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Home My WebLink About2004 06 28 Public Hearings 406 COMMISSION AGENDA June 28, 2004 Meeting Consent Information Public Hearine X Re~ular ITEM 406 MGR. ~ IDEPT Iff , Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for 1 st Reading 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 County) "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 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 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 @> June 28, 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 (LP A) heard the request and recommended "Approval" to the Commission June 28, 2004- 1 st Reading of Ordinance 2004-21 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: Existit~g Land Uses Zoning FLUM Subject Site Vacant R-l (SC) Low Density Residential ________________________________ ,____.______________,__ jg:;J_~_c;:~ns~!.Ya~~~@~L North Lake Jesup -----.-----.-.- ..-,---.-------------.------.---.-- -----------.--.------ _._-----_.--_..~_._------- South Single Family Residential Low Density Residential R-IA (WS) _,_.___________,_,_________ _0:YJ:lL____________ ___,____.___.__ East Single Family Residential R-I (SC) Low Density Residential _,_________________,_________,_____~___ J.~ & Conservation_'@~L West Single Family Residential R-l (SC) Low Density Residential SC & Conservation SC (WS) Winter Springs; (SC) Seminole County June 28, 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 ofthe 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 weIl 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 if the site were to develop at maximum density, the resulting number ofIots would stilI 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 potentiaIly 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 ofthe 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. June 28,2004 PUBLIC HEARING AGENDA ITEM 406 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for 1 st Reading 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). IMPLEMENTATION SCHEDULE: June 28, 2004-1 st Reading of Ordinance 2004-22 July 1, 2004- Public Noticing in Orlando Sentinel of Public Hearing July 12, 2004- 2nd & Final Reading of Ordinance 2004-22 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: June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A ORDINANCE NO. 2004-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF "VINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAl\TD USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS TOTALING 4.8 ACRES MOREOR LESS AND LOCATED AT 1268 ORANGE A VENUE AND THE ADJACENT UNADDRESSED VACANT PARCEL TO THE EAST IN \VINTER SPRINGS, FLORIDA, AND MORE PARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATfACHED HERETO.. FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" AND "CONSERVATION" TO CITY OF 'VINTER SPRINGS "TO'VN CENTER DISTRICT" AND "CONSERVATION OVERLA Y" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. \VHEREAS, the future land use map amendment embodied in this Ordinance is asmallscale ame.ndment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3 1 87(I)(c), Florida Sl:atut:es~ 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 n, Florida Statutes. on the proposed Comprehensive Plan Amendment and considered findings and advice of stafr, citize.ns, and all interested parties submitting written and oral comments and hasrecommended adoption to the City Commission; and \VHEREAS, the Cit.y Commission of the City of Winter SpIings 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 I of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A citizens, and all interested palties 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 \VHEREAS, the. City Commission or the City of Winter Springs hereby rinds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NO"V, THEREFORE, THE CITY COMMISSION 011' THE CITY OJr WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Sect.ionl. Recitals. The foregoing recitals are true and correct and are full y incolporated herein by this reference. Section 2. A uthority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and ulI1c1 Development Regulations Act. Section 3. Purpose and Int.ent. It is hereby declareclto be the pUlpose and intentof this Ordi l1i:U1ce to darify, expcU1c1, conect, update, modify and otherwise fUlther the provi si ons of the City of Winter Splings' Comprehensive Plan. Seft.ion 4. AcloptiouofAmendmenttothe Future Land Use lVlap. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real propelty depicted on Exhibit ,~" 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. Transmithll to t.he Department ofConllllunity Affairs. The City ,Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan City of Winter Springs Orclinalm~ No. 2004-22 Page 2 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3187 (I )(c)( 4), Florida Statutes, and Section 9J-II, FloJida Administrative Code. Section 6. Repeal of Prior Inconsistent. Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, orp,uts of prior ordinances and resolutions in contliet 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 competentjurisdiclJon, whether for substantive, procedural, or any other reason, such pOttion shall be deemed a separate, distinct and independent provision, and slIch holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective c1ate of the Comprehensive Plan Amendmentadoptecl by this Ordinance, said Amendmentshall 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 necessmy to effectuate the foregoing. Section 9. Effecth'e Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take etTect thitty-one (31) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thitty (30) days after adoption ofthis 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 Winler Springs Ordinance No, 2004-22 Page 3 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A 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, Cit.y Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, Cit.y Attorney First: Re.ading: Second Reacling: Effective Date: G:\Docs\City ofWillter Springs\Ordina"rcs\Small S"llle FLUM2004.22.wpd City of Winter Springs Ordinance No. 2004-22 Page. 4 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT A ORDINANCE NO. 2004-22 EXHIBIT "A" KAZMA PROPERTY- LOCATION MAP Lake Jesup SUBJECT SITE 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East ~ 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. June 28, 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 Y:z 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 Y:z 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 Y:z 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 Y:z 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 Y:z of said Lot 10, to the terminus of this centerline description. June 28, 2004 PUBLIC HEARING AGENDA ITEM 406 ATTACHMENT B Draft Minutes of the June 2,2004 Planning & Zoning Board Meeting ~b/l~/~~~4 1~:~5 41:'-'&998584 NIS JKREBS PAGE 09 ~ cnv OF WINl'at S1'R.lNOS blAFT UNAl'PROvEO MlNtJIES PLANNING AN)) ZOteINQ BOAllDlLOC.u. PLANNINC ACENCY RBGtJt.AR. MliETING - JUNE 2, 200$ PAOES OF 1I PUBLIC R~GS Community Development Department - Plall)ling DiVision F. Reqaet1s Tbe Planning ADd ZonJDt BoardILocaJ PlaDnlog Agency Hold A Public Beariag Related To Or'dbulIlu %004-20 Which Rezones Map Designation Of' All 1.7 Acre Pared; LOeAtedAt 1184'Oralll& Avmue Brow "A-I" Agricultural (Seminole County) To "To'WD Center" (Ci!Y OfWinte.r Sprblgs). ChafrprnsQn Krebs opened tlte "Public Input'. portion ofthf.s Agenda Item. No one spoke. Chairperson Krebs closed the "Public InpUl" portion of this Agenda Item. Ms. Sahlstrom presented the Agenda Item. Discussion. Ms. SahlstrO:m. said, .'We believe this is the appropriate zoning for this parcol.... Ms. Sahlstrom added, "It is our recommendation that you approve it to move forward to the [City] Commission. n "I MOVE THAT WE RECOMMEND CHANGING THE ZONING CLASSIFICATION FROM THE SUB.JECf PROlERTY AT 1184 ORANGE AVENUE FROM ~A-I' AGRICULTIIRAL SEMlNOLE COUNTY TO 'TOWN CENTER' CITY Ol1'WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY,VlCE CIIAIRrl;RSON KARR. DISCUSSION. VOTE: BOARDMEMBERBROWN: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KAJm.~ AYE BOARD MEMBERPOE: AYE ~OTION CA!UUED. rUBUC HEAJUlIlG5 Community Development Department - Plan~ing Division G. Requests The PlanDing And ZonJn~ BoardILoca1 Plann.ng Agency H()ld A Public Bearlllg For Ordinance 2()()4;.22 AdoptiJlg A SmaU Scale FLUM Amebdmeat Chaugfng Tbe Future Land U,e Map Designatlon or Two Parcels, Located At Approxima~y 1268 Oraage Avenue, From (Seminole County) ~Suburban Estates" ADd "CODIervatloD" To (CIty Of Wb:lter Sprmgs) "Town Ctnter" And "COIllenatloa Overlay" (On Those Af(~ Anas). ChairpersoPl Krebs opened the ''Public Input" portion a/this Agenda Item. No one spoke. 60'd ~~ ~t ~v S9NI~ ~NIM ~ A1IJ lB:9t ~~-~t-Nnr ff6/18/2004 13:25 4076998584 NIS JKREBS PAGE 10 /\~ ~-1 ' ' - CITY OF wtNlU SPR.1NGS . DRAfT UNAPPROVED MlMlTES PLANNQlC AND ZONING BOARnJLOCAL Pl.A!ll,NJNC AOIJolCV ~OVLAR MEtmNG -lUNB 2, J~ PAGe 90F II Chalrper307J Krebs closed tlt.e "Public Input" portion of this ~da Itsm. Mil. Sahlstrom introduced this Agenda Item. DisCWlsion. Ms. Sahlstrom said. "Statl'believcs 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..12 WHICH ,ADOPTS A SMALL SCALE COMPREHENSIVE FLANAMENDMENT ,AND CHANCES THE, FUTURE LAND USE DESIGNATION ON THE S'OBJECT PROPERTY A.T APPROXIMATELY 1268 ORANGE AVENUE FROM SEMINOLE COUNTY LOW DENSlTY R.ES.IDENT~ AND 'CONSERV AnON' TO THE CITY OF WINTER S:PlUNGB 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE AFFECTED AREAS." MonON BY BOARD MEMBER POE., SECONDED BY VlCECBAIlU'ERSON KARR DISCUSSION. VOTE: BOARD MEMBER POE: AYE. VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE CIIAIllPERSON KREBS: AYE MOTION CARRIED. ro.uc 1IJ!A1UNG8 ColQlunity Development Departmeat -Planning DIvtstoo. H. Requelts The PllIlmg AAd ZoJliDg BoardJLocQl PlaDDing Agency Hold A PubHc Bearfa.g, Related To Ordinance 2004-Z3 Which RezoneJ Two Parcels, Located At ApproXimately 1268 Orange AVeJlue From ((R-1" (Seminole County) To ~TOWD Center" (City Of W'mter SpriGgs). Clt.airperSOll Kreb$ opened the "Public Input" ponton of this Ager&da Item. No one spoke. Chairperson Krebs closed th.e "Public Input" portion of this Agenda Item. Ms. Sahlstrom presented this Agenda Item. Ms. Sahlstrom stated, "We [Staff] believe t1W th~ most appropriate toning for this parcel is "Town Centert and. that is our reconunen.dation." "I MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMlSSSION CHANGING THE ZONING CLASSIFlCA nON ON THE 0t'd ~p lZE lap &IN I &:IS CfllN 1f1 .::I) ..u. I ,J 10:9t P00e-ll-NnI