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HomeMy WebLinkAbout2004 02 04 Public Hearings Item C-3 Planning & Zoning Board / Local Planning Agency AGENDA ITEM 3 February 4,2004 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/LP A hold a Public Hearing related to Ordinance 2004-07 which adopts a Small Scale FLUM Amendment by changing the Future Land Use Map designation of a 8.5 acre parcel, located at Bird Rd and Tusca Trail, from "Low Density Residential" (Seminole County) to "Rural Residential" (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 a parcel within the City which was previously annexed into the City from Seminole County, but subsequent action was never taken to change the Future Land Use Map designation. The City is initiating the change as the applicant. The property owner has been notified by certified mail so she is aware of the process and so that her input can be heard. 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 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions: 1. 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 by the local government shall not exceed: (I) 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) I. 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 Sprines 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 staff review board. The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. CHRONOLOGY: Oct. 25, 1999- Annexation by Ordinance 745, Petition filed by Rita Renshaw Feb. 4,2004 PUBLIC HEARING AGENDA ITEM Jan. 09,2004- Property Owner Notified of Administrative Action Jan. 15,2004- Property posted with signage Noticing Upcoming Meetings Jan. 22,2004- Adjacent property owners within 150' Notified by Certified Mail Jan. 25, 2004- Public Noticing in Orlando Sentinel of LP A Public Hearing 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 - Rita Renshaw Parcel Number - 11-21-30-300-0020-0000 Acreage - approx. 8.5 acres General Location - The site is vacant and is located on the east side of Bird Road at Tusca Trail. Legal Description - SEC 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN 51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513,.03 FT SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43 SEC E 215.76 FTELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG Chronology of Subiect Property - The subject property was annexed into the City on October 25, 1999, by Ordinance 745. Existing Land Use - The property is currently an undeveloped vacant parcel. Its County Future Land Use designation is LDR- Low Density Single Family Residential. Adjacent existing land uses, zoning and FLUM designations include the following: , Existing Lan~ ~~~s - I - - Zoning \: FLUM I I t - , , Subject Site Vacant, Undeveloped A-I (SC) LDR- Low Density Single .._._____.____._._....____.__ ___..___.______...._._.__._._.__._._.___._.___.. ..._... ......__._..__.._.__._ __..___ ..._...............__._._..____. ..X~!l~.!y....~~~i4_t;:~!i~.U?.s::L_.. North Single Family Residential R-Cl (WS) Rural Residnetial (WS) ____....__...._.........._....___.._.__._._._.___.....'_'__'_'__'_'_'__'_'_'_'_'_'_'_'_'_'_'__'_'_'__'___"_..._........_._._....._.___....................._._._._._._....__._._......._....._.__._._.._.__......__._.._.J~~~l_.!?_Y.~l...._._._._._._._._.__._._._.___._.. South Single Family Residential R-lAAAA & Re-l (SC) LDR- Low Density Single __._._.___.____._.___.....__._.___._._._____..._.__.__________..__________..____________.____.._ _..F a~!y._B.:~~i~~~!_i~.!._._(?_~1.___.. East Single Family Residential A-I (SC) LDR- Low Density Single _.__.._..__.__._.__._...______.__.______......_._.___.__._._._.__._._.__.___..___......___.____.__._____~~~_!.Y..~~.~!.~~_':l!i~!._.(~,g2..___ West Single Family Residential R-IAA (SC) LDR- Low Density Single Family Residential (SC) (WS) Winter Springs; (SC) Seminole County Development Trends - The subject site is vacant. No development is being proposed at this time. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Low Density Residential" to Winter Springs "Rural Residential" is appropriate and compatible with the general character of the area. The 8.5 acre parcel is located immediately to the south of Commissioner McLeod's property. Letters/Phone Calls In Favor Or Opposition - Several inquiries were received from adjacent Feb. 4,2004 PUBLIC HEARING AGENDA ITEM residents after the sign was posted. The property owner opposes any change because she is concerned that her taxes will go up. 