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HomeMy WebLinkAbout2008 01 14 Public Hearings 505 Ordinance 2007-24 Small Scale FLUM AmendmentCITY COMMISSION ITEM 505 Consent Information Public Hearin X Re ular January 14, 2008 Meeting ~` / Mgr./Dept REQUEST: The Community Development Department -Planning Division requests the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-24, a Small Scale FLUM Amendment changing the Future Land Use Map designation of 7.54 acres, located on the south side of Winter Springs Blvd., immediately west of Howell Creek and the Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas). PURPOSE: To consider the applicant's request for a Small Scale FLUM Amendment changing the Future Land Use Map designation of 7.54 acres of Parcel ?from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas) to make it consistent with the development rights granted to the property by a Settlement Agreement. APPLICABLE LAW AND PUBLIC POLICY Settlement Agreement: Final Order approving Settlement Agreement and amended Settlement Agreement No. 1, recorded Apr. 14, 1994 at Book 3102, Page 1354 Public Records of Seminole County, Florida as amended by Second Amendment to Settlement Agreement recorded Oct 22, 1996 at Book 3156, Page 0454, Public Records of Seminole County, Florida as amended by Third Amendment to Settlement Agreement approved by Winter Springs City Commission October 2, 2007 and recorded December 5, 2007 at Book 06881, pages 235-270, Public Records of Seminole County. [This amendment allows the development of the "development area" of parcel 7 into a maximum of 60 condominium units.] Before the Settlement Agreement can be implemented, further approvals are required. These include an amendment to the Comprehensive Plan changing the Future Land Use Map, an amendment to the Tuscawilla PUD Master Plan, as well as approvals pursuant to the other local, state, and federal rules and regulations. January 14, 2008 City Commission Public Hearing Item 505 Page 2 of 11 Florida Statute 163.3174 (4) :The Local Planning Agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan... (b) Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required.. . Florida Statute 163.3187 Amendment of adopted comprehensive plan. Florida Statute 166.041 Procedures for adoption of ordinances and resolutions Winter Springs Charter Section 4.15 Ordinances in General Winter Springs Article III. Comprehensive Plan Amendments Section 15-30. Authority, purpose and intent; Section 15-36. Review criteria; Whether the proposed amendment will have a favorable orunfavorable-effect on the city's budget, or the economy of the city or region; (1) Whether the proposed amendment will diminish the level of service (LOS) of public facilities (2) Whether there will be a favorable or unfavorable impact on the environment or the natural or historical resources of the city or the region as a result of the proposed amendment; (3) Whether the proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative code; (4) Whether the city is able to provide adequate service from public facilities to the affected property, if the amendment is granted, and whether the amendment will promote the cost effective use of or unduly burden public facilities; (5) Whether the amendment is compatible surrounding neighborhoods and land use; Whether approval of the amendment will cause the comprehensive plan to be internally inconsistent; Whether the proposed amendment will promote or adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and (6) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. Section 15-37. Local Plannin~gency Review and Recommendation: Prior to the City Commission's consideration of the application, the Local Planning Agency shall consider the application(s) at a Public Hearing, along with the staff review board's recommendation, and recommend that the City Commission approve, approve with modifications (text only), or deny the application for transmittal to the Department of Community Affairs. At a minimum, the Local Planning Agency shall consider the same factors considered by the staff review board. The LPA shall hold at least one (1) public hearing prior to making its recommendation to the City Commission. January 14, 2008 City Commission Public Hearing Item 505 Page 3 of 11 CHRONOLOGY: July 31, 2007- Application received for Comprehensive Plan Future Land Use Map amendment. Sept. 4, 2007- Submittal of revised Application for Comprehensive Plan Future Land Use Map amendment. Sept 10, 2007-City Commission approved Conceptual Development Plan for construction of 60 condominium units on Parcel ?based upon conveyances of conservation lands satisfactory to the Commission. Oct. 2, 2007- City Commission approved Third Modification of the Settlement Agreement between the City and the Tuscawilla Country Club to facilitate proposed development of Parcel 7 and the construction of a 150 foot cell tower and related conveyances of conservation lands to the City. Nov. 7, 2007- Local Planning Agency heard the request and made recommendation of Approval to the Commission. Nov 26, 2007-First Reading of Ordinance 2007-24 Dec 27, 2007- Public Noticing in Orlando Sentinel (10 days min. prior to adoption) Jan. 14, 2008- Second Reading /Adoption of Ordinance 2007-24 CONSIDERATIONS: Applicant(sl - Dave Schmitt Engineering, Inc. (407) 207-9088 Owner s - Winter Springs Golf LLC c/o RDC Golf Group); React Land LLC; & Matthew Galvin Contract Purchaser - Congressional Homes and Developers of Florida Tom Corkery, Principal; 1491 East SR 434, Unit 103; Winter Springs, FL General Location - south side of Winter Springs Blvd.; immediately west of Chelsea Parc at Tuscawilla Subdivision, and just east of and including a portion of the existing tennis courts at the Tuscawilla Golf and Country Club. Parcel Number(s) - portion of Parcel ID: 31-20-31-SBB-0000-OOSD & portion of Parcel ID: 31-20-31-SBB-0000-004A Le>?al Description - A PORTION OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED !N PLAT BOOK i, PAGE 38, OF THE PUBLIC RECORDS OF SEMNIOLE COUNTY, FLORIDA. LYING tN SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FL~tIDA, BE1NG A1ORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARC AT TUSCAWILLA PHASE t. AS REC~2DED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG 'THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE 1, PLAT 90Ot{ 49, PAGES 82'83 Nt~2TH 65`11'45' WEST, A pISTANGE OF 105,08 FEET; THENCE DEPARTING .THE SOUTH LINE OF TRACT A, CHELSEA PARE AT TUSGAWtLLA, PHASE I, PLAT 300K 45, PAGES 82--83 NORTH 87'?t'25" WEST, A RISTANCE OF 448.41 FEET TO 7HE POINT OF BEGINNING; THENCE NORTH 87'21'29" WEST: A DISTANCE pF 113.54 FEES; THENCE Nt1F2TH 87'55'28" WEST, A DISTANCE OF 138.13 FEET; THENCE SOUTH 23`12'11" WEST, A DISTANCE OF fi8.56 FEET; THENCE NORTH 88'47'49" WEST, A DISTANCE OF 191.45 FEET; THENCE NORTH 23'f2'lY EAST; A DISTANCE OF 115.89 FEET; THENCE SOUTH 89'44'14" EAST,. A DISTANCE OF 78.14 FEET; THENCE NORTH 00'15'48" EAST, A DISTANCE Cf 118.55 FEET; THENCE NORTH 81'13'03" EAST. A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.88 FEET; THENCE NORTH 00'26'43" EAST. A DISTANCE OF 193.84 FEET; THENCE SOUTH 88'58'38" EAST, A DISTANCE ~ 239.33 FEET. TO A POINT OF GURVAIURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF ?,?92.44 FEET, A CENTRAL ANGLE ~ 12'18'30" AND A CHORD DISTANCE OF 491.51 FEET Wrl1CH BEARS SOUTH $3'49'24" .EAST;. THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 48?.46 FEET; THENCE SOUTH 42`07'#5' WEST, A DISTANCE OF 154.19 FEET; THENCE SOUTH 70'22'15" WEST, A DISTANCE OF' 409.14 FEE?; THENCE SOUTH 88'48'03" WEST, R DISTANCE OF 178.54 FEET; THENCE NORTH 85'53'#5" WEST, A DISTANCE ~' 88.79 FEET; THENCE NC2i7H 88'48'42° WEST, A 01S'tANCE OF 80.84 FEET; THENCE SOUTH 00'p4'17' WEST. A DISTANCE OF 126,75 FEET; THENCE SOUTH 29'35'27" WE57 A OESTANCE OF 7{7.03 FEET; THENCE SOUTH 00'23'58' WEST, A DISTANCE OF 188.28 FEET TO THE POINT OF BEGINNING. CONTAINWG 7.54 ACRES (3?8,635 SQUARE FEET, MORE OR LESS. January 14, 2008 City Commission Public Hearing Item 505 Page 4 of 11 Existing Land Use -The property is vacant and undeveloped. It is vegetated and includes uplands, wetlands, and a portion of the Howell Creek floodway and flood plain. Adjacent existing land uses, zoning and FLUM designations include the following: Requesting Medium Density Residential with Vegetated Uplands, Wetlands, & a Conservation Overlay on those affected areas Subject Site portion of the Howell Creek Flood PUD (WS (WS) from Recreation and Open Space with Plain and Floodway Conservation Overlay on those affected areas WS North Wedgewood Tennis Villas Single pUD WS ( Medium Density Residential with Conservatio _.__.__.___ Family Residential Subdivisi_on_ ~- __ __ __ ~ Overlay on those affected areas (WS) _ - Tuscawilla Country Club Golf Recreation and Open Space with Conservation South Course, Vegetated Uplands, Howell PUD (WS Overlay on those affected areas (WS) Creek Flood Plain and Floodwa Howell Creek and Chelsea Parc High Density Residential with Conservation East Phase 2 Single Family Residential PUD (WS Overlay on those affected areas (WS) Subdivision West Tuscawilla Country Club Tennis pUD W ( S Recreation and Open Space with Conservation Courts Overla on those affected areas WS (WS) Winter Springs; (SC) Seminole County; (OV) Oviedo Development Trends - The proposed development, known as Tuscawilla Greens includes fifteen (15) buildings of four (4) units each, equaling sixty (60) condominium units. A cell tower was recently approved on a small portion (approximately 50'x50', of parcel 8) of the Tuscawilla Country Club Golf Course property to the west. Proposed Future Land Use Classification -The applicant is requesting a change in the future land use map designation from Recreation and Open Space with Conservation Overlay on those affected areas (WS) Residential with Conservation Overlay on those affected areas (WS) to Medium Density Residential with Conservation Overlay on those affected areas (WS). Letters/Phone Calls in Favor or Opposition -Several inquiries for information. COMPREHENSIVE PLAN AMENDMENT ANALYSIS: The maximum development potential of the 7.54-acre site under a "Medium Density Residential" designation is 67 residential units. However, the Settlement Agreement binds the site to no more than 60 condominiums. Therefore, the following analysis is based on the impact of 60 units. Data and issues which staff analyzed in reviewing this application are as follows: Justification for Future Land Use Desi ng a~ -The requested future land use map designation is necessary to implement the terms of the Settlement Agreement and is compatible with the general character of development in this area. Public Facilities - Transportation- Access is available from Winter Springs Boulevard. Winter Springs Blvd. is classified as a collector road. A trip generation summary (prepared by GMB Engineers & Planners for the Applicant) indicates that the net impact of the maximum development potential under the proposed land use amendment is an additiona1474 daily trips (ITE Code 230) and an additiona145 peak PM trips. Winter Springs Blvd. currently operates at a LOS D. All roadway segments are projected to operate acceptably with the addition of the project traffic. January 14, 2008 City Commission Public Hearing Item 505 Page 5 of 11 Sanitary Sewer- An 8" sanitary sewer outfall line also extends into the property from the golf course and extends along the south side of the Winter Springs Blvd. right of way. Capacity is available. Potable Water- A 12" potable water line extends along the north side of Winter Springs Blvd. Capacity is available. Drainage- Stormwater runoff from the site currently discharges into Howell Creek, which discharges into Lake Jesup. Lake Jesup is an impaired water body due to excessive levels of nitrogen and phosphorous. The Total Maximum Daily Load (TMDL) program mandated by the State requires reductions in pollutant discharges in the Lake Jesup Basin to restore the lake's water quality. Due to the site's proximity to Howell Creek, stormwater treatment shall meet SJRWMD criteria for no net increase in the post-development phosphorous loading. Recreation- Purchasers of the condominium units will receive a minimum level recreational membership at the Tuscawilla Golf and Country Club, as stated in the Settlement Agreement for purposes of satisfying the City's recreation level of service requirements under the Comprehensive Plan. One battery of tennis courts will require relocation as a result of the development. Additionally, the Developer has agreed under the terms of the Settlement Agreement to construct an additional battery of tennis courts on golf course property. School Concurrency- Prior to final site or subdivision plan approval, the developer will be required to obtain a School Capacity Availability Letter Determination (SCALD) from Seminole County School Board to ensure that necessary school facilities are in place as required under the terms of the 2007 Interlocal Agreement for Public School Facility Planning and School Concurrency and the Public School Facilities Element of the Comprehensive Plan. Nuisance Potential of Proposed Use to Surrounding Land Uses - The requested future land use map designation is compatible with the general character of development in this area which includes High Density Residential, Medium Density Residential and Recreation and Open Space. Additionally, the City has development standards in its land development regulations to minimize impacts on surrounding properties through buffering. The City's land use development regulations and the site plan review process can ensure the prevention or minimization of any potential nuisances. Justification for Future Land Use Desi nation -The requested future land use map designation is necessary to implement the terms of the Settlement Agreement and is compatible with the general character of development in this area. Natural Lands Compatibilit~- Environmental concerns include impact to the Howell Creek floodway, the 100-year flood plain and existing on-site wetlands, reduction in wildlife habitat and tree canopy. The site is heavily vegetated and its development into residential units will have significant environmental impacts which are required to be mitigated. An individual Environmental Resource Permit (ERP) is being sought through the SJRWMD in order to carry out the development. January 14, 2008 City Commission Public Hearing Item 505 Page 6 of 11 Floodway- Howell Creek is a major regional floodway that flows through the site from south to north across the southeast portion of the property. Howell Creek originates in the City of Orlando and runs for approximately 15 miles to its discharge point at Lake Jesup. Howell Creek is the predominant drainage feature in the Howell Creek Basin, which has an overall watershed area of approximately 55 square miles and encompasses ten jurisdictions in Central Florida. At the proposed site, the FEMA flood maps identify Howell Creek as being within the 100-year floodplain. The 100-year floodplain is an area representing the land subject to cone-percent or greater chance of flooding in any given year. At a creek or river, the FEMA flood maps frequently divide the area of the 100-year floodplain into a "regulatory floodway" and a "floodway fringe" (see sketch below). 104 Year FloadD~~ 144Year 140Yeat Uner+craad+ed - ~ Encroached ~..____ Floodway $ ~ ~~ Frk~r~e Frinps (a~ [tea Sec~-o++ (bj pisx~ V'upw The regulatory floodway is the flowing portion of the drainage channel and is considered an extremely hazardous area due to the velocity of floodwaters which carry debris, potential prof ectiles, and erosion potential (ref. City Code Section 8-55, below). Section 8-55 of the City Code, Standards for regulatory floodways, states "When floodways are designated within areas of special flood hazard, additional criteria will be met. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions shall apply: .._,....., Fringe Fringe January 14, 2008 City Commission Public Hearing Item 505 Page 7 of 11 (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other developments. (2) The prohibition shall not preclude the city or other governmental agency from performing maintenance or flood control improvements in the floodway to maintain the viability of the floodway. " Because of its hazardous nature, all encroachments into the regulatory floodway are prohibited under the City Code, including fill. The floodway fringe is the area between the floodway and the 100- year floodplain boundaries. Encroachments into the floodway fringe are not prohibited by the City Code but are not recommended due to the impacts these encroachments could have on the channel cross section and the hydraulic performance of the channel. The proposed development plan shows two encroachments into the regulatory floodway. One is at the building located at the east end of the east cul-de-sac, and the other is at the proposed stormwater pond at the south end of the site. These encroachments are prohibited by City Code and cannot be allowed unless the floodway limits on the FEMA map are officially moved by a Letter of Map Revision (LOMR). The developer has indicated that they intend to pursue a LOMR through FEMA to relocate the floodway limits based on inaccuracies on the existing flood map. The floodway limits for Howell Creek on the flood map do not coincide with the actual limits of Howell Creek in some areas, especially near the north end of the site where the creek meanders to the east. Staff supports changes to the flood maps that make them more accurate when sufficiently supported by engineering analysis. The Applicant is proposing two phases for the development. Phase I consists of 14 buildings and includes all buildings that do not directly encroach into the regulatory floodway. Phase II includes one building that encroaches into the regulatory floodway. Phase I includes two buildings that impact the floodway fringe, and another three buildings that could impact the floodway fringe with fill depending on how the site is graded. Each building contains four condominium units. Encroachments into the floodway fringe are not recommended. Impacts to the floodway fringe can be minimized through the use of retaining walls. The table below summarizes the 100-year floodplain impacts as shown on the approved concept plan. Summary of 100-Year Floodplain Impacts Condominium Units Encroaching the Existing Re ulato Floodwa Condominium Units Encroaching the Floodwa Frin e Condominium Units that may impact Floodway Fringe due to fill Phase I 0 8 12 Phase II 4 0 0 Total 4 8 12 Floodplain- The site lies within the 100-year and 500-year floodplains. Comprehensive Plan Infrastructure Element Objective IV-D-3 states "The City shall restrict development within the 100 year floodplain to those uses which will not adversely affect the capacity of the floodplain to store water. " January 14, 2008 City Commission Public Hearing Item 505 Page 8 of 11 Comprehensive Plan Infrastructure Element Policy IV-D-3.3 states "Where feasible, the floodplain shall be reserved for conservation, open space and recreation uses to preserve the natural flow of runoff. " The floodplain issues can be mitigated by reengineering the floodplain and providing extra compensatory storage to intercept some of the flow. Current volumes, velocity, and elevation characteristics ofthe floodplain would be required to be maintained and compensating storage ponds would be required to provide a stormwater storage volume equal or greater than the areas within the floodplain that will be filled. The compensating storage areas are proposed on the golf property, outside of the subject property. Staff has concerns about possible encroachments into the 100-year floodplain at this site, for the following reasons: 1. Howell Creek is a floodway of regional significance that drains a watershed 55 square miles in area. Changes to the channel cross section, including encroachments into the floodway fringe, could reduce the channel capacity and/or create additional adverse impacts. 2. Creek bank erosion has been a problem in the past at this location for several adjacent Chelsea Parc properties abutting the east side of Howell Creek. In 2005, a creek bank stabilization project was constructed along the east side of the creek under the City's emergency watershed management agreement with the Natural Resources Conservation Service. The prof ect included retaining walls and other erosion control items at a total cost of approximately $48,000 to the City. 3. The compensating storage ponds are located upstream of the floodplain areas impacted by the project. While the overall compensating storage volume maybe sufficient, the changes to the channel cross section at the floodplain encroachment areas could still cause floodplain changes not completely mitigated by the compensating storage ponds. The applicant will be required to demonstrate the following: 1. No increase in the base flood elevation on any upstream, downstream, or adjacent property; 2. No changes in the channel velocity upstream, downstream, or at the site; and 3. Compensating storage ponds have adequate volume, are located in the same drainage sub-basin, provide all compensating volume above the seasonal high groundwater level and below the base flood elevation, and they are functional such that displaced stormwater runoff can be diverted into the compensating storage ponds. Wetlands- The Applicant's ecological consultant (Breedlove, Dennis and Associates) has flagged the wetland line, pursuant to the Army Corps of Engineers' criteria. According to the consultant's report, the wetland is degraded and there were no observations or evidence of protected species on-site. Under the proposed development plan, a total of 3.32 acres of on-site wetlands and .06 acres of off- site wetlands will be filled as a result of the construction of the condominiums and associated stormwater management system. Additionally, a total of .18 acre of upland cut ditch (surface water) will be impacted as a result of the proposed development of the property. A Dept. of the Army. Corps of Engineers Individual Permit is being sought concurrently with the SJRWMD ERP. The 3.38 acres of wetland impacts is proposed to be mitigated by preservation of other wetlands, January 14, 2008 City Commission Public Hearing Item 505 Page 9 of 11 creation of new wetlands and the preservation of undeveloped uplands. As part of the mitigation, the developer is proposing to place the area of Howell Creek into a conservation easement. The development potential of the site is as follows: Mitigation Strate~y Building Units 1. No mitigation -avoiding wetlands, floodplain, and floodway 12 2. Mitigating wetlands only 48 3. Mitigating wetlands and floodplain only 56 4. Mitigating wetlands, floodplain, and floodway 60 Consistency With The Comprehensive Plan - The site will retain its Conservation Overlay designation. Future Land Use Element Policy 1.1.7 states, "Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas, hydric soils/wetlands (as defined in the Conservation Element), special vegetative communities, areas within a public water well radii of S00 feet, 100 year floodplain areas, and other areas subject to environmental or topographic constraints. Conservation Overlay areas are subject to the following conditions for approval: • A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the Future Land Use Map, shall be determined prior to issuance of any development approval. • The Conservation Overlay area on the Future Land Use Map is not to be considered the exact boundary of the conservation area, but to act as an indicator of a potential conservation area. The exact boundary shall be determined by a qualified professional at the expense of the Developer. • The Conservation Overlay area is not all inclusive and other areas that do notfall within the boundaries that meet the definition of conservation areas are also subject to the regulations affecting them. • Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. • Natural resources discovered as a result of the required Environmental Impact Study will be protected. The Environmental Impact Study will require that a qualified professional analyze the natural functions of eco-systems and connectivity of resource corridors. A conservation land use designation or a conservation easement will be required to protect the functions of natural resources. Mitigation may be allowed on a case by case basis through the appropriate reviewing agencies. • If an area within the Conservation Overlay area is determined to be developable and all mitigation requirements have been met, then the underlying land use on the Future Land Use Map will apply. • A change from Conservation Overlay to a Conservation Land Use designation will not require State approval if the area is already shown as Conservation Overlay on the Future Land Use Map. January 14, 2008 City Commission Public Hearing Item 505 Page 10 of 11 • Any property in a Conservation Overlay area is encouraged to undergo the planned unit development procedure which includes site specific plan approval and the clustering of density to protect these areas. " Policy 1.4.1 of the Conservation Element in the city's Comprehensive Plan (CE) states, The City shall continue to protect the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map and the Conservation Land Use category, as defined in the Future Land Use Element. Wetland, floodplain, and floodway mitigation issues on the subject property must be satisfactorily addressed in order to permit the sixty residential condominium units to be constructed. All such encroachments are subject to review and approval by the City and FEMA. CE Policy 1.4.6 states, If direct impact on upon wetlands by compatible uses cannot be avoided, the following mitigation measures are applicable: • Mitigation will be allowed based upon no net loss of wetland functions. • Comply with the wetland protection standards of federal, state, regional, and county agencies. • Minimize impacts through innovative design layouts. • Compensate for impact by enhancing other degraded wetlands on-site, restore natural functions of other wetlands on-site, create new wetlands on-site, preserve significant upland areas, or off-site mitigation. • A Wetland Alteration Permit must be obtained from the City unless federal, state, or county permits eliminate the need to obtain one from the City, as determined by the City. • Mitigation through restoration of degraded wetlands on-site or preservation of significant upland areas on-site will be encouraged rather than wetland creation. Sensitive environmental areas will be placed in a conservation easement (CE Policy 1.4.4). No deviations from comprehensive plan requirements are permissible (Section 163.3194, FS). FINDINGS: (1) The proposed amendment will increase the property tax revenue generated by residential properties in the City once the property is developed. This increase will be somewhat offset by the cost of City services required. (2) The proposed amendment will not diminish the level of service (LOS) of public facilities. At such time as the site develops, the proposed development will be required to meet concurrency standards, so that impact on public facilities and services is accommodated. (3) Impacts to the environment will be mitigated in a manner acceptable to the City so that there will not be an unfavorable impact on the environment or the natural or historical resources of the City or the region as a result of the proposed amendment. Sensitive environmental lands will be required to be placed into a conservation easement. January 14, 2008 City Commission Public Hearing Item 505 Page 11 of 11 (4) The proposed amendment is consistent with the goals, objectives, and policies of the state comprehensive plan set forth in chapter 187, Florida Statutes, and the East Central Florida Regional Policy Plan, adopted by Rule 29F-19.001, Florida Administrative Code; (5) As an infill prof ect, surrounded by existing development, the proposed addition of condominium units in this area will enable Winter Springs to provide services in a more efficient manner; (6) The amendment is compatible with the surrounding neighborhoods and land use; Winter Springs Blvd is an urban collector roadway which has capacity for the additional traffic. (7) The amendment will not cause the comprehensive plan to be internally inconsistent; and (8) The proposed amendment will not adversely affect the public health, safety, welfare, economic order, or aesthetics of the city or region; and will not adversely affect the contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191, Florida Statutes. STAFF RECOMMENDATION: Staff recommends that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2007-24, a Small Scale FLUM Amendment changing the Future Land Use Map designation of 7.54 acres, located on the south side of Winter Springs Blvd., immediately west of Howell Creek and Chelsea Parc at Tuscawilla Subdivision from (Winter Springs) "Recreation and Open Space" and "Conservation Overlay" (on those affected areas) to (Winter Springs) "Medium Density Residential" (3.6 DU to 9.0 DU/acre) and "Conservation Overlay" (on those affected areas). P&Z /LOCAL PLANNING AGENCY RECOMMENDATION: At a regular meeting of the Planning & Zoning Board/LPA on November 7, 2007, the Board / Agency recommended unanimous approval of Ordinance 2007-24, with a vote of 4-0. ATTACHMENTS: A- Noticing in the Orlando Sentinel B- P&Z/LPA Minutes from Nov. 7, 2007 C- Ordinance 2007-24 including Map & Legal Description D- Future Land Use Map, November 2007 CITY COMMISSION ACTION: ATTACHMENT A sE SUNDAY, OC70BER 28; 2007 ~ ~ 5 ~- L notices 'lorida 33410 ~E PELLAR E DURAND i. Ri4hmond Illimis 60618 squire 6 Ml, 2e, 2ogT 'OURT FOR FLORIDA DIVISION !07•CP-001657.0 ridge: PtobeU Frogs fM,estate of 1, deceased, as March 10, lol Security Is pending )n )range Couo- Division, the 25 North Or- ido, Flortdo addresses of entative's ot• bw. ]ededent and clnims or de• nt's estate on notice Is re- snd must file court WITH- ' 3 MONTHS E OF THE )N OF THIS ~YS AFTER 2VICE OF A 60TICE ON 5 THE TIME tTH ABOVE, AFTERH!? OF DEATH icotian of this 7 SENTATIYES: it Rodgers alley Drive Flortdo 31719 rd A. Rodgerz 1111 Ulysses Cdorado 80101 ONAL' ui~re revue ~1, 28. 1007 ACTION IS21 Autumn I]BSE30 winneit °D that on as d for parllflon ty In Seminole wit: t90 Abbo ,rings, Florida, nst you in the r 18th Judicial mlrale County, os Alfonso and s. Geeryye An- so.: 06{A-4687 ed to serve o in defenses, It ds P. Gleason, whose address ,Orlando, FI vember is, 2007 with fix Clerk before servlte orney or imme- otherwlse o de sd a9oinst you :d In the com• r I, 2007 'suit Jud~~yye Wrl1,1B, The a ed by tnev may appear ar the meering and may be heard with respect fo IM proposed ordinance item. S1S5460/0 102V07 CITY OF WINIER SPRINGS LOCAL PLANNING AGENCY WILL HOLD-- motle by fM Local Plonnin Agen- cy with respect to anyY trgt~er,con sidered at Thls meeTing, You will need a record'of tM'prosrledings, and for such purposes, yoV may need to ensure~lfwt a verbatim re- cord of the proceedMys Is made uppn which the appeal Is hosed. In- terested parties are advised that the pmmgY. appear at thf! meeting ~s529°o3 a ~ ina,ce rte , .: NDTH)E:OF. PUBLIC N~MtNA. You are herebyy ndtlfied~that;fhe Belle Isle CITY Coundl will Fold at tgPublic He~alr0in0 on TeesGry Nor}elber [it~yHall Coun~cEliCh°mb~ef(as~s~ Neta Avenue Belle isl ,Florida 31809 at whicF meetln0 follow- ing item(s) will be cons Bred: 1w ee P N 1 •7ii7e-Yr ililq -r W. B,4iendber ~d . npn• Belinda' L. 8oteman; MMC City Clerk OL5517298 107!8/07 Rlr~ iLi~'I1 Lam[ 1.1~[i~ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR GRANDE COUNTY, FLORIDA CAST N0: 10117-CA,-01~21-0 pp pp~(AA~5 ~~gDtrmwpor77 ~RO~~N~~NMQRSGAG S P dlntiff,' ' NOflCE Of SALE. an IM tlsse F~{neablYJpu(dgmprietif of Forqa-' n~ti cauce41Swl1tesmeU thr~~rop~er=- `~p~ar5i~tla~tdepspcyry~bgepd~Q, ~GCEpCPod6nt~yp, Tp(HAETrpLpApi~TNE~RTE•Opf~ifASS88RF~.OROEBQ IN OpUtH~E PUBLI AIIECOADi t`OnnAH~ alWa 1td5ROMRlandavllle Drive, Orlando, Flortdo 32824 at public sale, to 1M highest and best bidder, for cash, the Orange County Courthouse looted of 115 North Orange AvenueQ, Sulle 350, Orlaqndo Florida, at 1fA0 e'dapk sza. on Nar. ~, 20P7. PUBLIC HEARINGS FOR AnY Person claiming on Interest In the surplus from fM sole, if any, pRpINANCE N0. 100118 ~ ether then the pr perry owner os t f 1 AN ORDINANCE OF 7M C1TY COMMISSION OF THE CITYOF RINGS FLORIDA R M date of tM Its xndens mus o file o claim within 60 days after the sale WINTE SP AMENDING CHAPT~R ~ ON• ~ . . rid thl d d Fl 0 NANCE9THERE~ATEO ~ DTO PLANNED UNIT DEVELS+P• F r~~ o, a a, s aY coat 9 ~ Lydia Gardner rt Cl k f iM I it C MENT; AMENDING THE DDt I• NITION OF GROSS RESIDEN• er rcu ou o (CIVIL COURT SEAL TIAL ACRE AND PROVIDING A DEFINITION AND DENSITY By: Lacorsha-Whitmore ut Cls(k /b 8~li l Lf ilk -FOR MIXED R SIDENTIAL G OF l 6 E PRO D t PV0 Ysssras~8t~ww s ro s ryw s sce s el o eb e ~ F ~r~r c c T ~~ ~ p 7 ~ ~ M M M e~ eN w e sn e MNi~a NOTICE OF PUBLIC SAIF PERSONAL PROPERTY OF THE FOLLOWING TENANTS WILL BE SOLD FOR CASH TO SATISFY RENTAL LIENS IN ACCORD- ANCE WITH FLORIDA STAT• UTES SELF STORAGE FACILI• TY AST, SECTFON$ 83.806 AND e3•eD7; U$OCR-R SELF iTORAGE UNIT 101. ALANINC. /~J/lAl1~JApIS01~ a 1Or11, 18, 1007 .PERLSOyN~IAL PRQPERTYLOF THE SOIL.DOF!)q LASHATOSSAITISfY ANNtNE WI FFEFLORIpAA S~A~- UTES, SELF STORAGE FACILITY ACT, SECTIONS 83.006, 83-807. PERSONAL MINI STORAGE WRSYTN UNIT 1609 MCICHpoAEL WANG UNIT 1361 ELLEN MMc E~NUZIO UNIT ! S ~ TER ~U~NIT k~13(KS Vf5 VARGAS SAN~IAt}0 OENNY CELEST{NO UNIT I /l KEVIN SCOTT 'CO~TTNTHHEEENTS MAY INCTTLUOSEE, gKEDQISSN~~~iHLUGEEGAO~E ITOYS, ~F~NNURNttITURE~ T00L~cAG~OTH~ TLH~RSESS NO~TI7LEEE~~OR~VEHI- pC1NNERSLRESERVE THELRIGHT TO BID ON UNITS. LIEN SALE TO BE HELD ON THE PREMISES ON 71(07107 lVI~EWING W1 l BE AT THE ,TIME OF SACE~ONLY. .' P RSONAI MINI STORAGE F~RSY77H 2B 5 ORSYTH RQAD yyyyINTERR PARK,, L 327y2 OLSSIIS7J 10411,28, 1007 IN THE CI CCpp IT COURT OF THE 9THiN~ANO FORIRCUGE COUNTY. FL IDA GENERAL JURISDIC ION . CASE N0. ~ IS~IO~N 6~NEML ELECTRIC CA-{TAL CORPORA- 1PlaintlH, ~ ~vs i~FiNA1'ffX~RIUAEfN /A~TEL, Defendants. NOTICE OF ACf10N YOII ARE HEREBY NOTIREO ~f fhs insfl- tut an of this action aak~a nsf YYoouu by the Plaintiff GENERAL,ELEG TRs4 CAPI~AL CORPORATION, Set ng 10 Compel fe1a10 Derma- nent~SieSS ion of tM Equipn»nt end o} r damages resulting from fM Iailure to make Payment. Yak the original of the written de• es with fM clerk of this court tr before service or immedlole• xreafter. Failure to serve writ defensec as required may re- in a judpmenT or order for the If demanded In the aefltlon, put Iur1Mr notice. NESS mv'hand and the seal of (CIRCUIT COURT SAL) By: L nda Styty. W ott SL530498 ~1~8u1V1~20.07' IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND fOR ORANGE COUNTY, FLORIDA c CASE N0. q-1D ISION b 199 M Tb BISHOP MONTERO V1N0 JAIL}31P/WP007306. NOTICE OF FORFEITURE To Hiram R: Ortiz, and oII persons wM claim on interest Pn the 1998 Mitau lshi ontero, VINe JA/L531PMWP00 306 selied on or about 7131!07 at or about 5715 S. Lee Ann Freeman Pplite Legal Advisor Orlando, Police Department P.0. Box 913 Orlando, Florida 32804.0413 (107) 116.4161 Fla. Bar No: 0570321 1 HEREBY CERTIFY shot d true and corv recT copy of tM foregoing Notice of ForteiTUre and o-true and correct copy o~ the rPFetition fo Finn! Judg- Dy n(~t.5 F matt e~ treMw91dav 0! Sapd• (amber 2007, to all persons entitled to notice. Lae Ahn Freeman ocsslee3e 1OV21, 1B, 2007 IN TH'E CIRCUIT CO~CRT OF IN ANO FOR yOR~AN~~Iflp,,~p7CcCOVN}TAY, FLORIDA E O(VItION NUMeER:T70! IN RE FORFDTURE DF 59,700.00 IN U.S. CURRENCY ~~.~~{{Npp6nCC(gqFEE++/oF WFUEITURE COMPLAINT ORLANDO, DT CHARLIE MDf10 IA ilY0 xo'x5xo"'uilw~Da CA'81807 and ell others who claim on inter- est In 59,790.00 n U.S. CUrrencv, which was se zed o22n0000or aDOUt the i6iyond1s°.yKirkmao Roa0~p0ian e i Ihothe custody of the She rff of OrS on9a County. A Complaint for for• {elture hoe been filed in tM above- I styled Court, t HEREBY CFATIFY that this Notice Is being served Dursuontto tfx notice p ovlslons of Flarldo Statutes ~~ Oi•70T, this 12 day af~ October, Ann Marie Deloliunty Lerida Bar No. 006513 Ass slant General Counsel Orange County Sheriff's Otfice Le99a1 Servlces'Section 2500 4Nest Colonial Drive Orlantdo, FL 31801 OL5523701 1Wl1 2~ 4070 NIIFOR oRAN~If'.n0u~IL FLORIDA FOB CAtE N0. /0.2~f„µ0i/ IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR ORANGE COUNTY, FLORIDA GENERAL CIVIL DIVISION Csse Na. 1007-CA•12114 Divisioe 33 PALA220 OEl tAGO COMMUNITY DEYEL• OPMENT DISTRICT, Plaintiff; - TNE STATE OF FLORIDA AND THE TAXPAYERS 'PROPERTY OWN- ERS AND CITIZENS OF PALAZ- ZO DEL LAGO COMM~INITY'DE- VELOPMENT DIST1ItCItT, 1N- CLUDING NONRESIDENTS OWNING PROPERTY OR SUB• JECT TO TAXATION THEREIN, Defendant. NOTICE AND ORDER i0 SHOW CAUSE WHyy SAfO BONpS SHOULD NOT BE _jYAU0ATE0 AND CDNNRME0 TO THE STATE OF fLORIpA, AND THE TAXPAYERS, PROP- ERTY OWNERS AND CITIZENS OF PALAZZO DEL LAGO COM- MUNITY DEVELOPMENT DIS• TRICT, INCLUDING NON-RESI- DENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN: IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: B7-Cil tttri-0 DIVISION NUMBER: >Z IN AE: FORFEITURE Of 1998 CHEEVY PICKUP.TRUCK VIN lGGC519X2WBit7587 - CITY GF NM1NTFA SPRINGS LOCAL PLANNING AGENCY WYLL HOLD PFORIC HEARINGS ON WEDNESDAY,' NOVEMIFA 7 T T ~pS P.M. OR SOON TREfl€I~FTER I~ ~HE COMRIIS- 61NgATEOA RS TxE MRNTELRO SPR{N(i5 RCp11AYpNALL ~ W1118 ASTSP~RINTOE£ FLORIDA L #~t~T~~E-QF C`HAN~GES Tn THE C(~MPR~EHEI~ISIVE PLAN CIT~(.'~~F W~iMTER SRR~NGS NOTICE iS HEREBY GIVEN THAT THE CITY 60MMISSiQN OF THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT:. or City ORDINANCE N0.2007, 24 - ! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS,' FLORIDA, ADOPTING A SMAtiL SCALE FUTURE LAND USE MAP AMENDMENT:BY CHANGING T°HE FUTURE LAND USE MAP DESIGNATION OF THE RERL PROP- '. ERTY CONSTITUTING PORTIONS OF TWO' (2) PARCELS TOTALING 7.54 ACRES MORE OR LESS AND GENERALLY LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUS• CAWILLA SUBDIVISION IN WINTER SPRINGS, FLORIDA; AND M013E PARTICULARLY DEPICTED ANt) LEGALLY DESCRJBED ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER SPRINGS ""1;ttECREATION AND OPEN SPACE." WITH CONSER- VA'FION> OVERLAY TO CITY OF WINTER SPRINGS "MEDIUM .DENSITY RESIDENTIAL" WITH CON!$ERVATION .OVERLAY; ~PROVIDWG FOR THE REPEAL OF. PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCOR- PORATION INTO THE COMPREHENSIVE PLAN, AND AN . EFFECTIVE DATE. Locatlon'Map ,~,. . PUBLIC HEARING eJll 8 ~ FOR'SECOND & FINAL READING , boVe W(LL BE HELD ON P pro- MONDAY; .tAN.14, 2008 AT 5:'15. P:M. el:0~d OR"SOONTHEREAFFER INTHE COMMISSION CHAMBERS- ' LOCATi=D qT. THE WINTER SPRIN08'CtTY HALL 1125 EAST STATE RDAD.434 , ININT'EA SPRINGS; FLORIDA The propCSed ordinance may be obtalneii-by lratevesied:pardes between S a:m. acid 5.p.m,,: Monday~lhrough Friday, at,fhe City's , Clerk's Offla, located at 1126 E. SR 434; Winter Sprfngs; Flotlda. (~ For moreinformation, call (407) 327-'1800'227, Persbns vrith'dls• - . abUltles needing assistanee to perUcipate (n any of these proceeif• .J• Inge should contact the Employee: Relatipns . Depaitertsnt Coordinator, 4'8 Hours in advance of the .meeting. at (40.327- 1800,#236. This #s a public. hearing Jnterested paities are Advised that:they mayappear at the meeting antl, be liear~ with retspegt to . the proposed ordinances: lY}tou decJde to appeal my tecomnieri• atiori or decision made !iy the City Commission wtth respect to, any matter considered at this meeting, you will :need a recbrd of 'the proceedings, and for such purposes; you'msy need to encore . that a verbatim record of the proceedings !s made upon which the appeal 'ie based. ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARDlLOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 3 OF 9 VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN HEATWOLE: AYE CHAIRMAN POE: AYE BOARD MEMBER RYSER: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department -Planning Division Requests The Planning And Zoning Board/Local Planning Agency Hold A Public Hearing To Consider Ordinance 2007-24, A Small Scale FLUM Amendment Changing The Future Land Use Map Designation Of 7.54 Acres, Located On The South Side Of Winter Springs Boulevard, Immediately West Of Howell Creek And Chelsea Parc At Tuscawilla Subdivision From (Winter Springs) "Recreation And Open Space" And "Conservation Overlay" (On Those Affected Areas) To (Winter Springs) "Medium Density Residential" (3.6 DU (Dwelling Unit) To 9.0 DU (Dwelling Unit)/Acre) And "Conservation Overlay" (On Those Affected Areas). Ms. Sahlstrom introduced this Agenda Item and said, "Staff does support this change to Medium Density Residential but also recognizes that there are some issues to still be resolved as the Applicant moves forward with his development and with his mitigation." Discussion. Mr. Tom Corkery, 759 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members related to this project. Mr. Corkery said, "As far as what I am going to develop on there, there is no endangered species. 'There is none of that there. The vegetation wetlands is a very low grade. So far, our response and what we got from St. Johns [River Water Management District] environmental engineer is, we don't foresee any problems. One thing - I am concerned about, and being a citizen of Winter Springs, is to make sure that the flow at Howell Creek doesn't get disturbed at all. What I am trying to do with our Engineer -David Schmidt, is make that flow even better than what is existing out there." Mr. Corkery said, "We are taking approximately -three and a half (3.5) acres of existing Tuscawilla Country Club property not even in Parcel 7 - I am taking less of Parcel 7, approximately a little over -ten (10) acres, and I am only using approximately six point eight (6.8) acres of that - [Tuscawilla] Country Club property to build the sixty (60) carriage homes." Brief discussion on this project. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -NOVEMBER 7, 2007 PAGE 4 OF 9 Chairman Poe opened the "Public Input "portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input "portion of this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO APPROVE [AGENDA] ITEM `501' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER. SECONDED BY ADVISORY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER RYSER: AYE CHAIRMAN POE: AYE VICE CHAIRMAN HEATWOLE: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The Planning And Zoning Board Hold A Public Hearing For Ordinance 2007-29, Which Shall Amend The Text Of Section 20-351. And Section 20-354. Of The City's Code Of Ordinances With Respect To Part "A" PUD (Planned Unit Development) Density Calculations. Ms. Sahlstrom presented this Agenda Item. Chairman Poe opened the "Public Input" portion of this Agenda Item. No one spoke. Chairman Poe closed the "Public Input "portion of this Agenda Item. Tape 1/Side B "I MOVE THAT WE RECOMMEND THE PROPOSED PUD (PLANNED UNIT DEVELOPMENT) PART "A", CODE TEXT AMENDMENT AND RECOMMEND APPROVAL." MOTION BY ADVISORY BOARD MEMBER KARR. SECONDED BY VICE CHAIRMAN HEATWOLE. DISCUSSION. ATTACHMENT C ORDINANCE N0.2007-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING PORTIONS OF TWO (2) PARCELS TOTALING 7.54 ACRES MORE OR LESS AND GENERALLY LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER SPRINGS "RECREATION AND OPEN SPACE" WITH CONSERVATION OVERLAY TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH CONSERVATION OVERLAY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on November 7, 2007, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2007-24 Page 1 of 3 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from City of Winter Springs "Recreation and Open Space" with Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation Overlay. 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-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this City of Winter Springs Ordinance No. 2007-24 Page 2 of 3 Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2007. 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. 2007-24 Page 3 of 3 ESA' } ! ~! ;,. W [~, ._. , ~y~?cr ~ ~ I ~~lq, 3aq "'~o i ~A,rK ~' ~ ?ay . C j S, .;. i~ ~ ,zQ ~ s W ~ WINTERSPRIN638LW.... . ~.....,,.. r ..____. .. __,»..,. _ ~, .. ....._:..,L.....__ ,..,_.. _...__ _, , ~ ,_._. ~a '` Fl ~~` V \, QgF~s/p/////~ ,,,,/\. ;~~, SITE e.~ ~; ,' `~: ' ~y~, {rjf "•EY~ I 9~.~ ~ yt~,~R ~~ ;~ t3ESGRIP77C7N: A PORTION OF LOT 8; THE EAST'. PART OF PHILIP R. YOUNG GRANT, SOUTH BART, AS RECORDED IN PLAT BOOK 1, PAGE 3$, OF THE PUBLIC RECORDS OF SEM1NOlE COUNTY, FLORIDA. LYING IN .SECTION 7, TOWNSHIP 21 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORiOA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT TF1E SOUTHWEST CORNER OF LOT 10. CHELSEA PARC AT TUSCAWILLA PHASE t, A5 RECORDED IN PLAT BOOK 45, PAGES 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSCAWILLA PHASE i, PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST. A DISTANCE C)F 105.09 FEET; THENCE DEPARTING THE SOUTH LINE bF TRACT A, CHELSEA PARC AT TUSCAWILLA, PHASE 1, PLAT BOOK 45, .PAGES 82-83 NORTH 87'21'25" WEST, A DISTANCE OF 446.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'21'25" WEST, A DISTANCE OF 113.51 FEET: THENCE NORTH 67'55'28" WEST, A DISTANCE OF 136.13 FEET; THENCE SOUTH 23'12`11" WEST, A DISTANCE CIF 69.58. FEET; THENCE NORTH 66'47'49' WEST, A DISTANCE OF 151..45 FEET: THENCE NORTH 23'12'11" EAST,. A DISTANCE OF 115.99 FEET; THENCE SOUTH 69'44"14" EAST, A DISTANCE OF 75..19 FEET; THENCE NORTH 00'15'4&" EAST, A DISTANCE OF 11&.5S FEET; THENCE NORTH 61'13'03" EAST, A DISTANCE OF 11.74 FEET;. THENCE NORTH 00'24`38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43" EAST, A DISTANCE OF 193.64 FEET; THENCE SOUTH 89'58'38" EAST, A DISTANCE OF 299.33 FEET TO A PClINT OF CURVATURE OF A CURVE CONCAVE 5OUTiiERLY HAVING A RADIUS OF 2.252.44 FEET, A CENTRAL ANGLE. OF 12'18`30" AND A CHORD DISTANCE OF 491.51 FEET .WHICH BEARS SOUTH 63"49'21" EAST; THENCE EASTERLY ALCkVG THE ARC OF SAID CURVE A D15TANCE OF 492.46 FEET; THENCE SOUTH 72'0"7`4$" WEST, A DISTANCE OF 1$1.19 FEET; TH'ENGE SOUTH 70'22'15" WEST, A DISTANCE OF 109.14 FEET; THENCE SOUTH 68'49'03" WEST,. A 015TANCE OF 176.57 FEET; THENCE NORTH 85'53'45" WEST, A DISTANCE OF 96.79 FEET; THENCE NORTH 88'48'42" WEST; A DISTANCE OF 80.64 FEET; THENCE SOUTH 00'04'i7" WEST, A DISTANCE OF 125.?5 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03 FEET; THENCE SOUTH 00'23'58" WEST, A DISTANCE OF 168.28 FEET TO Tt1E POINT OF BEGINNING. CONTAINING 7.54 RCRES {328,835 SQUARE FEET), MORE OR LESS. :NT D~ I- ~~- 1 !' ___-.- _ ,/ ', Proposed Change 7.54 AC Legend ~ Recreation And Open Space - ~ ; To Medium Density Residential ~ C~nserva:io,70vertav tureLandUsc APE TUSCAWILLA ® Commercial GOLF COURSE Coruarvation ^_ .High Density Residents&t ~~ Low Density Residentia~ ~~~ / Medium Density Residential ;SITE ~ ot,t Public 7Semi-Public J Reaeetbr. Rural ReaideM!al 1, ,~~ T ~~ i~ ~ ~~r --l~v ~ --' t ~/ ~~~., a ~~ ~~ ~ j 1 ~~ ,.:.