HomeMy WebLinkAbout2004 06 28 Public Hearings 407
COMMISSION AGENDA
June 28, 2004
Meeting
Consent
Information
Public Hearin~ X
Re~ular
ITEM 407
MGR.
r IDEPT J/P'
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for 1 sl Reading of Ordinance 2004-23, which rezones two parcels,
located at approximately 1268 Orange Avenue from "R-l" (Seminole County) to "Town Center" (City
of Winter Springs).
PURPOSE: The purpose of this request is to consider the request ofMohamad and Karen Kazma
(property owners) for a for Rezoning of the property at 1268 Orange Avenue (and the adjacent
unaddressed vacant parcel to the east), 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.
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June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
Winter Sprin2s 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:
Mar. 19, 2004- Application Received
May 24, 2004- 2nd Reading of Ordinance 2004-21, 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- 1st Reading of Ordinance 2004-23
CONSIDERA TIONS:
Applicant - Mohamad & Karen Kazma; 363 Deer Pointe Circle; Casselberry, Florida 32707
Owner - same
Parcel Numbers - 31-20-31-503-0000-0050 & 31-20-31-503-0000-0070
Acreage - approx. 4.8 acres
General Location - The site is located at approximately 1268 Orange Avenue, immediately north of
TuskawiIla Trace Subdivision.
Legal Description - The East Y2 of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in
Plat Book 6, Page 93, Public Records of Seminole County, Florida.
Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004,
by Ordinance 2004-21.
Existing Land Use - The site is vacant. Previous structures were demolished prior to annexation.
The County Future Land Use designation is LDR- Low Density Residential and Conservation.
Adjacent existing land uses, zoning and FLUM designations include the folIowing:
Existing Land Uses Zoning FLUM
I
Subject Site Vacant R-l (SC) Low Density Residential
'_._'_____.____ ___.__,_____._.__.._.._............__,_..___..,_._,__,_,___ ,_~.L~_.<2<!.I!~~!:Y..~ti~E_C~9__
North Lake Jesup
----------- --------------.----......-.,.,--...----.-.- .-.-..------.-.-.---.---.-..-- .------.---.-.-.---.-.----.--.---.--------
South Single Family Residential Low Density Residential R-1A (WS)
________________.._...____..___.,_..,_....__..,_ ..._(~~2._.._..,_..,_..,____.._..__...._.._..,_.._....,_ ,__,___.._..__..,_..........___..........__.._......__........
Single Family Residential R-1 (SC) Low Density Residential
._.._._.______.,.,.,___ ________ ~CJ..~..~,~!1_~~~'!!i9_1!_.L~,9_
Single Family Residential R-1 (SC) Low Density Residential
(SC) & Conservation (SC)
East
West
(WS) Winter Springs; (SC) Seminole County
Development Trends - The site is currently vacant; The previous structures were demolished prior
to annexation. It is anticipated that the applicant will develop this site sometime in the future.
wishes.
Letters/Phone Calls In Favor Or Opposition - None.
June 28,2004
PUBLIC HEARING AGENDA ITEM 407
REZONING ANALYSIS:
The foIlowing 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 "R-l Agricultural" to Winter Springs "Town Center" is
appropriate and compatible with the land use pattern established by the City's comprehensive plan;
(5) Does Not Create Spot Zoning- The proposed Rezoning does not create a spot zone, because it
folIows the pattern already established on the north side of Orange Avenue.
(6) Does Not Materially Alter the Population Density Pattern- The proposed Rezoning change does
not materiaIly 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 IIlogically 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.
(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 Propertv- 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;
June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
FINDINGS:
In analyzing the Rezoning request, it was determined that the 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 4-0 recommending "Approval" to the Commission.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for I sl Reading of Ordinance
2004-23, which changes the Zoning classification on the subject property at approximately 1268
Orange Avenue from "R-l" (Seminole County) to "Town Center" (City of Winter Springs).
IMPLEMENTATION SCHEDULE:
June 28, 2004-1 st Reading of Ordinance 2004-23
July 1, 2004- Public Noticing in Orlando Sentinel of Public Hearing
July 12,2004- 2nd & Final Reading of Ordinance 2004-23
ATTACHMENTS:
A. Ordinance 2004-23 including Map & Legal Description
B. Draft Minutes of the Planning and Zoning Board Meeting
COMMISSION ACTION:
June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT A
ORDINANCE 2004-23
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
ZONING MAP DESIGNA TION OF THE REAL PROPERTY
CONSTITUTING TWO (2) PARCELS TOTALING 4.8 ACRES
MORE OR LESS AND ].JOCATED AT 1268 ORANGE
A VENUE AND THE ADJA CENT UNADDRESSED VACANT
PARCEL TO THE EAST IN WINTER SPRINGS, li'LORIDA,
AND MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO,
FROM SEMINOLE COUNTY "R-1" TO CITY OF \VINTER
SPRINGS "TOWN CENTER"; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE
DATE.
