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Home My WebLink About2004 06 28 Public Hearings 402 COMMISSION AGENDA June 28, 2004 Meeting Consent Information Public Hearine X Reeular ITEM 402 MGR. V IDEPT /~ Authorization REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for 1st Reading of Ordinance 2004-16, a Small Scale FLUM Amendment which changes the Future Land Use Map designation of an 8.56 acre parcel, located at 1181 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 Guy Ferlita Trustee (property owner) & Thomas Corkery, applicant for a Small Scale FLUM Amendment, changing the Future Land Use Map designation for their property at 1181 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 shaH 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 @> June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 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 shaII 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. 23, 2004- Application Received May 24,2004- 2nd Reading of Ordinance 2004-15, 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 2004-16 CONSIDERATIONS: Applicant - Tom Corkery of Congressional Home and Developers of Florida as agent for Barclay Woods LLC; 1085 W. Morse Blvd., Suite A; Winter Park, Florida 32789 Owner - Guy FerIita Trustee Parcel Number - 26-20-30-5AR-OBOO-0160 Acreage - approx. 8.56 acres General Location - The site is located at 1181 Orange Avenue, immediately north of Winter Springs High School. Legal Description - Lot 16, Block "B" of 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. Chronology of Subiect Property - The subject property was annexed into the City on May 24, 2004, by Ordinance 2004-15. Existing Land Use - The site has a one-story single family residence, a shed and a well. The County Future Land Use designation is SE- Suburban Estates and Conservation. Adjacent existing land uses, zoning and FLUM designations include the following: Existing Land Uses Zoning FLUM Subject Site Single Family Residential A-I (SC) Suburban Estates (SC) and - ------------ --- _ Conseryatipn l~CL___ North Lake Jesup --- ,-.--,.---------... .--------...-.---- ----..--------....-----.-----.- South Public School (Winter Town Center (WS) Town Center (WS) , SE~i!!g~J!igQ_~~!I-9_<?Jl._,____. --,-,--,--------------- ------.--- East Single Family Residential Town Center (WS) Town Center (WS) ,,--.--..---.----..-...--.------.--....-.-.-. -----.-....--.---...--....-.......--..-.--- .-----------.-....,....------ West Vacant; Borrow Pit Town Center (WS) Town Center (WS) -- --- (WS) Winter Springs; (SC) Seminole County June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 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 8.56 acre parcel is located immediately to other properties that are designated on the FLUM as "Town Center". Letters/Phone CalIs In Favor Or Opposition - None. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The folIowing 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 applicant seeks to develop the property into townhouses. Even if the site were to develop at maximum density, the resulting number of lots would stilI 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 environmentalIy 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 aU 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 / 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 3-1 recommending "Approval" to the Commission. June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for the First Reading of Ordinance 2004-16, a Small Scale Comprehensive Plan Amendment which changes the Future Land Use Map designation on the subject property at 1 181 Orange A venue from (Seminole County) "Suburban Estates" and "Conservation" to (City of Winter Springs) "Town Center" and "Conservation Overlay" (on those affected areas). IMPLEMENTATION SCHEDULE: June 28, 2004-1st Reading of Ordinance 2004-16 July 1,2004- Public Noticing in Orlando Sentinel of Public Hearing July 12, 2004- 2nd & Final Reading of Ordinance 2004-16 ATTACHMENTS: A. Ordinance 2004-16 including Map & Legal Description B. Draft Minutes of the Planning and Zoning Board Meeting COMMISSION ACTION: June 28,2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A ORDINANCE NO. 2004-16 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS~ FLORIDA, ADOPTING A SMALL SCALE FLU1VJ AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNA TION 01' THE REAL PROPERTY CONSTITUTING A PARCEL TOTALING 8.558 ACRES MORE OR LESS