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HomeMy WebLinkAbout2006 06 26 Public Hearing 200 Ord 2006-05 FLUM Lucerne Circle CITY COMMISSION June 26, 2006 Meeting x ITEM 200 /~ Mgr.lDept. REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for First Reading of Ordinance 2006-05, a Small Scale FLUM Amendment which changes the Future Land Use Map designation oftwo parcels totaling 1.17 acres, located on Lake Lucerne Circle from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". PURPOSE: The purpose of this request is to consider the request of The Keewin Real Property Company on behalf of Florida Avenue LLC for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for two vacant parcels located at Florida Avenue and Lake Lucerne Circle, from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". The Keewin Real Property Company wishes to incorporate these parcels into their proposed Winter Place Townhouse development on the Dittmer property. APPLICABLE LAW AND PUBLIC POLICY s. 163.3174. Florida Statutes. Local planning agency s. 163.3184. Florida Statutes. Process for adoption of comprehensive plan or plan amendment. s. 163.3187. Florida Statutes. Amendment of adopted comprehensive plan. ss. 166.041(3)(c)2.b.. Florida Statutes. (required advertising) Rule 9J-ll.Oll. Florida Administrative Code Winter Sorinl!s Charter Section 4.15 Ordinances in General Winter Sorinl!s 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 CHRONOLOGY: Aug 24, 1987- Property Annexed into Winter Springs Sept 28, 1987-Future Land Use designation of "Light Industrial" and Rezoning to "C-2 General Commercial" Adopted by City Commission Apr 12,2006- Incomplete Application received for Florida Avenue LLC Future Land Use change Apr 20, 2006- ORC Report Received from Florida Dept of Community Affairs on Ordinance 2005- June 26, 2006 PUBLIC HEARING AGENDA ITEM 200 29, a Large Scale Comprehensive Plan Amendment on the adjacent Dittmer property which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" May 3.2006- Complete Application received for Florida Avenue LLC Future Land Use change. May 9.2006- Noticing sent to adjacent property owners within 150' feet of the subject property regarding the requested land use change. May 25. 2006-0rlando Sentinel Ad noticing the P&Z/LP A Public Hearing June 7. 2006- Local Planning Agency heard the request and made recommendation of Denial based on concern for loss of Industrial land in the City. June 12. 2006-Commission Adopted Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment on the adjacent Dittmer property, changing the Future Land Use Map designation from "Industrial" to "Medium Density Residential" CONSIDERATIONS: Applicant - The Keewin Real Property Company Owner- Florida Avenue LLC; 1920 Boothe Circle, Suite 110; Longwood, Florida 32750 Location - South of Florida Avenue and east of Lake Lucerne Circle. Total Acreage-l.17 acres, more or less. Site Information - The cleared property is currently undeveloped but is utilized for outdoor equipment storage. The property is not included in the US 17-92 CRA Redevelopment District. The parcels have an "Industrial" Future Land Use. The applicant is requesting a Future Land Use change to "Medium Density Residential": Parcel #: 33-20-30-507-0DOO-OIOO & 33-20-30-507-0DOO-0090 LEGAL DESCRIPTION: LOTS 9 AND 10, FLAMINGO SPRINGS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 72, PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA. CONTAINING APPROXIMATELY 1.17 ACRES, MORE OR LESS. Existing Land Use: Current Future Land Use: Proposed Future Land Use: Current Zoning: Vacant, undeveloped "Industrial" "Medium Density Residential" "C-2 General Commercial" Ad' t . f I d d FLUM d' t . ldthflll . .. . - - - - -~~. Existing Land Uses Zoning FLUM South Vacant, undeveloped C-2 (WS) Vacant Single Family C-2 (WS) Residence Single Family Residential A-I (SC) LDR- Low Density mmmmmmmmmmmmmmmmmmmmmmmmmmmm mm m~~~~4.~~!i~1..(~~) Wastewater & Reclaimed PUD (WS) Public/Semi-Public (WS) Water Treatment Plant Single Family Residential R-lA (SC) Industrial (WS) Industrial (WS) Subject Site North East West LDR- Low Residential (SC) Density (WS) Winter Springs; (SC) Seminole County; Development Trends - The Keewin Real Property Company is the developer ofthe adjacent Winter June 26, 2006 PUBLIC HEARING AGENDA ITEM 200 Place Townhouse development on the Dittmer property (to the north) and wishes to include these parcels within that proposed development, to reduce incompatibility concerns. Proposed Future Land Use Classification - The proposed future land use map designation from Winter Springs "Industrial" to Winter Springs "Medium Density Residential" is appropriate and compatible with the proposed Winter Place Townhouse development (to the north) and the existing residential character of the Lake Lucerne neighborhood to the south and west of these parcels. Letters/Phone Calls In Favor Or Opposition - To date no correspondence has been received from any one opposing the land use change, although there was one public records request from an attorney's office and several who spoke in opposition, at the Local Planning Agency Public Hearing. 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 objectives of the City and of the property owner. The change of land use is justified because the existing future land use of "Industrial" is not compatible with the existing residential character and current future land use of "Low Density Residential" of the Lake Lucerne area. Furthermore, the Winter Springs Comprehensive Plan indicates (FLUE Objective 1.5) that existing incompatible uses shall not be allowed to expand and shall be eliminated, when feasible. Public Facilities - At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent ofthe 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 parcels were previously cleared of vegetation with the exception of a few trees around the perimeter. There are no wetlands and it is not expected that there would be any endangered or listed species, however, the applicant will need to confirm this during the development review process. Consistency With The Comprehensive Plan - The proposed land use designation is consistent with the Winter Springs' Comprehensive Plan. FINDINGS: (1) The proposed amendment will have a positive effect on the city's budget when the property develops, because the taxable value of the property will increase; (2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated; (3) There 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. June 26, 2006 PUBLIC HEARING AGENDA ITEM 200 (4) The proposed amendment 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) The proposed amendment will eliminate the incompatibility that currently exists between the existing "Industrial" future land use and the "Low Density Residential" future land use. (6) The amendment is compatible with the surrounding neighborhood and land use as long as the land is utilized for retention or common area and does not place townhouse units immediately adjacent to the City's wastewater plant, a concern expressed by the City's Public Works Director. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) An Evaluation and Appraisal Report is not under consideration by the State at this time. LOCAL PLANNING AGENCY RECOMMENDATION: At the regular meeting of the Planning and Zoning Board / Local Planning Agency on June 7, 2006, the Board unanimously recommended Disapproval of Ordinance 2006-05. Concerns were related to the loss of industrial property and compatibility with the adjacent wastewater treatment plant. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for First Reading of Ordinance 2006-05, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of two parcels totaling 1.17 acres, located on Lake Lucerne Circle from (Winter Springs) "Industrial" to (City of Winter Springs) "Medium Density Residential". ANTICIPATED IMPLEMENTATION SCHEDULE: June 14, 2006-Public Noticing in Orlando Sentinel July 10,2006- Public Hearing for 2nd Reading /Adoption of Ordinance 2006-05 ATTACHMENTS: A- Application B- Current Future Land Use Map C- Proposed Future Land Use Map D- Excerpt from Local Planning Agency Minutes of June 7, 2006 E- Ordinance 2006-05 including Map & Legal Description COMMISSION ACTION: -r g.oO lp tlO I '.-=.-. '51..... EVANS ATTACHMENT A j~~3 ENGINEERING, INC. 719 Irma Avenue Orlando,FL32803 (407) 872-1515 (407) 246-0963 FAX www.evansenglnc.com April 27, 2006 Ifl$c: ~/", At4Y 0 IlO c/ry J IOOF co~ Of:' 111 U ~/Jfl' NrE:~ fly 0 'T S", eve/o f?/NG 'P~efll S Eloise Sahlstrom City Planner City of Winter Springs RE: Small Scale Comp Plan Applications Dear Eloise Sahlstrom: Per the comments dated April 17, 2006, the following response is provided. 1. The Keewin real property company has provided an "Owner Authorization" form for the owners of each lot that is included in each of the Small Scale Comp Amendment applications. 2. Per the sketch and description provided by Benchmark Surveyi~ Mapping, the acreage for lots 9 and 10 owned by Florida Ave, LLC is~ acres. The application has been updated and attached to this submittal. 3. The surrounding property owners' lists have been updated to exclude all right- of-ways. If additional information is required to complete this submittal, or if you have any other questions or concerns, please contact this office at 407-872-1515. Permitting and Research Technician Evans Engineering, Inc . CML ENGINEERING . LAND PLANNING . PERMITTING SERVICES . CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407.327-5967 FAX:407 -327 -6695 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT ~~ ~ C};- ~f' ~~t-.: 00;0-<, () ~ "A "'" ~ ~ VA '),~ 't-r. ("""~fl V <.)<1> ''j) v6" I--<\> 1S',o ~<?o ''t'/1< '?C9-?t G'IS' APPUC.ANT: MAILING ADDRESS: PHONE: If Applicant does NOT own the p PROPERTY OWNER: D . t MAILING ADDRESS: PHONE: PROPERTY ADDRESS: TAX PARCEL NUMBER; SIZE OF PARCEL: Existing Land Use: he Keewin Real Last 1 31 West Morse Middle 325 Zip Code Inc. First " FL 32708 State Zip Code 0170 Medium Density Res. Townhomes esting an Amendment to the Goals, Objectives, & olicies of the City's Comprehensive the proposed Amendment in detail and provide sup Current Match 2005 II; '(.,./-,./,,-, T~~ocoJ ~~ 0-.>- ~ c-~ ('I). A\ o-:? o'r , CITY OF WINTER SPRIN~ ,/~ L. COMMUNITY OEV~LOPMENT DEP'ARTMeNf{1>,-~ ~ ~ 1126 STATE ROAD 434 ;\'--t WINTER SPRINGS, FL 32708 ".,,,0\1' 401-321-5967 FAX:401-32'7-66 95 APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT APPUCANT: MAILlNG ADDRESS: PHONE: -.The t<eewin Rea 1 Lut ~031 West Mo~se Winte.z:: Por~. FL City {~0"'}6~5-44(lO P~oper~y C~mp~n~ Fnt B~v4.. S~ite 325 3~7A9 Stale Middle Zip Codt ;;:-;-'If Applicant does NOT own the property: (/-/' PROPERTY OWNER: Florida Avenue. LLC Last FirJt Midcllfl MAILING ADDRESS: 1920 Bonthe Circle, ~\1ite 110 Lonqwood, FL 32759 City State PHONE: ZIp Code This request is for the property described below: PROPER.1YADDR.ESS: I"alCe ~!-1cerne Circle, winter Spripg,. Fr, 32108 TAXPARCELNUMBER: 33-20-30-507- OnCO-OIOO#. 009.0 ;) 1~t3 ' .