ms. Sandra Arminger, 1281 Natures Way, Winter Springs, Florida: spoke of the property
being annexed prior to her purchasing it; the she would like to de-annex: and stated she is
not interested in the Zoning being changed.
Discussion.
Tape I1Side B
Discussion.
"AS TO SITE 1, I WOULD MAKE A MOTION THAT THE LOCAL PLANNING
AGENCY DEALING WITH THE FLUM (FUTURE LAND USE MAP)
RECOMMENDS APPROVAL TO THE REQUESTED CHANGE OF THE
FUTURE LAND USE CLASSIFICATIONS ON SITE 1, THE ARMINGER
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CITY OF WINTER SPRlNGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7,2003
PAGE 3 OF9
PROPERTY AT 1281 NATURES WAY FROM MEDIUM RESIDENTIAL
WHICH IS THE SEMINOLE COUNTY DESIGNATION TO TOWN CENTER
DISTRICT WINTER SPRINGS BASED ON THE FINDINGS OF FACT ROMAN
NUMERAL III ON PAGE 7 OF OUR MATERIALS TO WIT THAT IT IS
CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE
COMPREHENSIVE PLAN. THAT IT IS IN CONFORMANCE WITH THE
PURPOSE AND INTENT OF THE CITY CODE AND APPLICABLE
REQUIREMENTS AND THAT THE TYPE, LOCATION, AND USES
INVOLVED IN THE GENERAL CHARACTER OF THE AREA.
IT IS NOT AN INCOMPATIBLE LAND USE, SPECIFICALLY HOLDING THAT
THE PROPERTY IS GRAND FATHERED IN FOR ITS CURRENT USES WITH
EQUESTRIAN HORSES, WITH FARM ANIMALS, PIGS, CHICKENS, CATS,
DOGS. THAT THIS GRANDFATHERING WOULD CONTINUE SO LONG AS
THE PROPERTY IS CONTINUOUSLY USED FOR THOSE PURPOSES, AND
THAT THE GRAND FATHERING WOULD NOT BE LOST UNTIL THERE IS. A
TWELVE (12) MONTH GAP IN LACK OF USE OR ABANDONMENT OF USE,
AND THAT FURTHER THAT THESE PEOPLE BE ABLE TO TRANSFER THIS
PROPERTY EITHER AS TOWN CENTER FUTURE LAND USE DESIGNATION
OR CONTINUE TO HAVE THEIR GRANDFATHERED USE AS A FARM
INCLUDING HORSES, PIGS, CHICKENS, CATS AND THE OTHER ANIMALS
THAT THEY CURRENTLY HAVE WITH THE EXISTING STRUCTURES."
MOTION BY BOARD MEMBER .FERNANDEZ. SECONDED BY BOARD
MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARDMEMBERKARR: AYE
MOTION CARRIED.
"I WOULD-MOVE TIIAT'tVE RECOl\fl\fEND TO TIlE CITY COl\fl\HSSION
THAT THEY CHANGE THE SITE ZONING ON THIS PROPERTY FOR SITE.
ONE (1) FROM - 'A-I' IN SEMINOLE COUNTY TO ALSO 'TOWN CENTER
DISTRICT' ZONING CODE BASED ON THE SAME FINDINGS AND BASED
. .
ON THE SAME - GRAND FATHERING PROVISIONS AND THAT THEY NOT
LOSE THEIR GRAND FATHERING UNLESS IT IS ABANDONED FOR A
PERIOD OF TWELVE (12) CONTINUOUS MONTHS - AND THAT THEY BE
ABLE TO BE TRANSFERRED AND ASSIGNED AND SOLD TO ANY FUTURE
PURCHASERS SO THAT ANY FUTURE PURCHASERS CAN PURCHASE IT
AND HAVE HORSES AND PIGS AND CATS AND CHICKENS ON THEIR
PROPERTY." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
ii.
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 7,2003
PAGE 4 OF 9
VOTE:
.CHAIRMANBROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED.
Next, Ms. Sahlstrom presented her comments on the "Nguyen" Property and
recommended that the property be changed from "Rural 3" Seminole County to "Town
Center District" Future Land Use and recommended rezoning from "A-I" Seminole
County to "Town Center District."
. Discussion.
. Tape 2/Side a
Mr. H Martin Neiswander, 1156 Orange Avenue, Winter Springs, Florida: addressed his
location in Seminole County and questioned how his land would be Zoned were he to
Atmex into the City.
Discussion.
"I'LL MAKE A MOTION THAT THE NGUYEN PARCELS, ALL 100% OF LOT
15, - THAT THE CITY COMMISSION CHANGE THE FUTURE LAND USE
MAP DESIGNATION FROM 'RURAL 3' SEMINOLE COUNTY - TO WINTER
SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT
THAT IT MEETS OUR GOALS, OBJECTIVES AND POLICIES IN THE COMP
PLAN [COMPREHENSIVE PLAN), THAT IT IS IN CONFORMANCE WITH
THE. PURPOSE AND INTENT OF THE CITY CODE. AND APPLICABLE .
REQUIREMENTS AND THAT BASED ON ITS LOCATION AND ITS USE AND
THE GENERAL CHARACTER OF THE SURROUNDING LANDS THAT IT IS
NOT NECESSARILY INCOMPATIBLE WITH SUCH LAND USES WHICH
INCLUDES THE HEIGHT. BULK. SCALE. INTENSITY. TRAFFIC. NOISE.
DUST, DRAINAGE, LIGHTING, APPEARANCE AND OTHER FACTORS
THAT PEOPLE DO DEEM IMPORTANT. BASED ON THOSE FINDINGS I
MAKE THE RECOMMENDATION TO CHANGE IT TO THE TOWN CENTER
DISTRICT." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN BROWN: AYE
BOARD MEMBER FERNANDEZ: AYE
BOARD MEMBER KARR: AYE
MOTION CARRIED
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June 9, 2003
PUBLIC HEARING AGENDA ITEM D
ATTACHMENT "B"
ORDINANCE NO. 2003-09
ORDINANCE 2003-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNATION OF THE REAL PROPERTY
GENERALLY LOCA TED AT 1282 NA TURES W A Y,WINTER
SPRINGS, FLORIDA, LlEGALL Y DESCRIBED ON EXHmIT
"A" ATTACHED HERETO AND FULLY INCORPORATED
HEREIN BY THIS REFERENCE, FROM SEMINOLE
COUNTY "A-I" 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 ofthis Ordinance at its May 7,2003 and June 4,2003 meetings; 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. 2003-09
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 "A-I" 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
ofthe remaining portions of this Ordinance.
Section 5.
Effective Date. This ordinance shall become effective immediately upon the
effective date of Ordinance 2003-08 as adopted by the City Commission of the City of Winter
Springs, Florida, and pursuant to the City Charter. If Ordinance 2003-08 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2003-09
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\Ordinances\Zoning2003-09.wpd7
City of Winter Springs
Ordinance No. 2003-09
Page 3 of 3
June 9, 2003
PUBLIC HEARING AGENDA ITEM D
EXHIBIT "A"
N
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W~I"L-
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LEGAL DESCRIPTION
LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5