AND LOCATED AT 1181 ORANGE A VENUE IN WINTER SPRINGS~ FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRlBED ON,EXHlBJT"A" ATTACHED HERETO, FROM SEMINOLE COUNTY "SUBURBAN ESTATES" AND "CONSERV ATION" 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, INCORPORATION INTO THE COMPREHENSIVEPLAN,ANDANEFFECTIVE DA TE. WHEREAS, the future land use map amendment embodied in this Ordinance isa small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3 I 87(l)(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 Il, Florida Statutes, on the proposed Comprehensive Plan Amenclrne11l and considered [indings and advice of staff, citizens, and all interested parties submittingwlitten 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 staft, citizens, and all interested parties submitting written and oral comments and supporting data and City of Winter Springs Ordinance No. 2004-16 Page I of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A analysis, and after complete delibe.ration, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder~ and WHEREAS, the City Commission oJ 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 Splings. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS VOl,LOWS: Section .1. Recitals. The foregoing recitals are true and correct and are fully inCOIlJOrated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, tile Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. I'll rpose and Intent It is hereby declared to be the pUIlJose and intent of this Ordimmce to clarify, expand, COITect, update, modify and othenvise further the provisions ofthe City of Winter Springs' Comprehensivc Plan. Section 4. AdoptioIl of Amendment tothe Future Lund Use MUI>. The City of Winter Springs' Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real prope1ty 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 Aft"airs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amcndment to the Florida Department of Community Affairs, in accordance with Section City of Winter Springs Ordinance No. 2004-16 Page 2 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A 163.3187 (1)(c)(4), Florida Statutes, and Section 9J-II, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances ancl Resolutions. All prior i nconsi stent ordinances and resol utions adopted by the Ci ty Commission. or parts of pri or ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the contlict. Sedion 7. Slwerability. II' any section, subsection. sentence, clause, phrase, word or provision of this Ordinance is for any reason helel invalid or unconstitutional by any C01ll1 of competent jurisdiction, whether t'or substantive, procedural"or any other reason, such pOltion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Sl~dion 8. Incorporation into Comprehensive Plan. Upon the ert'ective date of the Comprehensive Plan Amendment adopted by this Ordinance. said Amendment shall be inco'l)orated into the City of Winter Springs'Comprehensive Plan and any section or paragraph number orlener and any heading may be changed or modifiecl as necessary to effectuate the foregoing. Sedjon 9. Effective Date and Lcgal Status of thc Plan Amcndment. The effective date of this Ordinance shall take effect thil1y-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 lime as the Florida Depal1ment 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 berore it has become etIective. After and from the effective date of this Amendment, the Comprehensive Plan City of Winter Springs Ordinnnce No. 2004-16 Page 3 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A Amendment set. fonh herein shall amend the City of Winter Springs' Comprehensive Plan and become a part or that phU1 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 Winler Springs, Florida, in a regular meeting assembled on the _ day of ,2004. John F. Bush, Mayor ATTEST: Andrea Lorenzo-LlIaces, Cit.y Clerk A pproved as to legal form and sllfficiel1(~Y for the City of Winter Springs only: Anthony A. Garganese, Cit.y Attorney Fi rst Readi ng: Second Reading: Effective Date: G:\Docs\City of Winter SpJings\Ordinances\Sll1all Scale FLUM2004-16. wpd City ofWinlcr Springs Ordinance No. 2004-16 Page 4 of 4 June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT A ORDINANCE NO. 2004-16 EXHIBIT "A" LOCATION MAP Lake Jesup LEGAL DESCRIPTION: Lot 16, Block "B" of 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. More particularly described as follows: METES & BOUNDS DESCRIPTION: BEGIN at the Northeast corner of Lot 16, Block "B" of 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; thence run South 18035'40" West, along the East line of said Lot 16, for a distance of 728.68 feet to the Southeast corner of said Lot 16; thence run North 71025'29" West, along the South line of said Lot 16, for a distance of 500.72 feet to the Southwest corner of said Lot 16; thence run North 18039'16" East, along the West line of said Lot 16, for a distance of 750.80 feet to the Northwest corner of said Lot 16; thence run along the North line of said Lot 16 and South right of way line of Orange Avenue (a 50 foot wide public right of way) the fOllowing three courses: South 71056'39" East, for a distance of 96.52 feet; South 69021'54" East for a distance of 323.84 feet; South 63018'14" East for a distance of 80.59 feet to the POINT OF BEGINNING. Contains 8.558 acres, more or less. June 28, 2004 PUBLIC HEARING AGENDA ITEM 402 ATTACHMENT B Draft Minutes of the June 2, 2004 Planning & Zoning Board Meeting e6/18/2ee4 13:25 4e76998584 NIS JKREBS PAGE 136 ~ crrv 0' WINTER SPltINQ' DRAFT UN^Pl'ROVED MlNU"I'QS PLAJlfNINC ANb ZONlNC 80ARnILOCAL PLANNING AGENCY JUroUV.R ME811NO - JUNE l, 209' PAGE SOF 11 COORDINATION ItLEMtNT, AND mE POTABLE WATER SUB-ELEMENT OF TIlE INFRASTRUCTIJRE ELEMENT. ALSO, ATTACHED TO THE RECOMMENDATION WOULD BE THE l41NDINGS BY THE STAFF. THE COMPREHENSIVE PLAN TEXTAMENDl\fENT 'IS CONSISTENT WITH THE GOALS, OBJE,CTIVES, ANn POLICIES OF THE CITY.S ADOPTIVE COMPREIlENSIVE PLAN. THE REQUEST IS IN CONFORMANCE WITH THE PURPOSE AND mE INTENT OF THE CITY CODE AND WITH ALL APPUCABLE RlEQUlREMENTS. THE REQUEST IS COMPATIBLE AND FURTHER iLEMENTS OF THE STATE COMPREHENSIVE 'PLAN AND CHAPTER 187 FLORIDA STATUTE. THE COMPREHENSIVE PLAN AMENDMEN'f IS COMPATIBLE WITH AND FURTHER ELEMENTS OF THE EAST CENTRAL FWRlDA COMPREHENSIVE REGIONAL POLICY PLAN. OJ MOTION BY 'BOARD MEMBER BROWN. SECONDED BY VICE CIlAIRPERBON KARlt DISCUSSION. VOTE: VIet CHAlRPER,SON KARR: AYE :BOARD MEMBER BROWN: AYE BOARJ) MEMBER POE: AYE CHAIRPERSON KREBS: AYE ,MOTION C-^RRIED. Discussion. f1JBLIC BEARINGS C(JlmIlun,ity Development Department ~ Planning Division C. Requests De PluldDg ADd Zoning BoardlLoc:al Planning Agency Hold A I'ubUc BearlDg For Ordbau.c:e 1004-16 AdoPWlg A Small Su.le FLUM AmeDdmen.' Changine The hture Land Use Map DeRen_dOl) Of AD 8.56 Aore Parce.. LcKated At 1181' Orange Aveaue, From (SemiD.ole County) "Suburban Estates" And "'Conservation" To (City Of Winter Springs) "Town Ceatert' ADd "Consorvatioll Overlay" (On ThO$e Alfected Areas). ' Chairper~on Krebs openM ihe "Public InpLlt" Porl'ion of ihis Agenda Item. No one spoke. Chairperson Krebs c/0Hd the "PubUc l1Ipu.t" portion of this Agenda Item. Ms. Si1h1!trom introduced the Agenda Item. Discussion. 90 . d ~Sl.'" L~ L0t> SOOICkS ~J.NIM =IJ ALI~ OO:9t I?OOC-L]:-ffif ~~~ .~~~~~~ ~~.,~ ~Y(YJJU~U~ I 'U..:l .... "~C.C;:l t"'Al:l1:. 1::11 CrT'Y OP WIlI<TBR. 5Jll.1NOS DRAFT UNAPPROV8D MlNum; PLANNING A.ND ZONDlfGBOARDJLocAL PLANNING N;'RNCV lEOUlAR. MElmNG -lUNE 2. 2004 PAtu; 6 OF II ~ "'I WOULD LID TO MAKE A MonON THAT WE RECOMMEND TO THE CITY COMMISSION A MOTION RELATED TO ORDINANCE 2004-16 'WHICH ADOPTS A SMALL SCALE COMPREHENSIVE PLAN, AMENDMENT AND CHANGES THE F'lJTtJRE LAND USE :DESIGNATION FROM THE SlJBJ'Ecr PROPERlY AT 1181 ORANGE AVENUE,' FROM SEMINOLE COUNTY 'SuBURBAN ESTA11!;S' AND 'CONSQVATlON' TO THE CI1Y OF WINTER SPRINGS clOWN CENTER' AND 'CONSERVATION OVERLAY'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE CHAIRPERSON KREBS: AYE VICE CBAIRPERSONKARR,: NAY BOARD MEMBER POE: AYE ~TION C;ARRIED. Discussion. Tapa 2ISlde ^ PUBLIC HEARINGS COllUlltlnlty Development Department - Plamdng Division D. hquests The Planaiq ADd Zonine BoardlLoaI Planning Agency Bold A PubUc Hearing Related To Ordinance 20Q4..17 Which Rezones 8.56 Acres (More Or Less), Located At 1181 Onage Avenlle From ~A-l" Agricultural (Semblole County) To ~Town Center" (City Of Winter S,-riRgs). Ms. Sahlstrom presented the Asenda Item. Diseu&s1on. "I WOULD, LIKE TO MAKE A MOTION THAT WE RECOMMEND CHANGING ZONING CLASSIFICATION ON THE SUDner PROPERTY AT 1181 ORANGE AVENUE FROM cA-1' AGRICULTURAL SEMINOLE COUNTY TO 'TOWN CENTER' CITY OF WINTER SPRINGS." MOTION BY BOARD MEMBER POR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: , VICE CHAIRPERSON KARR: NAY BOARD MEMBERPOE: AYE CHAIRPERSON KREBS: AYE BOARDMEMBERBROWN: AYE MOTION C~Jt ~e'd ~~ ~ ~ep so-.lr~ ~IM =lO -'lI::J El3:9t tra02-c.t-Nllf