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HomeMy WebLinkAbout2003 06 09 Public Hearings E First Reading - Ordinance 2003-10 Small Scale FLUM Amendment COMMISSION AGENDA June 9. 2003 Meeting Consent Information Public Hearine X Reeular ITEM E MGR. f\--- /Dept. Iff , REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for First Reading of Ordinance 2003-10 to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of two 4.55 acre parcels, located on Orange Avenue, immediately north of the high school, from "Rural-3" (Seminole County) to "Town Center" (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 ofthe 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 9, 2003 PUBLIC HEARING AGENDA ITEM E 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 residentialland 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 a 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. Authority. 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 07,2003- Planning & Zoning Board (LPA) heard the request and recommended Approval. May 19, 2003- Adjacent property owners within 150' Notified by Certified Mail May 21, 2003- Property posted with signage Noticing Upcoming Meetings May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading June 9, 2003 PUBLIC HEARING AGENDA ITEM E June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting. CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner- Chanh Q. & Ngan M. Nguyen Parcel Numbers - 26-20-30-5AR-OBOO-0150 & 26-20-30-5AR-OBOO-015A Acreage - 4.55 Acres for each parcel General Location - The site is located between Orange A venue and the Winter Springs High School. Legal Descriptions - West Parcel- WEST Yz OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. East Parcel- EAST Yz OF LOT 15 BLOCK B", DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. Chronology ofSubiect Property - The subject property was annexed into the City on November 25,2002 by Ordinance 2002-26. A Development Agreement related to on-site repairs to a borrow pit, received approval from the City Commission on March 24, 2003. Existing Land Use - The property is currently vacant. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLU~1 I Subject Site Vacant A-I (SC) RURAL- 3 (SC) ._~_____'M____'___'''''''_____'___'___'~__ --...----.....--...------.-...,-.---..........--......... "_i~~-.:."L!?.!:LP..~!_~"""~~e..~L"_ North Vacant & A-I (SC) RURAL- 3 (SC) ~-_._- "_~!!!g~!:~_~JL~esi~~_I.1!~L -...--------.-...".----.---....-----.- J!!1~x...:..LQ.!LP..er ~"~_qes L_ South Public High School Town Ctr District (WS) Town Ctr District (WS) ---- ,._________.____..._____.M.____._ __...___._______.__.____..H._.H........_._..." "'..--.'''.--...-....---....--.----..........---...................--...... East Single Family Residential A-I (SC) RURAL- 3 (SC) ...---------- _M..._._____._.__.____ _(~x.:.-L DU J'.er 3 Acres) West Public Park Town Ctr District (WS) Town Ctr District (WS) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Development Trends - The subject site is vacant. No development changes have been proposed, other than approval of the repairs to the borrow pit. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Rural-3" to Winter Springs "Town Center District" is appropriate and compatible with the general character of the area. The site is located adjacent to the current Town Center District boundary. Letters/Phone Calls In Favor Or Opposition - None as of May 30, 2003. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: June 9, 2003 PUBLIC HEARING AGENDA ITEM E 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 each parcel, as well as evaluating the current land use and the future goals and objectives of the 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 of the existing land uses. Public Facilities - The site is undeveloped. At this time, no 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 ofthe 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 the request to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of the Nguyen property located on Orange Avenue immediately north of the high school from "Rural-3" (Seminole County) to "Town Center" (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 First Reading of Ordinance 2003-10 to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of the subject property, located on Orange Avenue immediately north of the high school, from "Rural-3" (Seminole County) to "Town Center" (City of Winter Springs). June 9, 2003 PUBLIC HEARING AGENDA ITEM E IMPLEMENTATION SCHEDULE: June 09, 2003- 151 Reading of Ordinance 2003-10 June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-10 ATTACHMENTS: A. Planning & Zoning Board Minutes from May 7, 2003 B. Ordinance 2003-10 including Map & Legal Description COMMISSION ACTION: June 9, 2003 PUBLIC HEARlNG AGENDA ITEM E ATTACHMENT "A" Plannin2 & Zonin2 Board Minutes from Mav 7~ 2003 (Minutes from June 4, 2003 will be provided as a supplement when available) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - MAY 7. 