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HomeMy WebLinkAbout2005 02 01 Public Hearings 400 Ordinance 2005-04 Small Scale Comprehensive Plan AmendmentPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 400 February 1, 2005 Meeting Consent Information Public Hearin X Re ular REQUEST: The Community Development Department- Planning Division requests that the Planning & Zoning Board/Local Planning Agency as a corrective action, hold a Public Hearing to consider a Small Scale Comprehensive Plan Amendment (Ordinance 2005-04) changing the current Future Land Use Map designation from "Low Density Residential" to "Commercial" for one (1) parcel located at the northeast corner of Parkstone Blvd. and SR 434, within the Parkstone PUD. Parkstone had a "Mixed Use" Future Land Use Map designation at the time the project was being master planned in 1995. At some point the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. PURPOSE: The Approved Parkstone Master Plan for the PUD provides certain entitlements to subject parcels which are not reflected in the current Future Land Use designation of "Low Density Residential." The applicant has initiated the request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation to "Commercial" so that the existing vacant property can be developed into a C-1 Neighborhood Commercial use. This request is consistent with the approved 1997 PUD Master Plan documents. 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. ;~ January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 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: CHRONOLOGY: Apr. 21, 1995-Application for Zoning change from RU to PUD and Master Plan submitted. Records document that a "Mixed Use" FLUM designation was in place. Aug. 28, 1995-Commission approved Master Plan Sept.25, 1995-Commission adopted Rezoning from RU to PUD Sept. 3, 1997- P&Z approved Master Plan Revision reducing Tract C from 13 to 2 acres and re- designating Tract C & D from Flexible Land Use to Neighborhood Commercial and Professional Office Jan. 12, 2004- 2°d Reading/Adoption Public Hearing of Lg Scale FLUM corrective action for three (3) parcels located at the northwest corner of Parkstone Blvd. and SR 434, within the Parkstone PUD, Ordinance 2003=35. Dec. 26, 2004-Public Noticing in Orlando Sentinel of LPA Public Hearing Jan. 5, 2005- P& Z Board (LPA) heard the request and did not make a recommendation Jan. 21, 2004-Public Noticing in Orlando Sentinel of LPA Public Hearing CONSIDERATIONS: Applicant - Gary Gamble Owner- Gary Gamble 462 Mangrove Ct.; Lake Mary, FL 32746 Phone: 407- 333-1602 Parcel #s: - 35-20-30-SPH-OD00-0000 Acreage- 1.75 acres General Location -The property is located on the northeast corner of Parkstone Blvd. & SR 434 in the Parkstone PUD in the center of the City. Legal Description - Tract D of Parkstone Unit 1, Plat Book 56, Page 17 thru 21. Chronolog object Property -The Parkstone PUD project was originally submitted and approved in 1995. At that time, City records indicate that the Parkstone properties had an existing Future Land Use Map designation of "Mixed Use". The Master Plan was revised and approved in 1997 identifies that this tract may include the following uses: a. Those uses permitted in the C-1 Neighborhood Commercial District b. Professional Offices Additionally, the Final Subdivision Plan was approved in Jan. 1998 and provided certain entitlements to the subject property for Neighborhood Commercial or Professional Office and the phasing documentation acknowledged that the subject parcels would be developed as market conditions warrant. January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 Existing Land Use -The parcel is currently undeveloped, vacant property. It is anticipated that the development of the subject property will proceed after the corrective action amending the large-scale comprehensive land use is approved. Development Trends -Rapid infill development along SR 434 is taking place in the area of the subject property. Development of the subject property continues this trend. Proposed Future Land Use Classification -The current ("Low Density Residential") Future Land Use is inconsistent with the intent of the PUD for the out parcels along SR 434. The proposed future land use map designation of "Medium Density Residential", as requested by the Applicant, is appropriate and compatible with Parkstone's 1997 amended Master Plan and is appropriate and compatible with the adjacent land uses. Letters/Phone Calls In Favor Or Opposition -None as of Dec. 20, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues that staff analyzed in reviewing this application: Justification for Future Land Use Designation -The Applicant is requesting the land use change to allow the construction of a C-1 Neighborhood Commercial use including Professional