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Home My WebLink About2008 10 07 Public Hearings 503 Ordinance 2008-24 Adopting a Small Scale FLUM AmendmentPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 503 Information Public Hearin X Re ular October 7, 2008 Meeting REQUEST: The Community Development Department -Planning Division requests that the Local Planning Agency hold a Public Hearing for Ordinance 2008-24, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of 7.64 acres more or less, located adjacent to the City's West Effluent Disposal Site, from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". PURPOSE: In furtherance of the approved Settlement Agreement in the case ofRoy v. City of Winter Springs, Florida Power & Light and Seville Chase Homeowners Association, the City is processing an administrative Comprehensive Plan Amendment changing the Future Land Use of property conveyed to the City from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". 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.. . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter Springs Charter Section 4.15 Ordinances in General Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Section 15-37 Local Planning Agenev Review and Recommendation: CHRONOLOGY: Jan. 24, 2007- Settlement Agreement executed with Richard E. and Kathleen Roy Sept. 28, 2008- Public Noticing in Orlando Sentinel of LPA Public Hearing Oct. 7, 2008- P& Z Board (LPA) to hear the request for the Future Land Use change and make recommendation to the Commission. October 7, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 2 of 4 CONSIDERATIONS: An>7licant - City of Winter Springs; 1126 E. State Road 434; Winter Springs, FL 32708 Owner - City of Winter Springs; 1126 E. State Road 434; Winter Springs, FL 32708 Parcel Number - 26-20-30-SAR-OD00-110E Acreage - approx. 7.64 acres General Location - Vacant property adjacent to the City's West Effluent Treatment Plant Legal Description BEG 20.93 FT S 07 DEG 11 MIN 37 SEC E & 1690.23 FT N 83 DEG 37 MIN 55 SEC ERUNN83DEG37MIN55SECE1768.72FTS07DEG04MIN22SECE68.22 FT S 04 DEG 57 MIN 42 SEC W 123.38 FT S 83 DEG 44 MIN 02 SEC W 1770.92 FT N 01 DEG 27 MIN 55 SEC E 187.79 FT TO BEG BLK D D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Existing Land Use - The property is currently vacant. The current City Future Land Use Map designation is "Rural Residential with Conservation Overlay". Ad'acent ex istin land uses, zonin and FLUM desi ations inclu de the tbllowin Subject Undeveloped R-C1 Residential (WS) Rural Residential with Conservation Slte Overlay (WS) Requesting (WS) Public/Semi-Public .with Conservation Over~.._...-_......... North City's Westside Effluent R-lA Residential (WS) Public/Semi-Public. (WS), Conservation Treatment Plant andR-C1Residential(WS) (WS) and Low Density Residential _ _ _... ..._ _.. ........._.........__ ............__........ __ .................. _~WS)_..._....._ _..... _ SOUth Undeveloped R-lA Residential (WS) Public/Semi-Public. (WS) East Residential PUD (WS) Low Density Residential (WS) and Conservation WS West City's Westside Effluent R-C1 Residential (WS) Public/Semi-Public. (WS) Treatment Plant (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - Development has slowed within the City, given the current economic crisis. Proposed Future Land Use Classification -The proposed future land use map designation from Winter Springs "Rural Residential with Conservation Overlay" to Winter Springs "Public/Semi-Public with Conservation Overlay" is appropriate and compatible with the general character of the area. 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 area, as well as evaluating the land use on other parcels in the area. Concurrence -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 October 7, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 3 of 4 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 - The site is expected to be used in conjunction with the site's existing use for effluent treatment. If the site were to develop, the City would be required to submit a site plan and would be subject to concurrency standards. Energy-Efficient Land Use- The subject property is part of the land included in the 1959 annexation that originally formed the Village of North Orlando. Although no development is currently proposed, the future use of this property for municipal services will result in an energy-efficient land