~ C`,~,i ~i ;~/ -;] Congressional Homes Developers of Florida _ _ _ Fie; Tuscawilla Greens 0 150 300 000 ~~ P. City of Winter Springs Proposed Future Land Use \; ORDINANCE N0.2007-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FUTURE LAND USE MAP AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING PORTIONS OF TWO (2) PARCELS TOTALING 7.54 ACRES MORE OR LESS AND GENERALLY LOCATED IMMEDIATELY WEST OF CHELSEA PARC AT TUSCAWILLA SUBDIVISION IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM CITY OF WINTER SPRINGS "RECREATION AND OPEN SPACE" WITH CONSERVATION OVERLAY TO CITY OF WINTER SPRINGS "MEDIUM DENSITY RESIDENTIAL" WITH CONSERVATION OVERLAY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. WHEREAS, the future land use map amendment embodied in this Ordinance is a small scale amendment to the City of Winter Springs Comprehensive Plan in accordance with Section 163.3187(1)(c), Florida Statutes; and WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed public hearing on November 7, 2007, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and has recommended adoption to the City Commission' and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby approves and adopts the Comprehensive Plan Amendment set forth hereunder; and WHEREAS, this Ordinance is being adopted in furtherance of the Third Amendment to Settlement Agreement entered into between the subject property owners, React Land, LLC and Winter Springs Golf, LLC ("Owners"), and the City which is recorded at Seminole County Official Record Book 6881, Page 235; and City of Winter Springs Ordinance No. 2007-24 Page 1 of 3 WHEREAS, this Ordinance affects a certain portion of the Tuscawilla Country Club property adjacent to Winter Springs Boulevard; and WHEREAS, Owners and the City agreed that Owners shall be permitted to construct up to sixty (60) residential condominium units on a portion of the subject property in exchange for the Owners' termination of certain development rights to construct single family residences elsewhere on the Tuscawilla County Club property; for the conveyance of conservation lands to the City on that same property; and for other consideration for the benefit of the public; and WHEREAS, the City Commission of the City of Winter Springs hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Goverrunent Comprehensive Planning and Land Development Regulations Act. Section 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the City of Winter Springs Comprehensive Plan. Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real property depicted on Exhibit "A" from City of Winter Springs "Recreation and Open Space" with Conservation Overlay to City of Winter Springs "Medium Density Residential" with Conservation Overlay. 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-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or City of Winter Springs Ordinance No. 2007-24 Page 2 of 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Incorporation into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall be incorporated into the City of Winter Springs Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in accordance with section 163.3187(3)(c), Florida Statutes, unless challenged within thirty (30) days after adoption of this Ordinance, then this Ordinance shall become effective at such time as the Florida Department of Community Affairs or the Administration Commission issues a final order determining the adopted small scale Comprehensive Plan Amendment is in compliance. No development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Winter Springs Comprehensive Plan and become a part of that plan and the Amendments shall have the legal status of the City of Winter Springs Comprehensive Plan, as amended. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of Januar , 2008. ~' ~~,~ Joh .Bush, Mayor ATT'E~: r t An a Lorenzo-Luaces, City Clerk Approv s to legal form and sufficiency for the inter Springs only: Anthony A. Garganese, City Attorney First Reading: November 26, 2007 Second Reading: January 14, 2008 Effective Date: Section 9. City of Winter Springs Ordinance No. 2007-24 Page 3 of 3 EXHIBIT SITE DESCR~P11t7N: A PORTION OF LOT 8, THE EAST PART OF PHILIP R. YOUNG GRANT, SOUTH PART, AS RECORDED IN PLAT BOOK 1, PAGE 3$, Of THE PUBLIC RECORDS OF SEIAiNOIE COUNTY, FLORIDA. LYING IN SECTION TOWNSHIP 21 SOUTH,. RANGE 31 EAST, SEMINOLE COUNTY,. FLORIDA, BEING MORE pARTIGULARLY DESCRIBED AS '.FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 10, CHELSEA PARE AT TUSCAWILLA PHASE t, A5 RECORDED IN PLAT BOOK 45, PAGES. 82-83; THENCE ALONG THE SOUTH LINE OF TRACT A, CHELSEA PARC. AT TUSCAWILLA PHASE I, PLAT BOOK 45, PAGES 82-83 NORTH 65'11'45" WEST, A QISTANGE OF 105.03 FEET;. THENCE DEPARTING THE SOUTH LINE OF TRACT A, CHELSEA PARC AT TUSOA4VILLA, PHASE 1, PLAT BOOK 45, PAGES 82-63 NORTH 87'21'25" WEST, A DISTANCE OF 448.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH $7'21'25" WEST, A DISTANCE OF 113.51 FEET; THENCE NORTH 67`55'28" WEST, A DISTANCE OF (36.13 FEET; THENCE SOUTH 23h2'11" WEST, A DISTANCE OF 68.56. FEET; THENCE NORTH 68'47'49' WEST, A 0l5TANCE OF '!51.45 FEET: THENCE NORTH 2372'11" EAST, A DISTANCE OF 115.89 FEET; THENCE .SOUTH 88"44'14' EAST, A DISTANCE OF 75.19 FEET THENCE NORTH 00'15'4&" EAST, A DISTANCE OF 118.55. FEET; THENCE NORTH fit'13b3" EAST, A DISTANCE OF 11.74 FEET; THENCE NORTH 00'24'38" EAST, A DISTANCE OF 183.86 FEET; THENCE NORTH 00'26'43' EAST, A DISTANCE OF 133.64 FEET; THENCE SOUTH 89'58'38" EAST, A DISTANCE OF ?99.33 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2,29244 FEET, A CENTRAL ANGLE. OF 12'1$'30" AND A CHORD DISTANCE OF 491.$1 FEET WHICH BEARS S(~lTH 83'43'21" EAST; THENCE EASTERLY ALONG THE ARG OF SAID CURVE A DISTANCE OF 492.46 FEET; THENCE SOUTH 12'07 45" WEST, A DISTANCE OF 161.19 FEET; THENCE SOUTH 70'22`16" WEST, A DISTANCE OF 109.14 FEET; THENCE 5~.1TH 68"49`03" WEST, A DISTANCE OF 178.51 FEET; THENCE NORTH 85'53'45" WEST, A DISTANCE OF 88.79 FEET; THENCE NORTH $&'4$'42" WEST, A DISTANCE OF 80.84 FEET: THENCE SOUTH 04'04'17" WEST, A DISTANCE OE 125.75 FEET; THENCE SOUTH 29'35'27" WEST, A DISTANCE OF 70.03 FEET; THENCE SOUTH 00'23'5$" WEST,. A DISTANCE OF 168.28 FEET TO THE POINT OF BEGINNING. CONTAMNIVG 7.54 ACRES {328,835 SgUARE FEET), MORE OR LESS. .NT D i _.. ~ r.. --- _'1 ~~ ;',~ __- Legend Cuitierva[ionOveiiay FutureLandUsc TYPE ' Commerdal ' Consorvadon ;' ^ High Density Residential _. v_ L.O~N Dens:ry Resitlenti~ tiledium Dersiry Residend Out `. .-~ ~' [~ Publc+Senf-Publlc f ! RecreaCar. j r _ _ ~ R~rel Resident ~~ ^ Sp1I: ~ ' / \ \ ~-;~ r'~/~`~ ,~ ,~ `~ ~- ,-I---, T. ~-~ WINTER SPRINGS BLVD. Proposed Charge 7.54 AC Recreation And Open Space L To Medium Dens+ty Residential TUSCAWILLA GOLF COURSE f i~~ ISI E~ !' ~? j'~ ~~~ 1~\ i~ `~ 7~ :,,~ inf. ~ ~~~;`~i '~~ ' J `, _~"' -- ~' ~~ _'~, Congressional Homes Developers of Florida ~ _....._._ Feet ~ Tuscawilla Greens ~ 0 159 300 FiCD ~ City of Winter Springs [~[sDwm[xclr[[nMC~L Proposed Future Land Use