HomeMy WebLinkAbout2004 03 22 Public Hearings 401
COMMISSION AGENDA
March 22. 2004
Meeting
Consent
Information
Public Hearine X
Reeular
ITEM 401
Mg[. r- I Deot. //7
Authorization
REQUEST: The Community Development Department - Planning Division requests the
Commission hold a Public Hearing for 2nd Reading/Adoption of Ordinance 2004-13, a Small Scale
FLUM Amendment which changes the Future Land Use Map designation of an 3.7 acre parcel,
located at 1112 Orange Avenue, from (Seminole County) "Suburban Estates" & "Conservation" to
(City of Winter Springs) "Town Center" & "Conservation Overlay" (on those affected areas).
PURPOSE: The purpose of this request is to consider the request of Luis R & Maria Esteves for a
Small Scale FLUM Amendment, which changes the Future Land Use Map designation for their
property at 1112 Orange Avenue from (Seminole County) "Suburban Estates" & "Conservation" to
(City of Winter Springs) "Town Center" & "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 Sprines Charter Section 4.15 Ordinances in General.
Winter Sprines 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
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March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
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:
Jan. 16,2004- Application Received
Feb. 9,2004- 2nd Reading of Ordinance 2004-09, Annexing the parcel into the City
Feb. 8,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing
Feb. 19,2004- P& Z Board (LPA) heard the request and made recommendation for Approval
Mar. 8,2004- 1st Reading of Ordinance 2004-13
CONSIDERATIONS:
Applicant - Luis R. & Maria F. Esteves; 1121 Arbor Glen Circle; Winter Springs, Florida 32708
Owner - Luis R. & Maria F. Esteves
Parcel Number - 26-2-30-5AR-OBOO-007 A
Acreage - approx. 3.7 acres
General Location - The site is located at 1112 Orange Avenue, immediately north of Central Winds
Park.
Legal Description - East 1/2 of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake
Jessup, as recorded in Plat Book 1, Page 5 Public Records of Semino Ie County, Florida.
Chronology of Subiect Property - The subject property was annexed into the City on February 9,
2004, by Ordinance 2004-09.
Existing Land Use - The site has a rented one-story single family residence. The County Future
Land Use designation is SE- Suburban Estates. Adjacent existing land uses, zoning and FLUM
designations include the following:
I
Existing Land Uses I Zoning FLUM
I
Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and
----------- -----...-------"'...---.".----....-.---.-.,---. --.--.-..---.. -------- _gonservati<?~(~gl_______._.___
North Lake Jesup
-- ----------.-.---.-------.-----. --------_..---------- ------.--....-----.---.---....-------......-...----
South Recreation (Central Winds Town Center (WS) Town Center (WS)
Par~_______._____.__._._._._.___. -.------.-------------. -_._-------_._~-------_.
East Single Family Residential Town Center (WS) Town Center (WS)
________.___.___.....___.........__....__M....".___._... -...----------..,......-.----- ---------.
West Single Family Residential A-I Agricultural (SC) Suburban Estates (SC)
(WS) Winter Springs; (SC) Seminole County
Development Trends - The site currently has a frame barn and a one-story residence. No changes
are being proposed at this time.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Suburban Estates" and "Conservation" to Winter Springs "Town Center" and
"Conservation Overlay" (on those affected areas) is appropriate and compatible with the general
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
character of the area. The 3.7 acre parcel is located immediately to other properties that are
designated on the FLUM as "Town Center".
Letters/Phone Calls In Favor Or Opposition - None.
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 "Town Center" designation most closely resembles the character
of the area and maintains continuity with the adjacent properties in the City.
Public Facilities - At this time no changes are being proposed. 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 - The site which is on Lake Jesup has some environmentally sensitive
lands which are distinguished by the "Conservation Overlay" designation.
Consistency With The Comprehensive Plan - A land use designation for the parcel was not included
on the City's Future Land Use Map, because the parcel was 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.
P&Z/LOCAL PLANNING AGENCY RECOMMENDATION:
At a special meeting of the City of Winter Springs Planning & Zoning Board (LPA) held on
February 19,2004, the Board heard the request for a Small Scale FLUM Amendment changing the
Future Land Use Map designation. The Board voted unanimously to recommend Approval to the
City Commission.
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for 2nd Reading/Adoption of
Ordinance 2004-13, a Small Scale Comprehensive Plan Amendment which changes the Future Land
Use Map designation on the subject property at 1112 Orange Avenue from (Seminole County)
"Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and
"Conservation Overlay" (on those affected areas).
IMPLEMENTATION SCHEDULE:
Mar. 11, 2004-Public Noticing in Orlando Sentinel of Public Hearing for 2nd Reading/Adoption
Mar. 22, 2004-2nd Reading of Ordinance 2004-13
ATTACHMENTS:
A. Planning & Zoning Board/Local Planning Agency Draft Minutes from Feb. 19,2003
B. Ordinance 2004-13 including Map & Legal Description
COMMISSION ACTION:
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
Excerpts from the Draft P&Z/LP A Minutes
CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
PLANNING AND ZONING BOAlRDlLOCAL PLANNlNG AGENCY
SPBCIAL MlSlmNG
THllRSOAY, FEBRUARY 19.2004
fv
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\jJ
I. CALL TO ORDER
The Planning and Zoning BoardlLocal Planning Agency Special Meeting of ThUtSd.a.y)
February 19, 2004 was called to order at 7:00 p.m. by Chairperson Joanne Krebs
in the Commission Cbam~ of the ~ipal Building (City lIaJll126 Eut State Road
434, Winter S~ FJorida 32708).
ROLL CALL:
Chairpersoo Joanne Krebs, present
Vice Cbaitpenlon Rowmo Kart. present
Boud Member Tom Bro~ prcsem
Board Member William Poe, ple$Ollt
Board Member Ned VO!lka, present
Chairpmon Joanne Krebs led the Pledge of Allegiance..
In. PUBLIC BEARINGS AGENDA
PtlBLIC B&ulJNGS
A. CommuDity Development Departmeut - PluniDz DMllon
RequH1S The Plaaaing ADd ZOaill& Board/Local PlanDing AgeDq' Hold A Public
Hearing for Ordinanu ZOO4-1.3 Adopdul A Small ~e PLUM AmeQdme.nt
Clttliltmc Tbe Fumre L...d U~ Map DeslgOlldoD Of AA 3.7 Acre Parcel, Loe.t~
At 1112 Omp A,Vtllue, From (Seminole COTUlty) "Suburbia E.tat.'" ADd
"Cooservadoa" To (City or Whltar SpriUas) "TOWD CenteT" And "Conservation
Overlay'" (OD Those AIIected AreD).
Chairperson J.(nha opened tile "Public /npw" portior. afthis .4g2flda Item.
No one spoke.
Chairplnon Krebs closed Ute "Public Input" portio~ afthis Agenda Item.
Ms. Sahlstrom introduoed the Agenda Item.
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT A
Excerpts from the Draft P&ZlLP A Minutes
CITY or WYNTER S?,RJ'NCi5
O.RAfl UN^PPROYBD MlNUm
tl..>>lNJNG A..-m ZO~"C BOARDILOCA.L Pf...ANN1JIIO AOENc.'
SJlSCtAL MratllJO - FEBRUARY 19, ~
PAOEl OF 04
"I WOULD UKE TO MAKE A MOTlON THAT 'VE RECOMMEND TO THE
[CITY) COMMISSION - THE PLANNING AND ZONING BOARD(ILAND
PLANNING AGENCY} THAT THEY HOLD A PUBLIC HEARlNC AND MAKE
THE RECOMMENDATION TO THEM ON ORDINANCE 3004-13 WHICH
ADOPTS THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT AND
CHANGES THE PUT~ LAND VSE MAP (Jl'LUM] DESIGNATION ON TOE
SUBJECT PROPERTY AT 1112 ORANGE AVENUE FROM SEMINOLE
COUNTY 'SUBURBAN ESTATES' AND "CONSERVATION" TO CITY OF
WINTER SPRINGS 'TOWN aNTER' AND 'CONSERVATION OVERLA V' ON
THESE AFfECTED AREAS WHICH ARE SHOW IN OUR D.AGlt4M~ WHICH
IS ATT A~D [A1."fACIIMENl' 'A'J.