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 "Rural Residential" designation most closely resembles the character of the area and maintains continuity with the properties adjacent to the City. Public Facilities - Although the site is undeveloped, 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 develops at maximum density, the resulting number oflots 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 - 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, beyond those existing currently. ST AFF RECOMMENDATION: Staff recommends that the Planning & Zoning Board / Local Planning Agency hold a public hearing related to Ordinance 2004-07, which adopts a Small Scale FLUM Amendment by changing the Future Land Use Map designation on the subject property at Bird Road and Tusca Trail, from "Low Density Residential" (Seminole County) to "Rural Residential" (City of Winter Springs). IMPLEMENTATION SCHEDULE: Feb. 4, 2004- Planning & Zoning Board! Local Planning Agency Mtg. Feb. 23, 2004- I sl Reading by City Commission of Ordinance 2004-07 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENTS: A. Ordinance 2004-07 including Map & Legal Description COMMISSION ACTION: Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT A ORDINANCE NO. 2004-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF\VINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE IfLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNAT.ION OF THE REAL PROPERTY CONSTITUTING A PARCEL OF 9.07 ACRES MORE OR LESS AND LOCATICD AT THE NORTHEAST CORNER OF THE INTERSECTION OFTUSCA TRAU.AND FISHER ROAD (a/kIn BIRD ROAD) IN WINTI~R SPRINGS, FLORIDA, AND l'\'IORE PARTICULARLY D.EPICTED AND LI~GALL Y DltSCRlBED ON EXHIBIT "A" ATTACHED HERETO FROIVI SEMINOLE COUNTY :'U))l.... TO CITY OF \\lINTER SPRINGS ':RURAL lU:SIDENTIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COi\H)RIUlENSIVE PLAN, AND ANEFl:;'ECTIVE DATE. \VHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan ill accordance WiUl Section 163.3187(1)( c), Florida Statutes; and \\;I-lltREAS, the Local PlannilU! Agencv of the Citv of \Vinter Snl'iJlQS held a dulv noticed U '-'"' ., t ~~ '" public hearing on PebrmllY 4, 2004, in accordance with the procedures in Chapter 163, Part IT, 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 'YHEREAS, the City Commission of the City of \Vinter Springs held a duly noticed public hearing onlhe proposed amendmenlset forth hereunder and considered findings and advice of staff, citizens, ane! all interested parties submitting written ane! oral comments and supporting data and Cir)' (lfWintu Springs Ordinance Nu. 2004-07 Page I of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT A analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder, and WHI~REAS, the City Commission of the City of \Vinter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NO\V, THEREFORE, THE CITY COMMISSION OF THE CITY OF \VINTE-R SPRINGS HEREllY ORDA INS~ AS FOLLOWS: Section 1. Recitals. l11eforegoing recitals are tnte 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. PurpOSt'. m1CJ Intent It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, COffi"ct, update, modify and otherwise further the provisions of the City of Winter Splings' Comprehensive Plan. Section 4. Adoption ofAIllt.'.tlchllent to the Future Land Use Map. The City of Wimer Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhihit ".....\" from Seminole County "LDR" to City of Winter Springs "Rural ResidentiaL" Ex hi bit "Anis attached hereto and funy incorporated herein by this reference. S('.rtion 5. Transmittal to the Departnll'Ilt.ofCollllllunity Affairs, 'TIle City Manager or his designee is hereby designated to sign a letter transmitting the adopted COmprellellSive Plan Amendment to tht~ Florida Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, ane! Section 9J-11, Florida Administrative Code. City of WInter Springs Ordinanoe No. 2004-07 Page 2 of 4 Feb. 4, 2004 . PUBLIC HEARING AGENDA ITEM ATTACHMENT A Section 6. Repeal of Prior inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinance,s a:nd resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severahlllty. 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, prOl:eclural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and slIch holding shall not affect the validity of the remaining portions of this Ordinance. SI.'.ctlon 8. [ncorporatlon Into Compn'.hensivl.'. Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of\Vinter 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. EtTectiv('. Date and Legal Status of tlw Plan Al1lendnwnl. The effective date of this Ordinance shall take etTeclthirty-one (3]) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thirty (30) days after adoption oflhis Ordinance, Ulen this Ordinance shall become effective at slIch 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, developmentpennits, 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' Comprehensive Plan and City of\Vinter Springs Ordinance No. 2004-07 Page 3 of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT A 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 Winter Sptings, Rotida, in a regular meeting assembled on the _ day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luan's, City Clerk Appron'd as to legal form and suffIciency for the City of "linter Springs only: Anthony A. Gargmwse, City Attorney First Reading: Second Reading: Effective Date: O:I,DOC3\Cit)' {If Winter Spring,sI,Ordinanee5'.SmallS,ak. FLUM20Q4.Q; .wpd City of Winter Springs Ordinance No. 2004-07 Page 4 of 4 Feb. 4,2004 PUBLIC HEARING AGENDA ITEM ATTACHMENT A ORDINANCE NO. 2004-07 EXHIBIT" A" . SUBJECT SITE TRL ~ LEGAL DESCRIPTION SEe 11 TWP 21S RGE 30E FROM SE COR RUN N 88 DEG 47 MIN 12 SEC W 1452 FT N 1401.63 FT N 84 DEG 26 MIN51 SEC W 15.06 FT TO POB RUN N 84 DEG 26 MIN 51 SEC W 489.52 FT S 05 DEG 28 MIN 34 SEC W 513.03 FT SLY ON CURVE 160.88 FT S 66 DEG 37 MIN 43.SEC E 215.76 FT ELY ON CURVE 156.57 FT S 77 DEG 47 MIN 24 SEC E 210.31 FT NLY ON CURVE 35.59 FT N 775.59 FT TO BEG ..