HomeMy WebLinkAboutPublic Hearing 500 Ordinance 2008-03 Small Scale FLUM
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
March 19.2008
Meeting
Consent
Information
Public Hearine X
Reeular
ITEM 500
REQ UEST: The Community Development Department - Planning Division requests the Planning
& Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2008-03, adopting a
Small Scale FLUM Amendment changing the Future Land Use Map designation of a 6.25 acre parcel,
located at 1379 SR 434 (NE Comer of SR 434 & SR 417), from (Seminole County) "Commercial" to
(City of Winter Springs) "Greeneway Interchange District" with "Conservation Overlay" on those
affected areas.
PURPOSE: To consider the request of Expressway Professional Plaza LLC (Montje Plank) on
behalf of David & Betty Long for a Small Scale FLUM Amendment, changing the Future Land Use
Map designation for the property at 1379 SR 434 (NE Comer of SR 434 & SR 417), from (Seminole
County) "Commercial" to (City of Winter Springs) "Greeneway Interchange District" with
"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 III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
March 19,2008
PUBLIC HEARING AGENDA ITEM 500
Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or
the economy of the city or region;
(1) Whether the proposed amendment will diminish the level of service (LOS) of public
facilities
(2) Whether there will be a favorable or unfavorable impact on the environment or the natural
or historical resources of the city or the region as a result of the proposed amendment;
(3) Whether the proposed amendment is consistent with the goals, objectives, and policies of
the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central
Florida Regional Policy Plan, adopted by Rule 29F -19.001, Florida Administrative code;
(4) Whether the city is able to provide adequate service from public facilities to the affected
property, if the amendment is granted, and whether the amendment will promote the cost
effective use of or unduly burden public facilities;
(5) Whether the amendment is compatible surrounding neighborhoods and land use; Whether
approval of the amendment will cause the comprehensive plan to be internally
inconsistent; Whether the proposed amendment will promote or adversely affect the public
health, safety, welfare, economic order, or aesthetics of the city or region; and
(6) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to
163.3191, Florida Statutes.
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:
Feb. 13. 2008- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
Mar. 10. 2008- Anticipated Adoption of Ordinance 2008-02, annexing the property.
Mar. 19. 2008- P& Z Board (LPA) to hear the request for the Future Land Use change and make
recommendation to the Commission.
CONSIDERATIONS:
Applicant - Expressway Professional Plaza, LLC c/o Montje Plank, 500 N. Maitland Ave.,
Suite 110, Maitland, FL (407) 599-7009
Owner - David & Betty Long, 330 Golfview Ave., Oviedo, FL
(407) 402-1400 (c/o Robin Kesler)
Parcel Number - 04-21-31-300-002A-0000
Acreage - approx. 6.25 acres
General Location - Vacant property at 1379 SR 434 (NE Comer of SR 434 & SR 417)
Legal Description -SEe 04 TWP 21S RGE 31E, W 1/2 OF SW 1/4 N OF SR 419 & E OF EXPRESSWAY
Chronology ofSubiect Property - The property was annexed into Winter Springs on March 10,2008.
March 19, 2008
PUBLIC HEARING AGENDA ITEM 500
Existing Land Use - The property is currently vacant and vegetated. The County Future Land Use
designation is Commercial. Adjacent existing land uses, zoning and FLUM designations include the
following:
Existing Land Uses Zoning Fl.ll:\1
Requesting Greeneway
Interchange District
WS from A-I SC
Conservation (WS)
Greeneway Interchange
District WS
A-I (SC)
Greeneway Interchange
District WS
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
North
South
Vacant
Requesting Greeneway Interchange
District with Conservation Overlay
WS from Commercial SC
Conservation (WS)
Greeneway Interchange District (WS)
Subject
Site
Vacant
Vacant
East
West
Vacant
Vacant
Commercial (SC)
Greeneway Interchange District with
Conservation Overla WS
Development Trends - The down turn in the housing market has been reflected in increased interest in
commercial properties such as the subject property.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Commercial" to Winter Springs "Greeneway Interchange District" with
"Conservation Overlay" on those affected areas is appropriate and compatible with the general
character of the area. All other properties in Winter Springs in this area have a future land use of
"Greeneway Interchange District".
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 character of the SR 434/SR 417 interchange area, as well as
evaluating the land use on other parcels in the City in the general area.
Concurrencv - The request for a small scale comprehensive plan amendment which is viewed as a
preliminary development order (where no approval for construction is made) is not subject to
Concurrency. Concurrency review has been deferred until application for a final development order
for the subject property, in accordance with the Concurrency Management System established in the
City's Comprehensive Plan.
Public Facilities -
At such time as the site develops, the proposed development will be required to meet concurrency
standards, so that impact on public facilities and services is accommodated.
Transportation- Access would be from SR 434 or a future frontage road, paralleling SR 434. SR 434
is classified as a Principal Arterial by Seminole County. This section of SR 434 is only two lanes
wide and development impact would likely generate too much traffic for the existing conditions.
However, the roadway is not under the jurisdiction of the City and coordination with the City of
Oviedo and FDOT will be required to address proportionate share mitigation options. A traffic study
will be required of the Applicant.
March 19, 2008
PUBLIC HEARING AGENDA ITEM 500
Sanitary Sewer- A 6" force main line is located on the north side of SR 434. Capacity is available.
Potable Water- A 12" potable water line extends along the north side of SR 434. Capacity is available.
Drainage- Due to the site's proximity to Lake Jesup, stormwater treatment shall meet SJRWMD criteria for
no net increase in the post-development phosphorous loading.
