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HomeMy WebLinkAbout2004 07 12 Public Hearings 405 COMMISSION AGENDA \ \ July 12, 2004 Meeting Consent Information Public Hearing X Re2ular ITEM 405 MGR. f/' IDEPT Authorization J//~/ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-20, which rezones Map designation of an 1.7 acre parcel, located at 1184 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 of George &Yvonne Meier (property owner) for Rezoning of the property at 1184 Orange Avenue, which was recently annexed from Seminole County. APPLICABLE LAW AND PUBLIC POLICY: Euclid v. Amber Realtv Co. .272 U.S. 365 (1926) (upholdine the constitutionality of the principles of zonine). Florida Municipal Home Rule Powers Act. Section 166.041, F.S. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprines Charter Section 4.15 Ordinances in General. (Procedures for adoption of ordinances). Winter Sprines Section 20-28. Actions to alter. etc. States that rezoning applications shall be presented to the Planning and Zoning Board for their consideration and recommendation to the City Commission. Winter Sprines 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 Sprines Section 20-102 (d) Rezonine application; procedures; standards of review. July 12,2004 PUBLIC HEARING AGENDA ITEM 405 Fourteen (14) standards were 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. CHRONOLOGY: ApI. 29, 2004-Apflication Received May 24, 2004- 2n Reading of Ordinance 2004-18, Annexing the parcel into the City June 2,2004- P& Z Board (LPA) heard the request and recommended "Approval" to the Commission June 28, 2004- 1st Reading of Ordinance 2004-20 July 1, 2004- Public Noticing in Orlando Sentinel of Public Hearing CONSIDERATIONS: Applicant/Owner - George & Yvonne Meier; 1184 Orange Avenue, Winter Springs, Florida 32708 Parcel Number - 26-20-30-5AR-OBOO-004B Acreage - approx. 1.7 acres General Location - The site is located at 1184 Orange Avenue, immediately north of the Ferlita property. Legal Description - The Westerly 100 Feet of the Easterly 175 Feet of Lot 4, Block B, D.R. Mitchell's 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 Seminole County, Florida and the Westerly 71 Feet of the Easterly 246 Feet of Lot 4, Block B, D.R. Mitchell's 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 Seminole County, Florida LESS the East 151.00 Feet of the South 230.00 Feet together with the East 20.00 of that portion lying North of the South 230.00 Feet of the above described property and South of the Northerly line of the South 638.17 Feet of the above described property and the East 25.00 Feet of that portion lying North of the Northerly line of the South 638.17 Feet of the above described property, containing 1.69 acres more or less. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-18. Existing Land Use"- The site has a one-story single family residence. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: I I Existing Land Uses Zoning I I FLUM I Subject Site Single Family Residential A- I (SC) Suburban Estates (SC) and Conservation (SC) North Lake Jesup South Single Family Residential Town Center (WS) Town Center (WS) -------------. East Single Family Residential A-I (SC) Suburban Estates (SC) and Conservation (SC) West Vacant A-I (SC) Suburban Estates (SC) and Conservation (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The site is already developed as a one-story residence. July 12,2004 PUBLIC HEARING AGENDA ITEM 405 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. (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-1 Agricultural" to Winter Springs "Town Center" is appropriate and compatible with the land use pattern established by the City's comprehensive plan; The 8.56 acre parcel is located immediately north of Winter Springs High School, which is also zoned "Town Center". (5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone. Designation of this 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 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 I110gically 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 Necessarv- 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; July 12,2004 PUBLIC HEARING AGENDA ITEM 405 (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; . FINDINGS: In analyzing the Rezoning request, it was determined that the (new) fourteen (14) review standards included in Section 20-102 were satisfied. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board/Local Planning Agency on June 2,2004, the Board held a Public Hearing and voted 4-0 recommending "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-20, which changes the Zoning classification on the subject property at 1184 Orange Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs). ATTACHMENTS: A. Ordinance 2004-20 including Map & Legal Description B. Draft Minutes of the Planning and Zoning Board Meeting COMMISSION ACTION: July 12,2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT A ORDINANCE 2004-20 ORDINANCE 2004-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.7 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A 1'1' ACHED HERETO, FROM SEMINOLE COUNTY "A-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 of Winter Springs have recommended approval of this Ordinance at their June 2, 2004 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. 2004-20 Page lof 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" for the property legally described on Exhibit "\," 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 2004-19 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-19 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2004-20 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 ,2004. 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: G:\DocslCity of Winter SpringsIOrdinanceslZoning2004-20. wpd7 City of Winler Springs Ordinance No. 2004-20 Page 3 of 3 July 12, 2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT A ORDINANCE NO. 2004-20 EXHIBIT "A" lake Jesup LEGAL DESCRIPTION: The westerly 100 feet of the Easterly 175 feet of Lot 4, Block B, D.R. Mitchell's 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 Seminole County, Florida, and the Westerly 71 feet of the Easterly 246 feet of Lot 4, Block B, D.R. Mitchell's 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 0 Seminole County, Florida, LESS: The East 151.00 feet of the South 230.00 feet together with the East 20.00 feet of that portion lying north of the South 230.00 feet of the above described property and south of the northerly line of the South 638.17 feet of the above described property and the East 25.00 feet of that portion lying North of the northerly line of the South 638.17 feet of the above described property, Containing 1.69 acres, more or less July 12,2004 PUBLIC HEARING AGENDA ITEM 405 Being more particularly described as follows; Commence at the Southeast corner of Lot 4, Block B, D.R. Mitchell's 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 Seminole County, Florida; said point being on the North Right of Way line of Orange Avenue; thence along said Right of Way line, South 8r07'49" West, 74.80 feet to a point on the east line of the Easterly 175 feet of said Lot 4; thence continue along said Right of Way line, South 8r07'49" West, 151.01 feet for a POINT OF BEGINNING; thence continue along said Right of Way line South 8r07'49" West 20.00 feet to a point on the West line of the Easterly 246 feet of said Lot 4; thence along said West line, North 02012'02" West 684 feet; to the approximate edge of water of Lake Jessup; thence northeasterly along said waters edge 148 feet, more or less; thence leaving said waters edge, South 02012'02" East 70 feet, more or less; thence North 8r07'49" East, 5.00 feet; thence South 02012'02" East 408.20 feet to a point on the north line of the South 230 feet of said Lot 4; thence along said line South 8r07'49" West 131.01 feet to a point on the west line of the East 151.00 feet of said Lot 4; thence along said west line South 02012'02" East, 230.02 feet to the Point of Beginning. Containing 1.723 acres, more or less. July 12,2004 PUBLIC HEARING AGENDA ITEM 405 ATTACHMENT B Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 2, 2004 PAGE 8 OF 12 AFFECTED AREAS." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN: AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. PUBLIC HEARINGS Community Development Department - Planning Division F. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing Related To Ordinance 2004-20 Which Rezones Map Designation Of An 1.7 Acre Parcel, Located At 1184 Orange Avenue From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Ms. Sahlstrom presented the Agenda Item. Discussion. Ms. Sahlstrom said, "We believe this is the appropriate zoning for this parcel." Ms. Sahlstrom added, "It is our recommendation that you approve it to move forward to the [City] Commission." "I MOVE THAT WE RECOMMEND CHANGING THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT H84 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED.