HomeMy WebLinkAbout2007 03 07 Public Hearing 202 Ordinance 2007-04
PLANNING & ZONING BOARD /
LOCAL PLANNING AGENCY
March 7. 2007
Meeting
Consent
Information
Public Hearing X
Regular
ITEM 202
REQUEST: The Community Development Department - Planning Division requests the Planning
& Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2007-04, adopting a
Small Scale FLUM Amendment changing the Future Land Use Map designation of an 8.8 acre parcel,
located on the north side ofSR 434, east of the entrance to Barrington Estates and 600' west of
DeLeon Street from (Seminole County) "Rural-3" to (City of Winter Springs) "Commercial".
PURPOSE: To resolve the fact that the subject property was never subsequently changed to a
Winter Springs' land use category after annexation from Seminole County in 2003 and to consider the
request of Stan Toledo for a Small Scale FLUM Amendment, changing the Future Land Use Map
designation for his property on SR 434, from (Seminole County) "Rural-3" 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 of the 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 of adopted comprehensive plan.
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions
Winter Sprine:s Charter Section 4.15 Ordinances in General
Winter Sprine:s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or
the economy of the city or region;
. March 7, 2007
PUBLIC HEARING AGENDA ITEM 202
(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, ifthe 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:
July 28.2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission
previously annexed the subject property pursuant to Ordinance 2000-36 on November 27, 2000;
however, Seminole County and the City of Oviedo challenged the annexation. On July 7,2003, the
circuit court quashed the ordinance and remanded the annexation to the City Commission for further
proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court
determined that the legal advertisement ofthe ordinance did not contain a legible map, however the
court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted
the findings of the circuit court supporting the City's right to annex the subject property, and annexed
the subject property on July 28,2003.
Feb. 13.2007- Application received for Future Land Use change and Rezoning.
Mar. 7. 2007- P& Z Board (LPA) to hear the request and make recommendation to the Commission.
CONSIDERA TIONS:
Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708
Owner - Stan & Judy To1edo,Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708
March 7, 2007
PUBLIC HEARING AGENDA ITEM 202
Parcel Number - 25-20-31-5BA-0000-0 190
Acreage - approx. 8.8 acres
General Location - The site is located on the north side ofSR 434, east of the entrance to Barrington
Estates and 600' west of DeLeon Street.
Legal Description - Lot 19, The Van Arsdale Osbourne Brokerage Co,'s Addition to Black
Hammock, plat Book 1, Page 31.
Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning
and FLUM designations include the following:
E\i'iting Land l W'i Zoning FLl "
Subject Site
Vacant, Undeveloped Requesting (WS) C-I
Neighborhood Commercial
_____fi"<:>~(~qA~~_______
Agriculture - Growing of A-3 Agriculture (SC) 10
Ornamentals Winter Springs
Requesting (WS)
Commercial from (SC)
Rural-3
Rural-3 (maximum of one
dweIling unit per 3 acres)
(SC) in Winter Springs
North
South
Vacant, Undeveloped
A-I (SC) Low Density Residential
(~C:::)m _ _.m
A (OV) Low Density Residential
_ ___mmmmm __mmmmm. ____ mm ___ _(QYJ
Requesting (WS) C-I Requesting (WS)
Neighborhood Commercial Commercial from (SC)
from (SC) A-IO Suburban Estates
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
East
Vacant, Undeveloped
West
Vacant, Undeveloped
Development Trends - The property immediately west ofthe subject property was annexed into
Winter Springs in February.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Rural-3" to Winter Springs "Commercial" is appropriate and compatible with the
general character and intensity oftraffic in this area. Other properties in Winter Springs in this area
have a future land use of commercial, with the exception of Barrington Estates.
Letters/Phone Calls In Favor Or Opposition - None to date.
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.
March 7, 2007
PUBLIC HEARING AGENDA ITEM 202
Public Facilities - Access is available from SR 434. SR 434 is classified as an urban arterial.
City sanitary sewer and potable water is currently less than 700 feet from the property. By extending
the 12" sewer line, it could 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.
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 behind. The
adjacent property to the west is also requesting a land use of Commercial. The nuisance potential of
the 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 ofthe 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.
Natural Lands Compatibility - No federally endangered plants are known to exist in the County.
However, it is essential that surveys of such species be completed prior to site development of parcels
containing native vegetation communities. 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.
About 75% of the site is constrained by wetlands. In addition, the developable portion of the site is
bisected by the wetlands. The Applicant seeks to connect the two portions ofuplands on the site to
reduce the need for two access points offofSR 434. This would impact the wetland areas, but would
serve a good transportation objective. Staff supports only minimal impact to the wetlands and desires
to see the wetlands ultimately placed in a conservation easement. The designation of a future land use
of Commercial to this site adds value to the site, which otherwise has little development potential.
The added value should enable the land owner to place the wetlands into a conservation easement.
The subject property is overall about twenty-five (25) feet above mean sea level and appears to be
outside 0 f the 100- year flood plain.
The soils on this property are (09) Bassinger, Delray fine sands; (10) Bassinger, Samsual, and
Hontoon soils, depressional; and (20) Myakka and EauGallie fine sands. Fill material will be required
to make these soils suitable for most urban uses.
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:
(I) The proposed amendment will have a positive effect on the city's budget when the property is
developed. Development into commercial will help to diversify the city's tax base.
(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,
March 7, 2007
PUBLIC HEARING AGENDA ITEM 202
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
of the city or the region as a result of the proposed amendment. If the wetlands are to be impacted,
mitigation will be required through the SJRWMD. Staff supports only minimal impact to the
wetlands and desires to see the wetlands ultimately placed in a conservation easement. In addition,
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-19.001, Florida Administrative code;
(5) The proposed amendment will resolve the fact that the land use was never subsequently changed
to a Winter Springs category after annexation from Seminole County in 2003 and 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
(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&Z/Local Planning Agency hold a Public Hearing and make a
recommendation to the City Commission related to Ordinance 2007-04, which adopts a Small Scale
Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject
property located on the north side ofSR 434, east ofthe entrance to Barrington Estates and 600'
west of DeLeon Street from (Seminole County) "Rural-3" [maximum I dwelling unit per 3 acres] to
(City of Winter Springs) "Commercial".
TENTATIVE IMPLEMENTATION SCHEDULE:
March 26,2007- 1st Reading of Ordinance 2007-04
March 29,2007- Public Noticing in Orlando Sentinel (10 days prior to adoption)
April 9, 2007- 2nd Reading /Adoption of Ordinance 2007-04
ATTACHMENTS:
A- Ordinance 2007-04 including Map & Legal Description
B- Current Future Land Use Map, January 2007
P&Z / LOCAL PLANNING AGENCY RECOMMENDATION:
ATTACHMENT A
ORDINANCE NO. 2007-04
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 8.8 ACRES MORE OR LESS GENERALLY
LOCATED ALONG WEST STATE ROAD 434 IN WINTER
SPRINGS, FLORIDA, AND LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "RURAL-3" 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 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 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:
Section 1.
Recitals. The foregoing recitals are true and correct and are fully incorporated
City of Winter Springs
Ordinance No. 2007-04
Page 1 of 3
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 "Rural-3" 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 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 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,
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
City of Winter Springs
Ordinance No. 2007-04
Page 2 of 3
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 , 2007.
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. 2007-04
Page 3 of 3
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EXHIBIT 'A'
Source: City of Winter Springs & Seminole County GIS Data, January 2007
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Legal Description:
Lot 19 (less road) The Van Arnsdale Osborne Brokerage Coo's Addition
to Black Hammock, Plat Book 1, Page 31
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