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HomeMy WebLinkAbout2005 01 24 Public Hearings 401 Ordinance 2005-02, FLUM Amendment - 1136 Orange Avenue COMMISSION AGENDA ITEM 401 Consent Information Public Hearin Re ular x January 24,2005 Meeting MGR.~ IDEPT / Authorization REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for First Reading of Ordinance 2005-02, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 1.95 acre parcel, located at 1136 Orange Avenue, from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Town Center" & "Conservation Overlay" (on those affected areas). PURPOSE: The purpose of this request is to consider the request ofSrinivas Chari & Ramani Kilambi for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for their property at 1136 Orange Avenue from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Town Center" & "Conservation Overlay" (on those affected areas). APPLICABLE LAW AND PUBLIC POLICY Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation ofthe comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required. . . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent: Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 2 0[9 @) CHRONOLOGY: Dec. 13, 2004- Adoption of annexation, to be effective Dec. 31, 2004 Jan. 5,2005- P& Z Board (LPA) heard the request and made recommendation to the Commission Jan. 24, 2005- 1st Reading of Ordinance 2005-02 CONSIDERATIONS: Applicant - Srinivas Chari & Ramani Kilambi; 1136 Orange Avenue; Seminole County, Florida 32708 Owner - Srinivas Chari & Ramani Kilambi Parcel Number - 26-20-30-5AR-OBOO-006A Acreage - approx. 1.95 acres General Location - The site is located at 1136 Orange Avenue, northeast of Central Winds Park and south of Lake Jesup. Legal Description - LEG E 150 FT OF LOT 6 BLK B DR MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Chronology of Subiect Property - Annexation Agreement was reached on February 23, 2004. Ordinance # 2004-46 annexing the property was adopted on December 13, 2004 with an effective date of Dec. 31,2004. Existing Land Use - There is a single family residence on the site. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and ............................... .............................. .mm.. .gg~~~J::Y.l:l.!!g~(~g2.m North Lake Jesup Southwest Recreation (Central Winds Town Center (WS) Town Center (WS) !?~E~)m ............................................. .................. East Single Family Residential A-I Agricultural (SC) Suburban Estates (SC) . .................................................... West Single Family Residential Town Center (WS) Town Center (WS) (WS) Winter Springs; (SC) Seminole County Development Trends - The site currently has a new single family residence. No changes are being proposed at this time. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Town Center" and "Conservation Overlay" (on those affected areas) is appropriate and compatible with the general character of the area. The 1.95 acre parcel is located immediately to other properties that are designated on the FLUM as "Town Center". Letters/Phone Calls In Favor Or Opposition - None. January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 3 of9 COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: Justification for Future Land Use Designation - The requested future land use map designation has been determined by evaluating the prevailing character of the area around the subject property, as well as evaluating the current land use and the future goals and objectives of the City and of the property owner. A Winter Springs "Town Center" designation most closely resembles the character of the area and maintains continuity with the adjacent properties in the City. Public Facilities - At this time no changes are being proposed. Therefore, the proposed future land use map designation change 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 of the future land use designation of the property is to apply a Winter Springs' Future Land Use Map designation that supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility - The site which is on Lake Jesup has some environmentally sensitive lands which are distinguished by the "Conservation Overlay" designation. Consistency With 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. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: (I) The proposed amendment will have a favorable effect on the city's budget; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities; (3) There will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) The proposed amendment is consistent with the goals, objectives, and policies ofthe state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (5) The proposed amendment will cause the reduction in size of this enclave and enable the city to provide services in a more efficient manner; (6) The amendment is compatible with the surrounding neighborhoods and land use; (7) The amendment will not cause the comprehensive plan to be internally inconsistent; (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The amendment is compatible with the contents of the City's Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At its regular meeting of Jan. 5, 2005, the P &Z/LP A made recommendation to the Commission for approval of Ordinance 2005-02. January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 4 of9 STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2005- 02, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 1136 Orange Avenue from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: Feb. 3,2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14,2005- 2nd Reading IAdoption of Ordinance 2005-02 ATTACHMENTS: A. Ordinance 2005-02 including Map & Legal Description B. Excerpt ofP&Z/LPA Minutes of Jan. 5,2005 CITY COMMISSION ACTION: January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 5 of9 ATTACHMENT A ORDINANCE NO. 2005-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY Of' WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE f'LUM AlVIENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERIT CONSTITUTING ONE (1) PARCEL TOTALING 1.95 ACRES MORE OR LESS AND LOCATED AT 1l3() ORANGE A VENOE IN WINTER SPRINGS, FLORIDA, AND IVIORE PARTICULARLY DEPICTED AND LEGAl..LY DESCRIBEI) ON EXHIBIT "A" ATTACHEI) HERETO, FR01\I SEMINOLE COUNTY "SllBlJRBAN ESTA TES" AND "CONSERV A TION" TO CITY OF WINTER SPRINGS "TOWN CENTER" AND "CONSERVATION OVERLAY" (ON THOSE Af'FI~CTED AREAS)~ PROVII)JNGFOR THE REPEAL Of' PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DA TE. 'WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)(c), Florida Statutes: and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on January 5, 2005 in accordance with the procedures in Chapter 163, Part n, Florida Statutes. on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set fOlth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and slIpp01ting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and \VHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, s<.lfety. and welfare of the citizens of Winter Spri ngS. NOW, THEREFORE., THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2005 -02 Page 1 of 3 January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 60f9 ATTACHMENT A Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and In tent. It is hereby dcclared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions afthe City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendmentto the Future Land Use Map. The City of Winter Splings' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Composite Exhibit "A" from Seminole County "Suburban Estates" and "Conservation" to City of Winter Springs "Town Center" and "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Mfairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe conflict. Section 7. 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 pOltions of this Ordinance. Section 8. Incorporation iuto Compreheosive PIau. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the PIau Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordan{)e with Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption ofthis Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development peooits, City of Winter Springs Ordinance No. 2005-02 Page 2 of 3 January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 7 0[9 ATTACHMENT A or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day 2005. ATTEST: Jobn F. Busb, Mayor 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: City of Winter Springs Ordinance No. 2005-02 Page 3 of 3 January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 80f9 ATTACHMENT A ORDINANCE NO. 2005-02 EXHIBIT" A" LOCATION MAP Lake Jesup SUBJECT SITE Parcel # 26-20-30-5AR-OBOO-006A Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "D.R. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78013'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78013'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE A VENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUNN14050'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERL Y ALONG SAID WATERS TO A POINT BEARING (N15024'07"E AS MEASURED) N14050'39"E FROM THE POINT OF BEGINNING, THENCE RUN (S15024'07"W AS MEASURED) S14050'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. January 24, 2005 PUBLIC HEARING AGENDA ITEM 401 Page 9 of9 ATTACHMENT B Excerpt from P &Z/LP A Minutes of Jan. 5, 2005 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2005 PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The Planning And Zoning BoardlLocal Planning Agency Hold A Public Hearing For Ordinance 2005-02, Adopting A Small Scale FLUM (Future Land Use Map) Amendment Changing The Future Land Use Map Designation Of A 1.95 Acre Parcel, Located At 1136 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom presented this Agenda Item. Discussion. There was no other "Public Input. " "I'D LIKE TO MAKE THE MOTION THAT WE APPROVE THE REQUEST. WE HELD A PUBLIC HEARING TONIGHT AND WE RECOMMEND TO THE CITY COMMISSION RELATED TO ORDINANCE 2005-02 WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT 1136 ORANGE AVENUE FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' AND 'CONSERVATION' TO CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMANPOE: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED.