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HomeMy WebLinkAbout2004 02 04 Public Hearings Item A-1 Planning & Zoning Board / Local Planning Agency AGENDA ITEM 1 February 4,2004 Meeting Consent Information Public Hearine X Regular REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/LP A hold a Public Hearing related to Ordinance 2004-05 which adopts a Small Scale FLUM Amendment by changing the Future Land Use Map designation of 8.9 acres (mo're or less), located at 900 East SR 434 adjacent to Central Winds Park, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two parcels recently annexed into the City from Seminole County. The City is initiating the change as the applicant and as the property owner. . 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. (c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions: I. The proposed amendment involves a use of 10 acres or fewer and: a. The cumulative annual effect of the acreage for all small scale development amendments adopted , Feb. 4,2004 PUBLIC HEARING AGENDA ITEM by the local government shall not exceed: en A maximum of 120 acres... b. The proposed amendment does not involve the same property granted a change within the prior 12 months. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern. . . f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre... 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for such plan amendments if the local government complies with the provisions in.. .s. 166.041(3)(c) for a municipality. If a request for a plan amendment under this paragraph is initiated by other than the local government, public notice is required. b. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy... Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. (3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance... Winter Sprin2:s Charter Section 4.15 Ordinances in General. Winter Sprin2:s 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 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 staffreview board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Sept. 30, 2003-Property purchased by the City of Winter Springs for the purpose of expanding Central Winds Park. Dec. 2003- Property posted with signage Noticing Upcoming Meetings Jan. 12,2004- Property Annexed into Winter Springs by Ordinance 2003-42. Jan. 25,2004- Public Noticing in Orlando Sentinel ofLP A Public Hearing Feb. 4,2004 PUBLIC HEARING AGENDA ITEM Feb. 04, 2004- P& Z Board (LP A) to hear the request and make recommendation to the Commission CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - City of Winter Springs Parcel Numbers - 26-20-30-5AR-OCOO-0030 & 26-20-30-5AR-ODOO-0030 Acreage - approx. 8.9 acres General Location - The site is vacant and is located adj acent to the west side of Central Winds Park at 900 East SR 434 and previously was referred to as the "Wincey tract". Legal Description - The East 12 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida. Existing Land Use - The property is currently vacant, although previously it had a mobile home, barn and gazebo on the site. The adjacent land uses, zoning and FLUM designations include the following: -_ Existing La~d ~ses~ 1 Zoning \ " FLUM Subject Site Vacant, Undeveloped A-I (SC) SE- Suburban Estates (SC) ._..N.H_.H._._._._._...._._...._...._._.._...__......~.. ri.............__,.................._..................................................... ....................... ..M...... ............................. ...................... ....... .................................. .........._._.........._......................_..........__.R.....__......U.N............................. North Lake Jesup - - __.........................._......__ ........................ ...._............................__,................................_.M........................................... ...................... ................ ............... ......... ..................._......._......._......... .._...._._._._...._.........._._.__._._..._._._...._._.___._......._._....__..._.__... South Single Family Residential C-l (WS) Commercial (WS) _..._._._._._._...._._._..._......._........_._...__._._._...............u.._..._..__.. ....._ ..... ........................................_........ ........................._._...._......._.... ._._._._._._._._._._.__.__.__.._.__._...._..........__._.__._...._.......__....... East Central Winds Park Town Center (WS) Town Center (WS) ...._._._.__._...._._.......................__.u..........._..._............... ......... ........ .................................. ................_..................._......................_._......_........ _.__._......_._......____...._......._......_.............................._..._................ West Single Family Residential A-I (SC) SE- Suburban Estates (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The City purchased the subject site for the purpose of expanding Central Winds Park (approx. 5.3 acres) and as a future site to process and store reclaimed water from Lake Jesup (approx. 2.2 acres) and for a connection road (1.3 acres). The acquisition of this property completes the Master Plan of property expansion for Central Winds Park as recommended to the City Commission by the Central Winds Expansion Advisory Committee in April 2002. A $200,000 State FURDAP Grant provided the balance of funds needed to fund the acquisition. The future utility area has been designated by the Commission as the temporary site for the City of Winter Springs Paw Park. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Suburban Estates" to Winter Springs "Town Center" is appropriate and compatible with the general character of the area. Letters/Phone Calls In Favor Or Opposition --'- Several inquiries were received from the general public, but no one voiced any opposition. 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 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM well as evaluating the current land use and the future goals and objectives of the City. A Winter Springs "Town Center" designation most closely resembles the character of the area (including Central Winds Park, City Hall and Winter Springs High School which also have the Town Center designation and maintains continuity with these properties which are adjacent. Public Facilities - The ability to expand Central Winds Park into this property, complete a circular traffic artery to provide better access and improved traffic control, additional parking, and a site for the water reclamation facility will have a positive 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 - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not included on the City's Future Land Use Map, because the parcels were Annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. STAFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board / Local Planning Agency hold a public hearing related to Ordinance 2004-05, which adopts a Small Scale FLUM Amendment by changing the Future Land Use Map designation on the subject property at 900 East SR 434, from "Suburban Estates" (Seminole County) to "Town Center" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 4, 2004- Planning & Zoning Board! Local Planning Agency Mtg. Feb. 23, 2004- I sl Reading of Ordinance 2004-05 ATTACHMENTS: A. Central Winds Park Expansion Area Plan B. Ordinance 2004-05 includingMap & Legal Description PLANNING & ZONING BOARD / LPA ACTION: Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT A Central Winds Park Expansion Area Plan LJ\I\.E JI;So;UP SR. 4;14 r,1 \I,U 1'1tA II.. 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CENTRAL WINDS PARK, EXPANSION AREA CITY OF \'(IrNTER SPRINGS, PARKS & RECRE.ATION DEPARTMENT Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT B ORDINANCE NO. 211114-115 AN ORDINANCE OF THE CITY C(}!VI!VnSSl0N OF THE CITY OF \VINTER SPRINGS, FLORIDA, ADOPTJNG A SNIALL SCALE :FLUM AMENDMENT BY CHANGING THE FUTURE LAND USI~ MAP DESIGNATION OF THE REAL PROPER'fY CONSTITUTING A PARCEL OF NINE (.9) ACRES lVrORE, OR LESS AND LOCATED \VlTHIN SEMINOLE COUNTY, FLORIDA, AND LEGALLY D.ESCRIBED AS EAST Y2 OF LOT 3, BLOCK C, AND EAST ~'2 OF LOT 3, BLOCK D, OF MITCHEL US SURVEY OF LEVY GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PIJBLIC RECORDS OF SEMINOLE, COUN"fY, FLORIDA, INCLUJ}ING THAT POR'nON OF ORANGE AVENUE THAT INTERSECTS THE T\\"O LOTS, AND GENERALLY LOCATED ON STATE ROAD434 ADJACENT TO CENTRAL WINDS PARKAND MORE-PARTICULARLY IJESCRIBED ON .EXHIBIT II A II ATTA CHED I-IERETO :FROM SEMINOLE COUNTY "SE.-sunURllAN" TO CITY OF WINT.ER SPRINGS ';TOWN CENTElf'; PROVJD.ING .FOR THE REPEAL OF PRIOR INCONSISTENT ORDINA NCES AND RESOLUTI:ONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENS.IVE PLAN,AND AN.EFF:ECT.IVE DATE.. WHEREAS, thefutul'e land use map amendmentembodied in this Ordinance is a small scale amendment to the City of \Vinter Springs Comprehensive Plan ill accordance with Section 163.3187(1)(c), Florida Stat1ltes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on February 4, 2004, in accordance with the procedures in Chapter 163, Part 11, Florida Statutes, on the proposed Comprehensive, Plan Amendment and considered t1ndings and advice of staff, citizens, and an interested pat1ies submitting wlitten and oral comments and has recommended adoption to the City Coinmission; ancl Cit)' of Winter Sprlngs Ordinance No. 2004-05 Page L of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT B \VHEREAS, the City Commission of the. City of Winter Springs held a duly noticed