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HomeMy WebLinkAbout2005 09 12 Public Hearing Item 403 CITY COMMISSION ITEM 403 Consent Information Public Hearine X Reeular September 12, 2005 Meeting MGR. IDEPT Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2005-20, a Small Scale FLUM Amendment changing the Future Land Use Map designation of an 5.13 acre parcel, located at 820 S.R. 434, from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Commercial" & "Conservation Overlay" (on those affected areas). PURPOSE: The purpose of this request is to consider the request of Richard A. Jerman on behalf of Hope L. Shull for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for the property at 820 S.R. 434, from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Commercial" & "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 of the 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 Sprines Charter Section 4.15 Ordinances in General Winter Sprines 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: E!W August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 CHRONOLOGY: May 23,2005- Application received for Annexation and subsequent Future Land Use change and Rezoning. June 27, 2005- Adoption of Ordinance 2005-19, annexing the property. July 6, 2005- P& Z Board (LP A) heard the request and made recommendation of Approval. Aug. 22, 2005-1 st Reading of Ordinance 2005-20 Sept. 1, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) CONSIDERATIONS: Applicant - Richard A. Jerman, 1750 W. Broadway Street, Suite 118, Orlando, Florida 32765 Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765 Parcel Number- 04-21-31-300-0120-0000 Acreage - approx. 5.13 acres General Location - The site is located on the north side of SR 434, east of the Greeneway, across from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes. Legal Description - LEG SEe 04 TWP 21S RGE 31 E W 1/2 OF NE 1/4 OF NW 1/4 OF SE ~ Chronology of Subiect Property - The property was annexed into Winter Springs on June 27,2005. Existing Land Use - The property contains two small (414 SF and 1183 SF) dilapidated single family homes and several other shedslbuildings. A car repair garage was housed in one of the structures at one time and remnants of that activity including old vehicles, equipment and other junk are strewn around the site. The County Future Land Use designation is SE- Suburban Estates and Conservation. 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 ................................................................................................................................ ........................................................................................................................ ...gg!l:~~~.~!i()!l:...(.~.g)....... North Conservation (WS) Conservation (WS) South Single Family Residential R-l Single Family LDR- Low Density .....(~<:.~~y.Mi.~l~.'...~~p~y~Il) .~~~i~~!l:!i.(ll(QY.) ......................................... ~~~i~~!l:~i(l1.(QY.)mm . East Multi Family Residential C-I Neighborhood Commercial (WS) (!?(l!<:.l.~.y..~~.~~.~~T.~) .g()~~!~i(ll(~~) West Vacant A-I (SC) Suburban Estates (SC) and Conservation (SC) (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The current owner is an elderly woman who grew up on the property, inherited it, and resides there with her husband and son, until the sale the property is completed. Mr. Jerman, the Applicant has indicated that he would like to develop the property in the near future possibly as townhomes. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Commercial" and "Conservation Overlay" (on those affected areas) is appropriate and compatible with the general August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 character of the area. Other properties in Winter Springs in this area have a future land use of commercial. LetterslPhone Calls In Favor Or Opposition - Received one inquiry regarding annexation from the property owner of the vacant parcel to the west. No correspondence has been received from anyone opposing the land use change. 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 ofthe City and of the property owner. A Winter Springs "Commercial" designation most closely resembles the character of the area and maintains continuity with the adjacent properties in the City. Public Facilities - At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. 