HomeMy WebLinkAbout2004 07 12 Public Hearings 402
COMMISSION AGENDA
July 12, 2004
Meeting
Consent
Information
Public Hearin~ X
Regular
ITEM 402
MGR. j2- IDEPT
Authorization
~
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-16, a
Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 8.56
acre parcel, located at 1181 Orange Av., from (Seminole Co.) "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 Guy Ferlita Trustee
(property owner) & Thomas Corkery, applicant for a Small Scale FLUM Amendment, changing the
Future Land Use Map designation for their property at 1181 Orange Avenue fi~om (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 Sprines Article In. 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
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JuLY 12, 2004
PUBLIC HEARING AGENDA ITEM 402
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:
ApI. 23, 2004- Application Received
May 24,2004- 2nd Reading of Ordinance 2004-15, Annexing the parcel into the City
May 20,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
June 2, 2004- P& Z Board (LP A) heard the request and recommended "Approval" to the
Commission
June 28, 2004- 1 st Reading of Ordinance 2004-16
July 1,2004- Public Noticing in Orlando Sentinel of Public Hearing
CONSIDERA TIONS:
Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay
Woods LLC; 1085 W. Morse Blvd., Suite A; Winter Park, Florida 32789
Owner - Guy Ferlita Trustee
Parcel Number - 26-20-30-5AR-OBOO-0 160
Acreage - approx. 8.56 acres
General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs
High School.
Legal Description - Lot 16, Block "B" of MITCHELL'S SURVEY OF THE LEVY GRANT ON
LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public
Records of Seminole County, Florida.
Chronologv of Subiect Property - The subject property was annexed into the City on May 24, 2004,
by Ordinance 2004-15.
Existing Land Use - The site has a one-story single family residence, a shed and a well. The County
Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land
uses, zoning and FLUM designations include the following:
I
Existing Land Uses Zoning FLUM
I I
Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and
Conservation (SC)
North Lake Jesup
South Public School (Winter Town Center (WS) Town Center (WS)
Springs High School)
East Single Family Residential Town Center (WS) Town Center (WS)
West Vacant; Borrow Pit Town Center (WS) Town Center (WS)
JuLY 12,2004
PUBLIC HEARING AGENDA ITEM 402
(WS) Winter Springs; (SC) Seminole County
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
character of the area. The 8.56 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
of the area and maintains continuity with the adjacent properties in the City.
Public Facilities - The applicant seeks to develop the property into townhouses. Even if the site
were to develop 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 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 has some potentially 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.
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. Any potential conflicts that might arise with adjacent
residential properties will be resolved at the site planning review and approval stage.
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning and Zoning Board/Local Planning Agency on June 2,2004, the
Agency held a Public Hearing and voted 3-1 recommending "Approval" to the Commission.
JuLY 12, 2004
PUBLIC HEARING AGENDA ITEM 402
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for the Second Reading and
Adoption of Ordinance 2004-16, a Small Scale Comprehensive Plan Amendment which changes the
Future Land Use Map designation on the subject property at 1181 Orange Avenue from (Seminole
County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and
"Conservation Overlay" (on those affected areas).
ATTACHMENTS:
A. Ordinance 2004-16 including Map & Legal Description
B. Draft Minutes of the Planning and Zoning Board Meeting
COMMISSION ACTION:
JuLY 12, 2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
ORDINANCE 2004-16
ORDINANCE NO. 2004-16
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 A PARCEL TOTALING 8.558
ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE
A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXffiBIT "A" A TT ACHED HERETO, FROM SEMINOLE
COUNTY "SUBURBAN ESTATES" AND "CONSERVATION"
TO CITY OF WINTER SPRINGS "TOWN CENTER
DISTRICT" AND "CONSERVATION OVERLAY" (ON
THOSE AFFECTED AREAS); PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE COMPREHENSIVE PLAN, 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 June 2, 2004, 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. 2004-16
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 '~" from Seminole County "Suburban Estates" and "Conservation"
to City of Winter 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 Winler Springs
Ordinance No. 2004-16
Page 2 of 4
163.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
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 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. 2004-16
Page 3 of 4
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
,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\City of Winter Springs\Ordinances\Small Scale FLUM2004-16.wpd
City of Winler Springs
Ordinance No. 2004-16
Page 4 of 4
JuLY 12,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT A
ORDINANCE NO. 2004-16
EXHIBIT "A"
LOCATION MAP
Lake Jesup
LEGAL DESCRIPTION:
Lot 16, Block "B" of MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE JESSUP, according
to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County,
Florida. More particularly described as follows:
METES & BOUNDS DESCRIPTION:
BEGIN at the Northeast corner of Lot 16, Block "B" of MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, according to the plat thereof as recorded in Plat Book 1, Page 5 of
the Public Records of Seminole County, Florida; thence run South 18035'40" West, along the East
line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run
North 71025'29" West, along the South line of said Lot 16, for a distance of 500.72 feet to the
Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot
16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the
North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right
of way) the following three courses: South 71056'39" East, for a distance of 96.52 feet; South
69021'54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to
the POINT OF BEGINNING.
Contains 8.558 acres, more or less.
JuLY 12,2004
PUBLIC HEARING AGENDA ITEM 402
ATTACHMENT B
Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 2, 2004
PAGE 5 OF 12
COORDINATION ELEMENT, AND A POTABLE WATER SUB-ELEMENT OF
THE INFRASTRUCTURE ELEMENT. ALSO, ATTACHE][) TO THE
RECOMMENDATION WOULD BE THE FINDINGS BY THE STAFF. THE
COMPREHENSIVE PLAN TEXT AMENDMENT IS CONSISTENT WITH THE
GOALS, OBJECTIVES, AND POLICIES OF THE CITY'S ADOPTIVE
COMPREHENSIVE PLAN. THE REQUEST IS IN CONFORMANCE WITH
THE PURPOSE AND THE INTENT OF THE CITY CODE AND WITH ALL
APPLICABLE REQUIREMENTS. THE REQUEST IS COMPATIBLE AND
FURTHER ELEMENTS OF THE STATE COMPREHENSIVE PLAN AND
CHAPTER 187 OF FLORIDA STATUTE. THE COMPREHENSIVE PLAN
AMENDMENT IS - COMPATIBLE WITH AND FURTHER ELEMENTS OF
THE EAST CENTRAL FLORIDA COMPREHENSIVE REGIONAL POLICY
PLAN." MOTION BY BOARD MEMBER BROWN. SECONDED BY VICE
CHAIRPERSON KARR. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
BOARD MEMBER BROWN: AYE
BOARD MEMBER POE: AYE
CHAIRPERSON KREBS: AYE
MOTION CARRIED.
Ms. Sahlstrom indica!ed, "This will go to the Commission July 14th [2004] because I
needed to make sure that Kip Lockcuff [P.E., Public WorkslUtility Department Director]
would be available to answer so many of the questions related to Public Works."
Discussion.
PUBLIC HEARINGS
Community Development Department - Planning Division
C. Requests The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing For Ordinance 2004-16 Adopting A Small Scale FLUM Amendment
Changing The Future Land Use Map Designation Of An 8.56 Acre Parcel, Located
At 1181 Orange Avenue, From (Seminole County) "Suburban Estates" And
"Conservation" To (City Of Winter Springs) "Town Center" And "Conservation
Overlay" (On Those Affected Areas).
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom introduced the Agenda Item. Discussion.
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - JUNE 2, 2004
PAGE 6 OF 12
Ms. Sahlstrom stated, "The applicant is [Mr.] Tom Corkery who is actually the same
person who - had before you [Board Members] on the Barclay Woods project. He is the
Developer. "
"I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE
CITY COMMISSION A MOTION RELATED TO ORDINANCE 2004-16 WHICH
ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND
CHANGES THE FUTURE LAND USE DESIGNATION FROM THE SUBJECT
PROPERTY AT 1181 ORANGE AVENUE, FROM SEMINOLE COUNTY
'SUBURBAN ESTATES' AND 'CONSERVATION' TO THE CITY OF WINTER
SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY'." MOTION
BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN.
DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
CHAIRPERSON KREBS: AYE
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER POE: AYE
MOTION CARRIED.
Discussion.
PUBLIC HEARINGS
Community Development Department - Planning Division
D. Requests The Planning And Zoning Board/Local Planning Agency Hold A
Public Hearing Related To Ordinance 2004-17 Which Rezones 8.56 Acres (More Or
Less), Located At 1181 Orange Avenue From "A-I" Agricultural (Seminole
County) To "Town Center" (City Of Winter Springs).
Chairperson Krebs opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairperson Krebs closed the "Public Input" portion of this Agenda Item.
Ms. Sahlstrom presented the Agenda Item. Discussion.
Ms. Sahlstrom stated, "I do believe this is very appropriate for the 'Town Center'.
Tape 2/Side A