~ '/(/ :J "';:J 5'SF r- l SIZE OF PARCEL: +/- -14,346 ~ 7U,,' +/- ~ 1./1 SqU&R Feet Jv:;res ExistinS Land Use:. Industri al Cunent Fl1TlJRE LAND USE Cludfk.ation: I!) d us to r i tll REQUEST fora Change to City ofWintcr SptiD&a FlllURE LAND USE Classification: Mad! um Density Res. Please state the reuoua 0{ jUJti1ication for your Compnlhcnsive PIan Amendment (Future ..AUtdUseCbaDgf:): To include. tnj;,o pr9P5e~ i{int;t!!r Plat"!E! Townrycmp"l lfyau are roqucstiDa an Amendment to the Goals, Objectives, & Policies of the City's Comprclwlsive Plan, set forth the proposed ~ment in dc1li1 md provide I1.1ppQl'tiDa documentation. Cun'ent ZONING Classification: C - ~ SET 17 CPI "'LIvE...REFRESHED 03/16/061* MIst l\j.seert.AI~\It tt'm1 l.'ECEIP1T,S/06 11'42 Dati / Tise I 04/ . Pay.ant : $500.00 Receipt I lUtd1 o:m\ 1054526 r~.r~/rPDn;+ r~~-'; ?1h7 ~Ecel"EO MAY 0 3 2006 C/iy OF Co WIN,I': mml.1nity 0 R SPRINGS eveloQ[n COMPREHENSIVE PLAN AMENDMENTS are subject to the Approval of the City Commission. r;aSW action is only effective when the Notice and Vote Requirements of Chapter 166 and 171, Florida Statutes have been achieved. LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS are subject to Approval by the Florida Depart:mcnt of Community Affairs and are not effective until the Department of Community Affairs issues a ''Notice of Intent" to find the Comprehensive Plan Amendment in compliance with the requirements of Chapter 163.3184 and 163.3187, Florida Statutes. Unless otherwise provided by law, the Comprehensive Plan of the City of Winter Springs shall be amended only twice per year in accordance with 163.3187(1) F.S. and Winter Springs Code of Ordinances, Section 15-32 as follows: AlJ'Dlication submittal deadlines: Spring- No later than 5:00 p.m. on the:first Wednesday in February. The application(s) will be reviewed at a meeting of the local planning agency to be held in April or as otherwise practicable. Fall- No later than 5:00 p.m on the first Wednesday in August. The application(s) will be reviewed at a meeting of the local planning agency to be held in October or as otherwise practicable. SMALL SCALE AMENDMENTS may be approved without regard to statutory limits on the frequency of consideration of amendments to the Comprehensive Plan under the conditions approved by law. (see 163.3187 F.s.). APPUCANTS are advised, that if they decide to appeal any decisions made at the meetings or hearings, with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. THE FOLLOWING ITEMS ARE TO SESUPPLIED WITH THIS APPLICATION: Xl A copy of the most recent SURVEY of the subject property with Metes and Bounds description. i9 A copy of the LEGAL DESCRIPTION. :lEI 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. :lEI JUSTIFICATION for the Request based on Code Section 20-102(d). (See Attached List) "m NAMES and ADDRESSES of each property owner within 150 ft. of each property line. m Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). m APPLICATION FEES: FEES are as SHOWN BELOW plus ACTIJAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development COMPREHENSIVE PLAN AMENDMENT per Applicant Small Scale (Generally 10 acres or fewer) Large Scale (Generally More than IOacres; Text Amendments)'" · Purruant to Chapter 163, florid. Statutes. $ 500 $ 500 $ 1000 TOTAL DUE $ 500 2 Match 2005 EXHIBIT "C" I\'~c ~'II: 1(4}' 0 ~O Ct.,.'r J ~ cO'h Of.l1.7 cOOl 'hvfI, 'Iv"'r::. '1- 0 ty s~ e&, ~" e1o.o 'T/!\tO 'hefll S OWNERS CONSENT Re: Property located on Florida Ave., Winter Springs, Florida Tax ID # 33-20-30-507-0DOO-OlOO & 33-20-30-507-0DOO-0090, Seminole County See Exhibit "B' for Legal Description To Whom it May Concern: The undersigned, constituting the legal owner of the above-referenced property, hereby provides approval and authorization for The Keewin Real Property Company and Allan E. Keen, Chairman ("Keewin") to act as agent on owner's behalf and to appoint an engineering representative on owner's behalf with the authority to execute application or permits