Loading...
HomeMy WebLinkAbout2004 06 02 Public Hearings Item C PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 2, 2004 Meeting Consent Information Public Hearin~ X Regular ITEM C REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/Local Plamling Agency hold a Public Hearing for Ordinance 2004-16 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of an 8.56 acre parcel, located at 1181 Orange Avenue, from (Seminole County) "Suburban Estates" & "Conservation" 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 Guy Ferlita Trustee (property owner) & Thomas Corkery, applicant for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for their property at 1181 Orange Avenue from (Seminole County) "Suburban Estates" & "Conservation" 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 the conduct of the comprehensiye 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; Section 15-37. Local Planning Agency Reyiew and Recommendation: ~ June 2, 2004 PUBLIC HEARING AGENDA ITEM C 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 Conmlission. CHRONOLOGY: ApI. 23,2004- Application Received May 24,2004- 2nd Reading of Ordinance 2004-15, Annexing the parcel into the City May 20,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing June 2,2004- P& Z Board (LPA) to hear the request and make recommendation to the Commission CONSIDERA TIONS: Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay Woods LLC; 1085 W. Morse Blvd., Suite A; Winter Park, Florida 32789 Owner - Guy Ferlita Trustee Parcel Number - 26-20-30-5AR-OBOO-0160 Acreage - approx. 8.56 acres General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs High School. Legal Description - Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-15. Existin?: Land Use - The site has a one-story single family residence, a shed and a well. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: - ~ - Existing Land:U~es -~ - _ --_-lzon~ng i I FLU~- Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and .~-..~....,...-._......-..-.-.._.- ---.-----..-..--.-----.--..,..--.-.-..-. ..........,.....,_...................__._.____._......._.._~~E:~~~.ati~:':I:Ls..9__._.______ North Lake Jesup _,_____._.__...~.~.M._.____._w ._____M._._.............___.w...............___.H._......._...___.. ___"'__'__"H'___'__""'H'H''''H''''__'__''___'H.__._._ __._....____________......_____.__..___. South Public School (Winter Town Center (WS) Town Center (WS) .~P!!.~g~.!!ig.~_~~.!1.<.>5~!l,_.._.__..._.__.______._._._._._......____.____._.._..____________.__.._............_._ Single Family Residential Town Center (WS) Town Center (WS) .....-.---.----.--.........-...-....-.--.................---..-...-....... .........-.---....-...--..-...-........--.----------......----. -_.__.._----_._--_...__.__._._._..._._._..._._.~. Vacant; Borrow Pit Town Center (WS) Town Center (WS) East West (WS) Winter Springs; (SC) Seminole County June 2, 2004 PUBLIC HEARING AGENDA ITEM C 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 "Conservation Overlay" (on those affected areas) is appropriate and compatible with the general character of the area. The 8.56 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 objectiyes 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 - The applicant seeks to develop the property into townhouses. Even if the site were to develop 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 has some potentially environmentally sensitive lands which are distinguished by the "Conservation Oyerlay" designation. Consistency With The Comprehensive Plan - A land use designation for the parcel was not included on the City's Future Land Use Map, because the parcel was annexed into the City. 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. Any potential conflicts that might arise with adjacent residential properties will be resolved at the site planning review and approval stage. 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 2004-16, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject June 2, 2004 PUBLIC HEARING AGENDA ITEM C property at 1181 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: June 10,2004- Public Noticing in Orlando Sentinel of Public Hearing for 1st Reading June 21, 2004- City Commission 1 st Reading of Ordinance 2004-16 ATTACHMENTS: A. Ordinance 2004-16 including Map & Legal Description P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: June 2, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE NO. 2004-]6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS~ FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FllTlJRELAND USE MAP DESIGNATION OF THE REAl. PROPERTY CONSTITUTING A PARCEL TOTALING 8.558 ACRES MORE OR LESS AND LOCATED AT 118] ORANGE A VENllE IN WINTER SPRINGS, FLORIDA~ AND MORE PARTIClILARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLlJTIONS~ SEVERABILITY~ INCORPORA TION INTO THE COMPREHENSIV E PLAN, AND AN EFFECTIVE DA TE. WHEREAS, the future land llse map amenclmentembodiecI in this