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Home My WebLink About2006 10 04 Public Hearing 203 High Density Residential Text Amendment COMP.pPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 203 Public Hearing X October 4, 2006 Meeting REQUEST: The Community Development Department – Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2006-16, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-04) which reconciles conflicting language related to the maximum density allowed under the Land Use classification of “High Density Residential”. ______________________________________________________________________________ PURPOSE: To reconcile conflicting language in the Future Land Use and Housing Elements related to the maximum density allowed under the Land Use classification of “High Density Residential”. This action will affect locations designated on the Future Land Use Map as “High . Density Residential”There are approximately 257 acres which are currently designated as “High Density Residential” on the current Future Land Use Map. 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 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 Agency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall OCTOBER 4, 2006 PUBLIC HEARING AGENDA ITEM 203 PAGE 2 OCTOBER 4, 2006 PUBLIC HEARING AGENDA ITEM 203 PAGE 3 October 4, 2006 PUBLIC HEARING AGENDA ITEM 203 Although the maximum density appeared to be revised to 12 dua as a response to the DCA’s comments, the language transmitted to the State with the adopted Future Land Use Element and Housing Element of the Comprehensive Plan on May 13, 2002 included conflicting language related to the maximum density allowed under “High Density Residential”. Although it was indicated that Policy 1.1.1 was being changed to 12 dua, it was not changed. There are currently three places in the Future Land Use Element where “High Density Residential” is described with a maximum of 12 dwelling units per acre. There are currently four places in the Future Land Use Element and Housing Element where “High Density Residential” is described with a maximum of 21 dwelling units per acre. If the High Density Residential classification were to be limited to 12 dua, it would effectively downzone 78.81 acres containing a total of 1135 units (see Attachment A). The corresponding Future Land Use Map did not stipulate the density range of “High Density Residential”, although it clearly consolidated the former “Higher Density Residential” and “Urban Density Residential” into “High Density Residential”. In June 2003, the Future Land Use Map legend was revised to show the consolidated categories approved by the EAR Based Amendments to the Comprehensive Plan and the density ranges of each residential classification. “High Density Residential” was given the density range of 9.1 to 21 dua as described in Table I-2: Future Land Use Table. Although the consolidation of the two categories into one category with a density range of 9.1 - 21 dua, does increase the allowable density on properties previously held to 12 dua, these properties are fully developed and unlikely to be considered for redevelopment at a higher density any time within the foreseeable future (see Attachment A). Therefore, the change in allowable density is not expected to have any impact on public facilities or the City’s natural resources. Additionally, it might also be argued that these properties (developments) are now vested at the higher density, given the current language of the Comprehensive Plan and the Future Land Use Map. Therefore, it is appropriate that the maximum density for the High Density Residential classification be twenty-one (21) dwelling units per acre. FINDINGS: This action will affect locations designated on the Future Land Use Map as “High Density . Residential”There are approximately 257 acres which are currently designated as “High Density Residential” on the current Future Land Use Map; The current Future Land Use Map (FLUM) designates “High Density Residential” as 9.1 - 21 dua. The Map currently designates 257.10 acres as “High Density Residential”; The Future Land Use Element and Housing Element describes “High Density Residential” as having a density range of 9.1 - 21 dua in four places and as having a density range of 9.1 - 12 dua in three places; Prior to the EAR-Based Amendments adopted in May 2002, a total of 78.81 acres were designated “Urban Density Residential” with a density range of 12.1 - 21 dua. (See Attachment A). These were developed prior to 1990, with the exception of Golf Pointe - 4 - October 4, 2006 PUBLIC HEARING AGENDA ITEM 203 Apartments which received initial approval during the 1990’s, but has only recently been completed; If the High Density Residential classification were to be limited to a density of 12 dua, it would effectively downzone 78.81 acres and make 1135 multi-family units non-conforming properties (see Attachment A); All areas designated “High Density Residential” on the FLUM are developed; No vacant land is designated “High Density Residential”; Given these findings, it is appropriate that the “High Density Residential” classification be amended in the Future Land Use Element to be described as: “High Density Residential - (9.1 to 21 units per gross acre)”; The proposed amendment will not diminish the city's budget, or the economy of the city or the region; The proposed amendment does not reduce the level of service (LOS) of the City’s public facilities; There will be a continued favorable impact on the environment of the city as a result of the proposed amendment; The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; The proposed amendment promotes the cost effective use of public facilities; The proposed amendment does not affect compatibility with surrounding neighborhoods and land use given that the properties are already developed; The proposed amendment does not cause the City’s Comprehensive Plan to be internally inconsistent. The proposed amendment does not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. STAFF RECOMMENDATION: Staff recommends that the P&Z/Local Planning Agency hold a Public Hearing and recommend adoption to the City Commission related to Ordinance 2006-16, a Large Scale Comprehensive Plan Text Amendment (referenced as LS-CPA-07-04), which revises the text that describes the High Density Residential classification to read “High Density Residential - (9.1 to 21 units per gross acre)”, based on the Findings enumerated above. IMPLEMENTATION SCHEDULE: Oct. 12, 2006- Public Noticing in the Orlando Sentinel of the City Commission Transmittal Hearing Oct. 23, 2006- Transmittal Hearing for Large Scale Comprehensive Plan Text Amendment to the Future Land Use Element (Ordinance 2006-16) - 5 - October 4, 2006 PUBLIC HEARING AGENDA ITEM 203 Oct. 30, 2006- Transmittal to DCA Jan. 22, 2006- Anticipated Adoption Hearing Date ATTACHMENTS : A. Analysis of Properties/Developments previously designated “Urban Density Residential” and “High Density Residential” B.Ordinance 2006-16 (title only) C.Text from the Comprehensive Plan utilizing the term “High Density Residential” with proposed revisions. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: - 6 - OCTOBER 4, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT A October 4, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT B ORDINANCE NO. 2006-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CPA-07-02, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS NINETEEN (19) PARCELS OF LAND, CONTAINING 37.08 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ON JETTA POINT ROAD ON THE SOUTHWEST CORNER OF STATE ROAD 434 AND THE GREENWAY, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT “A,” ATTACHED HERETO, FROM WINTER SPRINGS “COMMERCIAL” OR “MEDIUM DENSITY RESIDENTIAL”TO CITY OF WINTER SPRINGS “RECREATION AND OPEN SPACE”; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. - 8 - October 4, 2006 PUBLIC HEARING AGENDA ITEM 203 ATTACHMENT C OCTOBER 4, 2006 PUBLIC HEARING AGENDA ITEM 203 TABLE 1 - 2 FUTURE LAND USE TABLE OCTOBER 4, 2006 PUBLIC HEARING AGENDA ITEM 203