HomeMy WebLinkAbout2005 08 22 Public Hearing Item 400- Request 1st Read Ordinance 2005-20, Flum Amendment 820 SR 434
CITY COMMISSION
ITEM 400
Consent
Information
Public Hearin
Re ular
x
August 22, 2005
Meeting
'1
L '
MGR. . r- IDEPT
Authorization
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2005-20, adopting a Small Scale
FLUM Amendment changing the Future Land Use Map designation of an 5.13 acre parcel, located at
820 S.R. 434, from (Seminole County) "Suburban Estates" & "Conservation" to (City of Winter
Springs) "Commercial" & "Conservation Overlay" (on those affected areas).
PURPOSE: The purpose of this request is to consider the request of Richard A. Jerman on behalf
of Hope L. Shull for a Small Scale FLUM Amendment, changing the Future Land Use Map
designation for the property at 820 S.R. 434, from (Seminole County) "Suburban Estates" &
"Conservation" to (City of Winter Springs) "Commercial" & "Conservation Overlay" (on those
affected areas).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment of such
plan...
(b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to
the governing body such changes in the 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 Sprin2s Charter Section 4.15 Ordinances in General
Winter Sprin2s 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:
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August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
CHRONOLOGY:
May 23,2005- Application received for Annexation and subsequent Future Land Use change and
Rezoning.
June 27, 2005- Adoption of Ordinance 2005-19, annexing the property.
July 6, 2005- P& Z Board (LP A) heard the request and made recommendation of Approval.
CONSIDERATIONS:
Applicant - Richard A. Jerman, 1750 W. Broadway Street, Suite 118, Florida 32765
Owner - Hope L. Shull, 820 S.R. 434, Oviedo, Florida 32765
Parcel Number- 04-21-31-300-0120-0000
Acreage - approx. 5.13 acres
General Location - The site is located on the north side of SR 434, east of the Greeneway, across
from McKinley's Mill Subdivision and adjacent to the west side of Barclay Reserve Townhomes.
Legal Description - LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE y..
Chronology of Subiect Property - The property was annexed into Winter Springs on June 27, 2005.
Existing Land Use - The property contains two small (414 SF and 1183 SF) dilapidated single
family homes and several other sheds/buildings. A car repair garage was housed in one of the
structures at one time and remnants of that activity including old vehicles, equipment and other junk
are strewn around the site. The County Future Land Use designation is SE- Suburban Estates and
Conservation. Adjacent existing land uses, zoning and FLUM designations include the following:
Existing Land Uses Zoning FLUM
East
Single Family Residential A-I (SC) Suburban Estates (SC) and
ummgg!l:~~J:Y.'.l.!~g!l:(~glm u
Conservation (WS) Conservation (WS)
Single Family Residential R-l Single Family LDR- Low Density
....(~~~~~y.~.~1~.~.:...~~~4y~!l:) . .....~~~~4~!l:!~~!(Qy.) ......m...m.......................... .....~~.~.~4~!l:!~~~(QY1........
Multi Family Residential C-l Neighborhood Commercial (WS)
....(~'.lE~I.'.l.y..~~.~~J:Y.~..T~) . .....g()~~~~~'.ll(~~)......
Yacant A-I (SC) Suburban Estates (SC) and
Conservation (SC)
Subject Site
North
South
West
(WS) Winter Springs; (SC) Seminole County; (OY) Oviedo
Development Trends - The current owner is an elderly woman who grew up on the property,
inherited it, and resides there with her husband and son, until the sale the property is completed. Mr.
J erman, the Applicant has indicated that he would like to develop the property in the near future
possibly as townhomes.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Commercial" and
"Conservation Overlay" (on those affected areas) is appropriate and compatible with the general
character of the area. Other properties in Winter Springs in this area have a future land use of
commercial.
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
Letters/Phone Calls In Favor Or Opposition - Received one inquiry regarding annexation from the
property owner of the vacant parcel to the west. No correspondence has been received from anyone
opposing the land use change.
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. A Winter Springs "Commercial" designation most closely resembles the character
of the area and maintains continuity with the adjacent properties in the City.
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 of the future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that
supports the surrounding land uses and objectives for the future of Winter Springs. The requested
future land use map designation is consistent with the surrounding areas.
Natural Lands Compatibility - The site which is adjacent to a large conservation area has some
environmentally sensitive lands which are distinguished by the "Conservation Overlay" designation.
Consistency With The Comprehensive Plan - The proposed land use designation is consistent with
the Winter Springs' Comprehensive Plan.
FINDINGS:
(1) The proposed amendment will not have an effect on the city's budget until such time as the
property develops, because the taxable value of the property is $0, given its current homestead and
"save our homes" exemptions;
(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. The back of the site is wet.
The current wetlands on the site will require mitigation through the SJRWMD. Several very large
oak and hickory trees are located toward the front of the property The Applicant will be required to
comply with the City's Tree Protection and Preservation Code Although the existing homes on the
site are very old (built in 1916 and 1938) they are also very dilapidated and have not been identified
as structures of historic significance;
(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 cause the reduction in size of this unincorporated area that is
totally surrounded by Winter Springs and Oviedo. It will further enable Winter Springs to provide
services in a more efficient manner;
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
(6) The amendment is compatible with the surrounding neighborhoods and land use;
(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 (EAR) will not be issued by the State DCA.
PLANNING & ZONING BOARD / LPA RECOMMENDATION:
At a regular meeting of the Planning & Zoning Board/LPA on July 6,2005, the Board/Agency
recommended approval of Ordinance 2005-20, with a vote of 5-0.
STAFF RECOMMENDATION:
Staff recommends that the Commission hold a Public Hearing for First Reading of Ordinance 2005-
20, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use
Map designation on the subject property at 820 S.R. 434 from (Seminole County) "Suburban
Estates" and "Conservation" to (City of Winter Springs) "Commercial" and "Conservation Overlay"
(on those affected areas).
IMPLEMENTATION SCHEDULE:
Aug. 22, 2005- 1 st Reading of Ordinance 2005-20
Sept. 1, 2005- Public Noticing in Orlando Sentinel (10 days prior to adoption)
Sept. 12,2005- 2nd Reading IAdoption of Ordinance 2005-20
ATTACHMENTS:
A- Excerpt from P&Z/LP A Minutes of July 6,2005
B- Future Land Use Map, June 2005
C- Ordinance 2005-20 induding Location Map & Legal Description
CITY COMMISSION ACTION:
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT A
Excerpt from P&Z/LP A Minutes of July 6, 2005
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING
JULY 6, 2005
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department - Planning Division
Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For
Ordinance 2005-20, Adopting A Small Scale FLUM [Future Land Use Map] Amendment
Changing The Future Land Use Map Designation Of A 5.13 Acre Parcel, Located At 820 S.R.
(State Road) 434, From (Seminole County) "Suburban Estates" And "Conservation" To (City
Of Winter Springs) "Commercial" And "Conservation Overlay" (On Those Affected Areas).
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department
presented this Agenda Item.
Ms. Sahlstrom stated, "Staff does recommend approval. We recommend that you give approval to
recommending to the City Manager [Ronald W. McLemore] adoption of Ordinance 2005-20."
Board Member Tom Brown said, "I would like to be excused from [Agenda] Items '400' and '401'
as I know these people personally."
Ms. Sahlstrom displayed photographs of the Site.
Chairman Poe opened the "Public Input" portion of this Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of this Agenda Item.
"I WILL GO AHEAD AND MAKE A MOTION ON THE ITEM [ORDINANCE] 2005-20 TO
BE - AS SUCH, I WENT THROUGH THE PROPERTIES AND LOOKED IT OVER AND
DON'T HAVE ANY PROBLEMS WITH IT AND I THINK THE STAFF MADE A GOOD
RECOMMENDATION." MOTION BY BOARD MEMBER VOSKA. CHAIRMAN POE
SAID, "I HAVE A MOTION TO APPROVE [AGENDA] ITEM '400' AS PRESENTED BY
STAFF." SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION.
VOTE:
BOARD MEMBER BROWN : ABSTAINED
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: NAY
VICE CHAIRPERSON KARR: NAY
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
CHAIRMAN POE: AYE
MOTION DID NOT CARRY.
Discussion.
Vice Chairperson Karr said, "I do not have a problem with it being developed, I just have a problem
with more town homes."
Further discussion.
"I WILL MAKE A MOTION THAT WE APPROVE [AGENDA] ITEM '400'. I MAKE A
MOTION THAT WE APPROVE THE PLANNING AND ZONING BOARD/LOCAL
PLANNING AGENCY ORDINANCE 2005-[20] ADOPTING SMALL SCALE FUTURE
LAND USE MAP AMENDMENT CHANGE IN THE FUTURE LAND USE MAP
DESIGNATION 5.13 ACRES LOCATED AT 820 STATE ROAD 434 FROM (SEMINOLE
COUNTY) 'SUBURBAN ESTATES' TO 'CONSERVATION' TO THE (CITY OF WINTER
SPRINGS) 'COMMERCIAL' AND 'CONSERVATION OVERLAY'. AND I KNOW THAT
PROPERTY BACK THERE AND AS FAR AS A WETLANDS GO, I BET THERE ISN'T
OVER THIRTY (30) FEET OF WETLANDS IN THE BACK. AS A MATTER OF FACT,
THIS BOARD APPROVED - NEXT DOOR TO BARCLAY ESTATES AND - IT HAD A
GREATER WETLAND AREA THEN THEY HAVE. MOST OF THE WETLAND WAS IN
BARCLAY." MOTION BY BOARD MEMBER BROWN. DISCUSSION.
CHAIRMAN POE STATED, "I HAVE A MOTION ON THE FLOOR TO APPROVE
[AGENDA] ITEM '400' AS PRESENTED BY STAFF. DO I HAVE A SECOND?"
SECONDED BY BOARD MEMBER VOSKA. DISCUSSION.
VOTE:
VICE CHAIRPERSON KARR: AYE
CHAIRMAN POE: AYE
BOARD MEMBER VOSKA: AYE
BOARD MEMBER TILLIS: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
Discussion.
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT B
FUTURE LAND USE MAP- JUNE 2005
OVIEDO
.
.
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT C
Ordinance 2005-20, Map & Legal Description
ORDINANCE NO. 2005-20
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 A PARCEL TOTALING 5.13
ACRES MORE OR LESS ~J) LOCATED AT 820 STATE
ROAD 434 IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED
ON EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE
COUNTY "SUBURBAN ESTATES" AND "CONSERVATION"
TO CITY OF WINTER SPRINGS "COMMERCIAL" AND
"CONSERVATION OVERLAY" (ON THOSE AFFECTED
AREAS); PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE
COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE.
'''HEREAS, 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 July 6,2005, 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
Ordinance is in the best interests of the public health, safety, and welfare of the citizens of\Vinter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
City of Winter Springs
Ordinance No. 2005-20
Page 1 of 3
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
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 aDd IDteDt 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 Amendme.ot to tbe Futu.re 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 "Suburban Estates')to City of Winter
Springs "Commercia!." Exhibit "A" is attac.hed. hereto and fully incorporated herein b)' this
reference.
SectionS. Transmittal to the Department of Community Affain. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Pian
Amendment to the Florida Department of Community Affairs, in accordance with Section
163.3187{l)(c)(4), Florida Statutes,and Section 9J.l I. Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted. by the CityConnmssioD,. or parts ofprior ordinances
and resolutions in conflict herewi~ are hereby repealed to the extent oithe conflict
Section 7. Severabilit)'. 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, whe1her for substantive, procedural, or any other reason, such portion shall
be doomed a separate. distinct and independent provision, and such holding shall not affect the
validity of the remmning portions ofthts Ordinance.
Section 8. Incorporation into Comprehensive Plan. Upon the e.ffective date of the
Comprehensive Plan Amendment adopted by this Ordinance, said Amendment sball be incorporated
into tbe City of Winter Springs' Comprehensive Phm and any section or paragraph number or letter
and any heading may be changed or modified as neces,,~ary to effectuate the foregoing.
Section 2% 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 Conunission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No de'llelopment orders, development permits~
Ci1yofWinter Sprillgs
OrdilWlce No. 2005-20
Page :2 of 3
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
or land use dependent on this Amendment may be issued or commenced before it has become
etlective. After and from the effective date of this Amendment, the Comprehensive Plan
Amendment set forth herein shall amend the City of \Vinter 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 ""inter Springs, Florida, in a regular
meeting assembled on the _ day of , 2005.
John F. Bush, Mavor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form. and sufficiency for
rh.e City of Winter Springs only:
Anthony A.. Garganese, City Attorne:y
First Reading:
Sec(}nd Reading:
Effective Date:
City of Winter Springs
Ordinance No, 2005-20
Page 3 or 3
August 22, 2005
PUBLIC HEARING AGENDA ITEM 400
ATTACHMENT C
Map & Legal Description
LOCATION MAP
WINTER
SPRINGS
OVIEDO
LEGAL DESCRIPTION:
LEG SEe 04 TWP 21S RGE 31E W 1/2 OF NE 1/4 OF NW 1/4 OF SE ~
METES & BOUNDS DESCRIPTION:
(Description as provided by Old Republic National Title Insurance Company File No 152042262)
Lot or Tract NO.3 of McElroy's 5 acre farms, described as follows:
Begin at a point 660.4 feet East and 30 feet North of the Southwest corner of the NW % of the
NW % of the SE % of Section 4, Township 21 South, Range 31 East, said point being on the
North side of the Sanford-Oviedo County Road; and run from thence North 662.8 feet to the
quarter section line; thence East 330.2 feet; thence South 662.4 feet to the North line of said
road; and thence West along the North boundary line of said road 330.2 fee to the point of
beginning; being five acres, more or less. All lying and being in Seminole County, Florida.