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HomeMy WebLinkAbout2004 06 02 Public Hearings Item G " PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY June 2, 2004 Meeting Consent Information Public Hearing X Regular ITEM G REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board/Local Planning Agency hold a Public Hearing for Ordinance 2004-22 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of two parcels, located at approximately 1268 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 ofMohamad and Karen Kazma (property owners) for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two parcels totaling 4.8 acres, located at 1268 Orange Avenue (and the adjacent unaddressed vacant parcel to the east), 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 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 comprehensiye 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 Review and Recommendation: ~ ... , June 2,2004 PUBLIC HEARING AGENDA ITEM G 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 staffreview 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: Mar.l9, 2004- Application Received May 24, 2004- 2nd Reading of Ordinance 2004-21, 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 - Mohamad & Karen Kazma; 363 Deer Pointe Circle; Casselberry, Florida 32707 Owner - same Parcel Numbers - 31-20-31-503-0000-0050 & 31-20-31-503-0000-0070 Acreage - approx. 4.8 acres General Location - The site is located at approximately 1268 Orange Avenue, immediately north of Tuskawilla Trace Subdivision. Legal Description - The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, TuskawiJIa Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-21. Existing Land Use - The site is vacant. Previous structures were demolished prior to annexation. The County Future Land Use designation is LDR- Low Density Residential and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: l -'f') j1 r I , - Existing Land, ~~es , ~~~'_:I: ~on~?:g i FLVM ~ Subject Site Vacant R-l (SC) Low Density Residential _.________..__._.___._._________.._______.___._.__._.__________._______._______.._____.___.___._._. j~g_~_~on~~rva!ig~_{~~l_ North Lake Jesup --.----.-----.----.--- ----.-.-.--.-.--.-.-.-.--.-.--.----~.._..____.__ __.._.._._...._...__..."..n."..___...___..__.___._.___._____ .__._____.__._.___.___._._.__."."..".___..____. South Single Family Residential Low Density Residential R-lA (WS) .--.--..--.--,..,.,.--..-.-.--....-....--..------.-..---,_.... --(.'?{~-_....~..__.__._._....,.__._..__._---_._. ----.---.--.-----.--.-.-----.-- East Single Family Residential R-l (SC) Low Density Residential -----------..--.-------.-..--...------ _________________.__.___________..t~.gl_~_.<;:on~erv~Ii~~J~'<;:L West Single Family Residential R-l (SC) Low Density Residential (SC) & Conservation (SC) (WS) Winter Springs; (SC) Seminole County ~ . June 2, 2004 PUBLIC HEARING AGENDA ITEM G Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Low Density Residential" 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. Other parcels recently annexed into the City along Orange Avenue and adjacent to Lake Jesup 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 eyaluating 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. Public Facilities - No development proposal has been presented to the City at this time. However, eyen if the site were to develop 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 area. Natural Lands Compatibility - The site has some potentially enyironmentally sensitiye lands which are distinguished by the "Conservation Overlay" 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, objectiyes and policies'ofthe 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 2004-22, which adopts a Small Scale June 2, 2004 PUBLIC HEARING AGENDA ITEM G Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at approximately 1268 Orange Avenue from (Seminole County) "Low Density Residential" 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 1 st Reading June 21, 2004- City Commission 1st Reading of Ordinance 2004-22 ATTACHMENTS: A. Ordinance 2004-22 including Map & Legal Description P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: , June 2, 2004 PUBLIC HEARING AGENDA ITEM G ATTACHMENT A ORDINA NCE NO. 2004-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 'VINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO (2) PARCELS TOTALING4.8 ACRES MORE OR LESS AND LOCATED AT 1268 ORANGE A VENUE AND THE ADJACENT UNADDRESSED V ACANTPARCEL TO THE EAST IN 'VINTER SPRINGS, FLORIDA, AND MORE PARTICUI.,ARL Y DEPI CTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A 1'1' A CHED HERETO, FROIVI SEl\nNOLE COUNTY "LO\V DENSITY RESIDENTIAL" AND "CONSERV A TION" TO CITY OF "lINTER SPRINGS "TO'VN CENTER DISTRICT" AND "CONSERVATION OVERLA Y" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, IN CORPORA TION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. \VHEREAS, the future land use map amendmentembodiecl in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3 I 87(\)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on June 2,2004, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan AmeiKlment and considered findings and advice of staff, citizens, and all interesteclparties submittingwritten and oral comments and has recommended adoption to the City Commission; and ';VHEREAS, the City Commission oUhe City ofWinterSplings held a duly noticed public hearing on the proposed amendment set forth hereunder and consideredftndings and adYice of staff, City of Winter Springs Ordinance No. 2004-22 Page I of 4 " , June 2, 2004 PUBLIC HEARING AGENDA ITEM G ATTACHMENT A citizens, and all interested parties subrnitting wriuen 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 Conunission 01' the City or Winter Springs hereby rinds 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 COMlVlISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS. AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authorit.y. 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 darify, expand, correct, update, modi ry and otherwise t'ulthe.r the provi sions or the City of Winter Splings' Comprehensive Plan. Sedion 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 propelty depicted 011 Exhibit '1-\" from Seminole County "Low Density Residential" and "Conservat.ion" to City of Winter SpIings "Town Center District." and "Conservation Overlay" (on those affected areas). 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 City of Winter Springs Ordinance No. 2004-22 Page 2 of 4 June 2,2004 PUBLIC HEARING AGENDA ITEM G ATTACHMENT A Amendment to the Florida Department of Community Affairs, in accordance with Section 163.3 J87( I ) (c) (4). Florida Statutes. and Section 9J-II, Florida Administrative Code, Section 6. Repeal of Prior Inconsistent Ordinances nnd Resolutions. AII prior inconsistent ordinances and resolutions adopted by the City Commission, orpmls of prior ordinances and resolutions in contlict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. [I' 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 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 Comprehensive Plan Amendment adopted by this Ordinance, said Amendmentshal I be incOIporated into the City of Winter Springs' Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or Inoditled as necessary to effectuate the foregoing. Sedion 9. Effediye Date and Legal Status of the Plnn Amendment. The effective date of this Ordinance shall take eft'ect thirty-one (31) days after adoption, in accordance with Section 163.3187(3)(c), unless challenged within thilty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the FloJicla Depmtment of Community Affairs or the Administration Commission issues a 11l1al order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No deyelopment orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become City of Winter Springs Ordinance No. 2004-22 Page 3 of 4 -; June 2, 2004 PUBLIC HEARlNG AGENDA ITEM G ATTACHMENT A effective. After and from the effective dale of this Amendment. the Comprehensive Plan Amendment set forth herein shaH 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' Cornprchcnsivc Plan. as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufticiel1l~Y for the City of Winter Springs only: Anthony A. Garganese, City Attorney .Pi rst Re.adi ng: Second Reading: Effective Date: O:\Docs\Cil}' ofWinler Springs\Ordinanccs\Slllall Smle FLUM2004-22, wJXl Cit)' of Winter Springs Ordinance No, 2004-22 Page 4 of 4 June 2, 2004 PUBLIC HEARING AGENDA ITEM G ATTACHMENT A ORDINANCE NO. 2004-22 EXHIBIT "A" KAZMA PROPERTY- LOCATION MAP Lake,Je.~lIP ~. ./: ~::::,~' ~',:\~-;"..".~;: ~-~,- ~; .::-:::. :~:':/"';~?: _.;;~ : .S,.\~tB:a;E:G:~PS;l:;nE:: ;:.~~:;.:':;~~:>:~::~ >:~::;:..;:~~?~~:;:,;::, :,..; ;:., ~,;~~:'~:;,;-;:. ;:f;"; ;~~ 31-20-31-503-0000-0050 LEGAL DESCRIPTION: The East ~ of Lot 5, all of Lot 6, and a portion of Lot 7, Tuskawilla Shores, as recorded in Plat Book 6, Page 93, Public Records of Seminole County, Florida, described as follows: METES & BOUNDS DESCRIPTION: Commence at the Southeast corner of said Lot 7; thence N 59 degrees 53'00" W, along the Northerly right of way line of Orange Avenue a distance of 11.25 feet to the Point of Beginning; thence continue N 59 degrees 53'00" W, along said Northerly right of way line a distance of 140.00 feet; thence N 30 degrees 00'00" E, 712.30 feet to the Shoreline of Lake Jessup; thence along the Shoreline (for closure purposes run S 37 degrees 38'29" E, 151.38 feet); thence S 30 degrees 00'00" W, 655.00 feet to the Point of Beginning. Containing 2.20 acres, more or less.