Office. Although the current Future Land Use Map designation is "Low Density Residential", the approved PUD Master Plan, revised Master Plan and Subdivision Plan allowed for Neighborhood Commercial use on this parcel. At some point, due to a scrivener's error, the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. The Applicant's request for "Commercial" is consistent with the PUD entitlement. This request is appropriate given the prevailing character of the immediate area, the surrounding land use, and the future goals and objectives of the City. Public Facilities -Winter Springs has the necessary facilities in place to support the development of this site in a C-1 Neighborhood Commercial use including Professional Office. The entrance to the site is off of Parkstone Blvd. Nuisance Potential Of Proposed Use To Surrounding Land Uses - As part of the approval process for Parkstone in 1998, the developer was required to construct a solid 6' brick wall as part of the first phase of development along the perimeter of the subject property. This wall provides a visual barrier from SR 434 to the single family development and was intended to buffer the residences from the future commercial use. Setbacks and landscaping will further buffer residents adjacent to the development. Natural Lands Compatibility - A portion of the Parkstone PUD (along Lake Jessup) is already designated as conservation on the Future Land Use Map. No changes are proposed to the conservation area. January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 The subject property was cleared for construction previously, so there are no trees on the subject property. The property does not include any wetlands and there are no environmental concerns known. The property is relatively flat and is not subject to flooding and does not have any historic significance that has been recorded. Consistency With The Comprehensive Plan - The application for a Small Scale Comprehensive Plan Amendment changing the Future Land Use map designation is found to be in compliance with the Goals and Objectives of the Winter Springs Comprehensive Plan. FINDINGS: The proposed amendment: (1) Will have a favorable effect on the City's economy; (2) Will not diminish the level of service (LOS) of public facilities; (3) 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) 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) Will not unduly burden public facilities. The city is able to provide adequate service from public facilities to the affected property. (6) Will not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important to the public health, safety, welfare, economic order, or aesthetics of the City or region. The proposed amendment is consistent with the PUD Master Plan; (7) Will not cause the comprehensive plan to be internally inconsistent; (8) 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) will not be issued by the State DCA. STAFF RECOMMENDATION: Staff recommends that the P&Z/Local Planning Agency (as a corrective action) hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2005-04, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at the northeast corner of Parkstone Blvd. and SR 434 (within the Parkstone PUD) from "Low Density Residential" (City of Winter Springs) to "Commercial" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Jan. 24, 2005- 1st Reading of Ordinance 2005-04 Feb. 3, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 14, 2005- 2nd Reading /Adoption of Ordinance 2005-04 ATTACHMENTS: A- Ordinance 2005-04 including Map & Legal Description LOCAL PLANNING AGENCY ACTION: January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 ATTACHMENT A ORDINANCE 2005-04 C)RDINANC'E N0.2005-p4 AN ORDINANCE OF THE CITY Ct)l~II~IISSION OF THE CITY OF ~i'INTER SPRINGS, FLORIDA, ADC)PTINC. A SM:1LL SCALE CO~~II'RI:HF.NSIVI: PIIAN FLCi1~I :1N1F,NDNfF.NT BY CHANGING THE FIITITRE LAND USE 1\Zr1Y DESIGNATION OF THE REt1L PROPERTY' CONSTITUTING ONE (I}PARCEL TOTALING L75 ACRES 1~10RE ()R LESS ANi) LOCt1TEI) EAST OF PARKSTONE BOULEVARD AT STATE ROAD 434 IN ~i'INTI~;R SPRINGS, FLORIDA, AND i4°I()RE PARTICULARLY' I)EPICTEI) ANI) LEGALLY DESCRIBED ON EXHIBIT "A" r~TTr1CHED HERETO, FROM CITY OF ~'VINTER SPRINGS ~`LO~~' DE>\'SITY RESIDENTIAL" TO CITY' OF WINTER SPRINGS `t(:'t)t~-I~4fERCIAI.;" PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORI'OIt~~~TION INTO THE C011~IPREHENSIVE PLAN,AND AN EFFECTIVE DATE. WHEREAS, the future land use trap atnendn~entetnbodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensi~,~e Flan in accordance with Section lt~i..i187(1){c}, Florida Statutes; and ~'4'HEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on January S, ?t305 in accordance with the procedures in Chapter i ~~i, Part II, Florida Statutes, can the proposed Comprehensiti~e Plan Amendment