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HomeMy WebLinkAbout2004 03 08 Public Hearings 401 COMMISSION AGENDA March 8, 2004 Meeting Consent Information Public Hearine X Reeular ITEM 401 Mgr. (l/; Dept. fr Authorizati on REQUEST: The Community Development Department - Planning Division requests the Commission hold a Public Hearing for First Reading of Ordinance 2004-13, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 3.7 acre parcel, located at 1112 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 of Luis R & Maria Esteves for a Small Scale FLUM Amendment, which changes the Future Land Use Map designation for their property at 1112 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 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 Sprin2:s Article HI. 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 @) March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 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: Jan. 16,2004- Application Received Feb. 9,2004- 2nd Reading of Ordinance 2004-09, Annexing the parcel into the City Feb. 8,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing Feb. 19,2004- P& Z Board (LPA) heard the request and made recommendation for Approval CONSIDERATIONS: Applicant - Luis R. & Maria F. Esteves; 1121 Arbor Glen Circle; Winter Springs, Florida 32708 Owner - Luis R. & Maria F. Esteves Parcel Number - 26-2-30-5AR-OBOO-007 A Acreage - approx. 3.7 acres General Location - The site is located at 1112 Orange Avenue, immediately north of Central Winds Park. Legal Description - East 1/2 of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on February 9, 2004, by Ordinance 2004-09. Existing Land Use - The site has a rented one-story single family residence. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Exis~ing Land Uses Zoning FLUM I Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and . ._,g!?!!~.~~y-~.ti.<?!!i~~l..____.____....._ North Lake Jesup r-------.-------....-----.-.-..---.-.--........-.--.--...-.......--.-......-.......-..............--..-...---..-.-.-.-....-.--.----........-.....-------.....-.-.............-........-.--.---......-.-.........-.-.-....-.. South Recreation (Central Winds Town Center (WS) Town Center (WS) P_'!E~2.___..__.__....___..__..____......._... _...__...___.._____.__._._.____._____..___ _..._...__._____.___..._.__________._..._...._____._. Single Family Residential Town Center (WS) Town Center (WS) ~__.____._.._.._._._......____.___N__._........._..__....___ .____.___.__,~__,__.___.___.._._..___.___.____ ...__..._________..___..______..___..._.___._.___,...__ Single Family Residential A-I Agricultural (SC) Suburban Estates (SC) East West (WS) Winter Springs; (SC) Seminole County Development Trends - The site currently has a frame barn and a one-story 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 March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 character of the area. The 3.7 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. 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 ofthe 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 ofthe 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: 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 current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important, beyond those existing currently. P&Z/LOCAL PLANNING AGENCY RECOMMENDATION: At a special meeting of the City of Winter Springs Planning & Zoning Board (LPA) held on February 19, 2004, the Board heard the request for a Small Scale FLUM Amendment changing the Future Land Use Map designation. The Board voted unanimously to recommend Approval to the City Commission. March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2004-13, a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property at 1112 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: Mar. 8, 2004- 1 st Reading of Ordinance 2004-13 Mar. 11, 2004-Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption Mar. 22, 2004_2nd Reading of Ordinance 2004-13 ATTACHMENTS: A. Planning & Zoning Board/Local Planning Agency Draft Minutes from Feb. 19,2003 B. Ordinance 2004-13 