Ordinance is a small scale amendment to t.he City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1 )(c), Florida Statutes; and WHEREAS, t.he Local Planning Agency or the City of Winter Springs held a duly noticed public hearing on June 2, 2004, in accordance \vith the procedures in Chapter 163, Part If, Florida Statutes, on the proposed Comprehensive Plan Alnendmenl and considered tJneJjngs and advice of staff, citizens, and all interested parties submitting written and oral comments ancI has recommended adoption to the City Commission; and \VHEREAS, the City Commission orthe 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 City of Winter Springs Ordinance No, 2004-16 Page I of 4 June 2, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A analysis, and aner complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment setronh hereunder; ane! WHEREAS, the City Commission or the City of Winter Springs hereby l'inds thatlhis Ordinance is in the best interests or the public health, safety. and weJrare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMiVIISSION OF THE CITY OF 'VINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section J. Redtals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. A uthority. This Ordinance is adopted in compliance with, and pursuant to. the Local Government Comprehensive Planning and Land DevelopmentRegulations Act. Section 3. PlI rpose and Intent. II is hereby declared to be the plllpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise l'unherthe provisions of the City of Winter Springs' Comprehensive Plan. Section 4. A doption of A mendment to the Future Land Use Map. The City of Winter Springs' Comprehensive Plan, Future Land Use. Map, is hereby amended by designating the real propelty depicted on Exhibit '~\" from Seminole County "Suburban Estates" and "Conservation" to City of Winter Springs "Town Center District" and "Conservation Overlay" (on those affected areas). Exhibit "A" is attached hereto and fully incotporated herein by this reference. Section 5. Transmittal to the Department of Commn nity Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendment to the FlOlida Depart.mem of Community Affairs. in accordance with Section City of Winter Springs Ordinance No. 2004-16 Page 2 or 4 June 2, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A 16J.3187(1 )(c)(4). Florida Stallltes, and Section 9J-ll, Florida Administrative Code. Sedion 6. Repeal of Prior Inconsistent Ordinances and Resol utions. All prior inconsistent ordinances and resolutions adopted by the City Commission, orparLIi of prior ordinances and resolutions in connict herewith, are hereby repealed to the extent of the conlJic!. Sedion 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 competentjuriscliction, whether for substantive, procedural, or any other reason, such pOltion 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 Comprehcnsi ve Plan Amendment adopted by this Ordinance, said A mend me nt shall be incOlvorated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modil'ied as necessary to effectuate the foregoing. Sedion 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 al'ter adoption or this Ordinance, then this Ordinance shall become effective at such time as the Florida Depmtment of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amenclment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become eHective. After and from the efi'ective date of this Amendment, the Comprehensive Plan City of Winter Springs Ordinance No. 2004-16 Page 3 of 4 June 2, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part or (hat plan and the Amendments shall have the legal status of the City olWinter Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ clay of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and suffidency for the City of Winter S(Jlings only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: G:\Docs\City of Wimer Springs\Ordinnnct's\Small Scale FLUM2004-16, wpd Cily ofWinlcr Springs Ordinance No, 2004-16 Page 4 of 4 June 2, 2004 PUBLIC HEARING AGENDA ITEM C ATTACHMENT A ORDINANCE NO. 2004-16 EXHIBIT "A" LOCATION MAP -OakeJe1>up. LEGAL DESCRIPTION: Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida. More particularly described as follows: METES & BOUNDS DESCRIPTION: BEGIN at the Northeast corner of Lot 16, Block "B" of MITCHELL'S 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 Seminole County, Florida; thence run South 18035'40" West, along the East line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run North 71025'29" West, along the South line of said Lot 16, for a distance of 500.72 feet to the Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot 16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right of way) the following three courses: South 71056'39" East, for a distance of 96.52 feet; South 69021 '54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to the POINT OF BEGINNING. Contains 8.558 acres, more or less.