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Home My WebLink About2005 01 05 Public Hearing 400 Ordinance 2005-02 Adopting A Small Scale FLUM AmendmentPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 400 January 5 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department -Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2005-02, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of an 1.95 acre parcel, located at 1136 Orange Avenue, from (Seminole County) "Suburban Estates" & "C'onservation" to (City of Winter Springs) "Town Center" & "Conservation Overlay" (on those affected areas). PURPOSE: The purpose of this request is to consider the request of Srinivas Chari & Ramani Kilambi for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for their property at 1136 Orange Avenue from (Seminole County) "Suburban Estates" & "C'onservation" to (City of Winter Springs) "Town Center" & "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 thf; 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. Authoritypurpose and intent; Section 15-36. Review criteria; r,~~F"f January 5, 2005 PiJBLIC HEARING AGENDA ITEM A Tlie recommendation of the staff review board shall be based on the following minimum factors, if applicable: (1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's budget, or the economy of the city or region; (2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities (3) 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; (4) 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; (5) 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; (6) 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 (7) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. Section 15-37. Local Planning AgencYReview 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, acid 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 LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Dec. 13, 2004- Adoption of annexation, to be effective Dec. 31, 2004 Jan. 5, 2005- P& Z Board (LPA) to hear the request and made recommendation to the Commission CONSIDERATIONS: A lpp icant - Srinivas Chari & Ramani Kilambi; 1136 Orange Avenue; Seminole County, Florida 32708 January 5, 2005 PUBLIC HEARING AGENDA ITEM A Owner - Srinivas Chari & Ramani Kilambi Parcel Number - 26-20-30-SAR-OB00-006A Acreage -approx. 1.95 acres General Location -The site is located at 1136 Orange Avenue, northeast of Central Winds Park and south of Lake Jesup. Legal Description - LEG E 150 FT OF LOT 6 BLK B DR MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 Chronology of Subject Property -Annexation Agreement was reached on February 23, 2004. Ordinance # 2004-46 annexing the property was adopted on December 13, 2004 with an effective date of Dec. 31, 2004. Existing Land Use -There is a single family residence on the site. The County Future Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM designations include the following: Development Trends - The site currently has a new single family residence. No changes are being proposed at this time. Proposed Future Land Use Classification -The proposed future land use map designation from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Town Center" and "(:onservation Overlay" (on those affected areas) is appropriate and compatible with the general character of the area. The 1.95 acre parcel is located immediately to other properties that are designated on the FLUM as "Town Center". 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 prevailing character of the area around the subject property, as well as evaluating the current land use and the future goals and objectives of the City and of the property owner. A Winter Springs "Town Center" designation most closely resembles the character of the area and maintains continuity with the adjacent properties in the City. Public Facilities - At this time no changes are being proposed. Therefore, the proposed future land use map designation change will have no impact on public facilities and services. If the site later (WS) Winter Springs; (SC) Seminole County January 5, 2005 PUBLIC HEARING AGENDA ITEM A develops at maximum density, the resulting number of lots would still have a negligible impact on public facilities and services. 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 supports the surrounding land uses and objectives for the future of Winter Springs. The requested future land use map designation is consistent with the surrounding areas. Natural Lands Compatibility- The site which is on Lake Jesup has some environmentally sensitive lands which are distinguished by the "Conservation Overlay" designation. Consistency With The Comprehensive Plan -Aland use designation for the parcel was not included on the City's Future Land Use Map, because the parcel was annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: (1;) The proposed amendment will have a favorable effect on the city's budget; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities; (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; (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 enclave aid enable the city 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; (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) An Evaluation and Appraisal Report (EAR) has not been issued by the State DCA. STAFF RECOMMENDATION: Staff recommends that the P&Z/Local Planning Agency hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2005-02, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 1136 Orange Avenue from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: Jan. 24, 2005- 1st Reading of Ordinance 2005-02 Feb. 3, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14, 2005- 2nd Reading /Adoption of Ordinance 2005-02 ATTACHMENTS: A. Ordinance 2005-02 including Map & Legal Description P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: January 5, 2005 PLBLIC HEARING AGENDA ITEM A ATTACHMENT A aRDTNANCE NO.20~5-oz AN ORDINANCE OF THE CTTY CONI~ITSSTON OF THE CITY OF WIN'T'ER SPRTN(~S, FI1()RII:)A, AI)()PTIN(~ A Si1r1A:LL SCALE FLU1Li AMENT}~'IENT TIY CHANGTi~1G THE FiJ`I'URE RANI) USE ~1AP I)ESIGNATI()N OF THE REAL PROPERTY CONSTII'UTTNC:~ ONE (1) PARCEL TOTALTNC I.