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Home My WebLink About2000 01 10 Public Hearing A Second Reading - Ordinance 756 Future Land Use Map for Lamoureux Property COMMISSION AGENDA ITEM A Consent Informational Pu blie Hearing X Regular January 10, 2000 Meeting M; / Inept Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for the second reading and adoption of Ordinance 756 to designate the Lamoureux property (2.5 acres) Commercial on the Future Land Use Map. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for the second reading and adoption of Ordinance 756 to change the Future Land Use Map designation of the Lamoureux property from county designation "Suburban Estates" (1 DU per acre max.) to City designation "Commercial". APPLICABLE LAW AND PUBLIC POLICY: The provisions of 163.3 I 87(1)(c) F.S. which states in part "Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan". CDD/December 29,1999/2:48 PM JANUARY 10, 2000 PUBLIC HEARING AGENDA ITEM A Page 2 A local government is not required to comply with the requirements of 163.3184(15)(c) F.S. concerning the holding of two (2) public hearings for adoption of a small scale amendment if the local government complies with the provisions of 166.041(3)(c) F.S. for a municipality [i.e. no transmittal public hearing to send the amendment to the Florida Department of Community Affairs] . CONSIDERA TIONS: · The subject property was annexed into the City on October 25, 1999. · The Local Planning Agency, at its November 3, 1999 meeting, recommended approval of the Future Land Use Map change with the condition that the applicant enter into a Development Agreement and comply with all of the requirements of the S.R 434 Corridor New Development Area Regulations. · The City Commission held a first reading of Ordinance 756 on December 13, 1999. · The property owner has discussed with staff the requirements of the S.R 434 Corridor New Development Area Overlay Zoning District Regulations and has agreed in public session to abide by those regulations through a development agreement. FISCAL IMPACT: None LOCAL PLANNING AGENCY RECOMMENDATION TO THE CITY COMMISSION: The following motion was made: "Based on the information provided and the findings as enumerated under Roman numeral three, the seven different findings there, I'll recommend that the City Commission approve a small scale comprehensive plan amendment changing (FLUM) the future land use map designation of the 2.5 acre Lamoureux property from county "suburban estates" (1 DU per acre) to "Commercial" based on that the owner agree to enter into a Developers Agreement with the City of Winter Springs to develop this property and comply with all of the requirements of the 434 Corridor Plan." CDD/Decernber 29, 1999/2:48 PM JANUARY 10,2000 PUBLIC HEARING AGENDA ITEM A Page ~ Amendment to the motion: ''I'd like to amend that motion, and to be consistent with the Battle Ridge Agreement, dated January 26, 1999." The board member, who made the original motion, asked "Are you trying to limit it, Mark, to what's mentioned in this - what is he, Mayor-Chairman, A and B points dealing with the sizing of the trunk lines sufficient only to provide water and sewer to the Battle Ridge Property and no other surrounding properties?" The board member responded, "Yes, that's what I'm trying to achieve there." MOTION CARRIED STAFF RECOMMENDATION TO THE LOCAL PLANNING AGENCY: Based on the Staff Report and the Findings, staff recommends the Local Planning Agency make the following recommendation to the City Commission: That the City Commission approve a small scale comprehensive plan amendment changing the Future Land Use Map (FLUM) designation of the 2.5 acre Lamoureux Property from county "Suburban Estates" (1 DU per acre) to "Commercial". IMPLEMENTATION SCHEDULE: The ordinance for the small scale comprehensive plan amendment would take effect thirty-one (31) days after adoption at the January 10, 1999 City Commission meeting. ATTACHMENTS: A. Ordinance 756 B. Map oflocation of the subject property. C. Staff Report D. Minutes of November 3, 1999, Local Planning Agency Meeting E. Advertisement CDDlDecember 29, 199912:48 PM JANUARY 10, 2000 PUBLIC HEARING AGENDA ITEM A Page 4 COMMISSION ACTION: CDD/December 29, 1999/2:48 PM ATTACHMENT A ) ORDINANCE NO. 756 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE OF A CERTAIN PARCEL KNOWN AS THE LAMOUREUX PROPERTY AND MORE PARTICULARLY DESCRIBED BELOW FROM COUNTY "SUBURBAN ESTATES" TO "COMMERCIAL" PURSUANT TO 163.3187 and 166.041 FLORIDA STATUTES; PROVIDING FOR THE AMENDMENT OF THE FUTURE LAND USE MAP; SEVERABILITY; CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida has determined it to be in the best interests of the health, safety and welfare of the citizens of Winter Springs, Florida to change the future land use from its present designation of (county) "Suburban Estates" to (City) "Commercial" on the following real property situate in Winter Springs, Florida: ) CO:M:MENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST ~ OF SECTION 4, TOWNSHlP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA AND RUN WEST 990 FEET MORE OR LESS TO THE NORTHEAST CORNER OF THE EAST Y2 OF THE WEST Y; OF THE NORTHWEST ~ OF THE NORTHEAST ~ OF THE SOUTHEAST ~ OF SAID SECTION 4, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE RUN THE FOLLOWING APPROXIMATE COURSES AND DISTANCES ALONG THE BOUNDARIES OF SAID EAST Y; OF THE WEST Y2 OF TI-IE NORTHWEST 1/4 OF THE NORTI-IEAST ~ OF THE SOUTHEAST ~: SOUTHERL Y, 660 FEET MORE OR LESS; WESTERLY, 165 FEET MORE OR LESS; NORTHERL Y, 660 FEET MORE OR LESS; EASTERLY, 165 FEET MORE OR LESS TO THE POINT OF BEGINNING. WHEREAS, the City Commission for the City of Winter Springs, Florida has determined that the change of future land use of the above described property will be consistent with the intent the City's Comprehensive Future Land Use Map to keep the S.R. 434 Corridor commercial; that the adjacent properties on the north side of S.R. 434 westward have existing commercial enterprises; that the adjacent property (Winter Springs Executive Park) to the west has been designated by the City "Commercial" on the Future Land Use Map; that the "Commercial" designation on the small size (2.5 acre) of this property should create little impact on infrastructure such as traffic on the urban arterial roadway, S.R. 434; that the City Commission of the City of Winter Springs has determined that a future land use designation of "Commercial" will contribute to the City's Ad Valorem Tax yield. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA HEREBY ORDAINS; SECTION I - That the City of Winter Springs, hereby changes the future land use designation of (county) "Suburban Estates" to "Commercial". ) ) SECTION IT - If any section or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of a section or subsection or part of this Ordinance. SECTION ill - That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION IV - This Ordinance shall take effect thirty-one (31) days after adoption, in accordance with 163.3187(3)(a) Florida Statutes. PASSED AND ADOPTED this lOthdayof January , 2000. ) CITY OF WINTER SPRlNGS ATIEST: ~~\~~ REA ~O-LUACES, CITY CLERK )