2003 PAGE 4 OF 9 ~ 5;;, tiJ K' ~ =: g VOTE: .CHAIRMANBROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Next, Ms. Sahlstrom presented her comments on the ''Nguyen'' Property and recommended that the property be changed from "Rural 3" Seminole County to "Town Center District" Future Land Use and recommended rezoning from "A-I" Seminole County to "Town Center District." . Discussion. , Tape 21Side a Mr. H. Martin Neiswander, 1156 Orange Avenue, Winter Springs, Florida: addressed his location in Seminole County and questioned how his land would be Zoned were he to Annex into the City. Discussion. "I'LL MAKE A MOTION THAT THE NGUYEN PARCELS, ALL 100% OF LOT 15, - THAT THE CITY COMMISSION CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM 'RURAL 3' SEMINOLE COUNTY - TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT THAT IT MEETS OUR GOALS, OBJECTIVES AND POLICIES IN THE COMP PLAN [COMPREHENSIVE PLAN], THAT IT IS IN CONFORMANCE WITH THE. PURPOSE AND INTENT OF THE CITY CODE, AND APPLICABLE REQUIREMENTS AND THAT BASED ON ITS LOCATION AND ITS USE AND THE GENERAL CHARACTER OF THE SURROUNDING LANDS THAT IT IS NOT NECESSARILY INCOMPATIBLE WITH SUCH LAND USES WHICH INCLUDES THE HEIGHT. BULK. SCALE. INTENSITY. TRAFFIC. NOISE, DUST, DRAINAGE, LIGHTING, APPEARANCE AND OTHER FACTORS THAT PEOPLE DO DEEM IMPORTANT. BASED ON THOSE FINDINGS 'I MAKE THE RECOMMENDATION TO CHANGE IT TO THE TOWN CENTER DISTRICT." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHMRMANBROWN:AYE BOARD MEMBER FERNANDEZ: AYE BOARDMEMBERKARR: AYE MOTION CARRIED J>>~ y,3 O~'~ CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY . REGULAR MEETING - MAY 7,2003 PAGE 5 OF 9 "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY CHANGE THE ZONING ON SITE TWO (2) THAT IS'100% OF LOT 15 BOTH THE EAST AND THE WEST PARCELS, TWO PARCELS. IT IS CURRENTLY AS PJ,ffiVIOUSLY STATED 'A-I' IN SEMINOLE COUNTY AND WE WANT TO BRING IT INTO THE CITY UNDER THE ZONING OF 'TOWN CENTER' AGAIN BASED ON THE FINDINGS PREVIOUSLY STATED." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER FERNANDEZ: AYE BOARDMEMBERKARR: AYE CHAIRMAN BROWN: AYE MOTION CARRIED. Board Member Bill Fernandez suggested, "It would be nice if these maps were in color." Ms. Sahlstrom responded, "I'll do that next time." Ms. Sahlstrom presented Staffs recommendation for the "Roberts" Property to be changed from "Rural 3" Seminole County to "Town Center District" and the rezoning from "A-I" Seminole County to "Town Center District." "I'LL MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY CHANGE THE FLUM [FUTURE LAND USE MAP] DESIGNATION FROM 'R-3' IN SEMINOLE COUNTY TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT THAT I HAVE PREVIOUSLY RECITED - ROMAN NUMERIAL III ON PAGE 7." MOTION BY BOARD MEMBER FERNANDEZ. MOTION DIED FOR LACK OF A SECOND. Commissioner David W McLeod arrived at 8:51 p.m. ~ e;; .~ ~ a "I MAKE A MOTION WE RECOMMEND TO THE CITY COMMISSION THAT WE CHANGE THE FUTURE LAND USE MAP DESIGNATION OF THE ROBERTS PARCEL, 4.88 ACRES, FROM. 'RURAL 3' TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT AS PREVIOUSL YFOUND. IT MEETS THE COMPREHENSIVE PLAN. IT MEETS THE CITY CODE AND ORDINANCES; IT IS NOT INCOMPATIBLE BASED. ON THE SURROUNDING USES." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. ~/~ )Q'>J o June 9, 2003 PUBLIC HEARING AGENDA ITEM E ATTACHMENT "B" ORDINANCE NO. 2003-10 ORDINANCE NO. 2003-10 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 OF 4.55 ACRES EACH. MORE OR LESS AND LOCATED ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHmIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "TOWN CENTER"; 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. 2003-10 Page 1 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 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" from Seminole County "Rural-3" to City of Winter Springs "Town Center." 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-l ], Florida Administrative Code. City of Winter Springs Ordinance No. 2003-10 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 ofthis 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. 2003-10 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\Ordinances\Small Scale FLUM2003-10.wpd City of Winter Springs Ordinance No. 2003-10 Page 4 of 4 June 9, 2003 PUBLIC HEARING AGENDA ITEM E EXHIBIT "A" MAP N ~ fE s LEGAL DESCRIPTIONS West Parcel- WEST 12 OF LOT 15 BLOCK B, DR MITCH ELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5. East Parcel- EAST 12 OF LOT 15 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 1 PG 5.