including Map & Legal Description COMMISSION ACTION: March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT A Excerpts from the Draft P&Z/LP A Minutes CITY OF WlNTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARDILOCAL PLANNlNG AGENCY SPHCIAL MEETING THURSDAY, FEBRUARY 19.2004 ~v ('\. . l/\ V I. CALL TO ORDER The Planning and .Zoning Board/Local Plmming Aget'lcy Special Meeting of Th~da.y) February 19, 2004 was called to order at 7:00 p-tn. by Chairperson Joanne Krebs in the Comt1'riwon Cham~ of th~ Municipal Building (City Hall. 1126 East S~te Road 434, Winter SpringS:. Florida 32708). ROLL CALL: Chairperson Joanne Krebs. present Vice Chairperson ~sanne Kart, present Boud Member Tom Bro~ prese.m Bow Member William Pee, Pfe$ODt Board Member Ned Vo~ premc:nt Chairpmon Joanne Krebs led the Pledge of Allegiance. In. PUBLIC BEARINGS AGENDA I'tJIlLIC 8.EA.lUNGS A. CQmmu~ity Developmeut Departmeut - PluniDZ DMdOD Reques1S The PluDing ADd ZOalb& BoardlL()(aI P1mJliDg Agency Hold A Public Heartng for Ordinance %00+1.3 Adoptiua A Small &;ale PLUM Amelldment Chtblai...e Tbe Fu.mre L..a.d Use Map DeslgoatioD Of AD 3.7 Aere Pal"Cfll, LoeQtM At 1112 Orup AVfJlue, From (Seminole COUftty) "Suburbaa Eltate"" ADd "Coaservadou" Tp (L"1ty or WfIltm' Sp~ss) "l'oWll CenteT" .Alld "Conservation QverJayn (OD Those Affected Area). Chairperson KrtJha op4ned tile "Public Inpw" portion o/this Agenda Item. No one spoke. ChairpfJnon Krebs closed zhlf "Public I"put" portion of this Agenda Item. Ms. Sahlstrom introduced the Agenda Item. March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT A Excerpts from the Draft P&Z/LP A Minutes errv or 'MNTER SPRTNO!li DRAFT UN^PPROYBD MINUTES tt.ANNJNG AND ZOSa,'1C BOARDJLQCAL PUNNING AGENet' SPSCIAL Meat1'NG - FEBRUARY 19,2004 PAC'.i111 OF -4 "I WOULD UK! TO MAKE A MOTlON THAT 'VE RECOMMEND TO tHE (CITY) CO:MMISSION - THE PLANNING AND ZONING BOARD[ILAND PLANNING AGENCY] THAT THEY HOLD A PUBLIC HEARlNC AND MAKE THE RECOMMENDATION TO THEM ON OJU>INANCE 2004--13 WHICH ADOPTS TIlE SMALL SCALE COMPREH~NSIVE PLAN AMENDMENT AND CHANGES THE ~ LAND VSE MAP [FLUM] DESIGNATlON ON TIlE SUBJECT PROPERTY AT 1112 ORANGE AVENUE FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' AND "CONSERVATION" TO CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLA V' ON THESE AFFECTEl) AREAS WHICH ARE snow IN OUR D.AGRAM~ WHICH IS ATTA~D [ArrACllMENl' 'A'). ALL TinS IS BASED ON THE FINDINGS THAT ARE SUBMITTED TO US \\lTH THE crrv!'S COMPREHENSIVE PLAN THE 'fUREE (3) FINDINGS THAT ARE LISTED IN OUR REPORT. REQUEST ]S CONSISTENT WITH OUR APPLICABLlE GOALS, OBJECTIVES, ANt) POLlCIES OF THE CITY ADOPTED PLAN, THE REQUEST IS IN CONFORMANCE WITH TH,'. PURPOSE AND INTENT OP THE CITY CODE WITH ALl. APPLICABLE REQUIREMENTS. CONSIDERING THE TYPE AND LOCATION OF T~ CURRENT USES INVOL YED AND mE GE:Nl:RAL CHARACTER OF THE AREA. THE IlEQUEST DOES NOT RESULT IN CREATING INCOMPATIBLE L~n USES INCLUDING SUCH FActORS AS HEIGHT, BULK., SCALI., INTENSITY, TRAFFIC, NOISE, DRAINAGE, DUST, LIGHTING, APPEARANCE, AND OTHER FACTORS DEEMED IMPORTANT, BEYOND T80SE EXISTING ct.JRRENTLY." MOnON lJY BOARD MEMUER BROWN. SECONDED BY BOARD MEMBER rOE. DISCUSSION. VOTE~ BOARDMEMBER.BROWN: AYE VICE ClIAlRPEItSON KAR~ AYE CHAIRPERSON KREBS: AYE BOARDMEMBERPOE: AYE BOARD MEM)JU. VOSKA; AYE ~Ql1.Qri, CARlUE1L qiJ March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY CO!VIMISSION OF THE CITY OJ' WINTER SI>RINGS,Fl,ORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 3.3 ACRES MORE OR LESS AND LOCATED AT 1112 ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AI\1:) LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEi\HNOLE COUNTY "SE-SUBURBAN ESTATES" AND "CONSERVA TION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERVATION OVERLA Y" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, IN CORPORA TION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. \YHEREAS, the future land lIse map amendmcntembodied 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 February 19, 2004, 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 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. 