Loading...
HomeMy WebLinkAbout2005 02 28 Public Hearings 400 Second Reading/Adoption of Ordinance 2005-04 Changing Future Land Use COMMISSION AGENDA ITEM 400 Consent Information Public Hearine X Reeular February 28. 2005 Meeting ~ .k_ MGR.i' IDEPT j/Y Authorization REQUEST: The Community Development Department- Planning Division requests the Commission as a corrective action, hold a Public Hearing for Second Reading! Adoption of Ordinance 2005-04, a Small Scale Comprehensive Plan Amendment changing the current Future Land Use Map designation from "Low Density Residential" to "Commercial" for one (1) parcel located at the northeast comer of Parks tone Blvd. and SR 434, within the Parkstone PUD. Parkstone had a "Mixed Use" Future Land Use Map designation at the time the project was being master planned in 1995. At some point the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ord. 2001-55. PURPOSE: The Approved Parkstone Master Plan for the PUD provides certain entitlements to subject parcels which are not reflected in the current Future Land Use designation of "Low Density Residential." The applicant has initiated the request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation to "Commercial" so that the existing vacant property can be developed into a C-1 Neighborhood Commercial use. This request is consistent with the approved 1997 PUD Master Plan documents. 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. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority. purpose and intent: @) February 28,2005 PUBLIC HEARING AGENDA ITEM 400 Page 2 of 12 Section 15-36. Review criteria: Section 15-37. Local Planning Agency Review and Recommendation: CHRONOLOGY: Apr. 21, 1995-Application for Zoning change from RU to PUD and Master Plan submitted. Records document that a "Mixed Use" FLUM designation was in place. Aug. 28, 1995-Commission approved Master Plan Sept.25, 1995-Commission adopted Rezoning from RU to PUD Sept. 3, 1997- P&Z approved Master Plan Revision reducing Tract C from 13 to 2 acres and re- designating Tract C & D from Flexible Land Use to Neighborhood Commercial and Professional Office Jan. 12,2004- 2nd Reading/Adoption Public Hearing of Lg Scale FLUM corrective action for three (3) parcels located at the northwest corner of Parks tone Blvd. and SR 434, within the Parkstone PUD, Ordinance 2003-35. Dec. 26, 2004-Public Noticing in Orlando Sentinel ofLPA Public Hearing Jan. 5,2005- P& Z Board (LPA) heard the request and did not make a recommendation Jan. 21, 2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing Feb. 1,2005- P& Z Board (LPA) heard the request and made a recommendation to the Commission Feb. 14,2005- 1st Reading of Ordinance 2005-04 Feb. 17,2005- Public Noticing in Orlando Sentinel (10 days prior to adoption) Feb. 28, 2005- 2nd Reading / Adoption of Ordinance 2005-04 CONSIDERATIONS: Applicant - Gary Gamble Owner- Gary Gamble 462 Mangrove Ct.; Lake Mary, FL 32746 Phone: 407-333-1602 Parcel #s: - 35-20-30-5PH-ODOO-0000 Acreage- 1. 7 5 acres General Location - The property is located on the northeast comer of Parks tone Blvd. & SR 434 in the Parkstone PUD in the center of the City. Legal Description - Tract D of Parks tone Unit 1, Plat Book 56, Page 17 thru 21. Chronology of Subiect Property - The Parkstone PUD project was originally submitted and approved in 1995. At that time, City records indicate that the Parkstone properties had an existing Future Land Use Map designation of "Mixed Use". The Master Plan was revised and approved in 1997 identifies that this tract may include the following uses: a. Those uses permitted in the C-l Neighborhood Commercial District b. Professional Offices Additionally, the Final Subdivision Plan was approved in Jan. 1998 and provided certain entitlements to the subject property for Neighborhood Commercial or Professional Office and the phasing documentation acknowledged that the subject parcels would be developed as market conditions warrant. February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 3 of 12 Existing Land Use - The parcel is currently undeveloped, vacant property. It is anticipated that the development of the subject property will proceed after the corrective action amending the large-scale comprehensive land use is approved. Development Trends - Rapid infill development along SR 434 is taking place in the area of the subject property. Development of the subject property continues this trend. Proposed Future Land Use Classification - The current ("Low Density Residential") Future Land Use is inconsistent with the intent of the PUD for the out parcels along SR 434. The proposed future land use map designation of "Medium Density Residential", as requested by the Applicant, is appropriate and compatible with Parkstone's 1997 amended Master Plan and is appropriate and compatible with the adjacent land uses. Letters/Phone Calls In Favor Or Opposition - None as of Dec. 20, 2004. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues that staff analyzed m revIewmg this application: Justification for Future Land Use Designation - The Applicant is requesting the land use change to allow the construction of a C-1 Neighborhood Commercial use including Professional Office. Although the current Future Land Use Map designation is "Low Density Residential", the approved PUD Master Plan, revised Master Plan and Subdivision Plan allowed for Neighborhood Commercial use on this parcel. At some point, due to a scrivener's error, the FLUM was changed to "Low Density Residential" which was then formally adopted by the Commission and submitted to DCA with the adoption of the Comprehensive Plan by Ordinance 2001-55. The Applicant's request for "Commercial" is consistent with the PUD entitlement. This request is appropriate given the prevailing character of the immediate area, the surrounding land use, and the future goals and objectives of the City. Public Facilities - Winter Springs has the necessary facilities in place to support the development of this site in a C-l Neighborhood Commercial use including Professional Office. The entrance to the site is off of Parks tone Blvd. Nuisance Potential Of Proposed Use To Surrounding Land Uses - As part of the approval process for Parkstone in 1998, the developer was required to construct a solid 6' brick wall as part of the first phase of development along the perimeter of the subject property. This wall provides a visual barrier from SR 434 to the single family development and was intended to buffer the residences from the future commercial use. Setbacks and landscaping will further buffer residents adjacent to the development. Natural Lands Compatibility- A portion of the Parkstone PUD (along Lake Jessup) is already designated as conservation on the Future Land Use Map. No changes are proposed to the conservation area. February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 4 of 12 The subject property was cleared for construction previously, so there are no trees on the subject property. The property does not include any wetlands and there are no environmental concerns known. The property is relatively flat and is not subject to flooding and does not have any historic significance that has been recorded. Consistency With The Comprehensive Plan - The application for a Small Scale Comprehensive Plan Amendment changing the Future Land Use map designation is found to be in compliance with the Goals and Objectives of the Winter Springs Comprehensive Plan. FINDINGS: The proposed amendment: (1) Will have a favorable effect on the City's economy; (2) Will not diminish the level of service (LOS) of public facilities; (3) Will not be an unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) Is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (5) Will not unduly burden public facilities. The city is able to provide adequate service from public facilities to the affected property. (6) Will 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 to the public health, safety, welfare, economic order, or aesthetics of the City or region. The proposed amendment is consistent with the PUD Master Plan; (7) Will not cause the comprehensive plan to be internally inconsistent; (8) Will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The amendment is compatible with the contents of the City's Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. P&Z / LOCAL PLANNING AGENCY RECOMMENDATION: At its regular meeting of Feb. 1, 2005, the P&Z/LP A made recommendation to the Commission for approval of Ordinance 2005-02. STAFF RECOMMENDATION: Staff recommends that the Commission hold a Public Hearing (as a corrective action) for Second Reading/ Adoption of Ordinance 2005-04, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at the northeast comer of Parkstone Blvd. and SR 434 (within the Parkstone PUD) from "Low Density Residential" (City of Winter Springs) to "Commercial" (City of Winter Springs). ATTACHMENTS: A- Ordinance 2005-04 including Map & Legal Description B- Excerpt ofP&Z/LPA Minutes of Jan. 5,2005 and Feb. 1,2005 COMMISSION ACTION: February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 5 of 12 ATTACHMENT A ORDINANCE 2005-04 ORDINANCE NO. 2005-04 AN ORInNANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. FLORIDA, ADOPTING A SMALL SCALE COMPREHENSIVE PLAN FLUl\1 AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING ONE 0) PARCEL TOTAI~ING 1.75 ACRES MORE OR LESS AND LOCATED EAST OF PARKSTONE BOULEV ARD AT STATE ROAD 434 IN WINTER SPRINGS. FLORIDA, AND MORE PARTICULARLY DEPICTEO ANO I~EGALLY DESCRIBED ON EXHIBIT "A" ATTACHEO HERETO. FROM CITY OF WINTER SIJRlNGS "LOW DENSITY RESIDENTIAl}' TO CITY OF WINTER SPRINGS "COMMERCIAL;" PROVIOING FOR THE REPEAL OF PRIOR INCONSISTENT OROINANCES AND RESOLUTIONS, SEVERABILITY, INCORlJO&\ TION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DA TE. 