relate to development approvals including, but not limited to, future land use change, zoning change, annexation preliminary subdivision plan, overall Development Plan, construction plan, final platting, utility agreements and utility and public services approvals and permits (including but not limited to permits and approvals from Seminole County, City of Winter Springs, the Florida Department of transportation, the Florida Department of Environmental Protection, the St. Johns River Water Management District) and any other agencies required to process said approvals and permits for the above-referenced property. The foregoing is executed as of the date first written above. L ~ /}1.~/P: Printed name I&JI'~"+- Title Notary Public SubscribloOd and swolf !?~~or ~~/ _ This~day of~cp ~f/r ~( Notary ublic ~'),. SHERRY M COOPER ,,""I MY COMMISSION" DD529'lOO ......1\... EXPIRES: J..... 23,1010 (C7) ..01113 FIalldIl NolIry SeMce.~ Sketch of Description ~~c l$'/~ At4; 0 ~C CI,.'y J ~n COrt1C:: 111",. C tl06 ""It re" YD "Sf:) &"&/0 ~/^'G rtle"I S DESCRIPTION Lots 9 and 10, FLAMINGO SPRINGS, according to the plat thereof as recorded in Plat Book 6, Page 72, Public Records of Seminole County Florida. Containing approximately 1.17 acres, more or less. Lot 25 5 Addition Entzminger Fakrrn6 Page 27 Plat 800 , Scale: 1 w = 100' No.3 50' 'd Avenue 7 flori a er Plat Book 6. Page 2 right of way p 485 42' N 83"08'22- E . Lot 10 382.5' N 83'08'22- E Lot 9 ~w " !'4 - r i:08 IOZ >. 0,.... ~C'I/ ....., 00'1 :ctf ,g' co" i8 Em o c_ I 0 80:: .... . ., ~Q. 'f:> . "-:~ 'l?:sr;:: '" 19 0..... ~ .. C'! &, ..ol! 19 ""'.0 n ~ "'" 0,... C),.. 6l 19 \ c? .0 ~ l!I ~ ~ N 83"08'22- E Lot B . g5 Flamingo Sprln B Page 27 Plat Book , 337.5' Surveyor's Report 1. THIS IS NOT A SURVEY. 2. The bearings indicated hereon are based on the South right of way line of Florida Avenue being assumed to bear North 83'08'22- East. 3. This sketch is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Distances indicated hereon are based on the plat of Flamingo Springs, Plat Book 8. P,age 12., ,P.~blic Records of Seminole County. Not fleld work was performed as part of this Sketch of Description...... ... "'; 'i'''~':<':: .... Benchmark Surveying & Mapping Consultants, Inc. -0- Certificate of Authorization Number - LB 6796 Post Office Box 771065, Winter Garden, Florida 34777-1065 557 West Plant Street, Winter Garden, Florida 34787 (407) 654-6183 Fax (407) 654-6184 21710 Lots9and10 Pro ject # . _ .... ~ '..... k~ . Prepa~~d By.... Co <. , . J: 1\ 'l . ,. ... r . . (...,. ~ ~ " 04/19/06 Date ATTACHMENT B Current FUTURE LAND USE MAP LEGEND ; >- ~ r '" r <ri :i _ Commercial Industrial _ Medium Density Residential _ Public / Semi-Public Recreation I o 300 I 600 I 1,200 Feet LEGEND ATTACHMENT C Proposed Future Land Use Map .. Commercial Industrial .. Medium Density Residential .. Public I Semi-Public IIlI Recreation , I \ \-4,-- \ -~ \ . \.--J \ / .. I \ r.J \ I \\'L--.. _.., \ 1 , ! i . ~ .""...../ I o I 600 I 1.200 Feet 300 ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING JUNE 7, 2006 PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom presented this Agenda Item and stated, "It is Staffs recommendation that you hold a Public Hearing and make recommendation to the Commission related to this Ordinance which would be a small scale Future Land Use Map Amendment changing the Future Land Use Map (FLUM) designation of two (2) parcels totaling 1.17 acres located on Lake Lucerne Circle from Winter Springs 'Industrial' to City of Winter Springs 'Medium Density Residential'." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly spoke to the Board Members. Ms. Sahlstrom read into the Record comments from Mr. Kip Lockcuff, Director, Public Works Department. Ms. Sahlstrom added, "It would be Staffs recommendation that the Applicant be on 'Notice' that we do not support townhouses on these two (2) properties." Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: on behalf of the Highland's Homeowner's Association, Ms. Schwartz noted their objection to the Small Scale [Comprehensive] Plan Amendment for this parcel. Chairperson Karr closed the "Public Input" portion of the Agenda Item. Discussion. Ms. Furman stated, "We would be willing, in the Binding Developer's Agreement, to put something that says, 'There would not be units on this'." Ms. Sahlstrom said, "I think perhaps just at this point in time to indicate that you are not looking to put units there, might suffice for consideration of this Board." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 "I WOULD LIKE TO MAKE A MOTION TO DISAPPROVE A SMALL SCALE FUTURE LAND USE MAP AMENDMENT (FLUM) WHICH CHANGES THE FUTURE LAND USE DESIGNATION OF TWO (2) PARCELS TOTALING 1.17 ACRES LOCATED ON LAKE LUCERNE CIRCLE FROM WINTER SPRINGS 'INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. FOR CLARIFICATION, ATTORNEY GARGANESE SAID, "WOULD YOUR OPINION CHANGE IF THERE WAS SOME WAY TO LIMIT THE CONSTRUCTION OF ANY MUL TI-F AMIL Y HOMES ON THIS PROPERTY?" BOARD MEMBER POE SAID, "IT PROBABLY WOULD BUT MY OTHER CONCERN ALSO IS THE LOSS OF INDUSTRIAL PROPERTY." FURTHER DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. ATTACHMENT E ORDINANCE NO. 2006-05 AN O~INANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP ("FLUM") AMENDMENT BY CHANGING THE FLUM DESIGNATION OF THE REAL PROPERTY CONSTITUTING TWO PARCELS TOTALING 1.17 ACRES MORE OR LESS AND GENERALLY LOCATED ON LAKE LUCERNE CIRCLE IN WINTER SPRINGS, FLORIDA, AND MORE P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM WINTER SPRINGS "INDUSTRIAL" TO WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND 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 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on June 7. 2006 in accordance with the procedures established in chapter 163, Part II, Florida Statutes, on the proposed comprehensive plan amendment; and WHEREAS, the City Commission ofthe 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 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. City of Winter Springs Ordinance No. 2006-05 Page 1 of 3 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Govenunent 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 Winter Springs "Industrial" to Winter Springs "Medium Density Residential." 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 163.3187(4), Florida Statutes, and Section 9J-11, 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 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 of this 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, 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 City of Winter Springs Ordinance No. 2006-05 Page 2 of 3 Springs' Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2006. 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: City of Winter Springs Ordinance No. 2006-05 Page 3 of 3 Sketch of Description Ordinance 2006-05 Exhibit 'A' DESCRIPTION Lots 9 and 10, FlAMINGO SPRINGS, according to the plat thereof os recorded in Plot Book 6, Page 72, Public Records of Seminole County Florida. Containing approximately 1.17 acres, more or less. lot 25 5 Mdition EntzmInger F~rm6 Page 27 Plot Boo" , No.3 Scale: 1 N 100' 50' 'd "venue F\on 0 Plot BooK right of way per N 8~"08'2.2- E Lot 10 3&2.5' N 83"08'2.2- E Lot 9 6, Page 27 485.42' :.... J.. !'l ... r - 8 ~;z >0. or-- ~C'l ....1) 00> :rtf .g'cti 'tl.x I) 0 ~~ To 50: L . I) ~a. 't,. .... <... :Q~ f:S,.. " 0..... ~ +0 (I~ ;J.. "" -0 "" ~ ~~ Q,.. ~ ~ " 00 r,: (j> -0 <?P. ell J ~ N 8~'O8'22- E lot 8 5 'ngs Flamingo pn Plot BooK 8, page 27 ~~7,5' Surveyor's Report 1. THIS IS NOT A SURVEY. 