\VHERKAS, 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
\VHERKAS, the City Commission of the City of Winter Springs held a duly noticed public
hearing on the proposed zoning change set f011h hereunder and considered findings and advice of
staff, citizens, and all interested patties subntitting written and oral conmlents 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 sul'l]ejent, competent, and substantial evidence
supports the zoning change set fOlth hereunder; and
WHEREAS, the City Commission hereby finds that this Ordinance serves a legitimate
government pUI])ose and is in the best interests of the public health, safety. and welfare of the
citizens of Winter Springs, Florida.
NO\V, THEREFORE, THE CITY COMlVnSSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City ofWinlcr Springs
Ordinance No. 2004-23
Page 1 of 3
June 28,2004
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT A
Section 1.
Recitals.
The foregojng recitals are true and con:ect and are fully
incorporated herein by this reference.
Section 2.
Zoning Map Amendment. That the Oflkia] Zoning Map of the City of
Winter Springs as described ill City of Winter SpLings Code Section 20-102 is hereby amended to
include a change of classification from Seminole County "R-I" to City of Winter Springs "Town
Center" for the propelty legal:ly 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 pat1S of ordinances and
resolutions in cont1ict herewith, are hereby repealed to the extent of the conllict.
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, 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.
Sed,ion 5.
Effective Date. This ordinance shall become effecriveimmediately upon the
effective date of Ordinance 2004-22 as adopted by the City Commission of the City of Winter
Springs, Flotida, and pursuant to the City Chatter. If Ordinance 2004-22 does not become effective,
then this Ordinance shall become null and void.
City of Winter Springs
Ordinance No. 2004-23
Page 2 of 3
June 28,2004
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT A
ADOPTED by the City Commission of the City or Winter Springs, Florida, in a regular
meeting assembled on the
day of
.2004.
John F. Bush, Mayor
A TrEST:
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:\Docs\CiIY of Wimer Sptings\Ordin:mces\Zoning2004-23. wpd7
City of Wi Iller Springs
Ordinance No, 2004-23
Page 3 of 3
June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT A
ORDINANCE NO. 2004-23
EXHIBIT "A"
KAZMA PROPERTY. LOCATION MAP
lake Jesup
SUBJECT SITE
31-20-31-503-0000-0050
LEGAL DESCRIPTION:
The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6,
Page 93, Public Records of Seminole County, Florida, described as follows:
METES & BOUNDS DESCRIPTION:
Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly
right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N
59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30
degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure
purposes run S 37 degrees 38'29" E, 151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the
Point of Beginning.
Containing 2.20 acres, more or less.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
EXHIBIT A
KAZMA PROPERTY. LOCATION MAP, CONTINUED
31-20-31-503-0000-0070
LEGAL DESCRIPTION:
The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly 1'2 of Lot 10, TUSKAWILLA
SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida,
more particularly described as follows:
METES & BOUNDS DESCRIPTION:
Begin at the Southeast corner of the Westerly 1'2 of Lot 10; thence run N 59 degree 53'00" West 162.50
feet along the Northerly right-of-way line of Orange Avenue; thence run North 30 degrees 00'00" East
655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the
waters edge to a point of the East line of the Westerly 1'2 of Lot 10; thence run South 30 degrees 00'00"
West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a
proposed 30.0 foot easement for Ingress and Egress lying 15.0 feet on each side of the following
described center line; Commence at the Southeast corner of the West 1'2 of Lot 10, TUSKAWILLA
SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida;
thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange
Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00" East 300.0 feet
parallel with the West line of the East 1'2 of said Lot 10, to the terminus of this centerline description.
June 28, 2004
PUBLIC HEARING AGENDA ITEM 407
ATTACHMENT B
Draft Minutes of the June 2,2004 Planning & Zoning Board Meeting
erE,/18/2004 13: 25
4076998584
tHS JKREBS
c:::rrv OP wtN1"81t SPRtNGS
DMFT UNAPPROVED UlNlrTES
PUNN""'C; AND 7,()NIN(;; BOAItDJLOCAL ))LANNING AOtilCV
R1JOVLAR MElmNG -lUNB:1, 2004
PAC05 II OF 11
Chairperson Kreb~ closed the "Public Input" portion of this Agltlda Item.
Ms, Sahlstrom introduced this Agenda Item. DisCURsion.
Ms. Sahlstrom said, "Staft'believcs the appropriate Future Land Use Designation for this
property is crown Center' and is recommending that to you."