and considered findin~*s and advice of staff, citizens, and all interested parties si~bn7itting written and. oral conitnents and leas recotnnlended adoptit~~n to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a dctly noticed public hearing on the proposed amendmenC set forth hereunder and considered findings and advice. of staff, citizens, anti. all interested parties submitting t~~ritten and oral comments anti supporting data and analysis, and after eoniplete deliberation, hereby approves and adapts the Comprehensive Plan Art~endna~nt sot forth hereunder; and. V4'HEREAS, the City Commission of the City of Winter Sprixlgs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Wintc;r Springs. NO~'4', THEREFORE, THE CITY COMl1~'IISSIOIVT OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLI.OVVS: city o#' winter Springs Clydinance No. 20t7S-(k3 Page 1 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 ATTACHMENT A ORDINANCE 2005-04 Sectiortl. Recitala.Theforegoiugrecitalsar•etrueandcorcectandarefullyitcorporated herein by this reference. Section 2. Autht.trity. This Ordinance is adopted its compliance with, and pursuant to, fire Local. Crovernment Comprehensive Planning and Land Development ltcgulations 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 Cit}~ of y4'inter Springs' Comprehensive Plan. Section 4. Adopttan ofi`Ameudt~~ent to the Future Land Use i~~lap. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicters on Composite Exhibit "A" tram City of Winter Springs "'Low Density Residential" to Cit}= of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Department. of C'on~mutiit~r flf~airs. The City Manager or his clcsignee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Anrendrnent to the Florida Department of Community Affairs, in accordance 4vith Section 1b3. ~1&7(4), Florida Statutes, and Section 3J-11, Florida Administrative Code. Section (. Repeal of Prior Inconsistent t?rclinances and Resr~littions. _411 prior inconsistent ordinances and resolutions adopted by the City Commissicm, or parts otprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severablity. 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, proeeclural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall trot affect the validity of the rerlraining portions cif this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effectiv°e~ date of the C'.omprehensivePlan Amendment. adopted by this Ordinance, said Amendment shall be incorporated ir?ao 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. Et~ective Date a~~d Legal Status of the Plan An"iendment. The effective date of this Ordinance shall. take effect thirty-one (3l) days after adoption, in accordance with Section 1C~3.~3187(3)(cj, unless challenged within thirty (3t)) days after adoption of this Ordinance, then this Ordinance sha11 become effective at such time as the Florida Depar-trnetrt of Community Affairs or the Administration Comn~tission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development. permits, City <~f Winter Springy Ordinaace tV~. 2fJO5-04 gage 2 oP :i January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 ATTACHMENT A ORDINANCE 2005-04 or lama use dependent on this A~~lendr_>tent may be issued or c~~~mniencei~i he('~n~e it h:as become et`fective. After and front the effective date of Chis Amc-ailment, the Cornprehen~ive Flan Arnendme~nt set fortt7 herein shall arnerni the City of Winter Springs' C:~~>mprehensive Plan and become a part of that plan and the t~merid~rtents shall have the legal status of the City of Winter Sprin~xs` Coinpi~ehensive Plan, as amended. r~I)OP'I'ED by 'the City Comntissit7n of the City of Winter Spr.ir~gs, Florida, in a regular meeting assen-~bled on the day of , 2~f)5. ~~TTFST: ,lohn I'. Bush, Mayot• Andrea I.,orenzo-Luaces, Cit}~ Clerk Appro~~ed as to legal farm anal suf~ricnry ft:-r the City of l~~inter Springs only: :~nthony A. Garganese, Ci#y tlttorney° First Reading: Second Reading: Effecti~~e Date: Gi[y of ~~inter Springs C?rdinu~ce 1Vn. 2005-44 Page 3 of 3 January 5, 2005 PUBLIC HEARING AGENDA ITEM 400 MAP ATTACHMENT A ORDINANCE 2005-04 Exhibit A ~~ Sly BJ E+T SITE 1 ~ ~~ ~ ~ ~ .PRIM ~ ~ t ~' i 1 i ~ ~ ~ ,ti ~ 1 :-~ ~~ \~ _, ~- i ~l'~ 1 t ~ f 1 ~ t ~ f _~. - ~t /~ Y ! (7~ 4 ~ OS 1 z ~ < 2hi~y~ ,,~; .,I(y~' !' ~--. ~,A --, C1UT ' <, ~~ 1 ~- % ko ~ _ h `3rd\~ _ , ,g in _ ~ ~ ~ ~ r ~ /' '~ _. r j j ~ / ~ ~, A ~ ~~ i , i ~ . _ x ~ ~ { ~ ~ i' 1 ~ ~ 4hR - A L '.. (, ~ r" ~ ~~ Central Winds Park '" ~ i `r„ ~ ,• e -.~ ~ ~, - .,.. m _ t_, _~ . __ 7 __ -~ tile~~~§ . _. -, ~. ~ . ~ ~ ~ ~- - a --_ ~ ~ _ _..~-, aTATE R~AA 4"~ ___.~..- r, t` ~. 1 ~ K~ ~ i` . ~ ~ A. "'... S~ ~ ~' _~ .,. ~~ ~~~~~~ F~ ~ 1 z ~ '~~~ f#nAEE '1 ~ 7 ;~ ~` FTA~ _ .gip. . _.. c' , - ~.. ~~ 14 ~. ~,_ , LEGAL DESCRIPTION Tract D of Parkstone Unit 1, Plat Book 56, Page 17 thru 21.