ALL TMS IS BASED ON THE FINDINGS THAT ARE SUBMfrfED TO US
WITH THE CITY'S COMPREHENSIVE PLAN THE THREE (3) F1NDINGS
THAT ARE LISTED IN OUR REPORT. REQUEST ]S CONSISTENT WITH
OUR APPLICABLE GOALS, OBJECTIVES, ANt) POLlCIES OF THE CITY
ADOPTED PLAN, THE REQUEST IS IN CONFORMANCE WITH TH.r.
PURPOSE AND INTENT OP THE CITY CODE WITH ALl. APPLICABLE
REQUIREMENTS. CONSIDERING THE TYPE AND LOCATION OF TIm
CURRENT USES INVOLVED AND mE GENERAL CHARACTER OF THE
AREA. THE llEQUEST DOES NOT RESULT IN CREATING INCOMPATIBLE
LAA"D USES INCLUDING SUCH FACTORS AS HEIGHT, BULK., SCALZ,
INTENSITY, TRAFFIC, NOISE, DRAINAGE, DUST, LIGHTING,
APPEARANCE, AND OTHER FACTORS DEEMED IMPORTANT, B~YONl>
THOSE EXISTING CUlUt.ENTLY:' MOnON BY BOARD MEMBER BROWN.
SECONDED BY BOARD MEMBER POE. DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
VICE CBAllU'ERSON KARR: AYE
CHAIRPERSON KREBS: AYE
BOARDMEMBERPOE: AYE
BOARDMRM)1D VOSKA; AYE
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!IJ
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
ORDINANCE NO. 2004-13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF ''''INTER SPRINGS, FLORIDA, ADOPTING A
SMALL SCALE FLUM AMENDMENT BY CHANGING THE
FUTURE LAND USE MAP DESIGNATION 01" THE REAL
PROPERTY CONSTITUTING A PARCEL TOTALING 3.3
ACRES MORE OR LESS AND LOCA TED AT 1112 ORANGE
A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE
PARTICULARLY DJ~PICTED ANn LEGALLY DESCRIBED
ON EXHIBIT "A" A 1'1' ACHED HERETO FROM SEMINOLE
CO UN T Y "SE - S un URn A N ESTATES" AND
"CONSERV A TION" TO CITY OF WINTER SPRINGS
"TOWN CENTER DISTRICT" AND "CONSERV A TION
OVERLA Y" (ON THOSE AFFECTED AREAS); PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS. SEVERABILITY,
IN CORPORA TION INTO THE COMPREHENSIVE PLAN,
AND AN EFFECTIVE DA TE.
\VHEREAS, 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 February 19,2004, in accordance with the procedures in Chapter 163, Part IT,
Florida Statutes, on the proposed Comprehensive Plan Amendment and considered tlndings 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 Wi Ilter 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 suppolting data and
City of Winter Springs
Ordinance No. 2004-13
Page I of 4
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan
Amendment set faIth hereunder; and
'VHEREAS, the City Commission of the City of Winter Springs hereby finds that this
Ordinance is in the best interests of the public health, safety, ancl 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.
Purposc and Intcnt. Itis hereby declared to be the purpose andilltent 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 Amendmenttothe 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 "SE-Suburban Estates" and
"Conservation" to City of Winter Springs "Town Center District" and "Conservation Overlay" (on
those affected areas). Exhibit "A" is attached hereto and fully incorporated herein by this re.ference.