~S ACRES TtiiORE t3R LESS ANT) LOCATED AT 1136 ORANFE AVENUE, TN WIN1'F.I2 SPRINGS, FLORIDA, ANT) 14TORE PARTICLIT.ARLY DEPICTED AND LEtiALLY DESCRIBED ()N EXHIBIT ~~A" ATTACHED HERETO, FR0~1>I SEMTNOLE COi1NTY "SUBURBAN ESTATES"AND i~CONSERVATION" TO CT1'Y OF ~'VINTER SPRINGS i~TOWN CENTER" AND ~4CONSERVATION OV ERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE RI~:PEAL OF PRIOR TNCONSTS'TEN7' ORDINANCES ANT) RESOLUTIONS, SEVERAI3II.ITY, INCORPORATION INTO THI, COMPREI-IENSIVE PLAN,AND AN EFFECTIVE DATE. WHEREAS, the future land use neap amendment en~l~oded in this Ordinance is a small scale anrenclment to the City of Winter Springs Comprehensive Plan in accordance with Section 163,3187(I)(c), Florida Statutes; and WHEREAS, the Local Planning Agt'ncy of the City of Winter Springs held a duly noticed public hearing on January 5, 21)05 in accordance with the procedures in Chapter 163, Part II Florida Statutes, an the proposed Comprehensive Plan Azrzendment and considered findings and advice of staff, citizens, and all interested parties submittizrf; written and oral comments and has recommended adoption to the City Commission; acrd WHF,REAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set Earth 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 Witmer Springs hereby finds that this Ordinance is in the hest interests of the public health, safety, and welfare of the citizens of Winter Springs. NOI~'4', THE RI;FORL, THE CT1'Y COIVI:MTSSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS T<'OLLOWS: City of winter Strrings Ordinance No. 2005-02 Page l of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM A ATTACHMENT A Section 1. Recitals. Tl~te foregaing recitals are true and. correct and are fully incorporated herein by this reference. 5ectan 2. Authority. This Ordinance is adopted in compliance with., and pursuant ta, the Local Government Comprehensive Planning and Land Develapmerlt Regulations Act.. Section 3. Purpose anal intent. It is hereby declared to be the purpose and. intent. of this Clydinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. AdoptonafAmendmenttatheFutureLandUseMap.TheCityafWnter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designat%r~g the real property depicted on Composite Exhibit oaAy> frarn Seminole County "Suburban. Estates" and "Conservation" to City of Winter Springs "Town. Center" anal ``Conservation Overlay" (an those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department ofCommunity Affairs. The City Manager ar his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan .Amendment to the Florida Department of Conununity Affairs, in accordance with Section. 163.3187(4), Florida Statutes, and Section 9J-1 1, Florida Administrative Code. Section 6. Repeal of Prror Inconsistent Qrdinances and Resolutions. All prior inconsistent ordinances and resolutions adapted bythe City Commission, orparts ofprior 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 balding shall net affect the validity of the remaining portions of this Ordinance. Section 8. InCarporatiou .into Comprehensive Plan.. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment sha11 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 foregaing. 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 Commtmity 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 or~iinaace Na, 2005-02 page 2 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM A ATTACHMENT A ar land use dependent on this Arnettdtrtent znay be issued or commenced before it has become effective. After and Pram 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 plait and the Amendments shall have the Legal status of the City of Winter Springs' Comprehensive Plan, as anzend,ec3. AL}4P'TED by the City Commission of the City of Witster Springs, Florida, in a regular meeting assembled. an the day of , 2005. John F. Bush, Mayor ATTEST: Andrea. Lorenzo-Luaces, City Cleriz Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney l?first Reading: Second Reacting: Effective Date: City of Winter Springs Ordinance No. 2U05-02 Page 3 of 3 January 5, 2005 PiJBLIC HEARING AGENDA ITEM A ATTACHMENT A ORDINANCE N0.2005-02 EXHIBIT "A" LOCATION MAP ~~ ,, tF i~'Y ~` -, ~f t tr L . J ~i i f +, f SUBJECT SITE - .~ ,..~ .. f }i ~+ 1 ~' `~ ~ ~ ~ ~ ~ ~~-~ ~ `~ ~t f 3~~~ ' ° ~. °°-~~ ~~. ; ~~~._ LLLLLL~~~~~ t _ ,. -~ ~-~ ~~~ ~ _° ter Sp ~~--v`~ H~9 p~~ol \ AE. J ~~ ;~, a' ~ ~~ r .~.~~• ~_ Lake. Jesup Parcel # 26-20-30-5AR-0600-006A Legal Description: THE EAST 150 FEET OF LOT 6 BLOCK B, DR MITCHELLS SURVEY OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: January 5, 2005 PiTBLIC HEARING AGENDA ITEM A ATTACHMENT A ORDINANCE NO.2005-02 EXHIBIT "A" Metes & Bounds Description: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6, BLOCK B, "D.R. MITCHELL'S SURVEY, OF THE LEVY GRANT ON LAKE JESSUP, ORANGE COUNTY, FLORIDA" AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA RUN S78°13'15"E ALONG THE NORTH LINE OF ORANGE AVENUE A DISTANCE OF 361.25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S78°13'15"E A DISTANCE OF 150.02 FEET TO A POINT ON SAID NORTH LINE OF ORANGE AVENUE ALSO BEING THE SOUTHEAST CORNER SAID LOT 6, THENCE DEPARTING SAID NORTH LINE RUN N14°50'39"E ALONG THE EAST OF SAID LOT 6 A DISTANCE OF 570 FEET MORE OR LESS TO THE WATERS OF LAKE JESSUP, THENCE DEPARTING SAID EAST LINE OF LOT 6, RUN NORTHWESTERLY ALONG SAID WATERS TO A POINT BEARING (N15°24'07"E AS MEASURED) N14°50'39"E FROM THE POINT OF BEGINNING, THENCE RUN (S15°24'07"W AS MEASURED) S14°50'39"W A DISTANCE OF 590.00 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID PARCEL HEREIN DESCRIBED CONTAINING 1.95 ACRES MORE OR LESS, ALL SITUATE AND LYING IN SEMINOLE COUNTY FLORIDA. CERTIFIED TO: SRINIVAS SAGAR CHART AND RAMANI KILAMBI, TOUSA HOMES, INC. dba ENGLE HOMES ORLANDO, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, WELLS FARGO HOME MORTGAGE, INC. bealesmith@cfl.rr.com P.O. Box 151633 Altamonte Springs, FL 32715-1633 407-331-5577