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HomeMy WebLinkAbout2004 07 12 Public Hearings 404 COMMISSION AGENDA July 12,2004 Meeting Consent Information Public Hearing X Re~ular ITEM 404 MGR. ~ IDEPT J~ Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-19, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 1.7 acre parcel, located at 1184 Orange A v., 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 George &.Yvonne Meier (property owner) for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for their property at 1184 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... (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 consider the application(s) at a Public Hearing, along with the staff review board's recommendation, ~ July 12, 2004 PUBLIC HEARING AGENDA ITEM 404 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: ApI. 29, 2004-Application Received May 24,2004- 20 Reading of Ordinance 2004-18, Annexing the parcel into the City May 20,2004- Public Noticing in Orlando Sentinel ofLPA Public Hearing June 2, 2004- P& Z Board (LP A) heard the request and recommended "Approval" to the Commission June 28, 2004- 1st Reading of Ordinance 2004-19 July 1,2004- Public Noticing in Orlando Sentinel of Public Hearing CONSIDERATIONS: Applicant/Owner - George & Yvonne Meier; 1184 Orange Avenue, Winter Springs, Florida 32708 Parcel Number - 26-20-30-5AR-OBOO-004B Acreage - approx. 1.7 acres General Location - The site is located at 1184 Orange Avenue, immediately north of the Ferlita property . Legal Description - The Westerly 100 Feet of the Easterly 175 Feet of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida and the Westerly 71 Feet of the Easterly 246 Feet of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida LESS the East 151.00 Feet ofthe South 230.00 Feet together with the East 20.00 of that portion lying North of the South 230.00 Feet of the above described property and South of the Northerly line of the South 638.17 Feet of the above described property and the East 25.00 Feet of that portion lying North of the Northerly line of the South 638.17 Feet of the above described property, containing 1.69 acres more or less. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-18. Existing Land Use - The site has a one-story single family residence. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: I I I Existing Land Uses Zoning FUUM I I Subject Site Single Family Residential A-l (SC) Suburban Estates (SC) and Conservation (SC) North Lake Jesup South Single Family Residential Town Center (WS) Town Center (WS) East Single Family Residential A-I (SC) Suburban Estates (SC) and Conservati~!1 (SC) West Vacant A- I (SC) Suburban Estates (SC) and Conservation (SC) July 12,2004 PUBLIC HEARING AGENDA ITEM 404 (WS) Winter Springs; (SC) Seminole County 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 character of the area. The 1.7 acre parcel is located adjacent 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 - The site is already developed as the property owner's estate and was connected to City water two years ago by annexation agreement. Even if the site were to redevelop 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 has some potentially 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. 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. Any potential conflicts that might arise with adjacent residential properties will be resolved at the site planning review and approval stage. P&Z 1 LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning and Zoning Board/Local Planning Agency on June 2, 2004, the Agency held a Public Hearing and voted 4-0 recommending "Approval" to the Commission. July 12,2004 PUBLIC HEARING AGENDA ITEM 404 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2004-19, which adopts a Small Scale Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject property at 1184 Orange Avenue from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and "Conservation Overlay" (on those affected areas). ATTACHMENTS: A. Ordinance 2004-19 including Map & Legal Description B. Draft Minutes of the Planning and Zoning Board Meeting COMMISSION ACTION: July 12,2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT A ORDINANCE 2004-19 ORDINANCE NO. 2004-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 1.7 ACRES MORE OR LESS AND LOCATED AT 1184 ORANGE A VENUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" A 1'1' ACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" AND "CONSERVATION" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT" AND "CONSERVATION OVERLA Y" (ON THOSE AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORA TIONINTO THE COMPREHENSIVE PLAN, 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 June 2,2004, 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 Cily of Winter Springs Ordinance No. 2004-19 Page I of 4 analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of 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 ')\" from Seminole County "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 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 Cily of Winter Springs Ordinance No. 2004-19 Page 2 of 4 l63.3187(1)(c)(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. 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 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 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. 