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HomeMy WebLinkAbout2005 07 06 Public Hearing 400 Ordinance 2005-20 Adopting a Small Scale FLUM AmendmentPLANNING & ZONING BOARD / LOCAL PLANNING AGENCY ITEM 400 July 6, 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 2005-20, adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of an 5.13 acre parcel, located at 820 S.R. 434, from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter Springs) "Commercial" & "Conservation Overlay" (on those affected areas). PURPOSE: The purpose of this request is to consider the request of Richard A. Jerman on behalf of Hope L. Shull for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for the property at 820 S.R. 434, from (Seminole County) "Suburban Estates" & "C'onservation" to (City of Winter Springs) "Commercial" & "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 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; ~r July 6, 2005 PUBLIC HEARING AGENDA ITEM 400 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-19.001, 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 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 LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: May 23, 2005- Application received for Annexation and subsequent Future Land Use change and Rezoning. June 27, 2005- Adoption of Ordinance 2005-19, annexing the property. July 6, 2005- P& Z Board (LPA) to hear the request and made recommendation to the Commission. CONSIDERATIONS: Ap lrp cant -Richard A. Jerman, 1750 W. Broadway Street, Suite 118 ,Florida 32765 Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765 Parcel Number - 04-21-31-300-0120-0000 Acreage -approx. 5.13 acres General Location -The site is located on the north side of SR 434, east of the Greeneway, across from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes. Leal Descri tp ion -LEG SEC 04 TWP 21S RGE 31 E W 1/2 OF NE 1/4 OF NW 1/4 OF SE'/< July 6, 2005 PUBLIC HEARING AGENDA ITEM 400 Chronology of Subject Property -The property was annexed into Winter Springs on June 27, 2005. Existing Land Use -The property contains two small (414 SF and 1183 SF) dilapidated single family homes and several other sheds/buildings. A car repair garage was housed in one of the structures at one time and remnants of that activity including old vehicles, equipment and other junk are strewn around the site. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: Development Trends - The current owner is an elderly woman who grew up on the property, inherited it, and resides there with her husband and son, until the sale the property is completed. Mr. Jerman, the Applicant has indicated that he would like to develop the property in the near future possibly as townhomes. Proposed Future Land Use Classification -The proposed future land use map designation from Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Commercial" and "Conservation Overlay" (on those affected areas) is appropriate and compatible with the general character of the area. Other properties in Winter Springs in this area have a future land use of commercial. Letters/Phone Calls In Favor Or Opposition -Received one inquiry regarding annexation from the property owner of the vacant parcel to the west. No correspondence has been received from any one opposing the land use change. 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 "Commercial" designation most closely resembles the character of the area and maintains continuity with the adjacent properties in the City. 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. 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. (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo July 6, 2005 PUBLIC HEARING AGENDA ITEM 400 Natural Lands Compatibili~ -The site which is adjacent to a large conservation area has some environmentally sensitive lands which are distinguished by the "Conservation Overlay" designation. _Consistency With The Comprehensive Plan -The proposed land use designation is consistent with the Winter Springs' Comprehensive Plan. FINDINGS: (1) The proposed amendment will not have an effect on the city's budget until such time as the property develops, because the taxable value of the property is $0, given its current homestead and "save our homes" exemptions; (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 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. The back of the site is wet. The current wetlands on the site will require mitigation through the SJRWMD. Several very large oak and hickory trees are located toward the front of the property The Applicant will be required to comply with the City's Tree Protection and Preservation Code Although the existing homes on the site are very old (built in 1916 and 1938) they are also very dilapidated and have not been identified as structures of historic significance; (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 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; (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) will not be 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 2005-20, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 820 S.R. 434 from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Commercial" and "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: Aug. 8, 2005- 1st Reading of Ordinance 2005-20 Aug. 11, 2005-Public Noticing in Orlando Sentinel (10 days prior to adoption) Aug. 25, 2005-2nd Reading /Adoption of Ordinance 2005-20 ATTACHMENTS: Ordinance 2005-20 including Map & Legal Description P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: ORDINANCE N0.2005-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 5.13 ACRES MORE OR LESS AND LOCATED AT 820 STATE ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A"ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES"AND "CONSERVATION" TO CITY OF WINTER SPRINGS "COMMERCIAL" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); 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 July 6, 2005, 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 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 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. 2005-20 Page 1 of 3 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated 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 "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 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(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances andresolutions adoptedbythe CityCommission, 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 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 adoptedbythis 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 maybe 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), 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 final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, City of Winter Springs Ordinance No. 2005-20 Page 2 of 3 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 Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2005. 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. 2005-20 Page 3 of 3 July 6, 2005 PUBLIC HEARING AGENDA ITEM 400 LAND USE CLA881FICAT!ON LEGEND -` . l , L 7cry aY Pe 41e ~fa~ ,~c. u, .., ~ id«xM ; lee t R rt e,Nw ;ai aa.c r. oaz ~., ~ :n!or:hartpe yry7h DerpH 'fewn ^anter ^ I:SPlVdf!6!1 !fIf1U5:rla"N R x;eni^x' Wud+s .'Semi-P:RYx. .t:M .l~+n SR,q:O C.'tx16e'YeSDIf ~i EY1aY LEGAL DESCRIPTION: LEG SEC 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE'/ METES & BOUNDS DESCRIPTION: (Description as provided by Old Republic National Title Insurance Company File No 152042262) Lot or Tract No. 3 of McElroy's 5 acre farms, described as follows: Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW '/. of the NW '/< of the SE '/< of Section 4, Township 21 South, Range 31 East, said point being on the North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said road; and thence West along the North boundary line of said road 330.2 fee to the point of beginning; being five acres, more or less. All lying and being in Seminole County, Florida. FUTURE LAND USE MAP- JUNE 2005