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HomeMy WebLinkAbout2007 03 07 Public Hearing 200 Ordinance 2007-02 PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 200 Consent Information Public Hearin Re lar x March 7.2007 Meeting REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2007-02, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation ofa 1.76 acre parce~ located at 282 W. State Road 434, east of Barrington Estates, from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". PURPOSE: To consider the request of Robert Carneal on behalf of Janet M. Mann for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for the property at 282 W. State Road 434, east of Barrington Estates, from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". APPLICABLE LAW AND PUBLIC POLICY 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 ofthe 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 0/ adopted comprehensive plan. Florida Statute 166.041 Procedures/or adoption of ordinances and resolutions Winter Sorine:s Charter Section 4.15 Ordinances in General Winter Sorine:s Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; March 7, 2007 PUBLIC HEARING AGENDA ITEM 200 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-19.00l, 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 ofthe 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 (l) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Dec. 29. 2006- Application received for Annexation and subsequent Future Land Use change and Rezoning. Feb. 26.2007- Adoption of Ordinance 2007-01, annexing the property. Mar. 7.2007- P& Z Board (LPA) to hear the request and make recommendation to the Commission. CONSIDERA TIONS: Applicant - Robert Carnea~ 2354 Pine Meadows Place; Chuluota, Florida 32766 Owner - Janet M. Mann; 233 Carolyn Drive, Oviedo, Florida 32765 Parcel Number - 04-21-31-300-0l5A-0000 Acreage - approx. l. 76 acres General Location - The site is located on the north side ofSR 434, east of the Greeneway, one lot east of the entrance to Barrington Estates. Legal Description -SEe 04 TWP 21S RGE 31E S 1/2 OF NE 1/4 OF NE 1/4 OF SE ~ (less W 425' + road) Chronology ofSubiect Property - The property was annexed into Winter Springs on Feb. 26,2007. Existing Land Use - The property is currently vacant but previously had a mobile home and covered March 7, 2007 PUBLIC HEARING AGENDA ITEM 200 concrete area on it. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land l scs Zoning FIX'I Subject Site Vacant Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) ______________.___...____ ______..._._ ___._._._._____.._..._...______.. .__.fi:Q!!!(~~1~:)_Q....____....._..._____.._ _.__~':!~~.~~~_J::~~~Jl....._.____._....___. North Single Family Residential R-IA Single Family Low Density Residential ..________.___ ._.._._.@~~_~_&t.,?!!.Estates _~ub~~_. .}~~~i~~!!!iaJ.(~~L__........_____.___ _J~_~l_....__.___......._..____.____ South Single Family Residence A-I (SC) Low Density Residential _~'?_I1:~~<:.t~~_!!t_) ~Z~_________________________________ ..{~~)---- - - -.---------- East Vacant Requesting (WS) C-I Requesting (WS) Neighborhood Commercial Commercial from (SC) _..._.________.____.___..__________ _fi:Q~(~f}_~:} ._.____ ........___.__ I{_1I11l1:_~____ _...__._.___._........_..._.___.._.__. West South Seminole Christian A-IO (SC) Suburban Estates (SC) Church (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The Applicant has indicated that he would like to develop the property as office space. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" to Winter Springs "Commercial" is appropriate and compatible with the general character ofthe area. All other properties in Winter Springs in this area have a future land use of commercia~ with the exception of Barrington Estates. Letters/Phone Calls In Favor Or Opposition - Adjoining property owners in Barrington Estates and the church have inquired about the development plans for the property and indicated their concern over future impacts to their properties from development ofthe vacant parcel. 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 arterial corridor, as well as evaluating the land use on other parcels in the City in the general area. Concurrency - 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 - Access is available from SR 434. SR 434 is classified as an urban arterial. City sanitary sewer and potable water is located on the north side of SR 434, approximately 450-550 feet from the property. By extending the 12" sewer line, it could eventually continue northward to create a continuous loop to the existing 8" line on the eastern side of Barrington Estates. When the property is developed, post run-off development cannot exceed pre-development run-off. A clear recorded easement for the pipes and swales will be required and must be definitive for maintenance of structural facilities. March 7, 2007 ptJBLIC HEARING AGENDA ITEM 200 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. Most of the SR 434 Corridor has a Commercial land use with single family residential uses located to the rear. The adjacent property to the west is also requesting a land use of Commercial. The nuisance potential ofthe proposed use resulting from the change of future land use designation from Seminole County "Rural-3" to Winter Springs "Commercial" should be minimal in view of the following: The City has development standards in its land development regulations to minimize impacts on surrounding properties through buffering. The City's land use development regulations and the site plan review process can ensure the prevention or minimization of any potential nuisances. 