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Home My WebLink About2004 06 28 Public Hearings 403 COMMISSION AGENDA June 28, 2004 Meeting Consent Information Public Hearing X Re2ular ITEM 403 MGR. Ii-/' IDEPT /~ . Authorization REQUEST: The Community Development Department - Planning Division requests Commission hold a Public Hearing for 1st Reading of Ordinance 2004-17, which rezones 8.56 acres (more or less), located at 1181 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 Guy Ferlita Trustee (property owner) & Thomas Corkery (applicant) for Rezoning of the property at 1181 Orange Avenue, which was recently annexed from Seminole County. APPLICABLE LAW AND PUBLIC POLICY: Euclid v. Amber Rea/tv Co. ,272 U.S. 365 (1926) (upholdiD!! the constitutionality of the principles of zonin2). Florida Municipal Home Rule Powers Act. Section 166.041, F.S. (Procedures for adoption of ordinances and resolutions including rezoning ordinances). Winter Sprin2s Charter Section 4.15 Ordinances in General. (procedures for adoption of ordinances) . Winter Sprin2s 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 Sprin2s 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. @> June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 Winter SpriD!~s Section 20-102 (d) Rezonin2; application; procedures; standards of review. 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. 23, 2004- Application Received May 24, 2004- 2nd Reading of Ordinance 2004-15, Annexing the parcel into the City June 2, 2004- P& Z Board (LP A) heard the request and recommended "Approval" to the Commission June 28, 2004- 1 st Reading of Ordinance 2004-17 CONSIDERATIONS: Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay Woods LLC; 1085 W. Morse Blvd., Suite A; Winter Park, Florida 32789 Owner - Guy Ferlita Trustee Parcel Number - 26-20-30-5AR-OBOO-0160 Acreage - approx. 8.56 acres General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs High School. Legal Description - Lot 16, Block "B" of 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. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-15. Existing Land Use - The site has a one-story single family residence, a shed and a well. The County Zoning designation is A-I Agricultural. Adjacent existing land uses, zoning and FLUM designations include the following: Existi~g Land Uses Zoning FLUM Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and --- -- --~-~._-------_.__._.__.__._..._._---- -----~._--~_._--------- Con~ery~!i~~{~f2__________ North Lake Jesup ._________n ----..-------.---....--.----.----.--.------.-- --...-.--.-------.---.-- ..--.---.--.----.------------...---.--.-. South Public School (W inter Town Center (WS) Town Center (WS) ,__SJ?ri~g~_~!ig~_,~~ho9..!l,_._.___ ---..---.--,..-.-...-----.--------- -.------....--,------------..-.--.-- East Single Family Residential Town Center (WS) Town Center (WS) ---------.-.---------.--.----.--- ._-_._---_.__._._...-------_._-~. ---.---------------....---. West Vacant; Borrow Pit Town Center (WS) Town Center (WS) ------- (WS) Winter Springs; (SC) Seminole County Development Trends - The site currently has a one-story residence. The applicant wishes to develop this site along with the Nguyen site to the west into townhomes. June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 Letters/Phone CalIs 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-l 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 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 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 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. June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 (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; 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 1 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 3-1 recommending "Approval" to the Commission. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 1 st Reading on Ordinance 2004-17, which changes the Zoning classification on the subject property at 1181 Orange Avenue from "A-I" Agricultural (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: June 28, 2004-1 st Reading of Ordinance 2004-17 July 1, 2004- Public Noticing in Orlando Sentinel of Public Hearing July 12, 2004- 2nd & Final Reading of Ordinance 2004-17 ATTACHMENTS: A. Ordinance 2004-17 including Map & Legal Description B. Draft Minutes of the Planning and Zoning Board Meeting COMMISSION ACTION: June 28, 2004 PUBLIC HEARlNG AGENDA ITEM 403 ATTACHMENT A ORDINANCE 2004-17 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 8.558 ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED HERETO, Ii'ROM 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, tbe 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 ofthe City of Winter Springs held a duly noticed public heating 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 nnds the requested change consistent with the City of Winter Springs' Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set fOlth hereuncler; ancl \\'HEREAS, the City Commission hereby finds that this Ordinance selves 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, THEREI!'ORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City ofWinler Springs Ordinance No. 2004-1.7 Puge 1 of 3 June 28,2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT A Section 1. Recitals. The foregoing recitals are true and com~ct and are fully incorporated herein by this reference. Sedion 2. Zoning Map Amendment. That: the Official Zoning Map of the City of Winter Springs as desclibecl 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" fonhe propelty 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 contlict 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 co1ll1 of competent jurisdiction, whether for substantive, procedural. or any other reaso,n, slIch pOltion 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 2004-16 as adopted by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. If Ordinance 2004-16 does not become effective, then this Ordinance shall become null and void. City of Winter Springs Ordinance No. 2004-17 Page 2 of 3 June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT A ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of ,2004. John F. Hush, 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:\DocsICiIY ofWinrer SpringsIOrdinanceslZoning2004-17. wpd7 City ofWinler Springs Ordinance No. 2004-17 Page 3 of 3 June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT A ORDINANCE NO. 2004-17 EXHIBIT "A" LOCA liON MAP Lake Jesup LEGAL DESCRIPTION: Lot 16, Block "B" of 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. More particularly described as follows: METES & BOUNDS DESCRIPTION: BEGIN at the Northeast corner of Lot 16, Block "B" of 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; thence run South 18035'40" West, along the East line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run North 71025'29" West, along the South line of said Lot 16, for a distance of 500.72 feet to the Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot 16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right of way) the following three courses: South 71056'39" East, for a distance of 96.52 feet; South 69021 '54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to the POINT OF BEGINNING. Contains 8.558 acres, more or less. June 28, 2004 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B Draft Minutes of the June 2,2004 Planning & Zoning Board Meeting _~..~t~~V~ ~~.,~ ~urUJ~U~Y~ I~.L~ ...."r<.l:.J:l;:l t"'A\.:l1:. I::lI CI1"V OF W!lI.'T8R 9Jll.1NGS DRAfT UNAPPROVED MlNl11'I!S f'LA.HNJNG AND ZONINGBO.A.RDlLOCAL tLANNINC 14CJ..NCi , I.EOULAA MEImNG -ltJNE 2. 2004 PAO,. 6 OF 11 .~ "I WOULD LIKIE TO MAKE A MonON THAT WE RECOMMEND TO THE CITY COMMISSION A MonON RELATED TO ORDINANCE 2004-16 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN, AMENDMENT AND CHANGES THE FlJ'I'VRE LAND USE DESIGNATIQN FROM THE SUBJECT PROPERlY AT 1181 ORANGE AVENUE,' FROM SEMINOLE COUNTY 'SuBURBAN EST AlES' AND 'CONSE;RVATlON' TO THE CITY OF WINTER SPRINGS 4TOWN CENTER' AND 'CONSERV AnON OVERLAY'l' MOTION BY BOARD MEMBER POEt SECONDED BY BOARD MEMBER, BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE CBAlRPERSON KREBS: AYE VICE CHAIRPERSONKARR.: NAY BOARD MEMBER POE: AYE UOTION CARRIED. Discussion. T.pe 2fSIdeA PU8L1C HlWUNG6 COlllDluaJty Development Department - Plallldng Divisio... " D. Requests The PlanniAr; ADd Zonine B08rd/LocaI Planning Agency Hold A PubUc Hearing Related To Ordlnece 20Q4-.11 Which Rezones 8.56 Acres (More Or Less), Loeattd At 1181 Onage Avenlle From Co(A-l" Agricultural (Sem.i.Dole County) To f'Town Center" (City Of Winter Sprillgs). Ms. Sahlstrom presented the Agenda Item. Diseussioo. ., WOULD, LIKE TO MAKE A MOTION THAT WE RECOM1tmND CHANGING ZONING CLASSIFICATION ON THE SUBJi.Cf PROPERTY AT 1181 ORANGE AVENUE FROM 'A-P AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRJNGS." MOnON BY BOARD MEMBER POR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CIIAIRPERSON KARR: NAY BOARD MEMBER POE: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER BROWN: AYE MOTION ~~Q: ~0'd ~~ ~ ~0P ~r&l5 ~IM .::lO Al.I:J OO:9't tr!a0c-L.t-Ni1C