use pattern which discourages urban sprawl. Nuisance Potential Of Proposed Use To Surrounding Land Uses -The change of the future land use designation will not create a nuisance. The proposed future land use is consistent with the surrounding land uses and objectives for the future of Winter Springs. Other parcels in the area also have a "Public/Semi-Public" designation. Natural Lands Compatibility -The subj ect property is within the conservation overlay area and may have wetlands or environmentally sensitive areas. A wildlife survey of those species designated as endangered, threatened, or species of special concern will be required if the property is developed. The subject property drains to the north and is outside of the 100-year flood plain. The soils on this property are Basinger & Smyrna fine sands - depressional. Consistency With The Comprehensive Plan -The previous intent of the property was for residential use. However, with the conveyance of the subject property to the City, the future land use most appropriate and consistent with the Comprehensive Plan is "Public/Semi-Public". FINDINGS: (1) 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 is accommodated; (2) 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 of the City or the region at the time of development. (3) 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) The amendment will promote the cost effective use of public facilities; (5) The amendment is compatible with the surrounding neighborhoods and land use and will not cause the comprehensive plan to be internally inconsistent; and October 7, 2008 PUBLIC HEARING AGENDA ITEM 503 Page 4 of 4 (6)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 Local Planning Agency hold a Public Hearing and make a recommendation of Adoption to the City Commission related to Ordinance 2008-24, a Small Scale Comprehensive Plan Amendment changing the Future Land Use Map designation on the subject property, from (Winter Springs) "Rural Residential with Conservation Overlay" to (Winter Springs) "Public/Semi-Public with Conservation Overlay". TENTATIVE IMPLEMENTATION SCHEDULE: October 13, 2008- 1st Reading of Ordinance 2008-24 October 27, 2008- 2nd Reading /Public Hearing Adoption of Ordinance 2008-24 ATTACHMENTS: A- Ordinance 2008-24 including Exhibit A (describing subject property) B- Current Future Land Use Map, September 2008 C- Proposed Future Land Use Map, September 2008 P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: ATTACHMENTA ORDINANCE N0.2008-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP ("PLUM") AMENDMENT BY CHANGING THE PLUM DESIGNATION OF CERTAIN REAL PROPERTY CONSTITUTING ONE PARCEL TOTALING 7.64 ACRES MORE OR LESS AND GENERALLY LOCATED ADJACENT TO THE CITY'S WEST EFFLUENT DISPOSAL SITE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER SPRINGS "RURAL RESIDENTIAL WITH CONSERVATION OVERLAY" TO WINTER SPRINGS "PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY"; 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 October 7, 2008 in accordance with the procedures established in chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; 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 SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. ?008-24 Page 1 of 3 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 incompliance 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 Winter Springs "Rural Residential with Conservation Overlay" to Winter Springs "Public/Semi-Public with Conservation Overlay." 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-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 maybe 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, City of Winter Springs Ordinance No. ?008-24 Page 2 of 3 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 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 , 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. 2008-24 Page 3 of 3 Exhibit `A' c ~t ~~ ~.~,~ ~~ .~ K ~~ ~-~~~ ~~~ ~~~ ~~y~~~ =;~a~~~~ M ~ h>~ ~~ ~~N ~ ~ ~~ ~~~~ i a~ M~~h ~~~~~~~~ a~ ~ u ._ ~~~~~~ a n ~~~~ ~~ „ ~ a ~o~w~~R . ~~jj ~~tt yy ~ s ~ ~ ~: ~ ~ ~ g ~h ~ ~ ~~~ Q ~~~~~~ ~~ ~~~ k ~ ~c ~~~ ~'~,~ 4~~~ oaao d:: ~~_R k'~ ~~. ATTACHMENT B o a ROT{NOOD BLVD ~ z \ •~ - _ - --- - ~ s ,8 ~ ~ P ~ O ~ ~ &5 ~ ~ e ~ ~ ~ ~ \ ~ g W d~ a~ ~°~ `~ L .~ ~ E ~ r a ~ _ W ~~ ~~~'-'~ s~ S ~i 8 ~ ~ p € ~ a' ~ ~ J ~~I I~~I__1 ~~~~ ~~~~.: ,\ ._ •, ` ~•r ~ ~. 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