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HomeMy WebLinkAbout2006 06 12 Public Hearing 201 Ord 2005-29 Lg FLU CITY COMMISSION ITEM 201 June 12, 2006 Meeting Consent Information Public Hearin Re ular frMgr.~ePt~ x REQUEST: The Community Development Department - Planning Division requests the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment, referenced as LS-CPA-06-01 which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2, located between Shepard Road and Florida Avenue and to give consideration to the Objections, Recommendations and Comments (aRC) from the State Department of Community Affairs and the Applicant's response which includes a Binding Development Agreement. PURPOSE: To change the Future Land Use Map designation for seven (7) parcels located between Shepard Road and Florida Avenue. APPLICABLE LAW AND PUBLIC POLICY s. 163.3174, Florida Statutes. Local planning agency s. 163.3184, Florida Statutes. Process for adoption of comprehensive plan or plan amendment. s. 163.3187, Florida Statutes. Amendment of adopted comprehensive plan. ss. 166.041(3)(c)2.b., Florida Statutes. (required advertising) Rule 9J-11.011, Florida Administrative Code Winter Sprin2s Charter Section 4.15 Ordinances in General Winter Sprin2s 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 CHRONOLOGY: Oct. 19, 2005- The Keewan Real Property Company of Winter Park, Florida, submitted a revised application for a Large Scale Future Land Use Map Amendment for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2 [as described under parcel information] to change the Future Land Use Map designation, so that it can be developed into as many as 334 residential townhouses. June 12,2006 Public Hearing Item 201 Dec. 6, 2005- The Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, 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 recommended Denial (3-2) to the City Commission; Feb. 13, 2006- The City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed Comprehensive Plan amendment and considered findings and advice of staff, citizens and all interested parties submitting written and oral comments, and after complete deliberation, approved the amendment (4-1) for transmittal to the Florida Department of Community Affairs; Feb. 17, 2006- Staff transmitted the Large Scale Comprehensive Plan Future Land Use Amendment to the State Department of Community Affairs for review. April 24, 2006- The City received the Florida Department of Community Affairs' Objections, Recommendations, and Comments Report (ORC Report) which included recommendations to bring the subject Comprehensive Plan amendment into compliance with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes. June 7, 2006- Local Planning Agency second Public Hearing for review of Objections, Recommendations and Comments (ORC) Report, review of the Applicant's response to the ORC Report, and recommendation to the City Commission. CONSIDERATIONS: . The ORC Report indicated that the amendment was not appropriately supported by data and analysis regarding the planning and provision of public facilities (sanitary sewer, recreation and open space, and school facilities), land use compatibility, and land use need. . The ORC Report included recommendations to bring the subject Comprehensive Plan amendment into compliance with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes. . The Applicant has met with City Staff and has prepared a Response (supported with data and analysis) based on the State's recommendations. . The Local Planning Agency reviewed the ORC Report, the Applicant's response, and will be making a recommendation to the City Commission at their regular meeting on Wednesday, June 7. [Florida Statutes do not require that the Local Planning Agency review any changes to the proposed amendment after an ORC has been issued by the Department of Community Affairs. However, Staff believes it is appropriate that the LP A be given the opportunity- 1) for review of the Objections, Recommendations and Comments (ORC) Report; 2) for review of the Applicant's response to the ORC Report; and 3) to make further Recommendation on Adoption of the Future Land Use change to the City Commission.] Page 2 June 12, 2006 Public Hearing Item 201 . Winter Springs has 60 days (until June 22,2006) from the ORC's Report date of receipt (Apr. 24, 2006) to adopt the amendment, adopt the amendment with changes, or determine that it will not adopt the amendment. The action shall be made at a public hearing. FINDINGS: (Based on Section 15-36. Review criteria) (1) The proposed amendment will have favorable effect on the City's budget, as the vacant land is developed and generates tax revenue; (2) The Applicant has substantiated that the proposed amendment will not reduce the LOS of public facilities; (3) The proposed use is not expected to have any unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (4) The proposed amendment is consistent with the goals, objectives, and policies of the State Comprehensive Plan set forth in chapter 187, Florida Statutes. Consistency with the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code is no longer required as this rule was repealed; (5) The proposed amendment will not unduly burden public facilities; (6) The proposed amendment is compatible with the surrounding residential land use to the east and south. Adjacent properties (under different ownership to the south) remaining with an "Industrial" land use (that were not initially part of this project) are being considered concurrently for a small scale land use change to "Medium Density Residential" so that they might be incorporated into this project, reducing any incompatibility that might otherwise exist. Development of the property will include a berm with landscape and irrigation to buffer the residential development from the adjacent industrial uses; (7) The proposed amendment will not cause the comprehensive plan to be internally inconsistent; (8) The proposed amendment will promote the public health, safety, welfare, economic order, or aesthetics of the city or region; and (9) The request is consistent with Florida Statute Chapter 163, Part II and Rule 9J-5, Florida Administrative Code. STAFF RECOMMENDATION: Staff requests that the City Commission accept the Objections, Recommendations and Comments (ORC) from the State DCA along with the Modifications to the Comprehensive Plan Amendment and Binding Development Agreement, submitted as the Applicant's Response (in order to bring the amendments in compliance with Rule 9J-5, Florida Administrative Code and Chapter 163, Part II, Florida Statutes), and based on these Findings and Actions, recommends that the City Commission hold a Public Hearing for Second Reading/Adoption of Ordinance 2005-29, a Large Scale Comprehensive Plan Amendment, referenced as LS-CPA-06-01 which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for seven (7) parcels containing 47.27 acres, more or less, less areas 1 & 2, located between Shepard Road and Florida Avenue. ANTICIPATED IMPLEMENTATION SCHEDULE: May 24,2006- Public Noticing in Orlando Sentinel for City Commission 2ND Reading/Adoption Hearing (at least 5 days prior to adoption) Page 3 June 12,2006 Public Hearing Item 201 June 12.2006- City Commission 2ND Reading/Adoption Hearing June 21. 2006- Submittal to DCA for Compliance Review (within 10 days of adoption) The ordinance would become effective after 21 days of the issues of "Notice of Intent" by the Florida Department of Community Affairs to find the large scale comprehensive plan amendment in compliance. [ref: 163.3184 (lO)(a) F.S.] ATTACHMENTS: A- Proposed Future Land Use Map, June 2006 B- Excerpts of Minutes of the P&Z/LP A Meeting of June 7, 2006 (under separate cover) C- Public Noticing in Orlando Sentinel, May 24, 2006 D- FL. Dept of Community Affairs ORC Report E- Applicants Response incorporating the Recommendations from the ORC Report & Binding Development Agreement F- Ordinance 2005-29 with Exhibit A (Map & Legal Description) COMMISSION ACTION: Page 4 ATTACHMENT A Dittmer Property FLUM Change Request Proposed FUTURE LAND USE October 2005 LEGEND I \ 1---'-- _ Commercial D Industrial _ Medium Density Residential _ Public I Semi-Public _ Recreation ~ > ~ :r " i: <Ii ::j 300 I 600 I 1,200 Feet -".,. '"..' ^ .."""..,w N I o ITEM 201 ATTACHMENT B Excerpt from Planning & Zoning Board Minutes of June 7, 2006 CITY OF WINTER SPRINGS, FLORIDA ?i UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY . REGULAR MEETING JUNE 7, 2006 CALL TO ORDER The Planning and Zoning Board/Local Planning Agency Regular Meeting of Wednesday, June 7, 2006 was called to order at 7:03 p.m. by Chairperson Rosanne Karr in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Rosanne Karr, present Vice Chairperson Linda Tillis, present Board Member Tom Brown, present Board Member William H. Poe, present Board Member Ned Voska, present City Attorney Anthony A. Garganese, present After a moment of silence, Chairperson Karr led the Pledge of Allegiance. Under Agenda Changes, Chairperson Karr remarked, "There was a request to move Item Number '204' to the beginning of the Agenda." PUBLIC INPUT No one spoke. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 100. None None. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7,2006 PAGE 2 OF 11 ~ .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM WAS DISCUSSED NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. .:. .:. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 204. Community Development Department - Planning Division ADD-ON Requests The Planning And Zoning Board/Local Planning Agency Hold A Second Public Hearing Related To Ordinance 2005-29, A Large Scale Comprehensive Plan Amendment, Referenced As LS-CPA-06-01 Which Changes The Future Land Use Map Designation From "Industrial" To "Medium Density Residential" For Seven (7) Parcels Containing 47.27 Acres, More Or Less, Less Areas 1 And 2, Located Between Shepard Road And Florida Avenue And To Give Consideration To The Objections, Recommendations And Comments (ORC) From The State Department Of Community Affairs And The Applicants Response. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department spoke on this Agenda Item and stated, "Staff does recommend that you hold a Second Public Hearing and also accept the ORC (Objections, Recommendations and Comment Report) Report from the State along with the modification to the Comprehensive Plan Amendment submitted as Applicant's response in order to bring the Amendments in compliance with Rule 9J-5 Florida Administrative Code in Chapter 163 Part II Florida Statutes. Based on these findings and actions, [Staff] recommends approval of the Planned Amendment to the City Commission - as part of the Applicant's dedication to making sure that their proposed development would be compatible with the surrounding uses and other concerns, they have memorialized that language in the Development Agreement that will also be going forward to the Commission and that Development Agreement specifically relates to the provision of open space the provision of funding for schools, the buffer area being implemented along the west boundary." Lastly, Ms. Sahlstrom said, "We do have a Comprehensive Plan Citizen Courtesy Information List - it is available for you in the Lobby to sign if you want to be included from the State as to - ifthey were to publish a Notice of Intent, you would be notified." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: spoke on behalf of the Keewin Real Property Company and presented a PowerPoint presentation. Ms. Furman said, "The first recommendation is to include data analysis to include sewer capacity." Ms. Furman added, "So, that is what we included in the ORC (Objections, Recommendations and Comments Report) response to the State." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND WNlNG BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE30Fll ~ Furthermore, Ms. Furman said, "They asked us to revise the transmittal to include data analysis regarding recreation and open space. The Applicant has proposed in our Developer's Agreement and the City Attorney has reviewed comments that we are 'Okay' with to provide an on-site neighborhood park. The first draft of this Developer's Agreement is in your package. So, we would include an on-site neighborhood park and we also worked with the City's Recreation Department, and they determined that the City has sufficient community parks - it was mentioned by the Park's Department that the impact fees that these units will have to pay for recreational facility will go to the build- out ofthat land that was added." Furthermore, Ms. Furman added, As mentioned before when we came before you, we have agreed to make a mitigation payment to the school system of$1,235.00 per unit that is on top of our impact fees. This is also included in the Developer's Agreement and the School Board is satisfied that the capacity either is in some of the schools, or will be available and that this payment will cover additional Capital costs for the student station." Ms. Furman said, "The next is requesting analysis regarding the need for Medium Density Residential." Ms. Furman added, "We went through the Comprehensive Plan and your Comprehensive Plan says that you need 5,579 new housing units by 2010. It also indicates that future growth will demand 4,474 residential acres - with the adoption of Ordinance 2006-02 which is where the City Commission decided not to annex any property to the east of - Deleon [Street]." Ms. Furman added, "We have also proposed as far as compatibility - a binding Developer's Agreement to provide and it specifically states in the Developer's Agreement it is a six foot (6') high wall on top of a five foot (5') high berm with trees, shrubs and irrigation and that would be on our western boundary where the commercial and the industrial properties are. We want to be good neighbors. But, we also want our residents to enjoy where they are living." Ms. Furman said, "In our Covenants, Conditions and Restrictions for this project, we would include a notice indicating that the properties to the west have an 'Industrial' designation." Discussion. Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: spoke as a resident and addressed the Board Members and is opposed to the Large Scale [Comprehensive] Plan Amendment. Then Ms. Schwartz spoke on behalf of the Highlands Homeowner's Association and noted their objection to the Large Scale [Comprehensive] Plan Amendment. Ms. Cindy Gennell, 706 Meadowbrook Drive, Winter Springs, Florida: as President of the Wildwood Homeowner's Association, Ms. Gennell commented that their subdivision is immediately adjacent to the proposed project and that they remain supportive and look forward to the approval of the City Commission. Chairperson Karr closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7,2006 PAGE 4 OF 11 ~ "I MAKE A MOTION THAT THE PLANNING AND ZONING BOARD ACCEPTS ITEM '204' CHANGES OVER FROM THE INDUSTRIAL TO MEDIUM DENSITY RESIDENTIAL AND ADVISE THE COMMISSION FOR THE PROJECT AS NEEDED FOR THE CITY." MOTION BY BOARD MEMBER VOSKA. SECONDED BY VICE CHAIRPERSON TILLIS. DISCUSSION. VICE CHAIRPERSON TILLIS SAID, "WE SHOULD ACCEPT DCA'S [DEPARTMENT OF COMMUNITY AFFAIRS] REPORT AS WELL AS THE APPLICANT'S MODIFICATION, BUT I AM STILL NOT CONVINCED THAT THIS IS THE BEST USE OF THIS PARTICULAR PROPERTY - CONSIDER THIS IN TWO (2) SEPARATE PARTS; ADDRESS ACCEPTING THE DCA [DEPARTMENT OF COMMUNITY AFFAIRS] REPORT AND THE MODIFICATION AND THE RESPONSES TO THAT, AND PERHAPS CONSIDER SEPARATELY RE-RECOMMENDING OR AFFIRMING THE APPROVAL OF THE PLANNED AMENDMENT TO THE CITY COMMISSION." CITY ATTORNEY ANTHONY A. GARGANESE SAID, "YOU WANT TO SAY THAT THEY WERE RESPONSIVE TO DCA'S (DEPARTMENT OF COMMUNITY AFFAIRS) OCR (OBJECTIONS, RECOMMENDATIONS AND COMMENTS) REPORT AND THEN HAVE A SEPARATE MOTION AS TO WHETHER OR NOT THIS PROJECT IS ACCEPTABLE FOR THIS PROPERTY?" VICE CHAIRPERSON TILLIS SAID, "THAT IS CORRECT." CHAIRPERSON KARR SAID, "THAT IS A GOOD MOTION." ATTORNEY GARGANESE SAID, "YOU CAN GO AHEAD AND DO THAT. I THINK YOU ARE ALREADY ON THE RECORD - RECOMMENDING DENIAL. AM I CORRECT, ELOISE?" MS. SAHLSTROM SAID, "THAT IS CORRECT." ATTORNEY GARGANESE SAID, "YOU CAN SAY THAT IT IS RESPONSIVE AND NOT CHANGE YOUR PRIOR RECOMMENDATION. YOU CAN DO IT IN TWO (2) PARTS." VOTE: BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER POE: NAY BOARD MEMBER BROWN : NAY CHAIRPERSON KARR: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -JUNE 7, 2006 PAGE 5 OF II "I WOULD LIKE TO MOVE THAT WE RECOMMEND ACCEPTING THE STATE'S DCA (DEPARTMENT OF COMMUNITY AFFAIRS) REPORT AS WELL AS THE APPLICANT'S RESPONSE, THEIR MODIFICATION - COMPREHENSIVE PLAN AS ACCEPT ABLE." MOTION BY VICE CHAIRPERSON TILLIS. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: BOARD MEMBER BROWN : AYE CHAIRPERSON KARR: AYE VICE CHAIRPERSON TILLIS: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE MOTION CARRIED. "I WOULD LIKE TO MOVE THAT WE RECOMMEND THAT THE COMMISSION DENY THE PLANNED AMENDMENT TO THE FLUM (FUTURE LAND USE MAP) CHANGE ON THIS PARTICULAR PROPERTY." MOTION BY VICE CHAIRPERSON KARR. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSON KARR: AYE BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: NAY BOARD MEMBER POE: AYE VICE CHAIRPERSON TILLIS: AYE MOTION CARRIED. Attorney Garganese said, "The Board's action is that you found that the Applicant was responsive to addressing DCA's (Department Of Community Affairs) concerns in the ORC (Objections, Recommendation and Comments) Report, but you still do not believe it is an appropriate land use designation?" Board Member Poe said, "That is correct." Discussion. Tape l/Side B ~ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 6 OF 11 PUBLIC HEARINGS 200. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-05, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Parcels Totaling 1.17 Acres, Located On Lake Lucerne Circle From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom presented this Agenda Item and stated, "It is Staffs recommendation that you hold a Public Hearing and make recommendation to the Commission related to this Ordinance which would be a small scale Future Land Use Map Amendment changing the Future Land Use Map (FLUM) designation of two (2) parcels totaling 1.17 acres located on Lake Lucerne Circle from Winter Springs 'Industrial' to City of Winter Springs 'Medium Density Residential' ." Chairperson Karr opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: briefly spoke to the Board Members. Ms. Sahlstrom read into the Record comments from Mr. Kip Lockcuff, Director, Public Works Department. Ms. Sahlstrom added, "It would be Staffs recommendation that the Applicant be on 'Notice' that we do not support townhouses on these two (2) properties." Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: on behalf of the Highland's Homeowner's Association, Ms. Schwartz noted their objection to the Small Scale [Comprehensive] Plan Amendment for this parcel. Chairperson Karr closed the "Public Input" portion of the Agenda Item. Discussion. Ms. Furman stated, "We would be willing, in the Binding Developer's Agreement, to put something that says, 'There would not be units on this'." Ms. Sahlstrom said, "I think perhaps just at this point in time to indicate that you are not looking to put units there, might suffice for consideration of this Board." ~ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED DRAFT MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 7 OF 11 "I WOULD LIKE TO MAKE A MOTION TO DISAPPROVE A SMALL SCALE FUTURE LAND USE MAP AMENDMENT (FLUM) WHICH CHANGES THE FUTURE LAND USE DESIGNATION OF TWO (2) PARCELS TOTALING 1.17 ACRES LOCATED ON LAKE LUCERNE CIRCLE FROM WINTER SPRINGS 'INDUSTRIAL' TO 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. FOR CLARIFICATION, ATTORNEY GARGANESE SAID, "WOULD YOUR OPINION CHANGE IF THERE WAS SOME WAY TO LIMIT THE CONSTRUCTION OF ANY MULTI-FAMILY HOMES ON THIS PROPERTY?" BOARD MEMBER POE SAID, "IT PROBABLY WOULD BUT MY OTHER CONCERN ALSO IS THE LOSS OF INDUSTRIAL PROPERTY." FURTHER DISCUSSION. VOTE: BOARD MEMBER BROWN: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: AYE CHAIRPERSON KARR: AYE BOARD MEMBER POE: AYE MOTION CARRIED. PUBLIC HEARINGS 201. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-06, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of One (1) Parcel Totaling 1.72 Acres, Located At 1228 Florida Avenue From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom introduced this Agenda Item and stated, "Staff recommends that the P and Z (Planning and Zoning) Local Planning Agency hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2006-06 a Small Scale Future Land Use Map (FLUM) Amendment which changes the Future Land Use Map (FLUM) Designation of one (1) parcel totaling 1.72 acres, located at 1228 Florida Avenue from (City of) Winter Springs 'Industrial' to (City of) Winter Springs 'Medium Density Residential' ." Discussion. Chairperson Karr opened the "Public Input" portion of the Agenda Item. ~ CITY OF WINTER SPRINGS, FLDRIDA ~ UNAPPROVED DRAFf MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - JUNE 7, 2006 PAGE 8 OF 11, Ms. Helga Schwartz, 720 Galloway Court, Winter Springs, Florida: as a resident, Ms. Schwartz objects to changing the designation of this parcel. On behalf of the Highland's Homeowner's Association, Ms. Schwartz said, "We would like you to deny moving forward with the Small Scale [Comprehensive] Plan Amendment. " Ms. Rebecca Furman, Attorney, Lowndes Drosdick Doster Kantor & Reed, P.A., 2i5 North Eola Drive, Orlando, Florida: briefly spoke to the Board Members. Chairperson Karr closed the "Public Input" portion of the Agenda item. "I RECOMMEND DISAPPROVAL OF THE SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT WHICH CHANGES THE FUTURE LAND USE MAP DESIGNATION OF ONE (1) PARCEL OF 1.72 ACRES LOCATED AT 1228 FLORIDA AVENUE FROM WINTER SPRINGS 'INDUSTRIAL' TO (CITY OF) WINTER SPRINGS 'MEDIUM DENSITY RESIDENTIAL'." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER BROWN. DISCUSSION. VOTE: CHAIRPERSONKARR: AYE BOARD MEMBER POE: AYE BOARD MEMBER VOSKA: AYE VICE CHAIRPERSON TILLIS: NAY BOARD MEMBER BROWN : AYE MOTION CARRIED. PUBLIC HEARINGS 202. Community Development Department - Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing For Ordinance Number 2006-07, A Small Scale FLUM (Future Land Use Map) Amendment Which Changes The Future Land Use Map Designation Of Two (2) Triangular Pieces Totaling .37 Acres, Located On Shepard Road From (Winter Springs) "Industrial" To (City Of Winter Springs) "Medium Density Residential". Ms. Sahlstrom presented this Agenda Item and said, "Staff recommends that the P and Z (Planning and Zoning)/Local Planning Agency hold a Public Hearing and make recommendation to the City Commission related to Ordinance 2006-07 a Small Scale Future Land Use (FLUM) Amendment which changes the Future Land Use Map (FLUM) Designation of Two (2) Triangular pieces totaling .37 acres, located on Shepard Road from Winter Springs 'Industrial' to City of Winter Springs 'Medium Density Residential' ." Ms. Furman stated, "We actually would like to withdraw the Request." .' . PUBLIC HEARING. \ FOR SECOND READING',AND ADOPTION WILL BEH~LD ON MONDA~JUNE 12,2006. AT 6:30P.M,' OR SOON THEREAFTER IN THE COMMISSION, CHAMBERS LOCATED AT TRf,WINTER SPRINGS CITY HALL J 1126'EAST.STATERDAD434" ' , WINTER SPRINGS, FLORIDA , I..' . The proposed amendment may be obtained by interested parties between l 8 a.m. and 5 p.m" Monday through Friday, at the City's Clerk's Office, I located at 1126 E. SR 434, Winter Springs, Florida, FormoreinfOrmation, call ; (407) 327.1800 #227. Persons with disabilities needing assistance to participate In any of these proceedings should contact the Employee Relatl,ons Department Coordinator, 48 hours in advance of the meeting at (40n 327.1800, #236. This Is a public heanng. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed amendment. If you decide to appeal any. recommendation or decision made by the CI~ Commission with respect to any matter conSidered atthis mee~ng, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the ,proceedinos Is made UDon which the aDDealls based. ' 'i i , ~ , \ , , , i \ , (, J I I' i I I ) ; , I I' I I :1 I I ,1 I ,i' I --------~T _-__,.,M-'.~"-,..~"<~".v--,..,........-",.,--.".~,.,...,.""'-~.......~ . .,'. "'".' "",.~"''''~._' !;IN~:A. 1h .. o NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN CITY OF WINTER SPRINGS NOTICE IS HEREBY GIVEN THAT THE CllY COMMISSION OF THE CllYOF WINTER SPRINGS , PROPOSES TO ADOPT: ORDINANCE. NO, 2005.29 AN ORDINANCE Or THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; , SETTING FORTH' AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS.CPA.06.01, PROVIDING FOR ADOPTION OF ; AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERlY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AVENUE, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A, ~ ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM CllY OF WINTER . SPRINGS ~INDUSTRIAL TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAr; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE . DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABIUn AND AN EFFECTIVE DATE. . SUBJECT PROPERTY, LESS AREAS1.12 8 . N I! I I, I' I I- I I o . 1Il l&l.! QI,... '. .. i I . , I I ~ ... 8 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor April 20, 2006 THADDEUS L. COHEN, AlA Secretary +~ ~ "I"). "',.o~ ~~ "0-:; 0-<, <' f . ~ ">",,/~1t~ ~ . ~ O$:~ Q' ~ $;.: ;()"" <?c .~ '?;I\Il Q" '?,.. ..- The Honorable John F. Bush Mayor, City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Dear Mayor Bush: The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Winter Springs (DCA 06-1), which was received on February 20,2006. Based on Chapter 163, F.S., we have prepared the attached report, which outlines our findings concerning the amendment. It is particularly important that the City address the "objections" set forth in our review report so that these issues can be successfully resolved prior to adoption. We have also included a copy of local, regional and state agency comments for your consideration. Within the next 60 days, the City should act by choosing to adopt, adopt with changes or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. The City's proposed Amendment 06-1 consists of one amendment to the Future Land Use Map (FLUM) to change 47.27 acres from Industrial and Conservation Overlay to Medium Density Residential and Conservation Overlay. The Department is concerned that the amendment is not appropriately supported by data and analysis regarding the planning and provision of public facilities (sanitary sewer, recreation and open space, and school facilities), land use compatibility, and land use need. These issues need to be addressed prior to adoption of the plan amendment. If you, or your staff, have any questions or if we may be of further assistance as you formulate your response to this Report, please contact Scott Rogers, Principal Planner, at (850) 922-1809. n rely yours,t1 es D. StanMr egional Planning Administrator JS/sr Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Ms. Eloise Sahlstrom, Senior Planner, City of Winter Springs Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htto:/Iwww.dca.stale.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway. Suile 212 Marathon. FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee. FL 32399-2100 (850) 488-7956 TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, Florida Statutes, and Rule 9J-11.011, Florida Administrative Code. I Within ten working days of the date of adoption, the City must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy ofthe adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J~11.011(5), F.A.C., please provide a copy of the adopted amendment directly to Mr. Phil Laurien, Executive Director, of the East Central Florida Regional Planning Council. Please be advised that the Florida legislature amended Section 163.3184(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice ofTntent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses of the citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted plan amendment (a sample Information Sheet is attached for your use). DEPARTMENT OF COMl\IUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR +~ ~ 0/>;..cf1> ~ ~ oo-?] o^'. <' f ~A ~" ~ ':>>A V "/1- '1t~ c-V&'.-l' oll'~& q ~II';.: \<) C?o-?]~-}, II'I'J,.G.s- CITY OF \VINTER SPRINGS AMENDMENT 06-1 April 20, 2006 Division of Community Planning Bureau of Local Planning This report is prepared pursuant to Rule 9J-11.01O, F.A.C. OBJECTIO~S, RECOMMENDATIONS AND COMMErltt:C FOR f:'''e CITY OF 'VINTER SPRINGS APR 2 I) AlVIENDMENT 06-1 CiTy ~ 1006 c Ot: I. A ' OIl1Il1 'VIIy'r.:b /Jnlly 0 "Sp", eVe/o "'IyGS Pf1)ent I. CONSISTENCY \VITH CHAPTER 163. PART II. F.S.. AND RULE 9J-S. F.A.C. The City's proposed Amendment 06-1 consists of one amendment to the Future Land Use Map (FLUM) to change aA7.27 acre parcel from Industrial and Conservation Overlay to Medium Density Residential (9 dwelling units per acre) and Conservation Overlay. The Department raises the following objections to proposed Amendment 06,. 1: A. FLUM Amendment 1. Obiection: The FLUM amendment is not supported by a public facilities analysis (including assumptions, data sources, and description of methodologies used) for the five year and long term planning timeframes addressing the following: (1) the amount of sanitary sewer demand generated by the maximum development potential allowed by the FLUM amendment combined with the projected five year and long term community-wide growth (background growth) in demand for sanitary sewer; (2) the available and planned uncommitted capacity of sanitary sewer facilities that would serve the demand; (3) the impact ofthe demand for sanitary sewer on the projected operating level of service and impact on available and planned uncommitted capacity of the facilities; (4) the need for sanitary sewer facilities improvements (scope, timing and cost of improvements) or other planning alternatives to maintain the adopted level of service standards for the facilities; and (5) coordination of any needed improvements or other planning alternatives with the Future Land Use Element, Infrastructure Element, and Capital Improvements Elements, including implementation through the Five-Year Schedule of Capital Improvements. The amendments are not supported by data and analysis demonstrating that the amendments are consistent with the following provisions of the City's Comprehensive Plan: Capital Improvements Element Goal 1, Objective 1.1, and Policies 1.1.1, 1.1.2, 1.1.3, 1.2.1, 1.2.2, and 1.2.3.; FutureLand Use Element Objective 1.3 and Policy 1.2.3; and Infrastructure Element Goal IV-A, Objective IV-A-l, and Policies IV,.A.;1.l, IV-A-1.6, and IV-A-!.5. The FLUM amendment is not supported by a public facilities analysis (including assumptions, data sources, and description of methodologies used) for the five year and long term planning timefrarnes addressing the following: (1) the amount of recreation and open space demand generated by the maximum development potential allowed by the FLUM amJendment combined with the projected five year and long term community-wide growth (background growth) in demand for recreation and open space; (2) the available and planned uncommitted capacity of recreation and open space facilities that would serve the demand; (3) the impact of the demand for recreation and open space facilities on the projected operating level of service and impact on available and planned uncommitted capacity of the facilities; (4) the need for recreation and open space facilities improvements (scope, timing and cost of improvements) or other planning alternatives to maintain the adopted level of service standards for recreation and open space; and (5) coordination of any needed improvements or other planning alternatives with the Future Land Use Element, Recreation and Open Element, and Capital Improvements Elements, including implementation through the Five-Year Schedule of Capital Improvements. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the City's Comprehensive Plan: Capital Improvements Element Goal I , Objective 1.1, and Policies 1.1.1, 1.1.2, 1.1.3, 1.2.1, 1.2.2, and 1.2.3.; and Recreation and Open Space Element Goal I, Objective 1.1, and Policies 1.1.1 and 1.1.2. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.005(2 and 5); 9J-5.006(3)(b)l; 9J-5.006(3)(c); 9J-5.006(4); 9J-5.011(1)(a through f); 9J- 5.011(2)(a); 9J-5.011(2)(b)2;.JJ-5.011(2)(c)1 and 2; 9J-5.016(1)(a); 9J-5.016(2)(b, c, and f); 9J- 5.016(3)(b)l, 3, and 5; 9J-5.016(3)(c)1.d, l.e, I.f, and I.g; 9J-5.016(4)(a); 9J-5.015(3)(b)1 and 2; 9J-5.015(3)(c)1 and 11, F.A.C.; and Sections 163.3177(2,3, and 8); 163.3177(6)(a, c and e); and 163.3177(6)(h)1 and 2, F.S. Recommendation: Revise the amendment to include the required data and analysis necessary to support the FLUM amendment and demonstrate coordination of the land use with the planning and provision of public facilities (sanitary sewer, and recreation and open space), demonstrate coordination among plan elements (Future Land Use Element, Infrastructure Element, Recreation and Open Space Element, and Capital Improvements Element), and demonstrate consistency of the amendment with the Comprehensive Plan goals, objectives and policies. Revise the amendment as necessary to be consistent with and supported by the data and analysis. 2. Obiection: The proposed FLUM amendment increases the residential density on the subject parcel and has the potential to increase the student population for schools. The proposed FLUM amendment is not supported by an analysis for the five year and ten year planning timeframes of the Comprehensive Plan addressing the following: (I) the number of students for each school resulting from the FLUM amendment; (2) the impact ofthe FLUM amendment students on the five year and ten year community-wide projected student enrollments and five year and ten year planned capacity of each school; (3) the need for school facility improvements (scope and timing of school facility improvements) or other planning alternatives to provide capacity to serve the impacts; and (4) coordination of the amendment and school facility improvements with the Seminole County School Board. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the City's Comprehensive Plan: Intergovernmental Coordination Element Goal 1, Objective 1.2, and Policies 1.2.2, 1.2.3, and 1.2.5. The proposed amendment is not consistent with the following requirements: I Rules 9J- 5.005(2 and 5); 9J-5.006(3)(c); 9J-5.006(4); 9J-5.015(3)(b)l; 9J-5.015(3)(c)1 and 12, F.A.C.; and Sections 163.3 I 77(6)(a); and 163.3177(6)(h)1 and 2, F.S. Recommendation: Revise the amendment to include the required data and analysis addressing (1) coordination of the amendment with the School Board; (2) the five year and ten year student impacts to school facilities and the capital improvements or other measures necessary to provide school capacity to serve the anticipated school students, including analysis of additional coordination with the School Board regarding additional school facility improvements that may be needed; and (3) consistency of the amendment with the goals, objectives, and policies of the City of Winter Springs Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the data and analysis. 3. Obiection: The FLUM Amendment is not appropriately supported by data and analysis demonstrating the need for the additional proposed FLUM designation of Medium Density Residential on the FLUM in order to accommodate the City's projected population growth within the planning timeframe of the City's Comprehensive Plan. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the ~ity's Comprehensive Plan: Housing Element Goal 1, Objective 1.1 and Policy 1.1.1; and Future Land Use Element Policy 1.1.5. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.002(8); Rules 9J-5.005(2 and 5); 9J-5.006(1, 2, 3, and 4); 9J-5.006(5); and 9J-5.01O(I, 2, and 3), F.A.C.; and Sections 163.3177(2,6, and 8), F.S. Recommendation: Revise the amendment to include an analysis, based on professionally acceptable methodology and assumptions, demonstrating whether there is a need for the additional acreage of Medium Density Residential use on the FLUM in order to accommodate the City's projected population growth within the planning timeframe of the City's Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the analysis. 4. Land Use Compatibility: The proposed amendment is not appropriately supported by data and analysis demonstrating the proposed designation of Medium Density Residential is compatible with the existing and planned future industrial land uses located in the surrounding area where the industrial land uses may potentially affect (adversely impact) Medium Density Residential land use on the amendment parcel. The proposed amendment is not appropriately supported by data and analysis demonstrating the amendment is consistent with the land use compatibility goals, objectives and policies of the City's Comprehensive Plan (Future Land Use Element Objective 1.5 and Policies 1.5.1, 1.5.6, 1.5.7and 1.5.8; and Housing Element Objective 2.2 and Policy 2.2.7. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.002(8); Rules 9J-5.005(2 and 5); 9J-5.006(1, 2, 3, and 4); F.A.C.; and Sections 163.3177(2,6, and 8), F.S. Recommendation: Revise the amendment to include an analysis demonstrating that the proposed Medium Density Residential land use is compatible with the existing and planned future industrial land uses located in the surrounding area, and demonstrate that the amendment is consistent with the land use compatibility provisions of the City's Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the analysis. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN Objection: The proposed Comprehensive Plan Amendment 06-1 is not consistent with and does not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida Statutes) for the reasons noted in the objections raised above in Section I: (a) Goal9.a (Natural Systems and Recreational Lands); Policy 9.b.11; (b) Goal 15.a (Land Use); Policy 15.b.1; (c) Goal 16.a (Urban and Downtown Revitalization); Policy 16.b.8 (d) Goal 17.a (public Facilities); Policy 17.b.7; and (e) Goal 25.a (Plan Implemen,tation); Policy 25.b.7. """:;. Recommendation: Revise the plan amendment as recommended for the objections raised above. e . ..-' -~ ,-, o~ ~ID& Florida Departlllent of Trallsportation ,J f.I3 lIlSI1 GO\ER\OR Intermodai S'/stems Development 133 South SS:'Y",oran Bc~/evard Orland:), FL 32807-3230 DE\\'ER .1. STlTLER. .JR. SECRETAR Y Mr. Ray Eubanks, Community Program Administrator Department of Community Affairs, State of Florida Plan Review & DRJ Processing Section 2555 Shumard Oaks Boulevard Tallahassee, FL 32399-2100 ~ ~- g1-~~ %~o'" ~ ~~, ~~ Sf ~ 'a 1-", d ~ ~~~ ~ ;;A ~~ ~ V \~ ~ 1-.... ".- "\II March 22, 2006 SUBJECT: LOCAL GOVERNMENT: DCA#: PROPOSED COMPREHENSIVE PLAN AMENDMENTS WINTER SPRINGS 06-1 Dear Mr. Eubanks: The Department of Transportation has completed its review of the above proposed comprehensive plan amendments as requested in your memorandum dated, February 23, 2006. We appreciate the opportunity to participate in this review process and we offer our comments with this Jetter. If further information is received from the local govemment prior to the issuance of the ORC Report, the Department will revise the comments. If you have any questions. please contact me at 407-482-7856 (Suncom: 335-7856) or e-mail me at betty,mckee1i)dot.state,fl.us. Sincerely, ~ (vk~ Betty McKee Systems Planner BMcK attachment cc: Rob Magee, FOOT -C/O Eloise Sahlstrom, Winter Springs James Stansbury, DCA Tony Walter, Seminole County File: J: IGrowth Managerr.enl'.comprehensive PlanslCommentsandCoverLetlerslSeminde CoI'MnterSplings06-1 CoverLene~321 OS.doc , e e '. Florida Department ofTransportation Intermodal Systems Development Technical Applications Section Page 1 of 1 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Today's Date: March 22. 2006 It~ 4A <:'~/~ Cll).. ~ ~ ~^ COIq~~ 11.?, 'I <a .., Ct/)'i '\r)'-~ ~6' ryO(!}v.~ oS',o 610.0 fi'/ i\( "/J]s,GoS' ~, Local Government: Wnter Springs (Seminole County) DCA Amendment #: 06-1 Review Comments Deadline: February 23,2006 March 23, 2006 Date of DCA's Request Memo: ELEMENT: RULE REFERENCE: Future Land Use Element: FLUM Amendments 9J-5.006 Future Land Use Element 9J-5.019 Transportation Element 9J-11.006 Submittal Requirements 9J-11.007 Data and Analysis Requirements BACKGROUND INFORMATION: LS-CPA-G6-01 47.27 acres; current future land use: Industrial (.05 FAR); proposed Mure land use: Medium Density Residential (9 dwelling units per acre) REVIEW COMMENTS! RECOMMENDA TlONS: 1,029,541 square feet of industrial uses could be developed under the current future land use designation, which translates to 7,176 average daily trips and 1,309 PM peak hour trips (lTE 110). 425 dwelling units could be developed under the proposed future land use designation, which translates to 3,936 average daily trips and 394 PM peak hour trips (ITE 210). The difference betWeen the scenarios represents a potential decrease of 3,240 daily trips and 915 PM peak hour trips. Land Use I Maximum Allowed Average Daily PM Peak Hour Trips Develooment Trios Current Designation Industrial I 1,029,541 sq. ft. 7,176 1.309 I I Proposed Medium Density I 425 dwelling units 3.936 394 Oesianation Residential Net Trios I -3240 -915 Based on FOOT calculations. this amendment would result in a decrease in daily trips. Therefore. FOOT has no comments on this amendment. FOOT Contact: Betty McKee, Systems Planner FOOT Telephone: 407-482-7856 (Suncom: 335-7856) Fax: 407-275-4188 E-mail: bettvmckee(a')dotstatefl, L:S File: J: \Growth ManagementIComprehensive Plans\CoovnentsandCovert..ettef'SlSeminole Co\WinterSprtngs06-1 Comments0321 06.doc e FLORIDA DEPART!\.'fENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES 00 S5 3!13/o~ Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tal1ahassee, Florida 32399-2100 't~~ 4A ~/~ 011'1-'. ~ < ~^ C~Ok ~ II' " ~1I1l Vv,1y7', elQ}' 'I). ~Ii> u 0$ ,s,() Ito/o,o ~11v. ~$, G,s ''It March 8, 2006 Re: Historic Preservation Review of the Winter Springs (06-1) Comprehensive Plan Amendment Request Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we reviewed the above document to determine if data regarding historic resources have been given sufficient consideration in the request to amend the Winter Springs Comprehensive Plan. We reviewed one proposed amendment to the Future Land Use Map to consider the potential effects of this action on historic resources. Although this tract does not contain any sites listed in the Florida Master Site File or the National Register of Historic Places, it remains the city's responsibility to ensure that potential1y significant historic resources will not be adversely affected by this action. This parcel appears to have at least moderate archaeological site probability. The most effective way to guarantee that such sites are not damaged is for the city to sponsor or require historic resource surveys so that it can ensure its archaeological resources and historic structures fifty years of age or older will be considered when substantive changes in land use are proposed. If you have any questions regarding our comments, please feel free to contact Susan M. Harp of the Division's Compliance Review staff at (850) 245-6333. Sincerely, ~1l. .q ~ '..D.. Frederick P. Gaske, Director Xc: Mr. James Stansbury 500 S. Bronough Street. Tallahassee, FL 32399-0250 . http://www.fiheritage.com o Director's Office (850) 245-6300 · FAX: 245-6436 o Archaeological Research (850) 245-6444 . FAX: 245-6452 ./ Historic Preservation (850) 245-6333. FAX: 245-6-137 o Historical Museums (850) 245-6400 · FAX: 245-6-133 a Southeast Regional Office (Q"-1\ JJ;7-o1QQ(l . J:; A y. .1J',7JQ01 o Northeast Regional Office 10fU\ Sl?"-.c;(U::; . J:; A y. Sl?"-.c;(\ll o Central Florida Regional Office 1111 "l.\ ?7?_"-lU'l . J:; A y. ?7"?_?'Un East Central Florida REGIONAL PLANNING COUNCIL Chairman Welton G. Cadwell Commissioner Ls.ke Ce""::1ty Vice Chairman Jon B. Ra'"lson Governor's Appointee :Jr.::::.qo::: C::'lJnty' Secretary/Treasure r Michael S. Blake Commissioner ~:~-:~11nt~. L~~]'~~ ~ =- r: i --= :. .::; :3 ',.; ~ .:"". ': .:; r .::=::- i r~ 1"; .5 Executive Director Sandra S. Glenn SC/Tin:: /:re' run I, LUhc, ()rulI,'.:c. (hccolu, .\t..'ln/notu (/lId r.()/l/.\'iu ( 'orllllie'S, :. ~:.. :;. ~.!:: -;~. -: :- ~ F. -: ) j :: '_: i t c: ~') I) :':';.:'~::i:1rj, :l0ri:~3. ~ '1 - = . ...I L. __ Phc~.=: -i'~;:. 62; .1()7S ~~X ~07.~:3.1CS4 .:'''::-.:'Jffi ::::~-lOiS ~'jnc':,::-. caz 334.l~;4 :';ebs i:~: "..:',,:'..:. ec f r;c. 01:;; e_ TO: FROM: DATE: SUBJECT: e_ oCr? y 31H!O(P MEMORANDUM ~~ ~ C} ~~ ~~ O~Ok <', ~ D. Ray Eubanks, FDCA, Community progra~~m~~to;() James Stansbury, FDCA ()$~"?<5'" ~ lS'/. ~'" C?o . "'1: '?J$"t <>'<5' Jeffrey A. Jones Monday, March 13, 2006 Comprehensive Plan Amendment Review LOCAL GOVERNMENT: Winter Springs LOCAL AMENDMENT #: DCA AMENDMENT #: LS-CPA-06-1 06-1 Council staff has completed a technical review of the above referenced comprehensive plan amendment. The review was conducted in accordance with the provisions of the East Central Florida Regional Planning Council's current contract with the Florida Department of Community Affairs for Plan and Plan Amendment Reviews. We have not identified any significant and adverse effects on regional resources or facilities, nor have any extra-jurisdictional impacts been identified that would adversely effect the ability of neighboring jurisdictions to implement their comprehensive plans. The East Central Florida Regional Planning Council is available to assist in the resolution of any issues that should arise in the course of your review. If you should have any questions, please contact me at Sun Com 334-1075 X316. Thank you. cc: Local Government Contact: Eloise Sahlstrom, Senior Planner File .' ":r1'O" ~r.r. "":' ,..;:;;~\. ,r,~I.~1 'l_ft;,~~f~ ~""~ X~.' '" ' ~~~~;. ~~ .A-":'" j~1"" ~ '1; ~. FlORIDA.:..:.7 .' . e Department of Environmental Protection - 1 r - --- i . Ma~ory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Colleen M, Castille Secretary L Jeb Bush Governor March 17, 2006 It~c-~ f) G Y c,,,. 4fJ~ < ~ l,,~O 3/J-t!CJ~ cOtr,~/': ~ 1006 I.tf)/fy tv'r~ oeV.1Y Sf> elo.o t?llvG tr,SIJ/ oS Mr. Ray Eubanks Florida Department of Community Affairs Plan Review and DR! Processing Team 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Winter Springs 06-1, Comprehensive Plan Amendment Review Dear Mr. Eubanks: On behalf of the Department of Environmental Protection, the Office of Intergovernmen- tal Programs has reviewed the proposed comprehensive plan amendment in accordance with the provisions of Chapter 163, Florida Statutes. As required by law, the scope of our comments and recommendations is limited to the environmental suitability of the proposed changes in light of the Department's regulatory and proprietary responsibilities. Based on our review of the pro- posed amendment, the Department has found no provision that requires comment, recommenda- tion or objection under the laws that form the basis of the Department's jurisdiction and author- ity. I f the amendment pertains to changes in the future land use map or supporting text, please be advised that at such time as specific lands are proposed for development, the Department will review the proposal to ensure compliance ,\ith environmental rules and regulations in effect at the time such action is proposed. Thank you for the opportunity to comment on this proposal. If I may be of further assistance, please call me at (850) 245-2187. Sincerely, DEe Lori Cox Office of Intergovernmental Programs flee e __ St. Johns River Water Management District Kirby B. Green III, Executive Director. David W. Fisk, Assistant Executive Director 4049 Reid Street · P.O. Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500 On the Internet at www.sjrwmd.com. OroJ~b c ..t/,b.l) ~,. - ll} ". ~ V'A-. ch o~ ~ L ~^ l?,~ '% )f d '-' (,1}/1. ~)-(: 1706' o~ Ii>.s- j..~ ~ ~90 ~J\.: 0(\l G,<, '/)/ \J March 27, 2006 D. Ray Eubanks, Administrator Plan Review and Processing Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Subject: City of Winter Springs Proposed Comprehensive Plan Amendment /. DCA Amendment #06-1 ., (L:;:" ,.... J Dear Mr. Eubanks: St. Johns River Water Management District (District) planning staff have reviewed the above- referenced proposed comprehensive plan amendment. The proposed amendment consists of one change to the City of Winter Springs' future land use map. The District staff review focuses on water supply availability and related water resource issues in an effort to link land use planning and water supply planning. District staff have no comments because no substantial water supply availability or related water resource issues were identified. We appreciate the opportunity to provide comments. If you have any questions, please contact District Policy Analyst Peter Brown at (386) 329-43111Suncom 860-4311 or pbrowll@sjnvmd.com. Sincerely, '~,' ~ J I ( I ' \ L \..,\.l -~Jj ~. \,,\ ('-4.