HomeMy WebLinkAbout2003 05 07 Regular Item A
PLANNING AND ZONING BOARD - LOCAL PLANNING AGENCY
REGULAR AGENDA ITEM
May 7, 2003
A. Future Land Use Map Amendment
STAFF REPORT
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 l\gency 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:
1. The proposed amendmen t 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 arnendment does not involve the same property granted a change within the prior 12 n1.onths.
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 tl,e 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 tint 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. 1\ local government tl1.at proposes to consider a plan amendment pursuant to this paragraph is not required
to comply with the procedures and public notice recluirements of s. 163.3184(15)(c) for such plan amendments if
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the local governmcnt complies '...vith thc provisions in .. .s. 166.041 (3)( c) for a municipality. If a rcquest for a plan.
amendment under this paragraph is initiated by other than the local government, public notice is required.
b. Thc local government shall scnd copies of the noticc and amcndment to the state land planning agency, the
regional planning council, and any other person or entity rcqucsting a copy. ..
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
(3) (c) 1. In cases in which the proposed ordinance changes thc actual zoning map designation for a parcel or
parcels of land involving less than 10 contiguous acres, the govcrning body shall dircct the clerk of the governing
body to notify by mail each rcal propcrty owncr whosc land thc municipality will redesignatc by enactment of tl1.e
ordinance. . .
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:
Prior to the City Commission's consideration of tllC application, the Local Planning Agency shall consider the
application(s) at a Public Hearing, along with tl1.C staff rcview board's recommcndation, and reconU1.1.end that thc
City Commission approve, approve with modifications (text only), or dcny the application for transmittal to the
Department of Community Affairs. At a minimum, the Local Planning Agcncy shall consider the same factors
considcred by thc staff review board. The LPA shall hold at least one (1) public hearing prior to making its
recommendation to the City Commission.
I. SUMMARY OF APPLICATION
A. APPLICANT:
City of Winter Springs
1126 E. SR 434
Winter Springs, Florida 32708
B. REQUEST:
The City of Winter Springs is initiating a request for a Small Scale Comprehensive Plan
Amendment, changing the Future Land Use designation for four separate locations within
the City where parcels were previously annexed into the City from Seminole County, but
subsequent action was never taken to change the Future Land Use Map classifications.
The City is instigating the change as the applicant. . The property owners have been notified
by certified mail so that they are aware of the process and so that their input can be heard.
C. SITE INFORMATION:
Four different sites are included:
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SITE 1-
1. Owner- Sandra H. Arminger
2. Parcel Number - 01-21-30-501-0000-0130
3. Acreage - 2.02 Acres
4. General Location - The site is located at 1281 NATURES \Y/A Y, immediately north
of Avery Park and south of the Tuscawilla Trails mobile home community.
5. Legal Description - LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5
6. Chronology of Subject Property - The subject property was annexed into the City
on February 24,1992, by Ordinance 516.
7. Existing Land Use - T he property is currendy in Low Density Single-Family
Residential use (1.1 Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent
existing land uses, zoning and FLUM designations include the following:
I .... I I .
Exilsting L_arcLUses ~o~ing . FLUM
Subject Site Low Density
.......m..mmmmmm. .............m.._. .~i~~gl~R.~~~~!.y~.~.~..i.9~1~!i~.1
North Mobile Home Residential
A-I (SC)
R-T (WS)
Medium Residential (SC)
.{M-.~.~}..Q!?.Y.~L___._
Residential Medium (WS)
.Q:~_!?!J._~_t?__?_:g__!?!!.~2......_._.._.
Town etr District (WS)
.........................H
South
Mixed Use
.............................H........................... .................._._.......~_.,..
Town etr District (WS)
............................................................................... .................................................._. ....... ........ .....mm................... ...................................__ ..............................._..............................__...._.......................................
East Single Family Residential A-I (SC) Medium Residential (SC)
..mm..............mmm....... ......................._ ..... mmmmmm_ .. ............m........................... .......mm. ...................m..m..................................(M-~~}9._I.?!!~)_.___________
West Single Family Residnetial A-l (SC) Medium Residential (SC)
(Max 10 DUA)
(WS) Winter Springs; (SC) Scminole County; (0) Oviedo
8. Development Trends - The subject site is already developed as a, single family
home. No land use changes havc bccn proposed.
9. Proposed Future Land Use Classification - The proposed future land use
classification change from Seminole County "Medium Residential" to Winter Springs
"Town Center District" is appropriate and compatible with the general character of
the area and the site's existing land use. The site is located adjacent to the current
Town Center District boundary.
10. Letters/Phone Calls In Favor Or Opposition - None as of April 29, 2003.
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SITE 2-
1. Owner- Chanh Q. & Ngan M. Nguyen
2. Parcel Numbers - 26-20-30-5AR-OBOO-0150 & 26-20-30-5AR-OBOO-015A
3. Acreage - 4.55 Acres for each parcel
4. General Location - The site is located between Orange Avenue and the Winter
Springs High School.
5. Legal Descriptions -
West Parcel- WEST Vz OF LOT 15 BLOCK B, DR lvIITCHELLS SURVEY OF
THE LEVY GRANT, PB 1 PG 5.
East Parcel- EAST Vz OF LOT 15 BLOCK B, DR ]VIITCHELLS SURVEY OF
THE LEVY GRANT, PB 1 PG 5.
6. Chronology of Subject Property - Thc subject property was annexed into the City
on Novcmber 25, 2002 by Ordinance 2002-26. A Dcvclopment Agreement related
to on-sitc rcpairs to a borrow pit, received approval from the City Commission on
tvIarch 24, 2003.
7. Existing Land Use - The property is currcntly vacant. Adjacent existing land uses,
zoning and FLUM designations include the following:
I.~ I I
- . -. I
Existing Land Uses Zoning . FLUM
I -r' I I
Subject Site
Vacant
A-I (SC) RURAL- 3 (SC)
.................................... ......................__m_._.._(!:!~~?-::..}__!?.Y-._P_~EmL~~~~~L___
A-I (SC) RURAL- 3 (SC)
... ... ..mmmmmm ..mmmmmm.(I!1.~?-:~._!..!?Y-.P~E._3.._~_~~.~~L_
Town Ctr District (WS) Town Ctr District (WS)
North
Vacant &
....~i.!:Ig!~_y~!:!?ly!3:e.~i~~I~!i~1
Public High School
...... ................................................
South
.................................................m........................... ................................................................................ ........................... ......... .......u ........ ............................................................... ...m. m.....m.........
East Single Family Residential A-I (SC)
West
Public Park
Town Ctr District (WS)
RURAL- 3 (SC)
_{~!i!~:_l_Qy._p~~...~_t\~!..t::_~L_._._
Town Ctr District (WS)
(\\fS) Winter Springs; (SC) Seminole County; (0) Oviedo
8. Development Trends - The subject site is vacant. No development changes have
been propos cd, othcr than approval of the repairs to the borrow pit.
9. Proposed Future Land Use Classification - The proposed future land usc
classification change from Seminole County "Rural-3" to Winter Springs "Town
Ccnter District" is appropriate and compatible with the general character of the area.
The site is located adjacent to the current Town Center District boundary.
10. Letters/Phone Calls In Favor Or Opposition - None as of April 29, 2003.
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SITE 3-
1. Owner- Wayne P. & Robin R. Roberts
2. Parcel Number - 26-20-30-51\R-OBOO-0060
3. Acreage - 4.88 Acres
4. General Location - The site is located at 1120 Orange Avenue on the shores of
Lake Jesup.
5. Legal Description - LOT 6, LESS THE EAST 150 FEET THEREOF, BLK B,
DR MITCHELLS SURVEY OF THE LEVY GRANT, PB 14 PG 6
6. Chronology of Subject Property - Thc subjcct propcrty was annexed into the City
on May 13, 2002 by Ordinance 2002-03.
7. Existing Land Use - The property is currently used for Single Family Residential
use. Adjaccnt existing land uses, zorung and FLU]'vl designations include the
following:
l " I I. '.
Existing Land U.ses.' Zoning .' FLUM
I _ - ~ I I.
Subject Site Single Family Residential A-I (SC)
RURAL- 3 (SC)
.....c~~~:__IP_!!...P.t::_~_~~:.~.~L......
N/A
................................................. .......................................................................... .......................................... .......................................................
North N/A (Lake Jesup) N/A
West
Public Park &
Public School
Vacant &
m.~.i.l~g.I~,~~.~,~!!y...~.~..s...i.9.~.~.!..i.~,1. '..'.m...........................................,....,.....
Vacant &
Sin Ie Famil Residential
(\V'S) Winter Springs; (SC) Seminole County; (0) Oviedo
A-I (SC)
South
Town etr District (WS)
Town Ctr District (WS)
A-I (SC)
RURAL- 3 (SC)
.....c~~~~.:}__.,l.?!!._.P<:::_~_~~E~S.X___
RURAL- 3 (SC)
max. I DU er 3 Acres)
East
8. Development Trends - The subjcct sitc is already developed as a single family
home. No development changes have been proposed.
9. Proposed Future Land Use Classification - The proposed futurc land use
classification change from Seminole County "Rural-3" to Winter Springs "Town
Center District" is appropriate and compatible Witl, the general character of the area
and the site's cxisting land use. The site is located adjacent to the Town Center
District boundary.
10. Letters/Phone Calls In Favor Or Opposition - None as of April 29, 2003.
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SITE 4-
1. Owner- Ned A. & Thelma M. 'lash
2. Parcel Numbers - 04-21-30-511-0BOO-0010 & 04-21-30-511-0BOO-0040
3. Acreage - 1.18 & 1.04 Acres
4. General Location - The site is located at 835 & 895 WEST SR. 434, which is the
corner of Belle Avenue and S.R. 434.
5. Legal Description -
West Parcel- LOTS 1, 2, & 3 O~ESS Ill) BLOCK B, jOHNSONS POULTRY
F f\RMS, PB 6 PG 8
East Parcel- LOTS 4, 5, & 6 BLOCK B, jOHNSONS POULTRY FARMS, PB 6
PG8
6. Chronology of Subject Property - The subject property was annexed into the City
on June 10, 1991 by Ordinance 502 and 503.
7. Existing Land Use - The property is currently used for Commercial use. Adjacent
existing land uses, zoning and FLUM designations include tl,e following:
I ' -. 1 I I' .
Existing Limd Uses. Zoning .' . FLUM
, I ; . I I, .
Subject Site Commercial
...............................................n..........H""
North Commercial
C-2 (SC) Commercial (SC)
................................................... ..........................................H...... ......................................mm...._.........._. ...................._.......u... ................................_................................................
C-l (WS) Conmlercial (WS)
..................... . ......... ................. ......... om ....... .............,....... mm.. .......... .....H.'.....
South Commercial I Industrial
C-2 (WS)
Industrial (WS)
,....................................................................................................................................................................................................-......................................................................................................................................................... .............................................................-.........
East Public School R-l A (WS) Publici Semi-Public (WS)
..............................
West
...........................................mm.mm.........................................................................mm...m..m.............................................................m..........................................................................................................
Conmlercial / Industrial C-l (WS) Industrial (WS)
(\V'S) Winter Springs; (SC) Seminole County; (0) Oviedo
8. Development Trends - The subject site is already developed as commercial
property with the following uses: car repair, beauty salon, restaurant (previously a
meat market), sub shop, & batting cages. Recently, tlle restaurant tenant requested a
permit to open. Even though the property still was under the County's zarling
classification, the applicant was required to meet conditions of the S.R. 434 Overlay
District prior to receiving the occupancy permit.
9. Proposed Future Land Use Classification - The proposed future land use
classification change from Seminole County "Commercial" to Winter Springs
"Commercial" is appropriate and compatible with the general character of the area
and the site's existing land uses.
10. Letters/Phone Calls In Favor Or Opposition - None as of April 29, 2003.
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P&Z Board Meeting - October 3, 2001
Zoning Map Amendment - Oviedo Marketplace
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing tllls application:
A. Justification for Future Land Use Designation:
The requested future land use designations have been determined by evaluating the
prevailing character of the u1U11ediate area around each parcel, as well as evaluating the
current land use and the future goals and objectives of the City. The future land use maps
should be amended for thesc parcels to reflect WUlter Sprulgs' Future Land Use
designations. The requestedFLUM designations allow for the continuation of the existing
land uses.
B. Public Facilities:
All of tl,e subject sites (except the Nguyen parcels) are already developed. At this time, no
changes are being proposed to the existing development. Therefore, the proposed rezoning
will have no impact on public facilities and services. If the sites later develop at maximum
density, the resulting number of lots would still have a negligible impact on public facilities
and services.
C. Nuisance Potential of Proposed Use to Surrounding Land Uses:
The intent in the future land use classification of the properties is to apply a Winter Springs
future land use designation that supports the surrounding land uses and objectives for the
future of Winter Springs. The requested future land use designations are either consistent or
compatible with the surrounding areas.
D. Consistency With The Comprehensive Plan:
A land use designation for the parcels was not u1cluded 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.
III. FINDINGS
A. The request IS consistent witl, all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
B. The request is Ul conformance with the purpose and intent of tl,e City Code and with all
applicable requirements.
C. Considering the type and location of uses involved and the general character of each of the
areas, tl,e request would not result in any incompatible land uses, including such factors as
height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and otl,er
factors deemed important.
IV. STAFF RECOMMENDATION
Staff recommends approval of the request to change the future land use classifications on the
subject properties as follows:
7
P&Z Board Meeting - October 3,2001
Zoning Map Amendment - Oviedo Marketplace
SITE 1- Arminger property at 1281 NATURES WAY, from "Medium Residential
(Seminole County) (Max 10 DUA) to "Town Center District" (Winter Springs).
SITE 2- Nguyen property at Orange Avenue, from "Rural-3" (Seminole County) to "Town
Center District" (Winter Springs).
SITE 3- Roberts property at 1120 Orange Avenue, from "Rural-3" (Seminole County) to
"Town Center District" (Winter Springs).
SITE 4- V oska property at 835 & 895 WEST SR 434, from "Commercial" (Seminole
County) to "Commercial" (Winter Springs).
V. ATTACHMENTS
A. Location Map
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