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Home My WebLink About2003 06 09 Public Hearings C First Reading - Ordinance 2003-08 Small Scale FLUM Amendment COMMISSION AGENDA June 9. 2003 Meeting Consent Information Public Hearine: X Ree:ular ITEM C MGR. ~ /Dept. /~ REQUEST: The 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). 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 direcdy 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: 1. The proposed amendment involves a use of 10 acres or fewer and: @ June 9, 2003 PUBLIC HEARING AGENDA ITEM C a. The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government shall not exceed: (I) A maximum of 120 acres... b. The proposed amendment does not involve the same property granted a change within the prior 12 months. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. e. The property that is the subject of the proposed amendment is not located within an area of critical state concern. . . f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre... 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for such plan amendments if the local government complies with the provisions in .. .s. 166.041 (3) (c) for a municipality. If a request for a plan amendment under this paragraph is initiated by other than the local government, public notice is required. b. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy... 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 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 recommendation, 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. 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 (LPA) 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 June 9,2003 PUBLIC HEARING AGENDA ITEM C May 29,2003- Public Noticing in Orlando Sentinel of Public Hearing for 1 sl Reading June 04, 2003- Planning & Zoning Board (LPA) ratified their actions from May 7,2003 meeting. 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 Subject Site Low Density A-I (SC) Medium Residential (SC) -- _ Singl~_.~~~!LR~sid~I?:~i~.L .____.______.M._M__.M_'M'M'M._._._._. _{~ax ~Q.}2!:!!-~_________.____ North Mobile Home Residential R-T (WS) Residential Medium (WS) - _M_________________~____._____...._ ...__._____._...____._M__._._.__________.. __Q:~J~.!:!~._~_ 9.0 Q!:!~L___._ South Mixed Use Town Ctr District (WS) Town Ctr District (WS) --.----- _____________._.__._...._...M_.__.___._. ..--..--.---------.--.-------..------ ---.---.-.-.----.-.--..------------.-- East Single Family Residential A-I (SC) Medium Residential (SC) ------- ---.---. J..Max 10 DUA) __ West Single Family Residential A-I (SC) Medium Residential (SC) (Max 10 DUA) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo 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. Nothing has been received in favor or in opposition of the future land use map change as of May 30,2003. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The following summarizes the data and issues which staff analyzed in reviewing this application: June 9, 2003 PUBLIC HEARING AGENDA ITEM C 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 of lots 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 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 - 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. 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 First Reading of Ordinance 2003-08 to adopt a Small Scale FLUM Amendment by 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). June 9, 2003 PUBLIC HEARING AGENDA ITEM C IMPLEMENTATION SCHEDULE: June 09, 2003- 1st Reading of Ordinance 2003-08 June 12,2003- Public Noticing for 2nd Reading/Adoption by the Commission in Orlando Sentinel June 23, 2003- 2nd Reading and Adoption of Ordinance 2003-08 ATTACHMENTS: A. Planning & Zoning Board Minutes from May 7, 2003 B. Ordinance 2003-08 including Map & Legal Description COMMISSION ACTION: June 9, 2003 PUBLIC HEARING AGENDA ITEM C ATTACHMENT "A" Planninf! & Zoninf! Board Minutes from Mav 7~ 2003 (Minutes from June 4, 2003 will be provided as a supplement when available) CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGUlAR MEETING - MAY 7, 2003 . PAGE20F9 III. 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 "Anninger" 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 Anninger 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 of the 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 I/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, THE ARMINGER ~ ~~ -U IL.... __ ~ L~ IL .I .jJ '1),O? ~..LJ o CIlY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 7,2003 PAGE 3 OF9 PROPERTY AT 1281 NATURES WAY FROM MEDIUM RESIDENTIAL WHICH IS THE SEMINOLE COUNTY DESIGNATION TO TOWN CENTER 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 INVOLVED 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 WITH 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 GRANDFATHERING 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. "I V/OULD MOVE TIIAT VIE- CITY COMMISSION THAT THEY CHANGE THE SITE ZONING ON THIS PROPERTY FOR SITE ONE (1) FROM - 'A-I' IN SEMINOLE COUNTY TO ALSO 'TOWN CENTER DISTRICT' ZONING CODE BASED ON THE SAME FINDINGS AND BASED ON THE SAME - GRAND FATHERING PROVISIONS AND THAT THEY NOT LOSE THEIR GRANDFATHERING UNLESS IT IS ABANDONED FOR A PERIOD OF TWELVE (12) CONTINUOUS MONTHS - AND THAT THEY BE ABLE TO BE TRANSFERRED AND ASSIGNED AND SOLD TO ANY FUTURE PURCHASERS SO THAT ANY FUTURE PURCHASERS CAN PURCHASE IT AND HAVE HORSES AND PIGS AND CATS AND CHICKENS ON THEIR PROPERTY." MOTION BY BOARD MEMBER FERNANDEZ. SECONDED BY BOARD MEMBER KARR. DISCUSSION. -- I . .Lt~ ~ ~ __ ...JIll ~ ~.J I. I !JIlJ O&,? CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY REGULAR MEETING - MAY 7, 2003 PAGE40F9 - I ~ ~~ =:;, I .;;" ~ ... ~ ~ L~.J I -1 VOTE: CHAIRMAN BROWN: AYE BOARD MEMBER FERNANDEZ: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Next, Ms. Sahlstrom presented her comments on the ''Nguyen'' Property and recommended that the property be changed from "Rural 3" Seminole County to "Town Center District" Future Land Use and recommended rezoning from "A-l" Seminole County to "Town Center District." Discussion. , Tape 2/Side a Mr. H. Martin Neiswander, 1156 Orange Avenue, Winter Springs, Florida: addressed his location in Seminole County and questioned how his land would be Zoned were he to Annex into the City. Discussion. "I'LL MAKE A MOTION THAT THE NGUYEN PARCELS, ALL 100% OF LOT 15, - THAT THE CITY COMMISSION CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM 'RURAL 3' SEMINOLE COUNTY - TO WINTER SPRINGS 'TOWN CENTER DISTRICT' BASED ON THE FINDINGS OF FACT THAT IT MEETS OUR GOALS, OBJECTIVES AND POLICIES IN THE COMP PLAN [COMPREHENSIVE PLAN], THAT IT IS IN CONFORMANCE WITH THE PURPOSE AND INTENT OF THE CITY CODE AND APPLICABLE REQUIREMENTS AND THAT BASED ON ITS LOCATION AND ITS USE AND THE GENERAL CHARACTER OF THE SURROUNDING LANDS THAT IT IS NOT NECESSARILY INCOMPATIBLE WITH SUCH LAND USES WHICH INCLUDES THE HEIGHT. BULK. SCALE. INTENSITY. TRAFFIC. NOISE, DUST, DRAINAGE, LIGHTING, APPEARANCE AND OTHER ,FACTORS THAT PEOPLE DO DEEM IMPORTANT. BASED ON THOSE FINDINGS I MAKE THE RECOMMENDATION TO CHANGE IT TO THE TOWN CENTER DISTRICT." 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 !>>~ i' O~'~ June 9, 2003 PUBLIC HEARING AGENDA ITEM C A TT ACHMENT "B" ORDINANCE NO. 2003-08 ORDINANCE NO. 2003-08 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 EXHffiIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "MEDIUM 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 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 May 7, 2003 and June 4,2003, 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 City of Winter Springs Ordinance No. 2003-08 Page ] of 4 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. 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" 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 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. 2003-08 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 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 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 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. 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 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:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2003-08.wpd City of Winter Springs Ordinance No. 2003-08 Page 4 of 4 June 9, 2003 PUBLIC HEARING AGENDA ITEM C EXHIBIT "A" MAP N fEL-r s LEGAL DESCRIPTION LOTS 13 & 14 TUSKA WILLA, PB 1 PG 5