--- '~ Linda Burnette, Director Office of Communications and Governmental Affairs LBIPB cc: Eloise Sahlstrom, City of Winter Springs Jeff Jones, ECFRPC Jim Quinn, FDEP Nancy Christman, SJRWMD Jeff Cole, SJRWMD Peter Brown, SJRW~1D GOVERNING BOARD David Q, Graham, CHAIRWN JACKSOlNlLLE ~~r.n G. Sowinski, VICE CHAiRMM. ORLANDO Ann T. Moore, SECRETARY BUNNELL . Duane L. Ottenstroer. TREASURER" JACKSONVillE Williom W KF'rr Omemas D. Lonq W. Leonard WoOO ---- .--- . " ~~\ ~~~ '\~\~\~~ RICHARD H. MORETTI 1996 OVERSEAS HIGHWAY, G41 MARATHON, FLORIDA 33050 (305) 393-1688 Honorable Valerie Hubbard Director, Division of Community Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 o f(; 55} I ^ ~ It3 O~ ~~ '3 4A :tt/~ 0/7). ~ l ~C 00", o~ 11? ~ <Oil 'I>1vlI/ty 'Iv?-12 '6 ol;> '" <5',0 l--&fo.o ~/~ '117& G~ '1]/ VIA HAND DELIVERY March 8, 2006 RE: Winter Springs 06-1 Dear Ms. Hubbard: Pursuant to Section 163.3184(4), Florida Statutes (2005), I am providing comments on the City of Winter Springs' proposed comprehensive plan amendment sent to the Department on or about February 20, 2006. I own property immediately adjacent to the property that is the subject of the proposed future land use map amendment, and I spoke in opposition to the transmittal during the City Commission's transmittal hearing. I also retained an attorney, Ross Stafford Burnaman, to make written and verbal presentations during those proceedings. I understand that the City's transmittal package did not contain Mr. Burnaman's comment letter dated February 6, 2006 (copy enclosed), and did not contain a large aerial photograph of the area that showed my property, the subject property, and adjacent properties. I request that you consider both of Mr. Burnaman's letters along with this letter stating objections to the City's proposed amendment. The Department should object to the proposed amendment pursuant to Section 163.3184(6), Florida Statutes (2005). Ii jj ~lease prov~de .. .i~ a copy of the DepartaaDt's objcc~ions, recDmmandatiofts and com-ant. XQport on the City's transaitta1. I would. a1so request 'that you provi.de me with a copy of the Department's Notice of Intent, .hc~d the City d.ecide to go forward with 'the adoption of an amendment. Thank you for your consideration. Sincere1y, Richard "1U.cl\i~:,~~t:ti;Jl'" .' / // / //j II ~./// Encl. ./" r; I II t. , cc: 3~s Stansbury (wfencl) ~ II " / / // ( ROSS STAFFORD BURNAMAN Attorney at Law 1018 Holland Drive Tallahassee, Florida 32301 rossburnaman@earthlink.net (850) 942-1474 February 6, 2006 Honorable John F. Bush, Mayor City of Winter Springs City Commission 1126 East State Road 434 Winter Springs, Florida 32708 RE: Objection to Proposed Ordinance 2005-29 Large-scale Future Land Use Map Amendments Dear Mayor Bush and Commissioners: By letter dated January 18, 2006, Attorney Rebecca Furman wrote to you on behalf of her client, Keewin Real Property Company ("KRPC"). Her letter takes exception with comments that I made to you on behalf of Mr. Richie Moretti and Richard Moretti, LLC (collectively "Moretti"). As you will recall, I wrote to you on December 30, 2005 regarding a proposed large-scale future land use map (FLUM) amendment application. The "KRPC" FLUM application was postponed from the City Commission's January 23, 2006 agenda (Item 201). The matter had previously been postponed from the November 1, 2005 agenda (Item 400) . This letter augments and clarifies the Moretti objections, to KRPC's FLUM amendment application and responds to Ms. Furman's letter. Moretti's Property In 1979, Moretti acquired property within the City (and adjacent unincorporated Seminole County) based upon assurances that the property could be used for an automobile paint and body shop and wrecking yard. On October 11, 1979, Moretti appeared before the City's Board of Adjustment for a variance to expand that business into the City. The variance was granted. The Board granted an extension of this "special exception" on April 10, 1980. / / / /" I ~ / '" J / Moretti broke ground for the expansion of his business, Ritchie's Economy Cars, on the City property in September 1980, and thereafter built a 10,000 square foot building and began to recondition Volkswagens. The business continued for about ten years, and thereafter Moretti leased it for the manufacture of sheds, and manufacture and sale of gazebos. Presently, Moretti's property is designed in the City's Comprehensive Plan ("Plan") as "Industrial." The present zoning is "C-2" - "General Commercial." In July 2002, the City adopted Ordinance 2002-07 that created a new zoning classification "1-1" "Light Industrial." The Ordinance eliminated the industrial uses in the former C-2 zone, and included them within the new 1- 1 district. Staff was directed to begin the administrative rezoning process to implement the new 1-1 zoning. After considerable discussion and delay in implementing Ordinance 2002-07 administrative rezonings, the City adopted two ordinances. First, Ordinance 2004-02 was adopted on February 9, 2004, to create another new zoning classification known as "CC - Commerce Center" intended to address the vicinity of Belle Avenue. Second, Ordinance 2004-28 was adopted on July 12, 2004 to create another new zoning classification known as "C-3 Highway 17-92 Commercial" intended to address the vicinity of Highway 17- 92. As for consistency with the City's Plan, the 1-1 zone was appropriate for lands designated "Industrial" on the FLUM, whereas the C-3 zone was appropriate for lands designated "Commercial" of the FLUM. In August, 2004, City staff began an effort to change the FLUM designation for several parcels along Highway 17-92, including Moretti's, property owned by State ST Bank and Trust Co. of CT, TR, (7-11 convenience store and gas station); property owned by Dittmer Properties, Inc. (Superior Sheds); and property owned by RCJ of Winter Park No.2, Ltd. (Holler Kia - Mitsubishi Dealership. The parcels were clustered into two nodes, one at the intersection of Shepard Road and Highway 17-92, and another south of Boat Lake. At that time, there was no discussion of the change from "Industrial" to "Medium Density Residential" for the subject parcels to the east. Wisely, ---- /' / " , .J r I you declined to adopt Ordinance 2004-36 at the October 25 , 2004, city Commission meeting. City Manager McLemore stated: "We need to withdraw it at this point in time and bring it back to you at a later date." To date, the City staff has not contacted Moretti about subsequent consideration to change the FLUM designation on his property, nor has the City initiated an administrative rezoning of his property from C-2 to I-1. Ms. Furman letter states that the proposed FLUM amendment "does not change the rights of adjacent or surrounding property owners." While that is true in a narrow, legal sense, one purpose of the City's Comprehensive Plan (Plan) is to ensure that uses are compatible. A major purpose of the City's Plan is to ensure that all residents and property owners in the community benefit from properly planned growth and mitigation of impacts on public facilities and services. Buffering and Development Agreement Ms. Furman's letter is replete with references to references to "appropriate buffers" which she states will include "a berm, wall and heavy landscaping." She states in part: "Regardless, we have agreed to a buffer including a berm, a wall and enhanced landscaping to be approved by the City Commission at the time of rezoning." As to the POO, Ms. Furman's letter states in part: "[i]t is questionable whether the property still has entitlements to develop with office, commercial, and industrial uses under the POO since those approvals may have expired. II The City Staff states liThe 1984 POO Master Plan and Preliminary Site Plan for the property has expired and is no longer valid." (Page 15). Under the City's POO regulations (adopted in 1987), lIan approved planned unit development shall be considered as a separate zoning district in which the final development plan, as approved, established the restrictions, regulations, and district description according to which development shall occur. II City Code Section 20-360. If Ms. Furman's client is contemplating a rezoning of the subject property, as suggested in her letter, then the validity of the POO would seem to bear on the existing zoning classification(s). The City's staff indicates that the PUD was last amended by Ordinance 436 on October 20, 1988, and indicates that the current zoning is IIpoo" / / (' II " (subject to uncertainty about parcel "F" and Ordinance 436) . I offer no opinion as to the legal status of the PUD, or the underlying PUD zoning on the subject property. Arguably, the City Commission should have a full understanding of this issue in considering KRPC's FLUM amendment application. It is my understanding that the City should take action on KRPC's FLUM amendment application, and comments by City staff and members of the public. It is my opinion that the City should not take action on KRPC's application based upon phantom agreements between KRPC and the City. While the Florida Local Government Development Agreement Act, Sections 163.3220, et seq., Florida Statutes (2005) authorizes the City to enter into a development agreement; such authority is subject to a number of statutory requirements. For example, before entering into such an agreement, newspaper notice is required and two public hearings are required. Section 163.3225, Florida Statutes (2005) . Moretti is not aware of any such notice or hearings, and I have not been able to find any development agreement between Ms. Furman's client and the City regarding the property subject to the proposed FLUM amendment. The City Staff reports "no development agreement is known to exist for the subject property." (Page 15). Absent such an agreement, I am not aware how the City and KRPC could enter into a binding contract for such buffers. Likewise, I am not aware of how KRPC has agreed to "make certain improvements to the Wildwood community to make it safer and more aesthetically pleasing." History of Future Land Use For Subject Property My understanding of the 1979 planned unit development (PUD) (the Wildwood PUD) is that it included residential development both east and west of the Florida Power Corporation (FPC) power line easement, and south of Shepard Road. Single-family development was anticipated on the eastern portion of the PUD, and multi-family on the western portion. In 1982, Mr. Walter Dittmer and National Homes, / (- -- , . . Inc. sought to change the northwestern corner of the POD on Sheppard Avenue from Neighborhood Services to Industrial. Later in 1982, Mr. Walter Dittmer and National Homes, Inc. sought to amend the Wildwood POD to change the multi-family to an office park/industrial park. The matter was postponed until January 1983. Mr. Walt Dittmer and National Homes, Inc. sought to amend the PUD the Wildwood PUD (and change the name to the Winter Springs Commerce Center), Mr. Dittmer testimony was recorded in the January 19, 1983 Planning and Zoning Minutes as follows: Mr. Dittmer's reasons for finding this land unsuitable for residential development are that no natural or legal buffers existing on the 17-92 side (sic), which means abutting commercial development; there is property abutting here that is County, where the City has no control; no utilities (water/sewer) are presently available if it was to be developed as residential, whereas light industrial might have septic tanks; and the high density of multi-family would increase crime, in his opinion. The residents of the area were concerned about increased noise and truck traffic. The Planning and Zoning Committee recommended against the change. At the March 8, 1993, City Commission meeting, the request to change the PUD was denied. The Planning and Zoning Board considered the request again on April 11, 1984, and voted to approve it subject to conditions, including a 6-foot high fence to buffer residences. According to Ms. Furman's letter and the City staff, the POD was amended in 1984 to include a tiered office park concept with a mix of industrial, commercial and office uses. The City staff indicates that the POD was last amended by Ordinance 436, in 1988. (Presumably, the staff meant to refer to Amended Ordinance 436). Notwithstanding whatever development rights existed under the amended POD, the City's Comprehensive Plan was subsequently enacted under the 1985 landmark planning legislation, Chapter 163, Part II, Florida Statutes, often known as the "Growth Management Act." Pursuant to this mandate, the City enacted a Comprehensive Plan on April 27, 1992 by Ordinance 513. The 1992 Plan included property west and south of the power line easement as "Industrial" extending to the south to Florida Avenue. / ( " . . In addition the parcel at the southeast corner of Highway 17-92 and Shepard Road was designated "Industrial." The power line easement was designated as "Utility Installations." The 1992 Plan did not take effect, however, since it was found "not in compliance" by the Department of Community Affairs (DCA). In order to resolve the dispute with DCA over the 1992 Plan, the City adopted a remedial Plan by Ordinance 539. DCA approved that remedial 1993 Plan on March 4, 1993, and it therefore became effective. Later in 1993, the City annexed the land to the north of Shepard Road across from the PUD and designed it as "Industrial." The 1985 Act also mandated that every seven years, each local government conduct an Evaluation and Appraisal Report (EAR) process. Section 163.3191, Florida Statutes (2005). The City adopted an EAR in 2001. The 2001 EAR listed FLUM amendments since the 1993 Plan. None of the FLUM changes added more industrial land; however, through the annexation process, 14.13 acres were added in the "Industrial" land use. According to the EAR, as of 1996, 116 acres in the City were "Industrial" out of a total 8,993 acres (1%). As anticipated by the Act, the City adopted EAR-based Plan amendments on May 13, 2002. Ordinance 2001-55. These amendments were found "in compliance" by the Department of Community Affairs on July 3, 2002. The City's next EAR is due to be adopted by May 1, 2008. Thus, based upon a comprehensive planning effort, coordinated with State and regional agencies and adjacent local governments, the subject property has been planned for industrial use since at least the early 1990's. After an evaluation and appraisal process in 2001, the subject property remained in the Industrial future land use category. Notwithstanding Ms. Furman's criticisms of my December 30, 2005, letter, I remain of the view that the proposed FLUM change represents "opportunism rather than planning" with regard to the subject property, and with regard to the surrounding areas. The City should take note that two areas are excluded from the FLUM amendment (Area 1 and Area 2), which are located along Shepard Avenue on each side of the anticipated access from the subject property to Shepard Road. These parcels // ( . It would remain "Industrial" but it would anticipate that a later FLUM amendment to change them to "Commercial." be reasonable to would be submitted Since my letter, Ms. Furman states that KRPC has reached an agreement to purchase the "Elsea property" which she indicates is "to be incorporated into the proposed townhouse development in the future." The Elsea property is presently a 1950's era single-family homestead. This simply confir;ms my view that the pending application is premature and is not the result of good comprehensive planning. Comprehensive Plan Inconsistency 1. Compatibility. FLUE Objective 1.5 and Policies 1.5.1 and 1.5.10. Ms. Fur;man states that "Appropriately buffered medium density residential is compatible with industrial and commercial land uses." The City Staff states, in part (page 11) : However, the change could result in incompatibility between the proposed "Medium Density Residential" use