2004-13 Page 1 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set fmth 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 of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMlVnSSION OF THE CITY OF WINTER SPRINGS HERKBY ORDAINS, AS FOLLO\VS: Sedion 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Sedion 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Sedion 3. Purpose and Intent. Iris hereby declared to be the purpose and intent of this Ordinance to clarify, ex pand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Sel~tion 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 "SE-Suburban Estates" and "Conservation" to City of\Vinter Springs "Town Center District" 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 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 City of Winter Springs On:linmlce No. 2004-13 Page 2 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B 163.3187(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinalu.~es and Resolutions. All prior inconsistent ordinances and resol utions adopted by the City Commission, orparts 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 competenr 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 Jetter and any heading may be changed or modified as necessary to effectuate the foregoing. Sedion 9. Effective Date and Legal Status of the Plall Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3 I 87(3)(c), unless challenged within thirty (30) clays after adoption of this 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 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 City of Winter Springs Ordinance No. 2004-13 Page 3 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B Amendment set fOlth herein shall amend the City of Winter Springs' Comprehensive Plan an become a part of that plan and the Amendments shall have the legal status of the City of Willte Springs' Comprehensive PIan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida. in a regula meeting assembled on the _ day of ,2004. 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: G:\Docs\Cily of Winter Springs\Ordinances\Small Scale FLllM2004- J 3.\V)x1 City of Winter Springs Ordinance No. 2004-13 Page 4 of 4 March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B ORDINANCE NO. 2004-13 .EXHIBIT "A" LOCATION MAP Lake Jesup SUBJECT SITE Legal Description: A portion of Lot 7, Block B, DR. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County, Florida, being more particularly described as follows: Metes & Bounds Description: Commence at a #4 rebar at the Southwest Corner of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida; Thence run along the South Boundary line of said Lot 7, North 90 degrees 00' 00" East 250.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.) of this description; departing aforesaid South Boundary line Thence North 00 degrees 28' 00" East 642.83 feet to a #4 rebar, located South 00 degrees 28'00" West 40 feet, more or less, from the meander line and the water's edge along Lake Jessup, and also being the Point of Beginning (P.O.B.) of the survey closure line; Thence along said line South 38 degrees 32' 51" East 400.00 feet to a #5 rebar at the Point of Termination (P.O.T.) on the East boundary line, located South 00 degrees 28' 00" West 310 feet, more or less from said meander line and the water's edge of Lake Jessup; thence along East Boundary line South 00 degrees 28'00" West 330.00 feet to a 4"x4" concrete monument #2005 at the Southeast Corner of March 8, 2004 PUBLIC HEARING AGENDA ITEM 401 ATTACHMENT B ORDINANCE 2004-13 EXHIBIT "A" aforesaid Lot 7; departing said line thence along said South Boundary line North 00 degrees 00'00" East 251.80 feet to a #4 rebar and cap #2259 at the Point of Beginning (P.O.B.).. .including all lands lying between the survey closure line herein described and the meander line and the water's edge of Lake Jessup herein described, which lie between true extensions of the West and East Boundary lines of the parcel herein described, said parcel containinq 3.7 acres, more or less. Bearings are based on the Orange Avenue.