public hearing on the proposed amemJ ment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting wlitlen and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehe,nsive 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, ami welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY C01\fM]SSION OF THE CITY OF WINTER SPRINGS HI~RE.BY ORDA INS, AS FOLLOWS: Sedioll L Redtals. The foregoing recitals are true and correct and ,-u-efully incorporated here.in by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, ami pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Sedloll 3. Purpose' <lnd Intent. It is hereby declared to be the PUlvose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwi se further theprovisions of the, Ci ty of Winter Spl1 ngs' Comprehensive Plan. SN'.t[on 4. Adoption orAIl1~ndll1(~nt to the Future Land Us(dVhlp. TheCity of Winter Springs' Compre.hensive Plan, Future Land Use Map, is hereby amended by designating the real prope11.y depicted onE,xhlbit "}\" from Seminole County "SE-Suburban" to CityofWinterSplings "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by th.is refen:'.I1ce. Ciry ofWinteJ' Springs Ordinance NQ. 2004-05 Page 2 of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT B Section 5. Tnlllsllllttal to the Dt'.partlllcnt of COnU1lllnlty Affairs. The City Manager or his desil!nee is herebv c1esi!!nated to si!!n a let1er transmittinl! the adopted Coml)rehensive Plan ...... 01' '-~...' u Amendment to the FIOlida Department of Community Affairs, in accordance with Section 163.3187(1)( c)( 4), Florida Statutes, and Section 9J -11, Rorida Administrative Code. St~ction 6. Rcpeal of Prior Inconsistcnt Ordinanccs and Re.'.;olutions. . All prior inconsistent ordinances and resolutions adopted by the City Commission, orpar'ts of pJiorordinances and resolutions in conflict herewith, am hereby repealed to the extent of the conflict. Section 7. Sevt'.I'ahillty. 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 competentjuriscliction, 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. S(~ctlon 8. Incorporation into COlllprdwnsive Plan. Upon the effective date of the Comprehensive Plan Amend ment 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 necessal)' to effectuate the foregoing. Section 9. EU('ctive Date and Legal Status of' the Plan Amendm('nt. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section 163.3 1 87 (3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at suc.h time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Cit)' of Winter Springs Ordlnance No. 2004"()5 Page 3 of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT B Comprehensive Plan Amendnlcnt is in compliance. No developmenrorclers,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 Comprehensive Plan Amendment set forth herein shall amend the City of \Vinter Springs' Compre.hensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of \Vinter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of \Vinter Splings, FloIida, in a regular meeting assembled on the _ clay of ,2004. .John F. Bush, Mayor ATTEST: Andrea LOI'(~ll:lO. LUflees, City Cl(~rk Al>l>ro\,('() as to I(lg:ll form mHl sulllciellcy for the City of 'Vinter Springs only: Anthony A. Gargmwse, City A ttorm.y- First Reading: Second Reacting: Effective Date: O:I.Do:.II,City ofWintcr Springs\Ordin:lnces\'Sm:1H SC:lkH.UI\'12004-05.wpd City of Winter Springs Ordillalll'"e No. 2004-0:5 Page" of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT B ORDINANCE NO. 2004-05 EXHIBIT "A" LOCA TION MAP ,OlT ", OUT LEGAL DESCRIPTION The East Y2 of Lot 3, Block C and the East Y2 of Lot 3, Block D and the portion of Orange Avenue lying adjacent thereto, Mitchell's Survey of Levy Grant on Lake Jessup as recorded in Plat Book I, Page 5, Public Records of Seminole County, Florida, being more particularly described as follows: Begin at the intersection of the West line of the East 12 of said Lot 3, Block D and the Northerly right-of-way line of the CSX Railroad (Lake Charm Branch Rail Corridor) as described in Official Records Book 3609, Page 241, Public Records of Seminole County, Florida; thence N Od35'58" E along said West line, and along a Northwesterly projection thereof and along the West line of the East Y2 of said Lot 3, Block C a distance of 1499.69 feet, more or less, to a point on the approximate edge of water to a point on the East line of said Lot 3, Block C; thence S 07d33 '04" E along said East line and along a Southeasterly projection thereof, and along the East line of said Lot 3, Block D a distance of 1602.63 feet, more orless, to apoint on said Northerly right-of-way, thence S 82d52' 56" W along said Northerly right-of-way line a distance of 251.42 feet to the Point of Beginning. Containing 8.9 acres more or less.