HomeMy WebLinkAbout2003 07 02 Regular Item A
"
..
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2, '2003
PLANNING AND ZONING BOARD - LOCAL PLANNING AGENCY
PUBUC HEARING AGENDA ITEM
July 2, 2003
A. Small Scale Comprehensive Plan Amendment (Ordinance 2003-19) Changing the Future
Land Use Map from Seminole County "Low Density Residential" to Winter Springs "Town
Center" for the Properties located at 1204, 1206, 1208, & 1210 Orange Avenue.
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 Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan am~ndment 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 comprehe~sive 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 direcdy 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...
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Article III. Comprehensive Plan Amendments
Section 15-30. Authorit;y. 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 mth 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.
I. SUMMARY OF APPLICATION
A. APPLICANTS:
James F. Pullen 1208 ORANGE AVENUE & Louise Conti 1206 ORANGE AVENUE
B. REQUEST:
Subsequent to annexation (Second Reading/Adoption of Ordinance 2003-18, June 23,
2003), the Applicants are requesting a Small Scale Comprehensive Plan Amendment,
/~
';
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July Z, Z003
changing the Future Land Use designation from Seminole County "Low Density
Residential" to Winter Springs "Town Center".
C. SITE INFORMATION:
Four different contiguous parcels are included.
Parcel A-
· Owner- Michael S. Duffy
· Parcel Number- 31-20-31-502-0000-0040
.
Acreage- 21,922 SF more or less
General Location- The site is located at 1210 ORANGEA VENUE.
Current Future Land Use Designation- (County) Low Density Residential
Legal Description (Metes and Bounds)- Beginning at the Southeast comer of Lot 5
of Estes Tuskawilla, as recorded in Plat Book 8, Page 29 of the Public Records of
Seminole County, Florida, run along the Northerly right-of-way line of Orange
Avenue, N 60 D 23' 27" W, 60.00 feet; thence leaving said right-of-way line run N
22 D 12' 23" E, 363.00 feet; thence run S 64 D 27' 11" E, 59.88 feet; thence run S 22
D 15' 01" W, 367.24 feet to the Point of Beginning.
.
.
.
Parcel B-
· Owner- Terry R. Heidage
.
Parcel Number- 31-20-31-502-0000-0020
.
Acreage- 53,892 SF more or less
General Location- The site is located at 1204 ORANGE AVENUE.
Current Future Land Use Designation- (County) Low Density Residential
.
.
· Legal Description- Begint)ing at the Southeast comer of Lot 2 of Estes Tuskawilla,
as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County,
Florida, also being the Point of Beginning, run along the Northerly right-of-way line
of Orange Avenue, N 60 D 23' 27", 60.00 feet; thence leaving said right-of-way line
run N 22 D 07' 02" East, 703.29 feet, thence run S 64 D 27' 11" E, 60.15 feet;
thence run S 22 D 09' 43" W, 347.51 feet; thence run S 60 D 25' 30" E, 60.28 feet;
thence run, 60 D 23' 27" E, 7.34 feet; thence run S 22 D 12' 23" W, 40.00 feet;
thence run S 60 D 23' 27" E, 33.00 feet; thence run S 22 D 12' 23" W, 83.00 feet;
thence run N 60 D 23' 27" W, 40:34 feet; thence run N 60 D 24' 48" W, 60.18 feet;
thence run S 22 D 09' 43" W, 237.00 feet to the Point of Beginning.
Parcel C-
· Owner- James F. Pullen
.
Parcel Number- 31-20-31-502-0000-0030
.
Acreage- 36,746 SF more or less
General Location- The site is located at 1208 ORANGE AVENUE.
.
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2,2003
.
Current Future Land Use Designation- (County) Low Density Residential
Legal Description- Beginning at the Northwest corner of Lot 3 of Estes Tuskawilla,
as recorded in Plat Book 8, Page 29 of the Public Records of Seminole County,
Florida, also being the Point of Beginning, run S 64 D 27' 11" E, 100.22 feet; thence
run S 22 D 12' 23" W, 394.60 feet; thence run N 60 D 23' 27" W, 33.00 feet; thence
run N 22 D 12' 23" E, 40.00 feet; thence tun N 60 D 23' 27" W, 7.34 feet; thence
run N 60 D 25' 30" W, 60.28 feet; thence tun N 22 D 09' 43" E, 347.51 feet to the
Point of Beginning.
.
Parcel D-
· Owner- Louise Conti, Carl Conti & Janice Johnson et a1
.
Parcel Number- 31-20-31-S02-0000-003A
.
Acreage- 23,802 SF more or less
General Location- The site is located at 1206 ORANGE AVENUE.