2004-19 Page 3 of 4 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 ,2004. John F. Bush, Mayor ATTEST: 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: G:\Docs\City of Winter Springs\Ordinances\Small Scale FLUM2004-19.wpd City of Winter Springs Ordinance No. 2004-19 Page 4 of 4 July 12,2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT A ORDINANCE NO. 2004-19 EXHIBIT "A" Lake J,esup' LEGAL DESCRIPTION: The westerly 100 feet of the Easterly 175 feet of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records of Seminole County, Florida, and the Westerly 71 feet of the Easterly 246 feet of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof, as recorded in Plat Book 1, Page 5, of the Public Records 0 Seminole County, Florida, LESS: The East 151.00 feet of the South 230.00 feet together with the East 20.00 feet of that portion lying north of the South 230.00 feet of the above described property and south of the northerly line of the South 638.17 feet of the above described property and the East 25.00 feet of that portion lying North of the northerly line of the South 638.17 feet of the above described property, Containing 1.69 acres, more or less July 12,2004 PUBLIC HEARING AGENDA ITEM 404 Being more particularly described as follows; Commence at the Southeast corner of Lot 4, Block B, D.R. Mitchell's Survey of the Levy Grant on Lake Jessup, according to the plat thereof as recorded in Plat Book 1, Page 5 of the Public Records of Seminole County, Florida; said point being on the North Right of Way line of Orange Avenue; thence along said Right of Way line, South 8rOT49" West, 74.80 feet to a point on the east line of the Easterly 175 feet of said Lot 4; thence continue along said Right of Way line, South 8rOT 49" West, 151.01 feet for a POINT OF BEGINNING; thence continue along said Right of Way line South 8rOT49" West 20.00 feet to a point on the West line of the Easterly 246 feet of said Lot 4; thence along said West line, North 02012'02" West 684 feet; to the approximate edge of water of Lake Jessup; thence northeasterly along said waters edge 148 feet, more or less; thence leaving said waters edge, South 02012'02" East 70 feet, more or less; thence North 8rOT49" East, 5.00 feet; thence South 02012'02" East 408.20 feet to a point on the north line of the South 230 feet of said Lot 4; thence along said line South 8rOT49" West 131.01 feet to a point on the west line of the East 151.00 feet of said Lot 4; thence along said west line South 02012'02" East, 230.02 feet to the Point of Beginning. Containing 1.723 acres, more or less. July 12,2004 PUBLIC HEARING AGENDA ITEM 404 ATTACHMENT B Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 2, 2004 PAGE 7 OF 12 "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND CHANGING ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 1181 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: VICE CHAIRPERSON KARR: NAY BOARD MEMBER POE: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS Community Development Department - Planning Division E. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance 2004-19 Adopting A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of An 1.7 Acre Parcel, Located At 1184 Orange Avenue, From (Seminole County) "Suburban Estates" And "Conservation" To (City Of Winter Springs) "Town Center" And "Conservation Overlay" (On Those Affected Areas). Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Ms. Sahlstrom introduced the Agenda Item. Ms. Sahlstrom stated, "Staff recommends that this Small Scale Future Land Use Map Amendment be adopted which would change the Future Land Use Map Designation on a 1.7 acre parcel located at 1184 Orange Avenue from Seminole County 'Suburban Estates' and 'Conservation' to City of Winter Springs 'Town Center' and 'Conservation Overlay' on those affected areas. There again, we feel this is the appropriate Future Land Use given what is adjacent to it. We believe that this is in the best interest to be part of the 'Town Center'." "I WOULD LIKE TO MOVE THAT WE RECOMMEND THE ADOPTION OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT WHICH CHANGES THE FUTURE LAND USE MAP DESIGNATION ON THE SUBJECT PROPERTY AT 1184 ORANGE AVENUE FROM SEMINOLE COUNTY 'SUBURBAN ESTATES' AND 'CONSERVATION' TO THE CITY OF WINTER SPRINGS 'TOWN CENTER' AND 'CONSERVATION OVERLAY' ON THOSE CITY OF WINTER SPRINGS DRAFT UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 2, 2004 PAGE 8 OF 12 AFFECTED AREAS." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER POE: AYE BOARD MEMBER BROWN : AYE VICE CHAIRPERSON KARR: AYE MOTION CARRIED. PUBLIC HEARINGS Community Development Department - Planning Division F. Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing Related To Ordinance 2004-20 Which Rezones Map Designation Of An 1.7 Acre Parcel, Located At 1184 Orange Avenue From "A-I" Agricultural (Seminole County) To "Town Center" (City Of Winter Springs). Chairperson Krebs opened the "Public Input" portion of this Agenda Item. No one spoke. Chairperson Krebs closed the "Public Input" portion of this Agenda Item. Ms. Sahlstrom presented the Agenda Item. Discussion. Ms. Sahlstrom said, "We believe this is the appropriate zoning for this parcel." Ms. Sahlstrom added, "It is our recommendation that you approve it to move forward to the [City] Commission." "I MOVE THA T WE RECOMMEND CHANGING THE ZONING CLASSIFICATION ON THE SUBJECT PROPERTY AT 1184 ORANGE AVENUE FROM 'A-I' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER POE. SECONDED BY VICE CHAIRPERSON KARR. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED.