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HomeMy WebLinkAbout2003 10 13 Public Hearings 403 Second Reading - Ordinance 2003-08 Small Scale FLUM Amendment COMMISSION AGENDA October 13. 2003 Meeting Consent Information Public Heario2 X Re!!ular ITEM 403 MGR. IV-- /Dept. /~ REQUEST: The Community Development Department - Planning Division requests the City Commission hold a public hearing for Second Reading! Adoption of Ordinance 2003- 08 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation of a 2.02 Acre parcel, located at 1281 Natures Way, from "Medium Residential" (Seminole County) to "Town Center" (City of Winter Springs). PURPOSE: The City of Winter Springs is initiating a request for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for a parcel within the City which was previously annexed into the City from Seminole County, but subsequent action was never taken to change the Future Land Use Map designation. The City is initiating the change as the applicant. The property owners have been notified by certified mail so that they are aware of the process and so that their input can be heard. 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. (c) 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... ~ October 13,2003 PUBLIC HEARlNG AGENDA ITEM 403 Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. (3) (c) 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than 10 contiguous acres, the governing body shall direct the 'clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance." Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Chapter 15. 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: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's reconunendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board, The LP A shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. Winter Springs Chapter 9. Article XI. Nonconformities Sec. 9-561. Intent.. , Sec. 9-562. Continuance" , Sec. 9-564. Nonconforming uses of structures" , Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-568. Special Permit. The Armiger property is NOT exempt from the following sections of the Winter Springs Code. regardless of FLUM or Zoning: Sec. 12-53. Abandonment of motor vehicles prohibited, (a) No person... shall allow any derelict, disabled or abandoned vehicle to be placed or remain on any". private property unless such vehicle is within a completely enclosed building, ,. A vehicle covered with a car cover does not constitute enclosure or storage of disabled vehicle. (b) Evidence. A vehicle will be in violation of this section if it is in a state of evident disuse, neglect or abandonment. Evidence may include, but not limited to, factors such as: at the same location for forty- eight (48) consecutive hours, "', and/or inoperable as evidenced by vegetation underneath as high as the vehicle body or frame, refuse or debris collected underneath or the vehicle being used solely for storage purposes"" having no valid licenses tag, or being in any physical state rendering it inoperable or unslighdy to the neighbor hood. Sec. 13-34. Animals. birds. It shall be unlawful for any person to keep any animal or bird within the city which by causing frequent or long continued noise shall disturb the comfort and repose of any person in the vicingity. Sec. 20-411, Trailers in residential areas. (a), . . campers, camp trailers and boats and trailers will be permitted if kept in a garage, carport, rear yard or side yard not fronting any street, providing no one occupies them. Sec. 20-431. Parking. storage or maintenance of certain vehicles prohibited in residentially zoned districts. (1) (c) No recreational vehicle shall be occupied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned district in the city. ... October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 CHRONOLOGY: Feb. 24, 1992- Annexation by Ordinance 516, Petition filed by Robert R. & Juanita Shasteen Apr. 28, 2003- Property Owner Notified of Administrative Action May 07, 2003- Planning & Zoning Board (LP A) heard the request and recommended Approval. May 19, 2003- Adjacent property owners within 150' Notified by Certified Mail May 21, 2003- Property posted with signage Noticing Upcoming Meetings May 25,2003- Public Noticing in Orlando Sentinel ofLPA Public Hearing May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 151 Reading June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting. June 09, 2003- Commission Postponed 151 Reading of Ordinance 2003-08 July 31,2003- Second Public Noticing