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 adjacent to a large conservation area has some environmentally sensitive lands which are distinguished by the "Conservation Overlay" designation. Consistency With The Comprehensive Plan - The proposed land use designation is consistent with the Winter Springs' Comprehensive Plan. FINDINGS: (1) The proposed amendment will not have an effect on the city's budget until such time as the property develops, because the taxable value of the property is $0, given its current homestead and "save our homes" exemptions; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (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. The back of the site is wet. The current wetlands on the site will require mitigation through the SJRWMD. Several very large oak and hickory trees are located toward the front of the property The Applicant will be required to comply with the City's Tree Protection and Preservation Code Although the existing homes on the site are very old (built in 1916 and 1938) they are also very dilapidated and have not been identified as structures of historic significance; (4) The proposed amendment is consistent with the goals, objectives, and policies of the 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 unincorporated area that is totally surrounded by Winter Springs and Oviedo. It will further enable Winter Springs to provide services in a more efficient manner; August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 (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) An Evaluation and Appraisal Report (EAR) will not be issued by the State DCA. PLANNING & ZONING BOARD / LPA RECOMMENDATION: At a regular meeting of the Planning & Zoning Board/LPA on July 6,2005, the Board/Agency recommended approval of Ordinance 2005-20, with a vote of 5-0. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing for Second Reading! Adoption of Ordinance 2005-20, a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property at 820 S.R. 434 from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Commercial" and "Conservation Overlay" (on those affected areas). ATTACHMENTS: A- Excerpt from P&Z/LPA Minutes of July 6,2005 B- Future Land Use Map, June 2005 C- Public Noticing in Orlando Sentinel D- Ordinance 2005-20 including Location Map & Legal Description CITY COMMISSION ACTION: August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT A Excerpt from P&Z/LP A Minutes of July 6, 2005 CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JULY 6, 2005 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2005-20, Adopting A Small Scale FLUM [Future Land Use Map] Amendment Changing The Future Land Use Map Designation Of A 5.13 Acre Parcel, Located At 820 S.R. (State Road) 434, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Commercial" And "Conservation Overlay" (On Those Affected Areas). Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. Ms. Sahlstrom stated, "Staff does recommend approval. We recommend that you give approval to recommending to the City Manager [Ronald W. McLemore] adoption of Ordinance 2005-20." Board Member Tom Brown said, "I would like to be excused from [Agenda] Items '400' and '401' as 1 know these people personally." Ms. Sahlstrom displayed photographs of the Site. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input" portion of this Agenda Item. "I WILL GO AHEAD AND MAKE A MOTION ON THE ITEM [ORDINANCE] 2005-20 TO BE - AS SUCH, I WENT THROUGH THE PROPERTIES AND LOOKED IT OVER AND DON'T HAVE ANY PROBLEMS WITH IT AND I THINK THE STAFF MADE A GOOD RECOMMENDATION." MOTION BY BOARD MEMBER VOSKA. CHAIRMAN POE SAID, "I HAVE A MOTION TO APPROVE [AGENDA] ITEM '400' AS PRESENTED BY STAFF." SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN : ABSTAINED BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: NAY VICE CHAIRPERSON KARR: NAY August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 CHAIRMAN POE: AYE MOTION DID NOT CARRY. Discussion. Vice Chairperson Karr said, "I do not have a problem with it being developed, Ijust have a problem with more town homes." Further discussion. "I WILL MAKE A MOTION THAT WE APPROVE [AGENDA] ITEM '400'. I MAKE A MOTION THAT WE APPROVE THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY ORDINANCE 2005-[20] ADOPTING SMALL SCALE FUTURE LAND USE MAP AMENDMENT CHANGE IN THE FUTURE LAND USE MAP DESIGNATION 5.13 ACRES LOCATED AT 820 STATE ROAD 434 FROM (SEMINOLE COUNTY) 'SUBURBAN ESTATES' TO 'CONSERVATION' TO THE (CITY OF WINTER SPRINGS) 'COMMERCIAL' AND 'CONSERVATION OVERLAY'. AND I KNOW THAT PROPERTY BACK THERE AND AS FAR AS A WETLANDS GO, I BET THERE ISN'T OVER THIRTY (30) FEET OF WETLANDS IN THE BACK. AS A MATTER OF FACT, THIS BOARD APPROVED - NEXT DOOR TO BARCLAY ESTATES AND - IT HAD A GREATER WETLAND AREA THEN THEY HAVE. MOST OF THE WETLAND WAS IN BARCLAY." MOTION BY BOARD MEMBER BROWN. DISCUSSION. CHAIRMAN POE STATED, "I HAVE A MOTION ON THE FLOOR TO APPROVE [AGENDA] ITEM '400' AS PRESENTED BY STAFF. DO I HAVE A SECOND?" SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE CHAIRMAN POE: AYE BOARD MEMBER VOSKA: AYE BOARD MEMBER TILLIS: AYE BOARD MEMBER BROWN : AYE MOTION CARRIED. Discussion. August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT B FUTURE LAND USE MAP. JUNE 2005 S.R. 434 OVIEDO L.AND USE (;l..ASSIF:CATiON LE/;END . .',..,. 'O'.to- .,..J,I..". " August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT C Public Noticing in Orlando Sentinel ~f, Uffl\!MP' K~'" I. NOTICE OF CHANGES TO mE COMPREHENSIViE PLAN AND ZONiI1NG MAP CITY OF WINTER SPRINGS ~ $ t ~~Nn._1I Map 'A' WlNnIt IWIUNGI "Jill.