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 163.3187(1 )(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on January 5,2005 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 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 Ordi nance 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 ''''INTER SIJRINGS HEREBY ORDAINS, AS I"OLLOWS: City of Winter Springs Ordinance No. 2005-04 Page I of 3 February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 6 of 12 ATTACHMENT A ORDINANCE 2005-04 Sectionl. Rt'Citals. The foregoing recita Is are true and correct and are fu 11 y 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, con-ect, 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 l\lap. The C it)' of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Composite Exhibit "A" from City of Winter Springs "Low Density Residential" to City of Winter Springs "Commercial." Exhibit "A" is attached hereto and fully incorporated herein by this reference. Section 5. Transmittal to the Oepartment 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 163.3187(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 ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent ofthe 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 comt 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 pOltions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said A mendment 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. Effectin 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 after adoption ofthis Ordinance, then this Ordinance shall become effective at such 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, development permits, City ofWinler Springs Ordinance No. 2(X)5-04 Page 2 of 3 February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 7 of 12 ATTACHMENT A ORDINANCE 2005-04 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 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 amended. ADOPTED by the City Commission of the City of Winter Springs, Florida. in a regular meeting ..l.<;sembled on the _ day of ,2005. .John F. Bush, l\layor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal fonn and sumci(~l1cy for the City of Winter Spl'ings only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City or Vi inter Springs Ordinance No. 2005-04 Page 3 01 3 February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 8 of 12 ATTACHMENT A ORDINANCE 2005-04 Exhibit A MAP SUBJECT SITE OUT LEGAL DESCRIPTION Tract D of Parkstone Unit 1, Plat Book 56, Page 17 thru 21. February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 9 of 12 ATTACHMENTB Excerpt from P&Z/LP A Minutes of Jan. 5,2005 & Feb. 1,2005 CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING JANUARY 5, 2005 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 402. Community Development Department - Planning Division Requests That The Planning And Zoning Board/Local Planning Agency As A Corrective Action, Hold A Public Hearing To Consider A Small Scale Comprehensive Plan Amendment (Ordinance 2005-04) Changing The Current Future Land Use Map Designation From "Low Density Residential" To "Commercial" For One (1) Parcel Located At The Northeast Corner Of Parks tone Boulevard And State Road 434, Within The Parkstone PUD (Planned Unit Development). Parkstone Had A "Mixed Use" Future Land Use Map Designation At The Time The Project Was Being Master Planned In 1995. At Some Point The FLUM (Future Land Use Map) Was Changed To "Low Density Residential" Which Was Then Formally Adopted By The Commission And Submitted To DCA (Department Of Community Affairs) With The Adoption Of The Comprehensive Plan By Ordinance 2001-55. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. Discussion. Chairman William Poe opened the "Public Input" portion of this Agenda Item. Mr. Neal Smith, 292 Tavestock Loop, Winter Springs, Florida: addressed his concerns on the Zoning Designations and Traffic issues. Ms. Sahlstrom responded, "I will make note that the homeowners wish the height - not exceed a one (1) or two (2) story building." Ms. Sahlstrom added, "I don't recall ifthe PUD (Planned Unit Development) documents specify a height." Ms. Sahlstrom said, "I will check that and make sure." With discussion on the traffic issues, Board Member Brown stated for the record that he is on the Police Advisory Board. February 28,2005 PUBLIC HEARING AGENDA ITEM 400 Page 10 of 12 ATTACHMENT B Excerpt from P&Z/LP A Minutes of Jan. 5, 2005 & Feb. 1, 2005 Mr. Russell Hawkins, 740 Seneca Meadows Road, Winter Springs, Florida: spoke on his concerns with traffic issues. Mr. Chris Brown, 242 Tavestock Loop, Winter Springs, Florida: addressed his concerns regarding the traffic. Chairman Poe closed the "Public Input" portion of this Agenda Item. Discussion. "MOTION IS THAT WE TABLE THE ITEM FOR LACK OF INFORMATION." MOTION BY BOARD MEMBER BROWN. SECONDED BY CHAIRPERSON KARR. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: AYE BOARD MEMBER BROWN : AYE BOARD MEMBER VOSKA: NAY CHAIRMAN POE: NAY MOTION DID NOT CARRY. "I MAKE A MOTION - THAT THIS WILL COME BACK IN FRONT OF US AND AT THAT TIME WE WILL HAVE ALL THE INFORMATION - WHAT IS GOING IN AND WHAT'S NOT GOING IN AS FAR AS - THE PRELIMINARY TO KEEP THE BALL ROLLING AND SPACE - I WOULD LIKE TO MAKE THE MOTION THAT WE GO AHEAD AND ACCEPT IT." MOTION BY BOARD MEMBER VOSKA. CHAIRMAN POE STATED, "MOTION ON THE FLOOR TO ACCEPT COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION AS PRESENTED BY ELOISE [SAHLSTROM] IN THE MINUTES." MOTION BY CHAIRMAN POE. SECONDED. DISCUSSION. Tape liS ide B VOTE: BOARDMEMBERBROWN: NAY BOARD MEMBER VOSKA: NAY VICE CHAIRPERSON KARR: NAY CHAIRMAN POE: AYE MOTION DID NOT CARRY. FUTURE AGENDA ITEMS ~ _.~--_.. February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 11 of 12 ATTACHMENT B Excerpt from P&Z/LP A Minutes of Jan. 5,2005 & Feb. 1,2005 Chairman Poe stated, "We had an [Agenda] Item [402] - that the Board was split this evening. I still have some concern as to whether we stand on legal ground or not. I would like to put that on the Agenda again. But, I think we need either the City Manager or the City Attorney to come in here and give us some advice." Tape 2/Side A CITY OF WINTER SPRINGS UNAPPROVED MINUTES PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY REGULAR MEETING FEBRUARY 1,2005 (RESCHEDULED FROM FEBRUARY 2, 2005) PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department - Planning Division Requests That The Planning And Zoning Board/Local Planning Agency As A Corrective Action, Hold A Public Hearing To Consider A Small Scale Comprehensive Plan Amendment (Ordinance 2005-04) Changing The Current Future Land Use Map Designation From "Low Density Residential" To "Commercial" For One (1) Parcel Located At The Northeast Corner Of Parkstone Boulevard And SR [State Road] 434, Within The Parkstone PUD (Planned Unit Development). Parkstone Had A "Mixed Use" Future Land Use Map Designation At The Time The Project Was Being Master Planned In 1995. At Some Point The FLUM (Future Land Use Map) Was Changed To "Low Density Residential" Which Was Then Formally Adopted By The Commission And Submitted To DCA (Department Of Community Affairs) With The Adoption Of The Comprehensive Plan By Ordinance 2001-55. Chairman Poe opened the "Public Input" portion of this Agenda Item. Ms. Catherine Peterson, 1235 Stone Harbour Road, Winter Springs, Florida: addressed the Board Members regarding her concerns on the commercial property and traffic issues at Parkstone subdivision. Ms. Peterson stated, "We would like to be notified when the plans are submitted." ~~-- I February 28, 2005 PUBLIC HEARING AGENDA ITEM 400 Page 12 of 12 ATTACHMENT B Excerpt from P&Z/LPA Minutes of Jan. 5,2005 & Feb. 1,2005 Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development stated, "The way we handle 'Noticing' requirements is if it is a 'Land Use' change we do actually send out certified letters to property owners within a one hundred fifty feet (150'). Ifit is a 'Site Plan' submittal, it goes through the Staff for Staff review and then that 'Site Plan' would then come to this Board for review." Mr. Gary Gamble, 462 Mangrove Court, Lake Mary, Florida: as the Real Estate Broker and owner of the commercial property at Parkstone, Mr. Gamble said, "I just did it with literally, no 'Use' in mind. Several years later - I do not have a clue what to do with that property other than the fact that 1 did buy it - I bought with the intention of eventually putting a building on it." Mr. Gamble added, "Basically, what 1 want to do is find a good long term tenant and build them [Parkstone] an approved and acceptable facility that the City will endorse." Tape I/Side B Furthermore, Mr. Gamble said, "I asked for the corrective action to be taken. I would hope that in the interest of fair play and proper procedure - other than that, when the time comes - I'll make application through the proper procedures and then current requirements. " Chairman Poe closed the "Public Input" portion of this Agenda Item. "I'LL MAKE A MOTION THAT THE PLANNING AND ZONING BOARD [/LOCAL PLANNING AGENCY] RECOMMENDS AS A CORRECTIVE ACTION WE HOLD A PUBLIC HEARING AND [MAKE] RECOMMENDATION TO THE CITY COMMISSION RELATED TO THE ORDINANCE 2005-04, WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND CHANGES THE FUTURE LAND USE MAP (FLUM) DESIGNATION ON THE SUBJECT PROPERTY AT THE NORTHEAST CORNER OF PARKSTONE BOULEVARD AND [STATE ROAD] 434 WITHIN THE PARKSTONE PUD (PLANNED UNIT DEVELOPMENT) FROM 'LOW DENSITY RESIDENTIAL' CITY OF WINTER SPRINGS TO 'COMMERCIAL' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER BROWN. SECONDED BY BOARD MEMBER VOSKA. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE BOARD MEMBER TILLIS: AYE CHAIRMAN POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED.