HomeMy WebLinkAbout2002 07 08 Public Hearings B Second Reading - Ordiance 2002-01 FLUM
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
~
July 8, 2002
Meeting
Mgr. / Attor /
Authorization
REQUEST:
The Community Development Department requests the City Commission conduct a public hearing
for the second reading of Ordinance 2002-01 that would assign a Future Land Use Map (PLUM)
designation of (City of Winter Springs) "Commercial" to the properties totaling 7.561 acres, located
north and south of Nursery Road and adjacent to U.S. Highway 17/92.
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for second
reading of Ordinance 2002-01 to assign a City of Winter Springs FLUM designation of
"Commercial" to the subject properties.
APPLICABLE LAW AND PUBLIC POLICY:
Applicable law includes Chapter 163.3187 of the Florida Statutes, which states "Any local
government comprehensive plan amendments directly related to proposed small scale
development activities may be approved without regard to statutory limits on the frequency of
consideration of amendments to the local comprehensive plan. A small scale development
amendment may be adopted only under the following conditions.... The proposed amendment
involves a use of 10 acres or fewer and the cumulative annual effect of the acreage for all small
scale development amendments adopted by the local government shall not exceed 60 total acres
annually. "
COD/June 27, 200219:11 AM
July 8, 2002
PUBLIC HEARING AGENDA ITEM B
Page 2
CONSIDERATIONS:
. The subject properties were annexed into the City on January 22,2001 and never assigned
City FLUM designations.
. The applicant intends to later develop the properties for commercial use.
. As shown below, the FLUM designations of surrounding properties are a combination of
residential and commercial uses.
FUTURE LAND USE MAP DESIGNATIONS:
SOUTH:
EAST:
(Seminole County) "Low Density Residential" (Maximum 4 dwelling units
per acre) and (Seminole County) Commercial
(Seminole County) "Commercial"
(Seminole County) "Low Density Residential" (Maximum 4 dwelling units
per acre) and (Winter Springs) "Urban Density Residential" (12.1 to 21
dwelling units per acre)
(City of Longwood) "Commercial"
NORTH:
WEST:
. This application is consistent with the Comprehensive Plan's characterization of the areas
along U.S. Highway 17/92 as commercial, with mostly automotive services, warehousing,
storage yards and other commercial uses occurring along the corridor.
. The comprehensive plan further describes U.S. Highway 17/92 as an urban arterial intended
to serve moderate to large traffic volumes consistent with intense commercial development.
. While the proposed FLUM designation is consistent with adjacent properties along U.S.
Highway 17/92, an effective screening method and/or masonry wall would protect adjacent
single-family and multi-family neighborhoods from the potential negative impacts of
commercial development should it occur on the subject properties.
FINDINGS:
1. The proposed FLUM amendment of "Commercial" would be compatible with the intense
commercial character of adjacent development along the U.S. Highway 17/92 corridor
and consistent with the adopted Comprehensive Plan.
2. The proposed FLUM amendment of "Commercial" would not negatively impact adjacent
properties along U.S. Highway 17/92, since those properties are already developed for
commercial and light industrial use.
3. The residential character of adjacent single-family and multi-family neighborhoods to the
north and east of the subject properties would be protected from the potential negative
impacts of the proposed amendment through conditions stated in the proposed
development agreement.
COD/June 27, 2002/9:11 AM
July 8, 2002
PUBLIC HEARING AGENDA ITEM B
Page 3
4. At the expense of the developer, the City would extend sewer, water and other utilities to
the subject properties when future development occurs.
FISCAL IMPACT:
None.
PLANNING AND ZONING BOARD RECOMMENDATION:
On March 7, 2001, the following motion was made by Vice Chairman Fernandez:
"BASED UPON THE TESTIMONY RENDERED HERE THIS EVENING, THE
STAFF'S FINDINGS AS OUTLINED IN ROMAN NUMERAL FOUR (IV), ONE
(1) THROUGH FIVE (5) ON PAGE NINE (9) OF TEN (10) OF THE REPORT
SUBMITTED TO US, AND FURTHER BASED UPON THE APPLICANT'S
VERBAL AGREEMENT TO PUT COVENANTS, CONDITIONS, OR
RESTRICTIONS ON THE PROPERTY THAT IT NOT BE USED AS AN ADULT
ENTERTAINMENT ESTABLISHMENT. BASED ON THAT I WILL
RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE MR.
REECE'S REQUEST FOR A CHANGE OF COUNTY FUTURE LAND USE
DESIGNATION OF 'COMMERCIAL' 'INDUSTRIAL', AND 'LOW DENSITY
RESIDENTIAL' TO THE CITY'S FLUM (FUTURE LAND USE MAP)
DESIGNATION OF 'INDUSTRIAL' ON THAT 6.5 ACRE P ARCEL LOCATED IN
AND AROUND THAT NORTH EAST CORNER OF U.S. 17-92 AND NURSERY
ROAD, SPECIFICALLY CONDITIONED ON THE PROPERTY RECEIVING
CERTAIN DEED RESTRICTIONS AS TO THE PROHffiITION TO ADULT
ENTERTAINMENT ON IT."
The motion was seconded by board member Gregory, followed by discussion.
VOTE:
BOARD MEMBER GREGORY: AYE
VICE CHAIRMAN FERNANDEZ: AYE
CHAIRPERSON KARR: AYE
MOTION CARRIED.
COD/June 27, 200219: II AM
July 8,2002
PUBLIC HEARING AGENDA ITEM B
Page 4
STAFF RECOMMENDATION:
Staff recommends that the City Commission conduct a public hearing for the second reading of
Ordinance 2002-01 to change the FLUM designation of the subject properties from (Seminole
County) "Low Density Residential" and "Commercial" to (City of Winter Springs) "Commercial".
ATTACHMENTS:
A. Ordinance 2002-01
B. Map depicting location of subject properties
COMMISSION ACTION:
· The first reading of Ordinance 2002-01 was deferred by the City Commission on February 11,
2002, February 25,2002 and again on March 11,2002.
. On June 24,2002, the City Commission approved first reading of Ordinance 2002-01.
COD/June 27, 2002/9:11 AM
ATTACHMENT A
ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY GENERALLY LOCA TED ON NURSERY ROAD
EAST OF U.S. HIGHW A Y 17 /92, LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, AND
REFERRED TO AS THE NURSERY ROAD PROPERTY,
FROM (SEMINOLE COUNTY) "COMMERCIAL,
INDUSTRIAL AND LOW-DENSITY RESIDENTIAL" TO
(CITY OF WINTER SPRINGS) "COMMERCIAL";
PROVIDING FOR SEVERABILITY; CONFLICTS 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 March 7,2001, 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
City of Winter Springs
Ordinance No. 2002-01
Page 1 of 4
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 OF WINTER SPRINGS, FLORIDA, 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 Amendmentto 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 1 as Seminole County "Commercial, Industrial and Low-Density
Residential" to City of Winter Springs "Commercial". Exhibit 1 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(1 )(c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2002-0]
Page 2 of 4
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 Agreement 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 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. In
addition, the effective date of this ordinance is contingent upon the recording of the Binding
Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject
City of Winter Springs
Ordinance No. 2002-0 I
Page 3 of 4
property, dated July 8, 2002. 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 assembled on the _ day of
,2002.
ATTEST:
PaulP. Partyka, Mayor
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. 2002-0]
Page 4 of 4
ATTACHMENT B
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II
ORDINANCE NO. 2002-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION OF THE REAL
PROPERTY GENERALLY LOCATED ON NURSERY ROAD
EAST OF U.S. HIGHWAY 17 192, LEGALLY DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO AND FULLY
INCORPORATED HEREIN BY THIS REFERENCE, AND
REFERRED TO AS THE NURSERY ROAD PROPERTY,
FROM (SEMINOLE COUNTY) "COMMERCIAL,
INDUSTRIAL AND LOW-DENSITY RESIDENTIAL" TO
(CITY OF WINTER SPRINGS) "COMMERCIAL";
PROVIDING FOR SEVERABILITY; CONFLICTS 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 March 7, 2001, 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
City of Winter Springs
Ordinance No. 2002-0 I
Page I of 4
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 OF WINTER SPRINGS, FLORIDA, 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" as Seminole County "Commercial, Industrial and 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 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(1)( c)( 4), Florida Statutes, and Section 9J-11, Florida Administrative Code.
City of Winter Springs
Ordinance No. 2002-0 I
Page 2 of 4
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 Agreement 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 ofthe 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 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. In
addition, the effective date of this ordinance is contingent upon the recording of the Binding
Development Agreement between the City of Winter Springs and Wayne P. Reece for the subject
City of Winter Springs
Ordinance No. 2002-01
Page 3 of 4
property, dated July 8, 2002. 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 assembled on the 8th day of Jul
Approved as to legal form and sufficiency for
the City of Winter Springs only
~
Anthony A. Garganese, City Attorney
First Reading: June 24, 2002
Second Reading: July 8, 2002
Effective Date: See Section 9
City of Winter Springs
Ordinance No. 2002-01
Page 4 of 4
EXHIBIT "A"
Legal Descri ption
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LEGAL DESCRIPTION
LOT 19 AND THE WESTERNLY ONE-HALF OF GRACE AVENUE ABUTTING LOT 19.
ENTZINGER FARMS ADDITION NO" 3 AS RECORDED IN PLAT BOOK 6. PAGE 27.
PUBLIC RECORDS OF SEMINOLE COUNTY. FLORIDA.
PARCEL #1: WESTERLY 500 FEET OF LOT 19 (LESS SLY 165 FEET AND SLY
235 FEET OF WLY 170 FEET) ENTZINGER'S FARM ADDITION #3. ACCORDING
TO THE PLAT THERE OF RECORDED AMONG THE PUBLIC RECORDS OF SEMINOLE
COUNTY. FLORIDA.
PARCEL ~~: THAT PART OF LOT 19. ENTZINGER FARM'S ADDITION NO.3.
RECORDEG IN PLAT BOOK 6. PAGE 27 OF THE PUBLIC RECORDS OF SEMINOLE.
COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED"AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 19. THENCE N84'09'38"E.
500.00 FEET ALONG THE NORTH LINE OF SAID LOT 19 FOR A POINT OF BEGINNING;
THENCE SOS'SO'30'w. 156.11 FEET ALONG A LINE PARALLEL WITH AND 500.00
FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 19. SAID 500.00 FEET
BEING MEASURED ALONG THE NORTH LINE AND ALONG THE SOUTH LINE OF SAID
LOT 19. THENCE N8S'30'33uE. 31.91 FEET: THENCE NOS'S6'57"W. 153.63 FEET
TO THE POINT OF BEGINNING.
PARCEL ~3: NORTHERLY 70 FEET OF SOUTHERLY 235 FEET OF WESTERLY 170
FEET OF LOT 19, ENTZINGER FARMS. ADDITION NO.3. ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 6. PAGE 27. PUBLIC RECORDS
OF SEMINOLE COUNTY. FLORIDA.
,/
LOTS 1 ~ 12, BLOCK D. TALMO SUBDIVISION. PLAT BOOK 9. PAGE 10'--
JRN-31-2002 15:07
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