and "Industrial" uses to the south and west (along us 17-92), both existing and future. Additionally, approval of the requested change in the land use of the seven (7) parcels will leave three (3) parcels to the south (which also have an "industrial" land use and that are not part of this application) as an industrial enclave. Moreover, in enacting Ordinance 2002-07 (creating the 1-1 zone), the City found that: "current C-2 zoning ... does not provide adequate safeguards to protect against introducing incompatible land uses which may impact adjacent or surrounding land uses; and makes it very difficult to create a system of transitional commercial and industrial zoning districts throughout the City...." Likewise, in enacting Ordinance 2004-28 (creating the C-3 zone and amending the C-1, C-2 and 1-1 zoning regulations) , the City found: "the current 1-1, C-1 and C-2 zoning schemes do not provide adequate safeguards to protect against introducing incompatible land uses which may impact adjacent or surrounding land uses and may make it difficult ~'-- ( , . . to create a system of transitional commercial and industrial zoning districts throughout the City." So, according to the City's zoning ordinances, residential land uses may be compatible with ~ types of commercial and industrial development. FLUE Policy 1.5.1 provides that: Inconsistencies. Proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City. Compatibility issues concerning the residential development on the eastern portions of the Wildwood (Winter Springs Commerce Center) PUD and commercial or industrial development on the western portions of the PUD have been considered by the City since the early-1980's. Ultimately, the City has resolved these issues, in part, by approving a preliminary plan for Phase I, on April 24, 1984 (Attachment A to Staff Memorandum). The plan shows a transition (from residential development to the west) with "Garden Office" within the power line easement and extending to the west, with "Light Industrial" to the west of the "Garden Office" along with "Office/Warehouse" to the west and south of the "Garden Office." As noted previously, the 1994 Plan contemplated that most of the moderate density residential within the PUD would be buffered from the industrial land use along Highway 17-92 by the power line easement, which was designated "Utility Installation." At some point, part of the easement was changed to "Industrial" and part to "Medium Density Residential." Moreover, planning should be informed by reality. The status of the PUD development approves needs to be resolved in order to ascertain how the property can be developed, and what transition is contemplated between the mix of uses contemplated in the 1984 PUD plan. The reality is that several businesses along Highway 17-92 are presently classified as "Industrial" and are being used for those purposes: Dittmer ~uminum Fabrication (north of Shepard Avenue); Moretti Automotive; Apex Transmission; and Superior Sheds, Inc., and automotive body shops. / I ( r . . 2. Need. The "Industrial" land use category includes both light and heavy industrial uses. Industrial lands are located predominately in the north and west part of the City along SR 419, the abandoned railroad, and US 17/92. The Plan indicates a need for an additional 105 acres of Industrial land to meet the 2010 demand. While the "Mixed Use" category allows light industrial uses, it does so as part of a PUD rezoning process. On the other hand, the "Town Center" and "Greenway Interchange" FLUM categories do ~ contemplate industrial uses. (Plan, FLUE I-4) . FLUE Policy 1.1.5 ("Housing Diversity") requires the FLUM to contain an adequate diversity of lands for residential uses to meet the demands identified in the Plan's Housing Element. The Plan's Housing Element considered "Land Requirements and Availability for Projected Housing Needs." (Plan, Housing Element, III-14 - III-15). This analysis considered possible residential development in the Mixed-Use, Greenway Interchange and Town Center FLOM categories. The analysis concludes (III-15): As the table shows, the City will be able to accommodate approximately 3,439 additional units, for a total of 15,745 (12,306 plus 3,439) residential units by 2010.... Therefore, it can be safely assumed that the Future Land Use Map shows adequate supply of land to satisfy the housing needs of the future population of Winter Springs. Accordingly, Ms. Furman's letter is not accurate as to the ability of other land use categories to meet the demand for industrial lands, only the "Industrial" FLOM category allows for "heavy" industrial uses (such as automobile reconditioning, and shed/gazebO manufacture), and the proposed change in land use would deplete the City's inventory of "Industrial" lands for which the Plan recognizes a substantial need. As noted by City Staff: "Whereas, residential property is able to locate in most parts of the City, industrial property cannot." (Page 7). The KRPC has not demonstrated the need for additional "Medium Density Residential" lands to the exclusion of "Industrial" lands. e . 3. Level of Service - Transportation As noted by the City Staff, FLUE Policy 1.6.4 states: "The City shall prohibit proposed land use amendments which are anticipated to reduce the LOS for transportation facilities below the standard." The City Staff report states: "A traffic study will be required during the final engineering phase. The results of that study will determine further compliance measures, if needed." (Pages 14-15). The applicant has not met the burden of demonstrating compliance with FLUE Policy 1.6.4. By letter dated October 19, 2005, Mr. David Evans of Evans Engineering provided IIsummary" traffic projections. Mr. Evans' letter cites to the "ITE." That is a reference to the Institute for Traffic Engineers. The City staff cited to the appropriate ITE source, the Trip Generation Handbook, 7th ed. ("TGH") (page 8). The City Staff report agreed with Mr. Evans' assumptions as to the development scenarios. For industrial, 850,000 square feet maximum; and for townhouses, 334 units. The TGH provides different trip generation rates for different types of development. There are at several types of industrial uses in the TGH: general light (110), general heavy (120), industrial park (130), etc. Evans used the 6.96 trips per gross square foot for "industrial park." Staff used the 6.97 trips per gross square foot (and 51.80 trips per acre) for "general light industrial," The TGH provides: 1000 SQ FT. ACRE General Light Industrial General Heavy Industrial Industrial Park 6.97 1.50 6.96 51. 80 6.75 63.11 Accordingly, using the 850,000 square foot figure cited by Evans and Staff, the range of trips per day ranges from 1,275 trips per day to 5,924.5 trips per day. Since the square footage of development is unknown, the acreage figure may be considered. The range is from 319 trips per day to 2,983 trips per day. As for residential development, Evans and Staff assumed that only 334 townhouses would be developed. However, the maximum density for "Medium Density Residential" is 9 units per acre. e . Absent a development agreement, the City should evaluate the maximum number of units allowed by the FLUM category. A fair comparison would evaluate the maximum number of units allowed for both types of uses, industrial and medium density residential. The maximum number of units is (9 x 47.27 acres) 425 units, instead of 334. Using the TGH for residential townhouse/condominium (230) yields (5.86 trips per day x 425 units) 2,490 trips per day. The summary analysis submitted, as supplemented by the City staff, and considering the Trip Generation Handbook, 7th edition, does not yield a conclusive result that the FLUM amendment would reduce traffic impacts. In fact, if one assumes that "light industry" were to be developed on the 47.27 acres, 2,449 trips per day would be generated, compared to 2,490 for the residential townhouse/condominium. In any event, it is unclear whether or not the FLUM amendment would reduce the LOS on Florida Avenue. The City Staff indicates in part: "Florida Avenue is a paved local County road and may require upgrading to support an increase in traffic." (Page 9). As for US 17-92, the segment from Shepard Avenue to SR 434 is operating at LOS F. According to the FLUM application, "vehicle access to Shepard Road will be offset by the proximity to 17-92." Adding additional trips to US 17-92 will certainty degrade the LOS beyond that adopted by the Florida Department of Transportation for the segment from Shepard Avenue to SR 434. 4. Recreation and Open Space The FLUM application does not address the adequacy of recreational facilities, nor the impact that the FLUM amendment would have on the LOS for recreational facilities. Both of these issues are required to be addressed in the FLUM amendment application. The City Staff correctly indicates that there are "no public or open space parcels adjacent to the area...." e . ( Recreation and Open Space ("ROS") Objective 1.1 "Level of Service for Parks" requires the City to use level of service standards for parks and other criteria specific to population, park size and location. ROS Policy 1.1.1 sets the overall LOS for "overall parkland" (5 acres/1000 residents) and for "community and neighborhood parks" 5 acres/1000 residents). The City has a deficit of parklands for "active" parks. (Plan, ROS Table VI-6) . ROS Policy 1.1.2 sets criteria for the type and location of parklands. At present, there are no "neighborhood park" lands within ~ of a mile from the site, and there are no "mini park" lands within a six-block radius of the site. This is shown on the "Park Service Area" map in the ROS Element (Map VI-3). Map VI-4 depicts "Target Areas for New Parks" and target area number one depicts the subject property. without elaboration, the Staff Report states "the subject property will be required to provide recreational amenities on site, if the property is developed as residential townhouses...." (Page 10). The March 2005 "Conceptual Plan No.3" submitted with the KRPC FLUM application does not depict any recreational amenities on site. However, the "Community Meeting" "factsheet" distributed by Ms. Furman on January 30, 2006 represents that there would be a "jogging trail, pool, fitness course, cabana/clubhouse, gazebo and lakeside park, tot lot, pet park and barbeque and picnic area." Ironically, the "factsheet" lists as a fact "preservation of boat lake" when, in fact, KRPC plans to use the lake as a stormwater receiving area. Dumping polluted stormwater into a natural lake hardly qualifies as "preservation." Conclusion Rather than approve this legally insufficient request for a large-scale FLUM amendment for transmittal to the various State and regional agencies for review, the City should deny the request and maintain the status quo for these properties. The applicant has not met its burden to demonstrate that a FLUM amendment is warranted. If the existing PUD is not economically viable, then the landowner should consider a r e e ( revised PUD instead of an abandonment of the partially developed PUD and speculative townhouse development. Thank you for your consideration. Please provide me with notice of the City Commission's action on this item. Sincerely, ~~-~ - Ross Stafford Burnaman Attorney at Law Fla. Bar No. 397784 cc: Eloise M. Sahlstrom, Senior Planner OBJECTIONS, RECOMMENDATIONS AND COMMENTS FOR CITY OF WINTER SPRINGS AMENDMENT 06-1 I. CONSISTENCY WITH CHAPTER 163, PART II, F.S., AND RULES 9J-5, F.A.C. The City's proposed Amendment 06-1 consists of one amendment to the Future Land Use Map (FLUM) to change a 47.27 acre parcel from Industrial and Conservation Overlay to Medium Density Residential (9 dwelling units per acre) and Conservation Overlay. The Department raises the following obiections to proposed Amendment 06-1: A. FLUM Amendment 1. Obiection: The FLUM amendment is not supported by a public facilities analysis (including assumptions, data sources, and description of methodologies used) for the five year and long term planning timeframes addressing the following: (1) the amount of sanitary sewer demand generated by the maximum development potential allowed by the FLUM amendment combined with the projected five year and long term community-wide growth (background growth) in demand for sanitary sewer; (2) the available and planned uncommitted capacity of sanitary sewer facilities that would serve the demand; (3) the impact of the demand for sanitary sewer on the projected operating level of service and impact on available and planned uncommitted capacity of the facilities; (4) the need for sanitary sewer facilities improvements (scope, timing and cost of improvements) or other planning alternatives to maintain the adopted level of service standards for the facilities; and (5) coordination of any needed improvements or other planning alternatives with the Future Land Use Element, Infrastructure Element, and Capital Improvements Elements, including implementation through the Five-Year Schedule of Capital improvements. The amendments are not supported by data and analysis demonstrating that the amendments are consistent with the following provisions of the City's Comprehensive Plan: Capital Improvements Element Goal 1, Objective 1.1, and Policies 1.1.1, 1.1.2, 1.1.3, 1.2.1, 1.2.2, and 1.2.3.; Future Land Use Element Objective 1.3 and Policy 1.2.3; and Infrastructure Element Goal IV-A, Objective IV-A-1, and Policies IV-A-1.1, IV-A-1.6, and IV-A- 1.5. The FLUM amendment is not supported by a public facilities analysis (including assumptions, data sources, and description of methodologies used) for the five year and long term planning timeframes addressing the following: (1) the amount of recreation and open space demand generated by the maximum development potential allowed by the FLUM amendment combined with the projected five year and long term community-wide growth (background growth) in demand for recreation and open space; (2) the available and planned uncommitted capacity of recreation and open space facilities that would serve the demand; (3) the impact of the demand for recreation and open space facilities on the projected operating level of service and impact on available and planned uncommitted capacity of the facilities; (4) the need for recreation and open space facilities improvements (scope, timing and cost of improvements) or other planning alternatives to maintain the adopted level of service standards for recreation and 0909576\112882\949769\2 open space; and (5) coordination of any needed improvements or other planning alternatives with the Future Land Use Element, Recreation and Open Element, and Capital Improvements Elements, including implementation through the Five- Year Schedule of Capital Improvements. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the City's Comprehensive Plan: Capital Improvements Element Goal 1, Objective 1.1, and Policies 1.1.1, 1.1.2, 1.1.3, 1.2.1, 1.2.2, and 1.2.3.; and Recreation and Open Space Element Goal 1, Obj ective 1.1, and Policies 1.1.1 and 1.1.2. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.005(2 and 5); 9J-5.006(3)(b)1; 9J-5.006(3)(c); 9J-5.006(4); 9J-5.011(1)(a through f); 9J- 5.011(2)(a); 9J-5.011(2)(b)2; 9J-5.011(2)(c)1 and 2; 9J-5.016(1)(a); 9J-5.016(2)(b, c, and f); 9J- 5.016(3)(b)1, 3, and 5; 9J-5.016(3)(c)1.d, 1.e, 1.f, and 1.g; 9J-5.016(4)(a); 9J-5.015(3)(b)1 and 2; 9J-5.015(3)(c)1 and 11, F.A.C.; and Sections 163.3177(2, 3, and 8); 163.3177(6)(a, c and e); and 163.3177(6)(h)1 and 2, F.S. Recommendation: Revise the amendment to include the required data and analysis necessary to support the FLUM amendment and demonstrate coordination of the land use with the planning and provision of public facilities (sanitary sewer, and recreation and open space), demonstrate coordination among plan elements (Future Land Use Element, Infrastructure Element, Recreation and Open Space Element, and Capital Improvements Element), and demonstrate consistency of the amendment with the Comprehensive Plan goals, objectives and policies. Revise the amendment as necessary to be consistent with and supported by the data and analysis. RESPONSE: A. Sewer. The projected sewer flow for this project is 0.100 MGD. The current permitted plant capacity from the West Water Reclamation Facility that will serve this project is 2.07 MGD. The three month maximum average recorded flow into this plant over the past 12 months is 1.255 MGD. The current outstanding commitment for this plant by the City is 0.159 MGD excluding this project. Projected Flows for the next five years for the West Water Reclamation Facility are as follows: 2006 - 1.313 MGD 2007 - 1.345 MGD 2008 - 1.380 MGD 2009 -1.415 MGD 2010 - 1.460 MGD 2011 - 1.505 MGD 0909576\112882\949769\2 - 2 - Although the city's sanitary facility capacity can meet projected demand through the planning period, several projects are planned to enhance the provision of sanitary sewer services for future growth. Policy 1.7.2 states that "when applicable, the City shall utilize developer's agreements to ensure the timely and appropriate installation of needed capital faculties to service new development." Additionally, Policy 1.7.5 states that "New developments shall be responsible for installing all internal water and sewer systems ... within their development. In addition, connections of internal systems to the City's designated major water and sewer truck systems ... shall be the financial responsibility of the developer." As demonstrated above, there is sufficient sanitary sewer capacity available for the proposed amendment. In addition, the City may utilize a developer's agreement to ensure that the applicant pays for the necessary capital facilities. B. Recreation and Open Space. The City has determined that it has adequate Community Parks. In addition, the City recently added 27 acres to Central Winds Park (a Community Park). The City, as outlined below, will require that the Applicant provide an adequate neighborhood park on-site. Such commitment is found in the binding Developer's Agreement attached hereto as Exhibit "A". The City determines park and recreation concurrency as follows: Section 9-514. Parks and Recreation LOS A parks and recreation concurrency evaluation shall be required for any residential development on a citywide and per development basis. Citywide minimum levels of service for parklands shall be determine on a two level basis for community parks and neighborhood parks. In addition to the citywide minimum levels of service, new residential development shall supplement the system of neighborhood parks and recreation services by providing parklands ( or fees in lieu of) consistent with the level of service criteria and requirements established for parks and recreation under the city's comprehensive plan and this section. (1) The parks and recreation level of service standards for community parks shall be monitored by the city through concurrency evaluations to ensure that the minimum level of service standard for citywide community parks remains at or above one and six-tenths (1.6) acres per one thousand (1,000) population. In performing the concurrency evaluation for community parks for a proposed residential development, the development review committee shall determine the number of acres of community parkland which would be necessary to serve the number of citywide dwelling units existing or approved prior to the development plus the number of proposed new dwelling units. If the development satisfies the level of service standards for community parkland, then the development shall be deemed concurrent for community parks and a certificate shall be issued 0909576\112882\949769\2 - 3 - consistent with section 9-533 of this article. If a residential development causes or continues to cause the level of service for community parks to be not concurrent, the developer shall pay the city a fair share community parks and recreation impact fee, as established by the city commission by resolution. All such fees collected shall be allocated and appropriated to the city's recreation budget to be expended to enhance the city's community parks system with priority given to expend such funds to acquire parkland (2) The parks and recreation level of service standards for neighborhood parks shall be based on the application of the level of service standards established for each residential development by particular region of the city asfollows: Northwest Regions -- 5.9 acres per 1,000 population South-Central Region -- 5.3 acres per 1,000 population Southeast Region -- 6.9 acres per 1,000 population In performing the concurrency evaluation for neighborhood parks and recreation for a proposed residential development, the development review committee shall determine the number of acres of parkland which would be necessary to serve the number of dwelling units on-site (minimum one-half (5) acre). If such amount of parkland can be provided while meeting the level of service standards set forth in this section, then the development shall be deemed concurrent for parks and recreation. If such amount of parkland can not be provided while meeting the level of service standards set forth in this section, then the development shall be deemed not concurrent for parks and recreation and a certificate shall not be issued However, if a development can not provide the required on-site parkland, the development review committee shall permit the developer to satisfY the parks and recreation standard by providing a combination of on-site and off- site parkland and a fair share neighborhood parks and recreation impact fee as established by the city commission by resolution. In such cases, the development review committee shall require on-site parkland to the maximum extent feasible and practicable, off-site parkland shall be located in the same region as the proposed development, and said impact fee shall only be paid if on and off site parkland can not be provided as required herein. Any and all such fees collected shall be allocated and appropriated to the city's recreation budget to be expended for public recreational purposes and priority shall be given to expend such funds to acquire parkland At such time the development satisfies the level 0909576\112882\949769\2 - 4 - of service for parks and recreation, a certificate shall be issued consistent with section 9-533 of this article, with the condition that the necessary parkland and recreational services (including any impact fees) shall be in place or paid when the impacts of the development occur or shall be guaranteed to be in place through an enforceable development order or agreement not more than one (1) year after the issuance of a certificate of occupancy or its functional equivalent. (3) For purposes of determining levels of service for parks and recreation facilities within the City under this section, the term "parkland" shall mean a public or private use of land that is dedicated as exclusively set aside as a neighborhood or community recreational area including, but not limited to, playground, playing field, swimming pool, tennis court, fishing hole or pier, nature trial, landscaped city square or green for the pursuit of leisure activities, stadium, conservation area suitable for passive recreation, water sport area, or other similar type areas suitable for bona fide recreational activities, storm water retention pond shall not be considered parkland unless the retention pond includes upland suitable for bona fide recreational activities or incorporated by design into a bona fide recreational area (e.g., a place to install a water fountain and littoral plantings in a park like setting). If a storm water retention pond is used for parkland purposes, the pond shall include abutting uplands for park purposes at least equal to the size of the pond and the pond shall not be fenced and shall be designed in a safe manner to protect the public (e.g., gradual pond slopes). All parkland required by this article shall be minimum of one-half (5) acre and have a minimum width and length of one hundred twenty-five (125) feet unless a lesser width or length is approved by the city commission by variance. When considering a variance, the city commission shall consider whether the requested size and dimensions of the park will provide a functional recreational area in light of the recreational amenities proposed, the recreational demands of the residential community that the recreational area is intended to serve, and the compatibility of the recreational area with the surrounding neighborhood (4) For purposes of complying with the concurrency requirements of this section, properties zoned Town Center on June 1, 2000 shall satisfY concurrency by providing the parkland required by the Town Center Zoning Code and applicable development agreements. As demonstrated by the City's Code the applicant must either provide sufficient recreation and open space to accommodate the proposed development or pay a fee in lieu 0909576\112882\949769\2 - 5 - thereof The City's Code also requires that any property rezoned to Planned Unit Development ("PUD") must provide recreation and open space. The PUD rezoning requires that "an area of land or water or any combination thereof, within the area of a planned unit development which is designated and intended for the use and enjoyment of the residents of the planned unit development in common." LDC Section 20.351. Such common open space and recreational facilities must be built in accordance with the standards of the National Recreation Association shall be provided to serve the residents of the planned unit development - LDC Section 20-354. In addition, "All lands shown on the final development plan as common open space, parks, and recreational facilities shall be protected through deed restrictions which shall ensure the preservation of its intended use, the payment of future taxes, and the maintenance of areas and facilities for a safe, healthy and attractive living environment." "All common open space and recreational facilities shall be specifically included in the phasing plan and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of the residential structures which they serve. " 2. Obiection: The proposed FLUM amendment increases the residential density on the subject parcel and has the potential to increase the student population for schools. The proposed FLUM amendment is not supported by an analysis for the five year and ten year planning timeframes of the Comprehensive Plan addressing the following: (1) the number of students for each school resulting from the FLUM amendment; (2) the impact of the FLUM amendment students on the five year and ten year community-wide projected student enrollments and five year and ten year planned capacity of each school; (3) the need for school facility improvements (scope and timing of school facility improvements) or other planning alternatives to provide capacity to serve the impacts; and (4) coordination of the amendment and school facility improvements with the Seminole County School Board. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the City's Comprehensive Plan: Intergovernmental Coordination Element Goal 1, Objective 1.2, and Policies 1.2.2, 1.2.3, and 1.2.5. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.005(2 and 5); 9J-5.006(3)(c); 9J-5.006(4); 9J-5.015(3)(b)1; 9J-5.015(3)(c)1 and 12, F.A.C.; and Sections 163.3177(6)(a); and 163.3177(6)(h)1 and 2, F.S. Recommendation: Revise the amendment to include the required data and analysis addressing (1) coordination of the amendment with the School Board; (2) the five year and ten year student impacts to school facilities and the capital improvements or other measures necessary to provide school capacity to serve the anticipated school students, including analysis of additional coordination with the School Board regarding additional school facility improvements that may be needed; and (3) consistency of the amendment with the goals, objectives, and policies of the City of Winter Springs Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the data and analysis. Response: Pursuant to that certain Interlocal Agreement between the City and Seminole County Public Schools dated April 15, 2003, the applicant and the City coordinated with the Seminole County School Board ("SCSB'') regarding the proposed amendment. The 0909576\112882\949769\2 - 6 - evidence of this coordination are letters to the School Board from the applicant dated November 28, 2005 and June 5, 2006 attached hereto as Composite Exhibit "B ". SCSB determined that the project would generate 76 students, see Composite Exhibit "C". SCSB also determined that there is adequate capacity in the affected schools Highland Elementary School, South Seminole Middle School and Winter Springs High School, see attached Student Generation Analysis Worksheet, Composite Exhibit "C" and the Florida Department of Education 5-Year Survey attached hereto as Exhibit "D ". The SCSB has also agreed to accept a mitigation payment in the amount of $1,235. 00 for each dwelling unit in addition to the school impact fee for each unit. This mitigation payment is set forth in the attached letters and included in the binding Developer's Agreement attached hereto as Exhibit "A ". 3. Obiection: The FLUM Amendment is not appropriately supported by data and analysis demonstrating the need for the additional proposed FLUM designation of Medium Density Residential on the FLUM in order to accommodate the City's projected population growth within the planning timeframe of the City's Comprehensive Plan. The amendment is not supported by data and analysis demonstrating that the amendment is consistent with the following provisions of the City's Comprehensive Plan: Housing Element Goal 1, Objective 1.1 and Policy 1.1.1; and Future Land Use Element Policy 1.1.5. The proposed amendment is not consistent with the following requirements; Rules 9J- 5.002(8); Rules 9J-5.005(2 and 5); 9J-5.006(1, 2, 3, and 4); 9J-5.006(5); and 9J-5.010(1, 2, and 3), F.A.C.; and Sections 163.3177(2, 6, and 8), F.S. Recommendation: Revise the amendment to include an analysis, based on professionally acceptable methodology and assumptions, demonstrating whether there is a need for the additional acreage of Medium Density Residential use on the FLUM in order to accommodate the City's projected population growth within the planning tirneframe of the City's Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the analysis. Response: The proposed amendment is consistent with the Winter Springs Comprehensive Plan. The City Comprehensive Plan sets forth need for additional residential acreage and units and a better mix of housing types. In particular, the Comprehensive Plan indicates that approximately 5,579 new housing units will be neededfrom 2000 to 2010 to serve City residents. The Future Land Use Element (pg /-13) states that "it is estimated that approximately 16,476 total housing units will be needed by 2010 to serve the City residents (5,579 new units from 2000 to 2010)." The City's Housing Element, Objective 1.1 states that the City shall "assist the private sector to provide approximately 1,124 new dwelling units of various types, sizes and costs between 2000 and 2005, plus an additional 2,249 units between 2005 and 2010 necessary to house the City's anticipated population through the planning horizon." Table 1-4 of the Comprehensive Plan shows that "future growth will demand 4,474 residential acres." (pg 1-14) Table 1-4 titled "Projected Demandfor Vacant Land (2010)" shows a 328 acre deficit in medium density residential land Since the adoption of City Ordinance #2006-02, annexation is no longer an instrument for the City to increase its residential acres. Ordinance #2006-02 prohibits the annexation of land east of Deleon Street. In addition to the City's inability to expand eastward, a recent Local Area Study demonstrated that the City has no ability to expand: (1) South because that land is either built out or the City of Oviedo; (2) North 0909576\112882\949769\2 - 7 - because that land is mostly in either State or County Conservation easements; or (3)West because that is the City of Longwood Any additional residential land will be created through comprehensive plan a changes and annexation of small enclaves. Housing Element Goal 1 is "to ensure adequate supply of a wide range of housing types, at various levels of affordability, to accommodate the needs of the residents of Winter Springs. " Future Land Use Element Policy 1.1.5 furthers illustrates the City's goal of a diversity of housing options. It states that "The Future Land Use Map shall contain an adequate diversity of lands for residential uses to meet the future demand for residential densities identified in the Housing Element." As depicted on Table 111-11 of the Housing Element approximately 86.6% of the City's housing stock is single family. More current data shows that single family detached housing makes up 71% of the housing stock (outside the Town Center). The proposed townhomes further Goal 1 by adding a variety of housing for residents who either cannot afford single family homes or prefer a different type of housing and amenities. 4. Land Use Compatibility: The proposed amendment is not appropriately supported by data and analysis demonstrating the proposed designation of Medium Density Residential is compatible with the existing and planned future industrial land uses located in the surrounding area where the industrial land uses may potentially affect (adversely impact) Medium Density Residential land use on the amendment parcel. The proposed amendment is not appropriately supported by data and analysis demonstrating the amendment is consistent with the land use compatibility goals, objectives and policies of the City's Comprehensive Plan (Future Land Use Element Objective 1.5 and Policies 1.5.1, 1.5.6, 1.5.7 and 1.5.8; and Housing Element Objective 2.2 and Policy 2.2.7. The proposed amendment is not consistent with the following requirements: Rules 9J- 5.002(8); Rules 9J-5.005(2 and 5); 9J-5.006(1, 2, 3, and 4); F.A.C.; and Sections 163.3177(2, 6, and 8), F.S. Recommendation: Revise the amendment to include an analysis demonstrating that the proposed Medium Density Residential land use is compatible with the existing and planned future industrial land uses located in the surrounding area, and demonstrate that the amendment is consistent with the land use compatibility provisions of the City's Comprehensive Plan. Revise the amendment as necessary to be consistent with and supported by the analysis. Response: Future Land Use Element Objective 1.5 states that future development must be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be allowed to expand and shall be eliminated, when feasible." Future Land Use Policy 1.5.1 states that "proposed land use amendments which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City." Currently the property has a future land use designation of Industrial and this amendment proposed that it be changed to Medium Density Residential. The properties to the south have a future land use designation of Low Density Residential (the applicant has a contract to purchase and has applied for a small scale amendment for the 1.72 acres of Industrial property located on Florida Avenue). The properties to the east have afuture land use designation of Medium 0909576\112882\949769\2 - 8 - Density Residential, the properties to the west have a future land use designation of both Industrial and Commercial, and the property to the north has a future land use designation of Industrial. Although some properties to the west have an industrial land use designation, the properties are all zoned C-2 (either in Winter Springs or Seminole County). As demonstrated by the confluence of four future land use designations (Low Density, Medium Density, Commercial and Industrial) and two jurisdictions (Winter Springs and Seminole County) this property is an appropriate place for a transitional designation such as Medium Density Residential. The proposed Medium Density Residential is located between Commercial/Industrial properties and the Low DensityIMedium Density properties. The applicant proposes to rezone the entire property planned unit development and agrees to provide buffering in excess of the City's code requirements. The buffering between the subject property and commercially zoned property will include a buffer consisting of a 6' high wall on top of a 5' berm with trees, shrubs and irrigation which are set forth in a binding Developer's Agreement. In addition, the applicant, as set forth in a binding Developer's Agreement, has agreed to include in the Covenants, Conditions, and Restrictions for the property a notice indicating that the properties to the west have a future land use designation of Industrial. Future Land Use Policy 1.5.6 states that "low density residential areas shall be buffered from intensive commercial and industrial land use. This will be accomplished by locating less intensive transitional uses in between, or by buffering with berms, trees or other methods to be included in the Code of Ordinance as deemed appropriate by the City. " Future Land Use Policy 1.5.6 requires that low density, not medium density which is proposed, be buffered from intensive commercial and industrial uses. Although the proposed amendment requests medium density residential, the applicant has agreed to provide a berm and a wall to buffer the proposed townhomes from the existing commercial properties. The City, via the Planned Unit Development process can require buffering between the medium density residential and the commercially zoned property to the west. Future Land Use Policy 1.5.7 states that the City shall "maintain a landscape ordinance that requires adequate buffering between incompatible uses." Policy 1.5.8 states that "the City shall maintain site design requirements and subdivision regulations in the Code of Ordinances which adequately addresses the impacts of new development on adjacent properties in all land use categories and zoning districts. " The subject property will comply with the landscape buffering required by the City and will comply with any necessary site design requirements to address the impacts of new development on adjacent properties. The PUD process setsforth in the City's LDR (Section 20-351 through 362) grants the City considerable discretion in its ability to require specific buffering and design criteria. 0909576\112882\949769\2n - 9 - Housing Element Objective 2.2 states that the "City shall promote housing opportunities for new households in already established neighborhoods and insure the stabilization of all neighborhoods through the following policies when applicable." The neighborhood to the east (Medium Density Residential) has experienced a significant decline in value. The proposed townhomes will assist in stabilizing he adjacent neighborhood by increasing the value of housing in the area, and developing a property that currently is used by vagrants. Policy 2.2.7 states that the City shall continue to require, through the City code, adequate buffering and screening of residential neighborhoods from incompatible uses, which could adversely impact existing neighborhoods. Landscape buffering and transitional uses shall be utilized to further this policy. Objective 2.4 states that the City shall promote infill development. The proposed amendment is for vacant land inside the City that is surrounded on all sides by development. This is a classic infill site. II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN Objection: The proposed Comprehensive Plan Amendment 06-1 is not consistent with and does not further the following provisions of the State Comprehensive Plan (Chapter 187, Florida Statutes) for the reasons noted in the objections raised above in Section I: (a) Goal 9.a (Natural Systems and Recreational Lands); Policy 9.b. 1.1; (b) Goal 15.a (Land Use); Policy 15.b.l; (c) Goal 16.a (Urban and Downtown Revitalization); Policy 16.b.8 (d) Goal 17.a (Public Facilities); Policy 17.b.7; and (e) Goal 25.a (Plan Implementation); Policy 25.b.7. Recommendation: Revise the plan amendment as recommended for the objections raised above. 0909576\112882\949769\2 - 10 - THIS INSTRUMENT WAS PREPARED BY: AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson St., Suite 660 Orlando, FL 32801 (407) 425-9566 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and executed this day of June, 2006, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation (the "City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and THE KEEWIN REAL PROPERTY COMPANY, a Florida corporation ("Developer") whose address is 1031 West Morse Blvd., Winter Park, FL 32789. WITNESSETH: WHEREAS, Developer is the contract purchaser of that certain real property located in Seminole County, Florida consisting of approximately 47 acres, as more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"); and WHEREAS, Developer desires to develop townhomes or condominiums on the Property (the "Project"); and WHEREAS, Developer has applied for an amendment to the Winter Springs Comprehensive Plan in order to accommodate the Project; and WHEREAS, at this stage in the development review process, the City and Developer have agreed to certain conditions of development related to, among other things: (i) buffers; (ii) notices to potential purchasers; (iii) school mitigation; and (iv) recreational land; and WHEREAS, the Developer acknowledges and agrees that as the Project is taken through the City's development review process, the City may require that this Development Agreement be modified to incorporate additional terms and conditions in order to safeguard the public's interests; and WHEREAS, the City and Developer desire to execute this Agreement in order to more fully set forth the conditions of development. Development Agreement City of Winter Springs and Keewin Real Property Company Page 1 of9 NOW THEREFORE, in consideration of the mutual promIses and covenants contained herein, the parties mutually agree as follows: 1. The recitals set forth above are true and correct and are incorporated herein by this reference. 2. Buffer. Since the properties to the west of the Project are zoned commercial and industrial, the Developer has agreed to build a buffer between the Project and those properties to the west. The buffer will include a 6' high wall on top of a 5' berm. The buffer shall also include trees, shrubs and irrigation in accordance with a landscape plan deemed acceptable to the City. 3. Notice to Purchasers. The Developer will include in the Covenants, Conditions and Restrictions for the Project a notice to all potential purchasers that the properties adjacent to the west have zoning designations of industrial and commercial. Said notice shall be subject to the approval of the City Attorney. 4. Parks and Recreation. In accordance with Winter Springs Code Section 20-354 and other applicable provisions of the City's Comprehensive Plan and Code, the Developer agrees to dedicate an appropriate amount of land as a park for the residents of the Project. Such park shall have recreational facilities built in accordance with the standards of the National Recreational Association. In addition, such park shall be protected through deed restrictions recorded in the Covenants, Conditions and Restrictions for the Project which shall ensure the preservation of its intended use, the payment of future taxes, and the maintenance of the park and facilities for a safe, healthy and attractive living environment. The park shall be included in the phasing plan, if any, and shall be constructed and fully improved by Developer at an equivalent or greater rate than the construction of the residential structures for which it serves. 5. School Mitigation Payment. In order to mitigate the potential impacts of the Project on the Seminole County Public Schools, Developer has agreed to pay One Thousand Two Hundred Thirty-Five Dollars ($1,235.00) for each residential unit in addition to the School Impact Fees charged for each residential unit. The Mitigation Payment shall be paid to the School Board upon the date that the City grants the first vertical building permit for the Project. The School Board shall be considered a third party beneficiary under this Development Agreement for the limited purpose of enforcing the provisions of this paragraph against the Developer. Nothing herein shall be construed as obligating or requiring the City to pay, or otherwise enforce the payment of, the Mitigation Payment to the School Board. Developer agrees to indemnify and hold harmless the City from any action, dispute, claim, or litigation directly or indirectly involving the Mitigation Payment. 6. Notices. Any and all notices, elections, demands, requests and responses thereto permitted or required to be given under this Agreement shall be in writing, signed by or on behalf of the party giving the same, and shall be deemed to have been properly given and Development Agreement City of Winter Springs and Keewin Real Property Company Page 2 of9 shall be effective upon being personally delivered, or upon being faxed to the number set forth below to the appropriate party, or upon being deposited in the United States mail, postage prepaid, certified with return receipt requested, or upon being deposited on a paid basis with a nationally recognized overnight delivery service, to the other party at the address of such other party set forth below or at such other address as such other party may designate by notice specifically designated as a notice of change of address and given in accordance herewith, provided, however, that the time period in which a response to any such notice, election, demand or request must be given shall commence on the date of receipt thereof; and provided further that no notice of change of address shall be effective until the date of receipt thereof. Personal delivery to a party or to any officer, partner, agent or employee of such party at said address shall constitute receipt. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice has been received shall also constitute receipt. Any such notice, election, demand, request or response, shall be addressed as follows: If to Developer: The Keewin Real Property Company 1031 West Morse Blvd., Suite 325 Winter Park, FL 32789 Attn: Jay Folk Phone: 407-645-4400 Fax: 407-645-0340 With a copy to: Lowndes, Drosdick, Doster, Kantor & Reed, P,A. 215 N. Eola Drive P.O. Box 2809 Orlando, FL 32801 Attn: M. Rebecca Furman, Esquire Phone: 407-843-4600 Fax: 407-843-4444 If to City: City of Winter Springs 1126 East S,R. 434 Winter Springs, FL 32708 Attn: City Manager Phone: 407-327-5999 Fax: 407-327-4753 Development Agreement City of Winter Springs and Keewin Real Property Company Page 3 of9 With a copy to: Anthony Garganese, Esq. City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A 225 E. Robinson St., Ste. 660 Orlando, FL 32801 Phone: 407-425-9566 Fax: 407-425-9596 Either party may change the address provided hereinabove by giving written notice of such change to the other party or parties as herein provided. 7. Entire Agreement. The making, execution and delivery of this Agreement by the parties hereto have been induced by no representations, statements, warranties or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties hereto with respect to the subject matter hereof, and there are no other written or oral agreements in effect between the parties hereto relating to the subject matter hereof. This Agreement or any part thereof may only be amended or modified by an agreement in writing by both ofthe parties hereto. 8. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but should any provision of this Agreement be prohibited or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 9. Binding Effect. Except as provided hereinabove, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assIgns. 10. Waiver. A waiver of any provision hereof or any default hereunder by either party shall be effective only in writing. A waiver of one provision shall not constitute a waiver of any other provision hereof, and a waiver of default shall not apply to any other default whether occurring simultaneously or at a later date. 11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which if taken together shall constitute one and the same Agreement. 12. Governing Law. The laws of Florida shall govern the validity, performance and enforcement of the Agreement. 13. Headings. The headings of these several paragraphs contained herein are for convenience only and do not define, limit or affect the contents of such paragraphs. Development Agreement City of Winter Springs and Keewin Real Property Company Page 4 of9 14. Authorization. Each of the parties represents that this Agreement has been duly executed by a partner or officer authorized to bind such party and that this Agreement constitutes the valid, binding and enforceable obligation of such party. 