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. Natural Lands Compatibility - The site does not appear to be constrained by any wetlands or environmentally sensitive areas and no federally endangered plants are known to exist in the County. A wildlife survey 0 f those species designated as endangered, threatened, or species 0 f special concern is required prior to final development approval for this property per Florida Administrative Code. The subject property is about twenty-five (25) feet above mean sea level and is outside ofthe 100- year flood plain. The soils on this property are (20) Myakka and EauGallie fine sands. Fill material will be required to make these soils suitable for most urban use. Consistency With The Comprehensive Plan - The City's Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor. The City Commission has previously designated other properties on the north side of SR 434 in this area as Commercial. FINDINGS: (1) The proposed amendment will have little effect on the city's budget until such time as the property develops; (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) There will not be an unfavorable impact on the environment or the natural or historical resources ofthe city or the region as a result ofthe proposed amendment. The Applicant will be required to comply with the City's Tree Protection and Preservation Code; (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-19.00l, Florida Administrative code; (5) The proposed amendment will cause the reduction in size ofthis unincorporated area that is totally 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; SR 434 is an urban arterial roadway and is suited to commercial activity along the frontage. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; the Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial corridor; and March 7, 2007 PUBLIC HEARING AGENDA ITEM 200 (8)The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics ofthe 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&Z/Local Planning Agency hold a Public Hearing and make a recommendation to the City Commission related to Ordinance 2007-02, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 282 W. State Road 434, east of Barrington Estates, from (Seminole County) "Suburban Estates" to (City of Winter Springs) "Commercial". TENTATIVE IMPLEMENTATION SCHEDULE: March 26, 2007- 1 st Reading of Ordinance 2007-02 March 29,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption) April 9, 2007- 2nd Reading /Adoption of Ordinance 2007-02 ATTACHMENTS: A- Ordinance 2007-02 including Map & Legal Description B- Current Future Land Use Map, January 2007 P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: ATTACHMENT A ORDINANCE NO. 2007-02 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 A PARCEL TOTALING 1.76 ACRES MORE OR LESS AND LOCATED AT 282 WEST STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" TO CITY OF WINTER SPRINGS "COMMERCIAL"; 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 7, 2007, 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 Conunission; 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 fmdings 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. 2007-02 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Anthority. 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 "Suburban Estates" to City of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department of Community Mfairs. 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 91-11, 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), 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 Community Affairs or the Administration Commission issues a fmal order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, City of Winter Springs Ordinance No. 2007-02 Page 2 of 3 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 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 Conunission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. ATTEST: John F. Bush, Mayor 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. 2007-02 Page 3 of 3 Exhibit 'A' Source: City of Winter Springs & Seminole County GIS Data. January 2007 I o 175 350 700 Feet ~ N Metes and Bounds Description: THE SOUTH HALF (5 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHEAST QUARTER CSE 1/4) Of SECTION 4, TOWNSHIP 21 SOUTH, RANGE 31 EAST, LESS ROAD RIGHT OF WAY, AND LESS. THE WEST 42.5 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF LOT 57, BARRINGTON ESTATES. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 62. PAGES 77 THROUGH 60, INCLUSIVE, IN THE PUBL.IC RECORDS Of SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4. TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY. FLORIDA; THENCE RUN SOO'21'31"E, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 521.38 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD NO. 434; THENCE ALONG THE NORTH LINE OF STATE ROAD NO. 434 THE FOLLOWING THREE COURSES; THENCE S69'ZZ'S'''W, A DISTANCE OF 206.37 FEET; THE:NCE: NOO'37'03"W, A DISTANCE OF 5.00 FEET; THENCE Se9"22'S7"W. A DISTANCE OF' 32.30 FEET TO A POINT ON THE EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4; THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE LINE RUN NOO'02'02"W, ALONG THE SAID EAST LINE OF THE WEST 425.00' OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 318.27 FEET TO A POINT ON THE SOUTH LINE OF AFORESAID PLAT OF BARRINGTON ESTATES, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHE:AST 1/4 OF THE NORTHEAST 1/4 Of THE SOUTHEAST 1/4 OF SAID SECTION 4: THENCE NB9'SO'13"E, ALONG THE SOUTH LINE Of" SAID BARRINGTON ESTATES AND NORTH LINE OF SAID SOUTH 1/2 Of' THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF' THE SOUTHEAST 1/4 OF SAID SECTION 4, A DISTANCE OF 236.88 FEET TO THE POINT OF BEGINNING.