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 is
consistent with the surrounding land uses and objectives for the future of Winter Springs. Other areas
in Winter Springs at the interchange area have a Greeneway Interchange District land use. The
nuisance potential resulting from the change of future land use will be minimal in view that no
residential uses are adjacent to the subject property and the property to the north will remain
undeveloped as conservation land. Additionally, the City's land use development regulations and the
site plan review process can ensure the prevention or minimization of any potential nuisances.
Natural Lands Compatibility - Environmental concerns include impact to on-site wetlands, reduction
in wildlife habitat and tree canopy: The site appears to have some wetlands or environmentally
sensitive areas on the north side ofthe property, which is adjacent to a designated conservation area
owned by the SJRWMD. The site is vegetated and at one time an eagle's nest was located on the site,
but that is no longer the case. A wildlife survey of those species designated as endangered, threatened,
or species of special concern is required prior to final development approval for this property per
Florida Administrative Code.
The subject property drains to the northeast with a drop in elevation of about 15'. The highest
elevation is about thirty-five (35) feet above mean sea level and is outside ofthe 100-year flood plain.
The soils on this property are Basinger & Smyrna fine sands - depressional [located in the northeast
portion of the site, likely in the wetland areas] and Myakka and EauGallie fine sands. Fill material
likely will be required to make these soils suitable for development.
Consistency With The Comprehensive Plan - The City's Comprehensive Plan indicates that SR 434 is
an arterial and is planned as a commercial corridor. The City Commission has previously designated
the property on the southeast corner of SR 434 and SR 417 area as Greeneway Interchange District.
The property will retain its Conservation Overlay designation. Conservation Overlay areas are subject
certain conditions for development approval.
Policy 1.4.1 ofthe Conservation Element in the city's Comprehensive Plan (CE) states, The City shall
continue to protect the natural functions of wetlands through the Conservation Overlay on the Future
Land Use Map and the Conservation Land Use category, as defined in the Future Land Use Element.
Environmental issues on the subject property must be satisfactorily addressed in order to permit
development of the property:
Sensitive environmental areas will be placed in a conservation easement (CE Policy 1.4.4).
No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS).
March 19,2008
PUBLIC HEARING AGENDA ITEM 500
FINDINGS:
(1) The proposed amendment will increase the property tax revenue generated by commercial properties
once the property is developed;
(2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such
time as the site develops, the proposed development will be required to meet concurrency standards, so
that impact on public facilities and services (including SR 434) is accommodated;
(3) Impacts to the environment will be mitigated in a manner acceptable to the City so that there will not be
an unfavorable impact on the environment or the natural or historical resources ofthe City or the region as a
result of the proposed amendment. Sensitive environmental lands will be required to be placed into a
conservation easement.
(4) The proposed amendment is consistent with the goals, objectives, and policies of the state
comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional
Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code;
(5) The proposed amendment will cause the reduction in size of this unincorporated area that is
surrounded by Winter Springs and Oviedo. It will further enable Winter Springs to provide services in
a more efficient manner;
(6) The amendment is compatible with the surrounding neighborhoods and land use;
(7) The amendment will not cause the comprehensive plan to be internally inconsistent; and
(8)The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics of the city or region; and will not adversely affect the contents of any Evaluation
and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes.
STAFF RECOMMENDATION:
Staff recommends that the P&ZlLocal Planning Agency hold a Public Hearing and make a
recommendation to the City Commission related to Ordinance 2008-03, which adopts a Small Scale
Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject
property at 1379 SR 434 (NE Corner ofSR 434 & SR 417), from (Seminole County) "Commercial" to
(City of Winter Springs) "Greeneway Interchange District" with "Conservation Overlay" on those
affected areas.
TENTATIVE IMPLEMENTATION SCHEDULE:
April 14, 2008- 1 st Reading of Ordinance 2008-03
April 17, 2008- Public Noticing in Orlando Sentinel (10 days prior to adoption)
April 28, 2008- 2nd Reading /Adoption of Ordinance 2008-03
ATTACHMENTS:
A- Noticing in Orlando Sentinel, Thursday, March 6, 2008
B- Ordinance 2008-03 including Map & Legal Description
C- Current Future Land Use Map, March 2008
D- Proposed Future Land Use Map, April 2008
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
THURSDAY, MARCH 6, 2008 F3
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ATTACHMENT A
ATTACHMENT B
ORDINANCE NO. 2008-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY
CHANGING THE FUTURE LAND USE MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1)
PARCEL TOTALING 6.25 ACRES MORE OR LESS AND
LOCATED AT 1379 STATE ROAD 434 IN WINTER SPRINGS,
FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO, FROM SEMINOLE COUNTY "COMMERCIAL"
TO CITY OF WINTER SPRINGS "GREENEWAY
INTERCHANGE DISTRICT" WITH "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 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 March 19,2008, 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
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
City of Winter Springs
Ordinance No. 2008-03
Page 1 of 3
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 "Commercial" to City of Winter Springs
"Greeneway Interchange District"with "Conservation Overlay" on those effected 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
163.3187(4), Florida Statutes, and Section 9J-ll, 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 ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section
163.3187(3)( c), Florida Statutes, 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
City of Winter Springs
Ordinance No. 2008-03
Page 2 of 3
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 ofthat 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 , 2008.
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:
City of Winter Springs
Ordinance No. 2008-03
Page 3 of 3
ATTACHMENT C
Current Future land Use Map
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D Greenway Interchange District
_ Commercial
D Medium Density Residential
D Low Density Residential
D Suburban Estates
_ Conservation
~ Conservation Overlay
Source: Seminol,e County GIS, City of Winter Springs, March 2007
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Proposed Future land Use Map
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_ Conservation
~ Conservation Overlay
Source: Seminole County GIS, City of Winter Springs, March 2007