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Home My WebLink About2003 06 23 Public Hearings B Second Reading - Ordinance 2003-14 Small Scale FLUM Amendment COMMISSION AGENDA June 23. 2003 Meeting Consent Information Public Hearinl! X Ree:ular ITEM B MGR. (V'-' /Dept. j/Y REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for 2nd Reading/Adoption of Ordinance 2003-14 to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of two parcels equaling 2.22 acres, located at 835 and 895 West SR 434, from "Commercial" (Seminole County) to "Commercial" (City of Winter Springs). PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for a parcel within the City which was previously annexed into the City from Seminole County, but subsequent action was never taken to change the Future Land Use Map designation. The City is initiating the change as the applicant. The property owners have been notified by certified mail so that they are aware of the process and so that their input can be heard. 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. (c) 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: @ June 23, 2003 PUBLIC HEARING AGENDA ITEM B 1. The proposed amendment involves a use of 10 acres or fewer and: a. The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed: (I) A maximum of 120 acres. . . b. The proposed amendment does not involve the same property granted a change within the prior 12 months. ' c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern. . . f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. . . . 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for such plan amendments if the local government complies with the provisions in.. .s. 166.041(3)(c) for a municipality. If a request for a plan amendment under this paragraph is initiated by other than the local government, public notice is required. b. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy... Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. (3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for ~ parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance. . . Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authorit;y. purpose and intent: Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Apr. 28, 2003-Property Owner Notified of Administrative Action May 01,2003- Property posted with signage noticing upcoming meetings May 07, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval. May 19, 2003- Adjacent property owners within 150' Notified by Certified Mail May 25, 2003- Public Noticing in Orlando Sentinel ofLP A Public Hearing June 23, 2003 PUBLIC HEARING AGENDA ITEM B May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1 sl Reading June 04, 2003- Planning & Zoning Board (LP A) ratified their actions from May 7, 2003 meeting. June 09, 2003- I sl Reading of Ordinance 2003-14 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Ned A. & Thelma M. Voska Parcel Numbers - 04-21-30-511-0BOO-0010 & 04-21-30-511-0BOO-0040 Acreage - 1.18 & 1.04 Acres General Location - The site is located at 835 & 895 WEST SR 434, which is the corner of Belle Avenue and S.R. 434. ,) Legal Description - West Parcel- LOTS I, 2, & 3 (LESS RD) BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8 East Parcel- LOTS 4, 5, & 6 BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8 Chronology ofSubiect Property - The subject property was annexed into the City on June 10, 1991 by Ordinance 502 and 503. Existing Land Use - The property is currently used for Commercial use. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Commercial C-2 (SC) Commercial (SC) __.___ ._.__~_~____._______M'M_'M~'~_ __.__._.___._..__.____.__..R..____............__.__... ........._________...__.__._____....__.__....____............ North Commercial C-l (WS) Commercial (WS) South Commercial I Industrial C-2 (WS) Industrial (WS) East Public School R-lA (WS) C-l (WS) Publici Semi-Public (WS) West Commercial I Industrial Industrial (WS) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Development Trends - The subject site is already developed as commercial property with the following uses: car repair, beauty salon, restaurant (previously a meat market), sub shop, & batting cages. Recently, the restaurant tenant requested a permit to open. Even though the property still was under the County's zoning classification, the applicant was required to meet conditions of the S.R. 434 Overlay District prior to receiving the occupancy permit. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Commercial" to Winter Springs "Commercial" is appropriate and compatible with the general character of the area. Letters/Phone Calls In Favor Or Opposition - None as of May 30, 2003. June 23, 2003 PUBLIC HEARING AGENDA ITEM B 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 immediate area around the subject property, as well as evaluating the current land use and the future goals and objectives ofthe City. The future land use maps should be amended for these parcels to reflect Winter Springs' Future Land Use designations. The requested FLUM designation allows for the continuation ofthe existing land uses. Public Facilities - The site is already developed. At this time, ~o changes are being proposed to the existing development. Therefore, the proposed future land use designation 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 in 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 - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not included on the City's Future Land Use Map, because the parcels were annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of uses involved and the general character of the area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. PLANNING & ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting of May 7,2003, and June 4, 2003, the City of Winter Springs Planning & Zoning Board (LP A) heard a request to adopt the Small Scale FLUM Amendment by changing the Future Land Use Map designation of the Voska property located at 835 and 895 West SR 434, from "Commercial" (County) to "Commercial" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for Second Reading/Adoption of Ordinance 2003-14 to change the Future Land Use Map designation on the subject property at 835 June 23, 2003 PUBLIC HEARING AGENDA ITEM B and 895 West SR 434, from "Commercial" (Seminole County) to "Commercial" (City of Winter Springs). IMPLEMENT A TION SCHEDULE: June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-14 ATTACHMENTS: A. Ordinance 2003-14 including Map & Legal Description COMMISSION ACTION: June 23, 2003 PUBLIC HEARING AGENDA ITEM B ATTACHMENT "A" ORDINANCE NO. 2003-14 ORDINANCE NO. 2003-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS TOTALING 2.22 ACRES MORE OR LESS AND LOCATED AT 835 AND 895 WEST STATE ROAD 434, WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "COMMERCIAL" TO CITY OF WINTER SPRINGS "COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR 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 May 7,2003 and June 4,2003, 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 City of Winter Springs Ordinance No. 2003-] 4 Page I of 4 analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and 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 COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1, Recitals, The foregeing 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 ofthe 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" from Seminole County "Commercial" 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 163.3l87(1)(c)( 4), Florida Statutes, and Section 9J-ll, Florida Administrative Code, City of Winter Springs Ordinance No, 2003-]4 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 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 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, 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 City of Winter Springs Ordinance No. 2003-14 Page 3 of 4 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 ,2003, John F. Bush, Mayor ATTEST: 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: F:\Docs\City of Winter Springs\OrdinanceslSmaIl Scale FLUM2003-14.wpd City of Winter Springs Ordinance No. 2003-14 Page 4 of 4 June 23, 2003 PUBLIC HEARING AGENDA ITEM B EXHIBIT "A" GOLF COURSE WINTER SPRINGS ELEMENTARY SCHOOL ' N' W+E S LEGAL DESCRIPTION West Parcel- LOTS 1,2, & 3 (LESS RD) BLOCK B, JOHNSONS POULTRY FARMS, PB 6 PG 8 East Parcel- LOTS 4, 5, & 6 BLOCKB, JOHNSONS POULTRY FARMS, PB 6 PG 8