in Orlando Sentinel of Public Hearing for 151 Reading Aug. 11, 2003- 151 Reading of Ordinance 2003-08 Sept. 22, 2003- 2nd Reading, Postponed until Oct. 13, 2003 CONSIDERATIONS: Applicant - City of Winter Springs; 1126 E. SR 434; Winter Springs, Florida 32708 Owner - Sandra H. Armiger Parcel Number - 01-21-30-501-0000-0130 Acreage - 2.02 Acres General Location - The site is located at 1281 NATURES WAY, immediately north of Avery Park and south of the Tuscawilla Trails mobile home community. Legal Description - LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5 Chronology ofSubiect Property - The subject property was annexed into the City on February 24, 1992, by Ordinance 516. Existing Land Use - The property is currently in Low Density Single-Family Residential use (1.1 Dwelling Units to 3.5 Dwelling Units per Acre). Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM I I Subject Site Low Density A-I (SC) Medium Residential (SC) .______._.__.__ _ Sin8..~~!:~_~!L~~~~~~!i~L. _....._..........._._._...______...._____._..____ .._{~ax lQ}~~Q~L__..________.__ North Mobile Home Residential R-T (WS) Residential Medium (WS) ___.______._._.__.__._______._.__._.___ __.._.__.___.__._._._______________ j.~~~.PU~~ 9.0 .PJ.-JA)_.__ South Mixed Use Town Ctr District (WS) Town Ctr District (WS) East Single Family Residential A-I (SC) Medium Residential (SC) ..___.__..____....___.... ._________._______________.___ -<_Max 1 0 J?..Q~1_______.____...___ Single Family Residential A-I (SC) Medium Residential (SC) (Max 10 DUA) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo West October 13,2003 PUBLIC HEARING AGENDA ITEM 403 Development Trends - The subject site is already developed as a single family home. No land use changes have been proposed. Proposed Future Land Use Classification - The proposed future land use map designation from Seminole County "Medium Residential" to Winter Springs "Town Center" is appropriate and compatible with the general character of the area. The site is located adjacent to the current Town Center boundary. Letters/Phone Calls In Favor Or Opposition - Several phone calls have been received asking for information. No letters or phone calls have been received in favor or in opposition ofthe future land use map change as of Sept. 3, 2003 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. The future land use maps should be amended for these parcels to reflect Winter Springs' Future Land Use designations. The Town Center District allows the property owner the most flexibility and is the most compatible with the surrounding Winter Springs area. Public Facilities - The site is already developed. At this time, no changes are being proposed to the existing development. Therefore, the proposed future land use map designation change will have no impact on public facilities and services. If the site later develops at maximum density, the resulting number oflots would still have a negligible impact on public facilities and services. Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use designation ofthe 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 - Not applicable. Consistency With The Comprehensive Plan - A land use designation for the parcels was not included on the City's Future Land Use Map, because the parcels were annexed into the City. Therefore, consistency with the City's Future Land Use Map is not applicable. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of current uses involved and the general character of the area, the request does not result in creating incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important, beyond those existing currently. October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 PLANNING & ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting of May 7, 2003, and June 4, 2003, the City of Winter Springs Planning & Zoning Board (LP A) heard the request to adopt a Small Scale FLUM Amendment by changing the Future Land Use Map designation of the Armiger property located at 1281 Natures Way from "Medium Residential" (Seminole County) to "Town Center" (City of Winter Springs) and voted unanimously to recommend it to the City Commission for Public Hearing and Approval. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a public hearing for Second Reading! Adoption of Ordinance 2003-08 adopting a Small Scale FLUM Amendment changing the Future Land Use Map designation on the subject property at 1281 Natures Way, from "Medium Residential" (Seminole County) to "Town Center" (City of Winter Springs). Existing non-conforming uses and structures will be to be regulated under Ordinance 2003-36, Non-Conforming Uses and Structures and are listed in Attachment "C". IMPLEMENTATION SCHEDULE: September 5, 2003- September 11, 2003- Property Owner (Ms. Armiger) met with the City Manager to resolve concerns Public Noticing for 2nd Reading! Adoption by the Commission in Orlando Sentinel 2nd Reading!Adoption of Ordinance 2003-08, postponed to Oct. 13,2003 2nd Reading! Adoption of Ordinance 2003-08 September 22, 2003- October 13, 2003- ATTACHMENTS: A. Planning & Zoning Board Minutes from May 7, 2003 & June 4, 2003 B. Applicable portions from City Commission Mtg Minutes- June 09, 2003, and August 11,2003. C. Existing Non-Conforming Uses and Structures D. Ordinance 2003-08 including Map & Legal Description COMMISSION ACTION: October 13,2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "A" ATTACHMENT "A" Plannin!! & ZoniD!! Board Minutes from Mav 7, 2003 IlL REGULAR .:..:. AGENDA NOTE: THE FOLLOWING TWO (2) REGULAR AGENDA ITEMS WERE DISCUSSED TOGETHER AS DOCUMENTED. .:. .:. REGULAR A. Administrative Small Scale Future Land Use Amendment Changing The Future Land Use Classification For Six Parcels Previously Annexed From The County Into The City But Which Never Received A Winter Springs Future Land Use Classification. REGULAR B. Administrative Rezoning Changing The Zoning Classification For Six Parcels Previously Annexed From The County Into The City But Which Never Received A Winter Springs Zoning Classification. Ms. Sahlstrom explained that she would be seeking separate recommendations related to the Future Land Use Map (FLUM) and Rezoning. Regarding the "Arminger" Property, Ms. Sahlstrom said, "We are proposing that the Future Land Use change from Seminole County Medium Residential to Town Center District." Discussion on raising animals and the Property Owner's present "Use" would be "Grandfathered in". Ms. Sahlstrom distributed copies of Permitted Uses in the A-I District that are not permitted in the Town Center District. Ms. Sahlstrom said, "Staff recommends that the Arminger property at 1281 Natures Way - the Future Land Use be changed from Medium Residential in Seminole County to Town Center District in Winter Springs. Further, Staff recommends that the Arminger property also be rezoned from A-I Agricultural to Town Center District, Winter Springs." . Ms. Sandra Arminger, 1281 Natures Way, Winter Springs, Florida: spoke ofthe property being annexed prior to her purchasing it; the she would like to de-annex; and stated she is not interested in the Zoning being changed. Discussion. Tape 1/Side B Discussion. "AS TO SITE 1, I WOULD MAKE A MOTION THAT THE LOCAL PLANNING AGENCY DEALING WITH THE FLUM (FUTURE LAND USE MAP) RECOMMENDS APPROVAL TO THE REQUESTED CHANGE OF THE FUTURE LAND USE CLASSIFICATIONS ON SITE 1, October 13, 2003 . PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "A" THE ARMINGER PROPERTY AT 1281 NATURES WAY FROM MEDIUM RESIDENTIAL WHICH IS THE SEMINOLE COUNTY DESIGNATION TO TOWN CENT1~R DISTRICT WINTER SPRINGS BASED ON THE FINDINGS OF FACT ROMAN NUMERAL III ON PAGE 7 OF OUR MATERIALS TO WIT THAT IT IS CONSISTENT WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN. THAT IT IS IN CONFORMANCE WITH THE PURPOSE AND INTENT OF THE CITY CODE AND APPLICABLE REQUIREMENTS AND THAT THE TYPE, LOCATION, AND USES INVOL VED IN THE GENERAL CHARACTER OF THE AREA. IT IS NOT AN INCOMPATIBLE LAND USE, SPECIFICALLY HOLDING THAT THE PROPERTY IS GRAND FATHERED IN FOR ITS CURRENT USES W1TH EQUESTRIAN HORSES, WITH FARM ANIMALS, PIGS, CHICKENS, CATS, DOGS. THAT THIS GRANDFATHERING WOULD CONTINUE SO LONG AS THE PROPERTY IS CONTINUOUSLY USED FOR THOSE PURPOSES, AND THAT THE GRAND FATHERING WOULD NOT BE LOST UNTIL THERE IS A TWELVE (12) MONTH GAP IN LACK OF USE OR ABANDONMENT OF USE, AND THAT FURTHER THAT THESE PEOPLE BE ABLE TO TRANSFER THIS PROPERTY EITHER AS TOWN CENTER FUTURE LAND USE DESIGNATION OR CONTINUE TO HAVE THEIR GRAND FATHERED USE AS A FARM INCLUDING HORSES, PIGS, CHICKENS, CATS AND THE OTHER ANIMALS THAT THEY CURRENTLY HAVE WITH THE EXISTING STRUCTURES." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Plannin2 & Zonin2 Board Minutes from June 4,2003 IlL PUBLIC HEARINGS PUBLIC HEARINGS A. Local Planning Agency Public Hearing (Because Of An Error In Public Noticing For The Previous Meetings Which Included LP A Actions, A Local Planning Agency Public Hearing will be Held On The Following Ordinances): 1. LS-CPA-OI-03, Ordinance 2003-16: Seminole County School District Large Scale Comprehensiye Plan Amendment. 2. Ordinance 2003-08: 1281 Natures Way Small Scale Comprehensive Plan Amendment. 3. Ordinance 2003-10: October 13,2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "A" Orange Avenue Small Scale Comprehensive Plan Amendment. 4. Ordinance 2003-12: 1120 Orange Ayenue Small Scale Comprehensiye Plan Amendment. 5. Ordinance 2003-14: 835 and 895 West State Road 434 Small Scale Comprehensive Plan Amendment. This Agenda Item was presented by Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department. Discussion. Chairman Brown opened the "Public Input" portion of this Agenda Item. No one spoke. The "Public Input" portion of this Agenda Item was closed. "I WOULD LIKE TO MAKE A MOTION THAT WE RATIFY THOSE MOTIONS INCLUDED IN THE APRIL 23, 2003 AND MAY 7, 2003 MINUTES WHICH HAVE BEEN APPROVED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: VICE CHAIRPERSON KREBS: AYE CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE BOARDMEMBERPOE: AYE MOTION CARRIED. October 13,2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "B" ATTACHMENT "B" City Commission Meeting Minutes- June 09, 2003 (applicable portions) PUBLIC HEARINGS 19. C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-08 To Adopt A Small Scale FLUM Amendment By Changing The Future Land Use Map Designation Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole County) To "Town Center" (City Of Winter Springs). Ms. Sahlstrom introduced this Agenda Item. "MOTION TO READ ORDINANCE 2003-08 BY 'TITLE' ONLY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. Attorney Garganese read the Ordinance by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Ms. Sandra Armiger, 1281 Nature's Way, Winter Springs, Florida: asked that this Agenda Item be postponed until she could verify details related to her property. Ms. Susan Rodenburg, 1297 Nature's Way, Winter Springs, Florida: supported Ms. Armiger's concerns and spoke on the merits of living in this particular area. Mr. Jose Munos, 1296 East Milky Way, Winter Springs, Florida: supported his neighbor Ms. Armiger's concerns, and asked that Ms. Armiger be given time to verify her property records. The "Public Input" portion of this Agenda Item was closed. Discussion. October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 A TT ACHMENT "B" Commissioner Martinez stated, "Point of Order " and spoke on the current discussion. Discussion. Commissioner Blake stated, "Point of Order" and remarked about the status of the current Agenda Item. "MOTION TO POSTPONE FOR SIXTY (60) DAYS FROM TODAY, GIVING THE PROPERTY OWNER AND THE MANAGER AND STAFF TIME TO GET TOGETHER AND DISCUSS ALL THE ISSUES SHE WANTS." REVISED MOTION BY COMMISSIONER MARTINEZ. MAYOR BUSH STATED, "SO THIS WOULD BE APPROXIMATELY THE FIRST MEETING IN AUGUST." ATTORNEY GARGANESE STATED, "AUGUST nTH." SECONDED BY COMMISSIONER McLEOD. DISCUSSION. COMMISSIONER McLEOD ADDED, "THE PARTY ALSO NEEDS TO KNOW, THAT BY GOING UNDER 'TOWN CENTER' - WHAT DOES THAT MEAN TO THEIR TAXES." COMMISSIONER MARTINEZ ADDED, "AND THE VALUE OF THEIR PROPERTY." COMMISSIONER McLEOD THEN SAID, "WHAT IS THAT GOING TO DO TO THEIR ANNUAL TAXES - AND I THINK THAT IS SOMETHING THAT DEFINITELY NEEDS TO BE ANSWERED FOR THEM." VOTE: COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. October 13,2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "B" City Commission Meeting Minutes- August 11, 2003 (applicable portions) PUBLIC HEARINGS 19. C. Community Development Department - Planning Division Requests The City Commission Hold A Public Hearing For First Reading Of Ordinance 2003-08 To Adopt A Small Scale FLUM [Future Land Use Map]Amendment By Changing The Future Land Use Map Designation Of A 2.02 Acre Parcel, Located At 1281 Natures Way, From "Medium Residential" (Seminole County) To "Town Center" (City Of Winter Springs). "MOTION TO READ BY TITLE ONLY." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY DEPUTY MAYOR MILLER. DISCUSSION. VOTE: COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Attorney Garganese read Ordinance 2003-08 by "Title" only. Mayor Bush opened the "Public Input" portion of this Agenda Item. Ms. Sam Armiger, 1281 Natures Way, Winter Springs, Florida: addressed the City Commission and asked that something in writing be provided about "Grandfathering me in with my horses - what it is going to do to my taxes." Ms. Armiger also asked for the City's help in restoring the road. Discussion. Commissioner Blake stated, "Point of Order " and commented on the current discussion in relation to the Land Use. Further discussion. Tape I/Side B Discussion ensued on the maintenance of the road. Commissioner McLeod said, "I think we ought to put them on notice, in writing, that we expect this road to be maintained for the people." Furthermore, Commissioner McLeod stated, "I never received the - consensus here to direct Staff, and the City Attorney to put the Contractor on notice to maintain this road." Commissioner Martinez added, "The City Attorney agreed to that." Mayor Bush asked the City Commission, "Does this Commission agree October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "B" with Commissioner McLeod?" Commissioner Sally McGinnis said, "Yes." With discussion, Mayor Bush summarized, "The entire Commission agrees." Ms. Armiger then inquired, "Can I be copied on that letter?" Mayor Bush stated, "You can certainly get a copy ofthat." Discussion. With further discussion on the grandfathering issues, Commissioner McLeod stated, "I think we need to direct that again that the City Manager come back with a letter, to be put into the record - as the survey straightens out, that those animal uses are still allowed, as long as they both own the property." Mayor Bush said to Ms. Armiger, "What you would like is your meeting with the Manager, and his agreement to be put in writing - so you will know what you two agreed to and the Commission will know what you all agreed to." Mayor Bush then said, "When Mr. McLemore returns - Commissioner McLeod is saying that - he needs to address every one ofthe issues that she has brought up and give an answer in writing to it, and then the Commission can look at it." Commissioner McLeod added, "That is exactly what the Commission had directed the City Manager to - look at grandfathering this and put it in writing to these folks, and then if at a later date, we come along and change the law, they are still grandfathered in." Furthermore, Mayor Bush said, "I think the Commission is agreeing with you on this - we need to know what you and the Manager have discussed and what has been agreed upon and it needs to be in writing so that we can see it and you all can have a copy of it." Next, Mayor Bush said, "Does the Commission have any objection that we will make sure this is done before the Second Reading?" There were no objections from the City Commission. Ms. Susan Rodenburg, 1297 Natures Way, Winter Springs, ,Florida: gave photographs of the area in question to Mr. Lockcuff. Ms. Rodenburg noted that she also had some surveys and spoke against the Zoning, and how "It might impact her way oflife should Ms. Armiger ever sell her property on Nature's Way and move." Mr. David Moore, 1249 Natures Way, Winter Springs, Florida: spoke of his concern with logging trucks that drive very fast on this road, and his concern with children riding bikes in this same area. Mr. Moore also spoke in support of Ms. Armiger. Mr. Wayne Rodenburg, 1297 Natures Way, Winter Springs, Florida: also spoke about the excessive speed of vehicles on this roadway. With further discussion on speed enforcement, Mayor Bush summarized the discussion and said that Chief of Police Daniel J. Kerr will handle it. The "Public Input" portion of this Agenda Item was closed. Further discussion. October 13,2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "B" "I WOULD LIKE TO MAKE A MOTION THAT WE MOVE THIS TO A SECOND READING SUBECT TO AN AGREEMENT WITH THE CITY MANAGER AND THE PROPERTY OWNER THAT ADDRESSES THE ISSUES BROUGHT UP TONIGHT. I DON'T THINK WE HAVE TO SET A DATE - THE ADVERTISEMENT IS READY TO GO AND WE WILL BRING IT BACK WHEN IT IS READY." MOTION BY COMMISSIONER BLAKE. SECONDED BY COMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER BLAKE: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER McLEOD: AYE DEPUTYMAYORMILLER: AYE MOTION CARRIED. October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 A TT ACHMENT "c" ATTACHMENT "C" Issues discussed with Sandra Armiger Existing Non-Conforming Structures (grand fathered in) Barn Pump House Chicken Pens Detached Carport for Tractors, Equipment Detached Garage for Race Cars and Motorcycles Existing Non-Conforming Uses (grandfathered in) Horses (3) Other pets and animals currently owned by Sandra Armiger are not addressed under the Code. They can be retained unless they become a noise nuisance as addressed in Sec. 13-34. Animals and birds. Non-Conforming Uses and Structures are addressed in Ordinance 2003-36, Non-Conforming Uses and Structures. (Winter Springs Chapter 9, Article XI. Nonconformities) Sec. 9-561. Intent... Sec. 9-562. Continuance... Sec. 9-564. Nonconforming uses of structures... Sec. 9-565. Abandonment. Sec. 9-566. Repairs and maintenance. Sec. 9-568. Special Permit. The Armiger property is NOT exempt from the following sections of the Winter Springs Code, regardless of FLUM or Zoning: Sec. 12-53. Abandonment of motor vehicles prohibited. Sec. 13-34. Animals. birds. (related to noise) Sec. 20-411. Trailers in residential areas. Sec. 20-431. Parking. storage or maintenance of certain vehicles prohibited in residentially zoned districts. Other issues (Although these are issues raised by Ms. Armiger as concerns. they do not impact the determination of Future Land Use or Zoning): 1-The Tuscawilla Trails' survey indicated that Ms. Armiger's well and barn were 15' into the easement. A new survey indicates that the Tuscawilla Trails' survey was wrong. 2- Tuscawilla Trails' construction traffic along Nature's Way. A letter will be sent to Tuscawilla Trails requesting that the construction traffic be diverted from SR 434 rather than from Nature's Way. 3- Residents who live along Natures' Way will continue to have access during construction, however, this access can be off of SR 434 during construction of infrastructure through Nature's Way. 4- Tuscawilla Trails' Landscape Plan indicates that a 25' Vegetative Buffer existed prior to construction and would be retained, except for areas where the utility lines cross. The area immediately in front of Ms. Armiger's house is now void of any vegetation. The Developer will be required to replant this area with the two rows of staggered screening material with vegetation determined to be appropriate for this site by the City Forester. 5- Conveyance of the easement. The easement will be conveyed after the infrastructw:e is installed. October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "D" ORDINANCE NO. 2003-08 A TT ACHMENT "D" 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 OF 2.02 ACRES _ MORE OR LESS AND LOCATED AT 1281 NATURES WAY, WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED \ ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "MEDIDM RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO THE. COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs ~omprehensive 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 onMay 7,2003 and June 4,2003, in accordance with the procedures in Chapter 163, " Part IT, 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 { City of Winter Springs Ordinance No. 2003-08 Page 1 of 4 October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "D" . .... ~. . . ~'. . ," .. . ..... ... . ". . ...~:..;.;...:\f.. '.,,:. Amendment set forth hereunder~ and WHEREAS, the City Commission of the City of Winter Springs her-eby 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 SPRlNGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully I' 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, modiry and otherwise further the provisions of the City of Winter Springs' Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of . Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit. "A" from Seminole County "Medium Residential" to City of Winter Springs "Town Center." Exhibit "A" is attached hereto and fully incorporated herein by this. reference. Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehens~ve 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. 2003-08 Page 2 of 4 October 13, 2003 PUBLIC -HEARING AGENDA ITEM 403 A TT ACHMENT "D" 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, dause, 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; Comprehensiye Plan and any section or paragraph number or letter and any heading may be changed or modified as nece-ssary 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 withll 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 pennits, or land use. dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein {- City of Winter Springs Ordinance No. 2003-08 Page 3 of 4 October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 ATTACHMENT "D" 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 , 2003. ATTEST: John F. Bush, 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: F:\DocsICity of Winter Springs\Ordinances\Small Scale FLUM2003-08.wpd .J' ., City of Winter Springs Ordinance No. 2003-08 Page 4 of 4 October 13, 2003 PUBLIC HEARING AGENDA ITEM 403 EXHIBIT "A" SUBJECT PROPERTY N W~E ~-- T". -~./ S LEGAL DESCRIPTION LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5 ATTACHMENT "D"