15. Attorney's Fees. Any party to this Agreement who is the prevailing party in any legal proceeding against any other party brought under or in connection with this Agreement or the subject matter hereof, shall be additionally entitled to recover court costs and reasonable attorney fees, and all other litigation expenses, including deposition costs, travel and expert witness fees from the non-prevailing party. 16. Construction. The parties acknowledge that each party and its counsel have reviewed this Agreement and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any addendums or exhibits hereto. 17. Venue. Venue for any legal proceedings under this Agreement shall lie solely in the state courts in and for Seminole County, Florida, or in the United States District Court for the Middle District of Florida. 18. Representations of the Parties. The City and Developer hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. When title to the Property is vested in Developer and when duly executed and delivered by the City, then this Agreement will be recorded by the City in the Public Records of Seminole County, Florida, and will constitute a legal, valid and binding obligation enforceable against the Property in accordance with the terms and conditions of this Agreement. Developer represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. In the event Developer does not acquire title to the Property pursuant to the Contract for Sale and Purchase or within one year of both parties signing this Agreement, which ever occurs sooner, then this Agreement shall be of no force and effect unless both parties agree in writing that Developer will be given additional time to acquire the Property. Developer represents and warrants that they will notify the City Attorney, in writing, within three (3) business days of closing on the Property. 19. Successors and Assigns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Developer and their respective successors and assigns. 20. Amendments. This Agreement shall not be modified or amended except by written agreement duty executed by both parties hereto (or their successors or assigns) and approved by the City Commission. Development Agreement City of Winter Springs and Keewin Real Property Company Page 5 of9 21. Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 22. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Developer is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 23. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 24. City's Police Power. Developer agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. 25. Third-Party Rights. Except as provided in paragraph 5, this Agreement is not a third party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 26. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity, 27. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Developer or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend or terminate any and all Development Agreement City of Winter Springs and Keewin Real Property Company Page 6 of9 certificates of occupancy for any building or unit if Developer is in breach of any term and condition of this Agreement. 28. Termination. The City shall have the unconditional right, but not obligation, to terminate this Agreement, without notice or penalty, if Developer fails to receive building permits and substantially commence vertical construction of the Project within three (3) years of the effective date of this Agreement. If the City terminates this Agreement, the City shall record a notice of termination in the public records of Seminole County, Florida if this Agreement is recorded pursuant to paragraph 18. [SIGNATURE BLOCKS BEGIN ON NEXT PAGE] Development Agreement City of Winter Springs and Keewin Real Property Company Page 70f9 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only, CITY SEAL Date: By: Anthony Garganese, City Attorney for the City of Winter Springs, Florida STATE OF FLORIDA COUNTY OF SEMINOLE Personally appeared before me, the undersigned authority, John F. Bush and Andrea Lorenzo Luaces, well known to me to be the Mayor and City Clerk respectively, of the City of Winter Springs, Florida, and acknowledged before me that they executed the foregoing instrument on behalf of the City of Winter Springs, as its true act and deed, and that they were duly authorized to do so. Witness my hand and official seal this _ day of ,2006. (NOTARY SEAL) Notary Public My commission expires: Development Agreement City of Winter Springs and Keewin Real Property Company Page 8 of9 Signed, sealed and delivered in the presence of the following witnesses: THE KEEWIN REAL PROPERTY COMP ANY, a Florida corporation Printed Name of Witness By: Name: Title: Signature of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of , 2006, by , as of THE KEEWIN REAL PROPERTY COMPANY, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Development Agreement City of Winter Springs and Keewin Real Property Company Page 9 of9 COMPOSITE EXHIBIT "BI1 o 0 ~ INVESTMENTS AND REAL ESTATE o o November 28, 2005 Via Fax and Mail Mr. George Kosmac Deputy Superintendent Seminole County Public Schools 400 E Lake Mary Boulevard Sanford, F132773-7127 Re: Townhome ProjectJCityofWinterSprings Dear George: It was a pleasure meeting you and discussing our proposed Townhome Development Project in the City ofWinterSprings. We have applied to the City for a Large Scale Comprehensive Plan Amendment, which changes the Future Land Use Map designation from "Industrial" to "Medium Density Residential" for approximately 334 Townhome Units. The Project. know as the Dittmer Property, encompasses approximately 47 acres and is located between Shephard Road and Florida Avenue. Our discussion brought forth that the schools serving our Project are the Highlands Elementary School which is near school capacity, the South Seminole Middle School which is over school capacity, and the Winter Springs School which is also over school capacity. In order to support the Seminole County School Board and to provide financial means to have the schools upgraded to meet additional capacity we have agreed to fund $1,235.00 for each townhome approved. The total payment for the school capacity fund will be paid to Seminole County School Board upon the date that the first townhome building permit is pulled. Thank you for your time and assistance with this matter. Jay E. Folk President xc: Allan E, Keen THE KEEWJN REAL PROPERTY COMPANY 1031 WEST MORSE BOULEVARD. SUITE J25 . WINTER PARX, FLORIDA 32789 TELEl'IlONS: 407.645.4400 FASCIMrUl: 407.645.0340 BROKER "Growmg and Developing With Central Florida Since 1978" IfliI&= COMPOSITE EXHIBIT IIBn 0 0 ~ INVESTMENTS AND REAL ESTATE 0 0 May 31, 2006 Mike Rigby Planner Seminole County School Board Educational Support Center 400 E. Lake Mary Blvd. Sanford, FL 32772 RE: The Keewin Real Property Company ("Developer") - Townhomes in Winter Springs, Florida (the "Project"); Parcel ID #: 26-20-30-5AR-OCOO-0210; 33-20- 30-503-0000-0240; 33-20-30-503-0000-025A. Dear Mr. Rigby: The Developer is requesting approval from the City of Winter Springs for up to 334 townhouse or condominium units within the Project located in Seminole County as more particularly described on Exhibit A. In the event that such approvals are granted, the Developer agrees to make a contribution to the Seminole County School Board (the "School Board") in the amount of $1,235.00 per unit for purposes of mitigating any impacts to the school system resulting from the Project's additional residential units. It is uncertain at this time exactly how many units will be approved and developed in the Project. The Developer shall donate the total contribution, to be calculated by multiplying the approved number of units by the contribution amount of $1,235.00 ("Mitigation Payment"), The Mitigation Payment shall be paid to the School Board upon the date that the first building pennit for the Project is pulled. The Developer acknowledges that the above mitigation payment is in addition to and not in lieu of any fees, including but not limited to school impact fees that may be required by any governmental entity having jurisdictions over the Project. The Developer further agrees that it is not entitled to and will not seek any credits against any fees required by any governmental entity jurisdiction over the proposed project, including but not limited to school impact fees. It is understood that the School Board's use of the funds shall be limited to capital construction projects included in the School Board's annual five (5) year capital Construction/Outlay Plan. The Developer acknowledges that the mitigation payment is a voluntary donation and that it expects no benefit or consideration of any kind from the School Board. THE .KEEWIN REAl. PROPERTY COMPANY 1031 WEST MORSE BOULEVARD. SUITE 325. WINTER PARK, FLORIOA 32789 0909576\112882\956011\1 TELEPHONE: 40;.645.4400 FASCJMILI'.: 407.645J)340 BROKER "Growing and Developing With Central Florida Since 1978" HIff== This letter is written in recordable form. In the event of default by the Developer, recordation of this letter will evidence the Developer's obligations. The Developer consents and agrees to the voluntary mitigation payment described herein as evidenced by the executed "Consent and Agreement" attached to this letter. In addition, the provisions of this letter are covenants running with the land, binding upon the parties hereto and their respective successors in title and assigns. As always, it has been a pleasure working with the Seminole County School System on the Project. cc: City of Winter Springs CONSENT AND AGREEMENT The Keewin Real Property Company, consents and agrees to the covenants set forth herein. Dated this ~'J.t day of June, 2006. ATTEST: ~ ~ Jay Folk Its: President STATE OF FLORIDA COUNTY OF ORANGE SWORN TO AND SUBSCRIBED before me thi~ day of June 2006 by Jay Folk who is personally known to me or produced N J yq as i ntification: I (NOTARY SEAL) Notary ubli Signatu e (~::;~lin~~) Notary Public, State of Commission No.: My Commission Expires: ~~T"~ SHERRYMCOOPER '.::!. 9'..1' MY COMMISSION # ODs.:9700 ~.f\~ EXPIRES: JUM23,20IO 1407}MoOl53 ~NoIary~ G9095?6\112882\95601l\1 COMPOSITE EXHIBIT nCn PROJECT INFORMATION SHEET: Name: Dittmer Property Jurisdiction: City of Winter Springs Project Address: South of Shepard Rd. & North of Florida Ave., Winter Springs Tax Parcel Numbers: 28-20-30-5AS-OBOO-015A; -0170; 26-20-30-5AR-OCOO-021O; 33-20-30- 503-0000-00150; -0240; -025A; 33-20-30-503-0S00-0000 Requested Action: Proposed FLU change to MDR, adding 334 MF units to development plan Existing Zoning: PUD & C-2 Existing Land Uses: Vacant Future Land Use: Industrial Site Area: 47.27 Acres Proposed Residential Development: 334 MF units (Townhouses) Student Generation: Elementary Middle High Total 334 X .115 = 39 334 X .053 = 18 334 X .057 = 19 76 Fee Generation Current School Impact Fee 334 X $639 (SF fee) = $213,426 Capacity Mitigation Model 334 X $1,235 = $412,490 Total Funds $625,916 Affected School Attendance Zone: Elementary Middle High Highlands South Seminole Winter Springs High I- W W J: UJ ~ 0:: o ~ en UJ >- ...l <( Z <( Z o ~ w z w (!) 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I "'~ 00,00 0-000 ~..:; ~ I , I "'Ci ~. lec co "" (Jq t::; C1) N ~ ~l w 8 0 ,..." i':J' -0 000'0 00 '" w ORDINANCE NO. 2005-29 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT, REFERENCED AS LS-CP A-06-01, PROVIDING FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF WINTER SPRINGS GENERALLY DESCRIBED AS SEVEN (7) PARCELS OF LAND, CONTAINING 47.27 GROSS ACRES MORE OR LESS, AND LOCATED GENERALLY ALONG SHEPARD ROAD AND NORTH OF FLORIDA AVENUE, MORE PARTICULARLY AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM CITY OF WINTER SPRINGS "INDUSTRIAL" TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL"; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the amendment of comprehensive plans, pursuant to which the City of Winter Springs has established procedures for amending the City of Winter Springs Comprehensive Plan; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing, in accordance with the procedures established 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 City of Winter Springs Ordinance No, 2005-29 Page 1 of 3 WHEREAS, the Local Planning Agency recommended that the City Commission transmit the subject property large scale comprehensive plan amendment (LS-CPA-06-01) to the Florida Department of Community Affairs for its review and comment; and WHEREAS, the amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the City Commission hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. 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, sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent ofthis Ordinance are to adopt the large scale comprehensive plan amendment (LS-CPA-06-01) designating the subject property from Seminole County "Industrial"to City of Winter Springs "Medium Density Residential." 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 in Exhibit "A" as City of Winter Springs "Industrial," to City of Winter Springs "Medium Density Residential." 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(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of 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 City of Winter Springs Ordinance No, 2005-29 Page 2 of 3 remaining portions of this Ordinance. Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs, or the date of the Administration Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this amendment, the comprehensive plan amendment set forth herein shall amend the City of Winter Springs' Comprehensive Plan and become a part of that plan and the amendment 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 , 2005. 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: City of Winter Springs Ordinance No, 2005-29 Page 3 of 3 I o I 460 Ordinance 2005-29 Exhibit' A' I 920 Feet PARCEL NUMBERS 26-20-30-5AR-OCOO-0210 28-20-30-5AS-OBOO-015A 28-20-30-5AS-OBOO-0170 33-20-30-503-0S00-0000 33-20-30-503-0000-0150 33-20-30-503-0000-0240 33-20-30-503-0000-025A LESS AREAS 1 & 2 AS DESCRIBED: Area 1 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida, Being more particularly described as follows: BEGIN at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence South 03057'20" East, along the Westerly line of said WILDWOOD, for a distance of 166,02 feet to a point of curvature of a curve concave Westerly, having a radius of 175,00 feet and a delta angle of 29059'46"; thence, continuing along the Westerly line of said WILDWOOD, run Southerly along the arc of said curve for a distance of 91,62 feet to the point of tangency; thence, continuing along the Westerly line of said WILDWOOD, South 26002'26" West for a distance of 126,10 feet; thence, departing said Westerly line of said WILDWOOD, South 86002'40" West for a distance of 94,04 feet; thence North 03057'20" West for a distance of 362,73 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86002'40" East, along said Southerly right of way line, for a distance of 180,52 feet to the POINT OF BEGINNING, Area 2 A parcel of land being a portion of Lot 18, Block "B" of OAK GROVE PARK, according to the plat thereof as recorded in Plat Book 7, Page 83, Public Records of Seminole County, Florida, Being more particularly described as follows: COMMENCE at the Northwest corner of WILDWOOD according to the plat thereof as recorded in Plat Book 19, Page 7 through 10, Public Records of Seminole County, Florida; thence run South 86002'40" West, along the Southerly right of way line of Shepard Road and Northerly line of said Lot 18, for a distance of 260,52 feet to the POINT OF BEGINNING; thence, departing said Southerly right of way line of Shepard Road and Northerly line of said Lot 18, South 03057'20" East for a distance of 298,01 feet; thence South 86002'40" West for a distance of 113,09 feet; thence North 04049'25" East for a distance of 301,55 feet to the Southerly right of way line of Shepard Road and Northerly line of said Lot 18; thence North 86002'40" East, along said Southerly right of way line, for a distance of 67,07 feet to the POINT OF BEGINNING,