&: ImAIUSGS FOR~ ItAOOi'llON MU.. mlU> ON MO_\'.~" U._AT_I"M, 011 !lO(t... T~ IN Tltl: (:oMMJ.'IOOl'i C~ I.GCUltD AT nm WlNTQl_GS CITY IiAU, 11241 lAST S'tA'flll&D 4J4 WtNlU IIlnuNGll, tWIlltM August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT D Ordinance 2005-20, Map & Legal Description ORDINANCE NO. 2005-20 AN ORDINANCE OF THE CITY COl\1l\IISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHAJ.~GING THE FUTURE LAND USE IVIAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 5.13 ACRES MORE OR LESS Al'''D LOCATED AT 820 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND lVIORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "COl\JTh'IERCIAL" AND "CONSERVATION OVERLAY" (ON THOSE A.F}i"ECTED AREAS); PROVIDING FOR 'rUE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMl>lillHENSIVE PLAN, AND AN EFFECTIVE DATE. '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 July 6, 2005, in accordance with the procedures in Chapter 163, Part II, 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 Ci ty Commission; and \VHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citi.zens, and aU interested parties submitting written and oral comments and supporting 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, safety, and welfare ofthe citizens of\Vinter Springs. NOW, THEREFORE, THE CITY COMIVnSSION OF THE CITY OF "TINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No, 2005.20 Page 1 of 3 August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 Sectio.n.!. Rec.itals. The foregoing recitals are true andcoltect and are fully incorporated he.rein by this reference. Section 2. Autborlty. This Ordinance is adopted in compliance with, and pursuant to, the Local Crovem.ment Comprehensive Planning and L.9ud Development Regulations Act Section 3, Po rpose aa.d Inteat. It is hereby dec lared to. be the purpose and intent of this Ordinance to darity, expand, correct, update, mo.dify' and o.therwise furth.er the provisions of the City of'i,Vinter Spdngs' Comprehensive Plan. Section 4. Adoption ofAmendmellt to the Fulo re ~Land Use l\fap. The City of WInter Springs' Cornprehensive Plan, Future Land Use Map,. is hereby anlended by designating the real propt.'rty depicted an Exhibit "A" from Seminole County "Suburban Estates"to City of Winter Springs "ConuncrciaLn Exhibit "A" is attar.he.d hereto. and funy incorpo.rated l1(.~.rcin by this reference. Section 5. Transmittal to tbe Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive P]an Amendment to. tho Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J.U, Florida Administrative Code. Section 6. Repeal of Prior Incon.sistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewitb~ are hereby repealed to the extent of the conflict Sectiou 1. Severability.. If any section, subsection, sentence, clause, phrase" word or proyision of this Ordinance is fo.r any reason held invalid or unconstitutional by any court o.f competent juri.sdiction~whether for substauHve, procedural, or allY other reason, such portio.n shall be deemed a sep.arate., distinct and independent provision, and such ho.lding shan not affe.ct the validity of the remaining portions of this Ordinance.. Secti.ou 6. Incorporation into Comprehensive .Plan. Upon the e.ffective date of the Comprebensive Plan ..Aunendment 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. SecdoD 2\ Effective Date and Legal Status .of the Plan Amendment. The effective date .of this Ordinance shall take efIect thirty"one (31) days after adaption, in accardance with Section 163.3187(3)(c), unless challengod within thirty (30) days after adoption oftms Ordinance, t.hen this Ordinance shallbecolne effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order detennining the adopted small scale Comprehensive Plan Amendment is in compliance. No develollment .orders, development permits, City of 'Wint~ Springp Qfdinrmce No. 2005-20 Page 2 of :3 August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 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, tbe Comprehensive Plan Amendment set forth herem 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 runended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2005. ,John F. Bush, Mayor A TrEST: "'''''l''<<.','',,"'"H"'''' Andrea Lorenzo-Luac.es, City Clerk Approved as to legal form and sufticiency for the City of 'Winter Springs only: AntboD)' A. Garganese, City Attorney First Reading: Second Reading: Effect! ve Date: uty of Winter Springs Ordinance No. 200.5.2.0 Pagel of::' August 22, 2005 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT D Map & Legal Description LOCATION MAP WINTER SPRINGS S R 434 OVIEDO LEGAL DESCRIPTION: LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE ~ METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract No.3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW ~ of the NW ~ of the SE ~ of Section 4, Township 21 South, Range 31 East, said point being on the North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida.