Loading...
HomeMy WebLinkAbout2004 07 12 Public Hearings 406 . . .. . COMMISSION AGENDA ITEM 406 Consent Information Public Hearin2 X Regular July 12,2004 Meeting MGR. /1..-- (DEFT j/Y" Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a PublicHearing for Second Reading and Adoption of Ordinance 2004-22, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of two parcels, located at approximately 1268 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 Mohamad and Karen Kazma (property owners) for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two parcels totaling 4.8 acres, located at 1268 Orange Avenue (and the adjacent unaddressed vacant parcel to the east), from (Seminole Co.) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Town Center" & "Conservation Overlay" (on those affected areas). Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for the conduct ofthe 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 resolllltions. Winter Sprines Charter Section 4.15 Ordinances in General. Winter Sprines 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 ~ . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 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: Mar. 19, 2004- Application Received May 24, 2004- 2nd Reading of Ordinance 2004-21, Annexing the parcel into the City May 20,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing June 2,2004- P& Z Board (LPA) heard the request and recommended "Approval" to the Commission June 28,2004- 1st Reading of Ordinance 2004-21 July 1, 2004- Public Noticing in Orlando Sentinel of Public Hearing CONSIDERATIONS: Applicant - Mohamad & Karen Kazma; 363 Deer Pointe Circle; Casselberry, Florida 32707 Owner - same Parcel Numbers - 31-20-31-503-0000-0050 & 31-20-31-503-0000-0070 Acreage - approx. 4.8 acres General Location - The site is located at approximately 1268 Orange Avenue, immediately north of Tuskawilla Trace Subdivision. Legal Description - The East Y2 of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-21. Existing Land Use - The site is vacant. Previous structures were demolished prior to annexation. The County Future Land Use designation is LDR- Low Density Residential and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: I I Existing Land Uses Zoning FLUM I I Subject Site Vacant R-I (SC) Low Density Residential SC & Conservation (SC) North Lake Jesup South Single Family Residential Low Density Residential S East Single Family Residential R-I (SC) West Single Family Residential R-l (SC) . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Low Density Residential" 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. Other parcels recently annexed into the City along Orange Avenue and adjacent to Lake Jesup 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. Public Facilities - No development proposal has been presented to the City at this time. However, even ifthe site were to develop at maximum density, the resulting number oflots 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 area. 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. FINDIN GS: The request is consistent with all applicable goals, objectives and policies ofthe 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 1 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 4-0 recommending "Approval" to the Commission. STAFF RECOMMENDATION: . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-22, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation .on the subject property at approximately 1268 Orange Avenue from (Seminole County) "Low Density Residential" and "Conservation" to (City of Winter Springs) "Town Center" and "Conservation Overlay" (on those affected areas). ATTACHMENTS: A. Ordinance 2004-22 including Map & Legal Description B. Minutes from the Planning & Zoning Board/Local Planning Agency Meeting of June 2, 2004 COMMISSION ACTION: . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A ORDINANCE 2004-22 . . . ORDINANCE NO. 2004-22 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 4.8 ACRES MORE OR LESS AND LOCATED AT 1268 ORANGE A VENUE AND THE ADJACENT UNADDRESSED VACANT PARCEL TO THE EAST IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERV A T)[ON OVERLAY" (ON THOSE AFFECTED AREAS); PROVID][NG FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABIl_ITY, IN CORPORA TION INTO THE COMPREHENSIVE PLAN, 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 163.3l87(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 IT, 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, City of Winter Springs Ordinance No. 2004-22 Page 1 of 4 . 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 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 '7\" from Seminole County "Low Density Residential" 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 . City of Winler Springs Ordinance No. 2004-22 Page 2 of 4 . 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. 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 substanti ve, procedural, Of 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-ol1e (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 . City of Winter Springs Ordinance No. 2004-22 Page 3 of 4 . 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 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\SmaJl Scale FLUM2004-22.wpd . City of Winter Springs Ordinance No. 2004-22 Page 4 of 4 . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A ORDINANCE NO. 2004-22 EXHIBIT "A" KAZMA PROPERTY. LOCATION MAP ~, '.~ :....;'/'., ",<' ':-',: . ~ ~. ..'..... - ",::",:" - ..' " ".F, , "',~" '-, -,., " 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East 1'2 of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E, 151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less. . . . July 12, 2004 PUBLIC HEARING AGENDA ITEM 406 EXHIBIT A KAZMA PROPERTY. LOCATION MAP, CONTINUED 31-20-31-503-0000-0070 LEGAL DESCRIPTION: The Easterly 11.25 feet of Lot 7, all of Lots 8 & 9 and the Westerly % of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida, more particularly described as follows: METES & BOUNDS DESCRIPTION: Begin at the Southeast corner of the Westerly % of Lot 10; thence run N 59 degree 53'00" West 162.50 feet along the Northerly right-of-way line of Orange Avenue; thence run North 30 degrees 00'00" East 655.00 feet, more or less, to the waters edge of Lake Jessup; thence run Southeasterly along the waters edge to a point of the East line of the Westerly % of Lot 10; thence run South 30 degrees 00'00" West 622.76 feet, more or less along said East line to the Point of Beginning; ALSO Subject to a proposed 30.0 foot easement for Ingress and Egress lying 15.0 feet on each side of the following described center line; Commence at the Southeast corner of the West % of Lot 10, TUSKAWILLA SHORES, as recorded in Plat Book 6, Page 93, of the Public Records of Seminole County, Florida; . thence run North 59 degrees 53'00" West 147.5 feet along the Northerly right-of-way line of Orange Avenue to the Point of Beginning of said centerline; thence run North 30 degree 00'00" East 300.0 feet parallel with the West line of the East % of said Lot 10, to the terminus of this centerline description. . . . July 12,2004 PUBLIC HEARING AGENDA ITEM 406 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 9 OF 12 PUBLIC HEARINGS Community Development Department - Planning Division G. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2004-22 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of Two Parcels, Located At Approximately 1268 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 this Agenda Item. Discussion. Ms. Sahlstrom said; "Staff believes the appropriate Future Land Use Designation for this property is 'Town Center' and is recommending that to you." . "I RECOMMEND THAT [PLANNING AND ZONING BOARD/] LOCAL PLANNING AGENCY RECOMMEND TO THE CITY COMMISSION ORDINANCE 2004-22 WmCH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE DESIGNATION ON THE SUBJECT PROPERTY AT APPROXIMATELY 1268 ORANGE A VENUE FROM SEMINOLE COUNTY LOW DENSITY RESIDENTIAL AND 'CONSERVATION' TO THE CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLA Y' ON THOSE AFFECTED AREAS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER POE: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. . PUBLIC HEARINGS Community Development Department - Planning Division H. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing Related To Ordinance 2004-23 Which Rezones Two Parcels, Located At Approximately 1268 Orange Avenue From "R-l" (Seminole County) To "Town Center" (City Of Winter Springs).