2. The bearings indicated hereon ore based on the South right of way line of Florida Avenue being assumed to bear North 83'08'22- Eost. .3. This sketch is not valid without the sIgnature and the original raised seal of a Florida licensed surveyor and mapper. 4. Distances indicated hereon are based on the plat of Flamingo Springs, Plot Book 8, P,oge 12, PlIblic Records of Seminole County. Not field work wos performed os part of this Sketch of Description.;.' '..... .~.:~.:..:..,:.. 04/19/06 Date r.... .' ft Benchmark Surveying & Mopping Consultants. Inc. V Certificate of Authorization Number - LB 6796 Post Office Box 771065. Winter Garden, Florida .34777-1065 557 West Plant Street, Winter Gorden, Florida 34787 (407) 654-618.3 Fax (407) 654-6184 21710 Lots9and10 Pro ject 1/ JUNE 26, 2006 THIS DOCUMENT WAS HANDED OUT TO THE CITY COMMISSION DURING PUBLIC INPUT BY MS. HELGA SCHWARZ REGARDING PUBLIC HEARING AGENDA ITEMS 200 AND 201. 1211 Deer Run Winter Springs Commission Agenda Item 303 June 26, 2006 .:. City has strong ordinances in place for Town Center, SR 434 corridor, etc. .:. Residential neighborhoods have been over looked - until the "barn." .:. Ordinance 20Of:3-0S was put in place. .:. It appears that the appeal regarding Item 303 on tonight's agenda - garage at 1211 Deer Run - will be one of the first cases. .:. Several points to consider - >> Should a breezeway really be considered - "Attached"? . Shouldn't attached be an actual continuation of the home? >> Regarding the photos of non-standard garages in the "neighborhood"- . The homes in unincorporated Seminole County shouldn't be considered - they are in County not City. · 1079 Dyson Drive looks like a pole barn. · 1104 Otter Lane is a business - Winter Park Refrigeration. . Houses on Arabian are really in a different neighborhood - · Much larger "estate" lots. · Homes & garages are setback much further than Deer Run homes. . 1146 Howell Creek - · Unattached 3 car garage - opposite side of drive. · Garage doors do not face street. · Is just outside (south) of Winter Springs city limits sign, but property appraiser shows inside city. . 1059 Deer Run - garage at angle. . 1305 Deer Run - can see a carport from the street, not a garage. . 1209 Swan - 1 st barn - garage door is hidden by house. Connected by a breezeway. AC unit in upper floor of garage. . 1204 Deer Run - in process of converting garage to living. Did not see a replacement garage. · 1113 Ocelot - in process of converting garage to living. Did not see a replacement garage. . The last two may be requesting a garage. Conclusion- . We are just starting to see the tip of the iceberg - · As property values rise & land becomes more scarce, more people are going to become more inventive with remodeling and expanding existing houses. · You will probably see more & more similar requests. . There is one possible exception of a garage door facing the street in the immediate neighborhood - the "barn" at the corner of Deer Run & Northern Way. . Connecting a garage to the home with a breezeway does not make the structure compatible with other homes in the neighborhood. . Having the entrance to the garage facing the street does not make the structure compatible with other homes in the neighborhood. . Please do not start a new trend - uphold staff's recommendation to deny the request to build the garage as requested at 1211 Deer Run. >> In addition - . Homes in this neighborhood were built with garages, not facing the street. . From this point forward I suggest that before someone is issued a building permit to convert their existing garage to living space, they provide a plan to replace the garage with one that will be compatible with the neighborhood.