Section 5.
Transmittal to the Department of Community A ffairs. The City Manager
or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan
Amendme.nt to the Florida Department of Community Affairs, in accordance with Section
Ci ty of \V inter Springs
Ordinance No. 2004-13
Page 2 of 4
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
163.3187(1 )(c)( 4), Florida Statutes, and Section 9J-II, Florida Administrative Code.
Section 6.
Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances andresolutions adopted by the City Commission, orparts 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
cOlnpetent 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.
Incol"J}oration into Comprehensive Plan. Upon the effective date of the
Comprehensive PI all Amendment adopted by this Ordinance, said Amendment shaH be incorporated
into the City of Winter Springs' Comprehensive Plan and any section or pm'agraph 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 163.3 I 87(3)(c), unless challenged within thirty (30) days after adoption of this Ordinance,
then this Ordinance shall become effective at such time as the Florida Department of Community
Affairs or the Administration Commission issues a final order determining the adopted small scale
Comprehensive Plan Amendment is in compliance. No development orders, development permits,
or land use dependent on this Amendment may be issued or commenced before it has become
effective. After and from the effective date of this Amendment, the Comprehensive Plan
City of Winter Springs
Ordinance No. 2004-13
Page 3 of 4
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
Amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan an.
become a part of that plan and the Amendments shall have the legal status of the City of Winte
Springs' Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a reguln
meeting assembled on the _ day of
,2004.
John F. Bush, Muyor
ATTEST:
Andrea Lorenzo-Luuces, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Spring.\} only:
Anthony A. Gurgallese, City Attorney
First Reading:
Second Reading:
Effective Date:
G:\Docs\City of Winter Springs\Ordinunces\Small Scale FLUM2004-13.wpd
City of Winter Springs
Ordinance No. 2004-13
Page 4 of 4
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
ORDINANCE NO. 2004-13
EXHIBIT "A"
LOCATION MAP
Lake Jesup
SU BJ:ECT'5ITE
)LT
LeQal Description: A portion of Lot 7, Block B, D.R. Mitchell's Survey of the Levy Grant
on Lake Jessup, as recorded in Plat Book 1, Page 5 Public Records of Seminole County,
Florida, being more particularly described as follows:
Metes & Bounds Description: Commence at a #4 rebar at the Southwest Corner of Lot
7, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, as recorded in Plat
Book 1, Page 5, Public Records of Seminole County, Florida; Thence run along the South
Boundary line of said Lot 7, North 90 degrees 00' 00" East 250.80 feet to a #4 rebar and
cap #2259 at the Point of Beginning (P.D.B.) of this description; departing aforesaid South
Boundary line Thence North 00 degrees 28' 00" East 642.83 feet to a #4 rebar, located
South 00 degrees 28'00" West 40 feet, more or less, from the meander line and the
water's edge along Lake Jessup, and also being the Point of Beginning (P.D.B.) of the
survey closure line; Thence along said line South 38 degrees 32' 51" East 400.00 feet to
a #5 rebar at the Point of Termination (P.D.T.) on the East boundary line, located South
00 degrees 28' 00" West 310 feet, more or less from said meander line and the water's
edge of Lake Jessup; thence along East Boundary line South 00 degrees 28'00" West
330.00 feet to a 4"x4" concrete monument #2005 at the Southeast Corner of
March 22, 2004
PUBLIC HEARING AGENDA ITEM 401
ATTACHMENT B
ORDINANCE 2004-13
EXHIBIT "A"
aforesaid Lot 7; departing said line thence along said South Boundary line North 00
degrees 00'00" East 251.80 feet to a #4 rebar and cap #2259 at the Point of Beginning
(P.D.B.).. .including all lands lying between the survey closure line herein described and
the meander line and the water's edge of Lake Jessup herein described, which lie
between true extensions of the West and East Boundary lines of the parcel herein
described, said parcel containinq 3.7 acres, more or less. Bearings are based on the
Orange Avenue.