"I RECOMMEND THAT {PLANNING AND ZONING BOARD/] LOCAL
PLANNING AGENCY RECOMMEND TO THE CIty COMMISSION
ORDINANCE 2004..11 wmCH ,ADOPTS A SMALL SCALE COMPREHENSIVE
I'LANAMENDMENT .AND CHANCES TUE FUTURE LAND USE
DESIGNATION ON TIm SVBJECT PROPERTY A.T A,PPROXlMATELY 1268
ORANGE AVENUE FROM SEMINOLE COUNTY LOW DENSITY
RESIDENTIAL AND 'CONSERV AnON' TO THE CITY OF WINTER S:PlUNGS
'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE
AFFECTED AREAS." MonON BY BOARD MEMBER POE. SECONDED BY
VlCECBAIlU'ERSON KARR. DISCUSSION,
VOTE:
BOARD MEMBER lOE: AYE
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER BROWN: AYE
C1IAlR.PERSON KREBS: AYE
l\tOTlON CARRIED.
ro.UC dnAIUNGS
Conununity Development Departmeat -Planning DIvfston
H. Requests The Plumg ADd ~Jlinl BoardJLocQl PIUDing Agency lIold A
Public Hear1a.g. Related To OnJio8Jlce 2004-23 Which Rezoll~ Two Parcels,
Located. At ApproXimately 1268 Orange Avenue From ((R~l" (Seminole COUJlt)') To
"iowa Center" (City Of Wrote!' Springs).
Cll.airperson Kreb$ opened the "Public Input" JXJnton of this Agenda ftem.
No one spoke.
Cltairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom presented this Agenda Item.
Ms. Sahlstrom stated, "We [Staff] believe that the most appropriate toning for this parcel
is 'TOWD Centert and that is ourrecomm.endation."
"I MAKE A MOTION THAT WE RECOMMEND TO THE CITY
COMMIS8SION CHANGING lJIE ZONING CLASSIFICA nON ON TIlE
0t'd ~p lZE ~ep
S8NI~ CBlN 1f1 .:fJ ..u I J
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PAGE 10
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CITY OF WINTBR SPRJ1.IOS
DkAFT UNAPPlUJVfJ) MINUT!!S
P'LA.NNINC AND ZONING BOARDJLOCAl. P!.AJllNlNG AGlNCV
REOULAR. MBS"CTNG - lUlU! ~ 2'*
PAOE 10 OF 11
SUBJECT PROPERTY AT ,APPROXIMATELY 1268 ORAi.'{GE AVENUE FROM
'R-l' SiMINOLE COUNTY TO 'TOWN CiNTER' CITY OF WINTER
SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE
CHAI:RPERBON KARR. DISCUSSION.
VOTE:
CJIAlRPERSON KREBS: AYE
BOARD MEMBER BROWN: AYE
BOARDMEMBERPOE: AYE
VICE CBAIR.PERSON KARR: AYE
MOTION CAR.RlED.
IV. FUTURE AGENDA ITEMS
Vice Chairperson Karr di3cUssed her concerns regarding the parks in Winter Springs and
stated. "1 would like to see Chuck Pula [Parks and Recreation Department Director] in
here sometixM, in the near future." Vice Chairperson Kart added,"Wh.en I was there
[Torasoo Parle) with my children recently, there were merious violations gOing on and it
was not being xnonitored." Vice Chairperson Kart saids "A~ the other park, TrotwoOO
Park, there was gtaffiti allover, msty, tlasty graffiti all OV'er the park." Vice Chairperson
K1m ~~ "I want that to ,be an Agencla Item in the future. n
Ms. Sihlstrom said, ., know that Chuck Pula does need to come before you regl!tding a
grant. He commented to me and he is imeoding to come in tho next couple of months.
But) I will a1ao inform him that when he does come, it could probably be at the same time
but that he sbould - be prep~ to address these things."
Lastly, Vice ChaiIperson Kaxr oommentedt "And the other park.. Central Winds Fark.,
Which i6 beautiful now. It is scri01Wy being violated:' Chailpcraon Krebs said, "Is this
something that needs to corne before the [City) Commission too?" Ms. Sahlstrom stated,
"You could speak - to the [City] Commi.s$ion under Public Input.tf Vice Chairperson
Kart said, ''If we need to t4lce it to tho Commission, if I need to write a letter. if! need to
make an appe.tranCe. I will." Vice Chairperson Karr asked. "Tell me when I should go to
the Meeting (CommissionJ." Ms. Sahlstrom said, "The next Commission Meeting is
JUDe 14lb [2004]~n
Board Member Brown stated, "At our next Meeting, I would like to have on the Agenda -
we would review the water [Toruoo Park] situation so we get a c.bAnce to read over what
was given to us tonight and we might have more input" Chairperson Krebs said, "Ifthe
Board wants it on the Agenda, we will put it on the Agenda." Chairperson Ktebs said,
"You should bring that up before the Commisaion boolluse in the audi~ce will be .
.Police Chief Kerr and City Manager and Ilt that point maybe even ask the Commission to
get the Police involved."
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