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HomeMy WebLinkAbout2002 07 08 Public Hearings B Second Reading - Ordiance 2002-01 FLUM COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular ~ July 8, 2002 Meeting Mgr. / Attor / Authorization REQUEST: The Community Development Department requests the City Commission conduct a public hearing for the second reading of Ordinance 2002-01 that would assign a Future Land Use Map (PLUM) designation of (City of Winter Springs) "Commercial" to the properties totaling 7.561 acres, located north and south of Nursery Road and adjacent to U.S. Highway 17/92. PURPOSE: The purpose of this Agenda Item is to request the Commission hold a public hearing for second reading of Ordinance 2002-01 to assign a City of Winter Springs FLUM designation of "Commercial" to the subject properties. APPLICABLE LAW AND PUBLIC POLICY: Applicable law includes Chapter 163.3187 of the Florida Statutes, which states "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. A small scale development amendment may be adopted only under the following conditions.... The proposed amendment involves a use of 10 acres or fewer and the cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed 60 total acres annually. " COD/June 27, 200219:11 AM July 8, 2002 PUBLIC HEARING AGENDA ITEM B Page 2 CONSIDERATIONS: . The subject properties were annexed into the City on January 22,2001 and never assigned City FLUM designations. . The applicant intends to later develop the properties for commercial use. . As shown below, the FLUM designations of surrounding properties are a combination of residential and commercial uses. FUTURE LAND USE MAP DESIGNATIONS: SOUTH: EAST: (Seminole County) "Low Density Residential" (Maximum 4 dwelling units per acre) and (Seminole County) Commercial (Seminole County) "Commercial" (Seminole County) "Low Density Residential" (Maximum 4 dwelling units per acre) and (Winter Springs) "Urban Density Residential" (12.1 to 21 dwelling units per acre) (City of Longwood) "Commercial" NORTH: WEST: . This application is consistent with the Comprehensive Plan's characterization of the areas along U.S. Highway 17/92 as commercial, with mostly automotive services, warehousing, storage yards and other commercial uses occurring along the corridor. . The comprehensive plan further describes U.S. Highway 17/92 as an urban arterial intended to serve moderate to large traffic volumes consistent with intense commercial development. . While the proposed FLUM designation is consistent with adjacent properties along U.S. Highway 17/92, an effective screening method and/or masonry wall would protect adjacent single-family and multi-family neighborhoods from the potential negative impacts of commercial development should it occur on the subject properties. FINDINGS: 1. The proposed FLUM amendment of "Commercial" would be compatible with the intense commercial character of adjacent development along the U.S. Highway 17/92 corridor and consistent with the adopted Comprehensive Plan. 2. The proposed FLUM amendment of "Commercial" would not negatively impact adjacent properties along U.S. Highway 17/92, since those properties are already developed for commercial and light industrial use. 3. The residential character of adjacent single-family and multi-family neighborhoods to the north and east of the subject properties would be protected from the potential negative impacts of the proposed amendment through conditions stated in the proposed development agreement. COD/June 27, 2002/9:11 AM July 8, 2002 PUBLIC HEARING AGENDA ITEM B Page 3 4. At the expense of the developer, the City would extend sewer, water and other utilities to the subject properties when future development occurs. FISCAL IMPACT: None. PLANNING AND ZONING BOARD RECOMMENDATION: On March 7, 2001, the following motion was made by Vice Chairman Fernandez: "BASED UPON THE TESTIMONY RENDERED HERE THIS EVENING, THE STAFF'S FINDINGS AS OUTLINED IN ROMAN NUMERAL FOUR (IV), ONE (1) THROUGH FIVE (5) ON PAGE NINE (9) OF TEN (10) OF THE REPORT SUBMITTED TO US, AND FURTHER BASED UPON THE APPLICANT'S VERBAL AGREEMENT TO PUT COVENANTS, CONDITIONS, OR RESTRICTIONS ON THE PROPERTY THAT IT NOT BE USED AS AN ADULT ENTERTAINMENT ESTABLISHMENT. BASED ON THAT I WILL RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE MR. REECE'S REQUEST FOR A CHANGE OF COUNTY FUTURE LAND USE DESIGNATION OF 'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY RESIDENTIAL' TO THE CITY'S FLUM (FUTURE LAND USE MAP) DESIGNATION OF 'INDUSTRIAL' ON THAT 6.5 ACRE P ARCEL LOCATED IN AND AROUND THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY ROAD, SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING CERTAIN DEED RESTRICTIONS AS TO THE PROHffiITION TO ADULT ENTERTAINMENT ON IT." The motion was seconded by board member Gregory, followed by discussion. VOTE: BOARD MEMBER GREGORY: AYE VICE CHAIRMAN FERNANDEZ: AYE CHAIRPERSON KARR: AYE MOTION CARRIED. COD/June 27, 200219: II AM July 8,2002 PUBLIC HEARING AGENDA ITEM B Page 4 STAFF RECOMMENDATION: Staff recommends that the City Commission conduct a public hearing for the second reading of Ordinance 2002-01 to change the FLUM designation of the subject properties from (Seminole County) "Low Density Residential" and "Commercial" to (City of Winter Springs) "Commercial". ATTACHMENTS: A. Ordinance 2002-01 B. Map depicting location of subject properties COMMISSION ACTION: · The first reading of Ordinance 2002-01 was deferred by the City Commission on February 11, 2002, February 25,2002 and again on March 11,2002. . On June 24,2002, the City Commission approved first reading of Ordinance 2002-01. COD/June 27, 2002/9:11 AM ATTACHMENT A ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCA TED ON NURSERY ROAD EAST OF U.S. HIGHW A Y 17 /92, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRIAL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER SPRINGS) "COMMERCIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS 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 March 7,2001, 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 City Commission; and WHEREAS, 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, citizens, and all 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 City of Winter Springs Ordinance No. 2002-01 Page 1 of 4 WHEREAS, 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 of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS, AS FOLLOWS: 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 Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendmentto the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit 1 as Seminole County "Commercial, Industrial and Low-Density Residential" to City of Winter Springs "Commercial". Exhibit 1 is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. 