Current Future Land Use Designation- (County) Low Density Residential
Legal Description- Beginning at the Southwest corner of Lot 1, Estes Tuskawilla,
according to the plat thereof as recorded in Plat Book 8, Page 29, Public Records of
Seminole County, Florida; thence run along the Northerly right-of-way of Orange
Avenue, S 60 D 23' 27" E, 120.00 feet to the Point of Beginning; thence tun N 22 D
09' 43" E, 237.00 feet; thence run S 60 D 24' 48" E, 60.18 feet; thence run S 60 D
23' 27" E, 40.34 feet; thence tun S 22 D 12' 23" W, 237.03 feet, thence run N 60 D
23' 27"W, 100.33 feet to the Point of Beginning. Subject to an easement for ingress
and egress over the Easterly 20 feet of the westerly 40 feet of said Lot 4.
.
.
.
Existing Land Use- The properties are currently 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:
Existing Lat~d Usc~' I I ~ FLUM
Zoning
I - . I
Subject Low Density R-l (SC) Low Density Residential
Properties Single Family Residential (SC)
--------
North Lake Jesup
South Vacant Town Ctr District (WS) Town Ctr District (WS)
East Low Density R-I (SC) Low Density Residential
Single Family Residential (SC) ,
West Low Density R-I (SC) Low Density Residential
Single Family Residential (SC)
(WS) WUlter Springs; (SC) Seminole County; (0) Oviedo
Development Trends- The subject properties are already developed as single family homes.
No land use changes have been proposed.
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2, 2003
Proposed Future Land Use Classification- The proposed future land use classification
change from Seminole County "Low Density 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 properties are located adjacent to the current Town Center District,
boundary.
Letters/Phone Calls In Favor Or Opposition- Only informational requests as of June
18,2003.
II. COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
A. Justification for Future Land Use Designation:
The requested future land use designations have been determined by evaluating the
prevailing character of the immediate 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 these parcels to reflect Winter Springs' Future Land Use
designations. The requested FLUM designations allow for the continuation of the existing
land uses.
B. Public Facilities:
All of the subject properties are already developed. At this time, no changes are being
proposed to the existing development. Therefore, the proposed FLUM 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 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.
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2, 2003
III. FINDINGS
A. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
B. The request is in conformance with the purpose and intent of the 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, the request would not result in any incompatible land uses, including such factors as
height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other
factors deemed important.
IV. STAFF RECOMMENDATION
Staff recommends that the Planning and Zoning Board recommend Approval to the City
Commission changing the Future Land Use Map classification (Ordinance 2003-19) on the
subject properties from "Low Density Residential" (Seminole County) to "Town Center
District" (Winter Springs).
V. ATTACHMENT
A. Location Map
B. Ordinance 2003-19
VI. PLANNING & ZONING BOARD ACTION
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2,2003
ATTACHMENT "A"
Location Map
to~~
'"
...
Planning & Zoning Board - Local Planning Agency
Public Hearing Item A
July 2, 2003
ATTACHMENT "lB"
ORDINANCE NO. 2003-19
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY CONSTITUTING FOUR (4) PARCELS
TOTALING 3.09 ACRES MORE OR LESS AND LOCATED
ON ORANGE A VENUE IN WINTER SPRINGS, FLORIDA,
AND MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED ONEXHIBIT "A" ATTACHED HERETO FROM
SEMlNOLE COUNTY "LOW DENSITY RESIDENTIAL" TO
CITY ,OF WINTER SPRINGS "TOWN CENTER";
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCORPORATION INTO
THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale
amendment to the City of Winter Springs Comprehensive Plan in accordance with Section
163.3 187 (1)( c), Florida Statutes; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing on July 2, 2003, in accordance with the procedures in Chapter 163, Part II, 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
WHEREAS, the City Commission of the 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. 2003-19
Pagel of 4
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive 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, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION 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.
Authority. 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 clarify, expand, correct, update, modify and otherwise further the provisions of the City
of Winter Springs' Comprehensive Plan.
Section 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 property depicted on Exhibit "A" from Seminole County "Low Density Residential" to City of
Winter Springs "Town Center.", 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
Amendment to the Florida Department of Community Affairs, in accordance with Section
City of Winter Springs
Ordinance No. 2003-19
Page 2 of 4
163.3187(1)(c)(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 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
competent jurisdiction, 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.
Section 8.
Incorporation into Comprehensive Plan. Upon the effective date of the
Comprehensive Plan Amendment 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 necessary to effectuate the foregoing.
Section 9.
Effective Date and Legal Status of the Plan Amendment. The effective
date ofthis Ordinance shall take effect thirty-one (31) days after adoption, in accordance with Section
l63.3187(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance, then this
Ordinance shall become effective at such time 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, 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
City of Winter Spririgs
Ordinance No. 2003-19
Page 3 of 4
shall 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' Comprehensive Plan, as
am'ended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the
day of
,2003.
John F. Bush, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
F:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2003-19.wpd
City of Winter Springs
Ordinance No. 2003-19
Page 4 of 4