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(1 )(c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2002-0] Page 2 of 4 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 of the 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 portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Agreement 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 Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(3)( c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time 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 permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. In addition, the effective date of this ordinance is contingent upon the recording of the Binding Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject City of Winter Springs Ordinance No. 2002-0 I Page 3 of 4 property, dated July 8, 2002. 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 of ,2002. ATTEST: PaulP. Partyka, 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. 2002-0] Page 4 of 4 ATTACHMENT B " I I ~ I ~ Ii- ;J; =1> I I I I I I II ORDINANCE NO. 2002-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY GENERALLY LOCATED ON NURSERY ROAD EAST OF U.S. HIGHWAY 17 192, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, AND REFERRED TO AS THE NURSERY ROAD PROPERTY, FROM (SEMINOLE COUNTY) "COMMERCIAL, INDUSTRIAL AND LOW-DENSITY RESIDENTIAL" TO (CITY OF WINTER SPRINGS) "COMMERCIAL"; PROVIDING FOR SEVERABILITY; CONFLICTS 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 March 7, 2001, 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 City Commission; and WHEREAS, 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, citizens, and all 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 City of Winter Springs Ordinance No. 2002-0 I Page I of 4 WHEREAS, 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 of the citizens of Winter Springs. NOW, THEREFORE, THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS, AS FOLLOWS: 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 Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" as Seminole County "Commercial, Industrial and Low-Density Residential" to City of Winter Springs "Commercial". Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Affairs. 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(1)( c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code. City of Winter Springs Ordinance No. 2002-0 I Page 2 of 4 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 of the 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 portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Agreement 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 ofthe Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3187(3)( c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time 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 permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. In addition, the effective date of this ordinance is contingent upon the recording of the Binding Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject City of Winter Springs Ordinance No. 2002-01 Page 3 of 4 property, dated July 8, 2002. 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 8th day of Jul Approved as to legal form and sufficiency for the City of Winter Springs only ~ Anthony A. Garganese, City Attorney First Reading: June 24, 2002 Second Reading: July 8, 2002 Effective Date: See Section 9 City of Winter Springs Ordinance No. 2002-01 Page 4 of 4 EXHIBIT "A" Legal Descri ption ~ LEGAL DESCRIPTION LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19. ENTZINGER FARMS ADDITION NO" 3 AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY 235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. PARCEL ~~: THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3. RECORDEG IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE. COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED"AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84'09'38"E. 500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FOR A POINT OF BEGINNING; THENCE SOS'SO'30'w. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID LOT 19. THENCE N8S'30'33uE. 31.91 FEET: THENCE NOS'S6'57"W. 153.63 FEET TO THE POINT OF BEGINNING. PARCEL ~3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170 FEET OF LOT 19, ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA. ,/ LOTS 1 ~ 12, BLOCK D. TALMO SUBDIVISION. PLAT BOOK 9. PAGE 10'-- JRN-31-2002 15:07 P.21 .' . '... , Map _of Subject Properties ~' I ) rrn -.....----1 'r TOTRL P.21 ." '1) ) , I J ~ [I __~_'--U)~-' (" . . .. / / ).. ( '-_-----. ) I,' IV I 1\' . . , I t I? i G"LOfUOt\. AVe. S/'IUrvcs o """"",,'j"" o l \ . 0 : , --I I . ::' -~ .=" I . ~~ r- f I I. Q o ~? ) _ 0 -< -_....-- .. ;, I . 0 l"4 (' 0\ , . 0 ............ ~ . k r--- r--( 1 .0 I ;>-. .r, / ~ I A . ( I ,. I A .0 . , , I U) I 4 . ( ~ ~ Q o o 3: .0 2: o >-.:) C:r:.. o >-. (-.. >-..., CJ .0000 .l (I 1 ),"." j j 'I Q. . I I 0 I --'- --- l' (\J . S 1"....~0_ ~-: ."." s"'{. ~ . ~~. ~ ~~ o~ "'.', ,. . ---~ \. I --' ~ . o . .1 j) . . 0 - _ ))) 0 )~:~ I I I . -- t r v:' . --' - -" . -:~~~ r ' . - , ;?,,~~')w\';J1 II" . ".'.Ii :.' '1 ~?rf0~!rl:~;!""'-T-' -I'f. ('I"":'i~~',("l-:~';/) : .. . 1\ ,;..J \ ,(' C;. I I . ( : j I:" .'t . 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