HomeMy WebLinkAbout2007 03 26 Public Hearing 502 1st Reading Ordinance 2007-04
CITY COMMISSION
March 26, 2007
Meeting
Public Hearing
ITEM 502
Mgr./Dept
REQUEST: The Community Development Department - Planning Division requests the City
Commission hold a Public Hearing for First Reading of Ordinance 2007-04, adopting a Small Scale
FL UM Amendment changing the Future Land Use Map designation of an 8.8 acre parcel, located on
the north side of SR 434, east of the entrance to Barrington Estates and 600' west of DeLeon Street
from (Seminole County) "Rural-3" to (City of Winter Springs) "Conservation" and (City of Winter
Springs) "Commercial" with "Conservation Overlay".
PURPOSE: To resolve the fact that the subject property was never subsequently changed to a
Winter Springs' land use category after annexation from Seminole County in 2003 and to consider
the request of Stan Toledo for a Small Scale FLUM Amendment, changing the Future Land Use
Map designation for his property on SR 434, from (Seminole County) "Rural-3" to (City of Winter
Springs) "Conservation" and (City of Winter Springs) "Commercial" with "Conservation Overlay".
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4) : The Local Planning Agency shall have the general responsibility for
the conduct ofthe comprehensive planning program. Specifically, the Local Planning Agency shall:
( a) Be the agency responsible for the preparation ofthe 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 ofthe 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 Sprin!!s Charter Section 4.15 Ordinances in General
Winter Sprin!!s Article III. Comprehensive Plan Amendments
Section 15-30. Authority, purpose and intent;
Section 15-36. Review criteria;
1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or region;
2) Whether the proposed amendment will diminish the level of service (LOS) of public
March 26, 2007
PUBLIC HEARING AGENDA ITEM 502
facilities
3) 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;
4) Whether the proposed amendment is consistent with the goals, objectives, and policies ofthe
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) 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;
6) Whether the amendment is compatible surrounding neighborhoods and land use; Whether
approval ofthe 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
7) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes.
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application( s) at a Public Hearing, along with the staff review board's recommendation,
and recommend that the City Commission approve, approve with modifications (text only), or deny
the application for transmittal to the Department of Community Affairs. At a minimum, the Local
Planning Agency shall consider the same factors considered by the staff review board. The LP A
shall hold at least one (1) public hearing prior to making its recommendation to the City
Commission.
CHRONOLOGY:
July 28,2003- Effective Date of Annexation by Ordinance 2003-27. Note: The City Commission
previously annexed the subject property pursuant to Ordinance 2000-36 on November 27,2000;
however, Seminole County and the City of Oviedo challenged the annexation. On July 7, 2003, the
circuit court quashed the ordinance and remanded the annexation to the City Commission for further
proceedings consistent with the court's decision. Ordinance 2000-36 was quashed because the court
determined that the legal advertisement of the ordinance did not contain a legible map, however the
court held that the annexation was otherwise lawful. As a result the City of Winter Springs, adopted
the findings of the circuit court supporting the City's right to annex the subject property, and
annexed the subject property on July 28,2003.
Feb. 13,2007- Application received for Future Land Use change and Rezoning.
Mar. 7,2007- P& Z Board (LPA) heard the request and made recommendation of Adoption.
CONSIDERATIONS:
Applicant - Stan & Judy Toledo, 1746 Seneca Blvd.; Winter Springs, Florida 32708
Owner - Stan & Judy Toledo,Trustees; 1746 Seneca Blvd.; Winter Springs, Florida 32708
Parcel Number- 25-20-31-5BA-0000-0190
Acreage - approx. 8.8 acres
General Location - The site is located on the north side of SR 434, east ofthe entrance to Barrington
March 26, 2007
PUBLIC HEARING AGENDA ITEM 502
Estates and 600' west of DeLeon Street.
Legal Description - Lot 19, The Van Arsdale Osbourne Brokerage Coo's Addition to Black
Hammock, plat Book 1, Page 31.
Existing Land Use - The property is vacant and undeveloped. Adjacent existing land uses, zoning
and FLUM designations include the following:
Existing Land Zoning FLUM
Uses
Subject Vacant, Undeveloped Requesting (WS) C-l Requesting (WS) Conservation and
Site Neighborhood (WS) Commercial with
Commercial from Conservation Overlay from (SC)
..... . (SC) A::~......_._ Rural-3
.................. M_.._._.._.._._...___'''M_''"''_M_''___'''___''^~_'_'_'..__.______._.._._.,_
North Agriculture - Growing A-3 Agriculture (SC) Rural-3 (maximum of one dwelling
of Ornamentals in Winter Springs unit per 3 acres) (SC) in Winter
Springs
_._._---~---_.._-_.~--_._._~-_.._..
South Vacant, Undeveloped A-I (SC) Low Density Residential (SC)
East Vacant, Undeveloped A (OV) Low Density Residential (OV)
--
West Vacant, Undeveloped Requesting (WS) C-l Requesting (WS) Commercial from
Neighborhood (SC) Suburban Estates
Commercial from
_____.___.______...'H'_ (SC) A-IO
(WS) Winter Springs; (SC) Seminole County; (OV) Oviedo
Development Trends - The property immediately west of the subject property was annexed into
Winter Springs in February.
Proposed Future Land Use Classification - The proposed future land use map designation from
Seminole County "Rural-3" to Winter Springs "Conservation" and Winter Springs "Commercial"
with "Conservation Overlay" is appropriate and compatible with the general character and intensity
of traffic in this area. Other properties in Winter Springs in this area have a future land use of
commercial, with the exception of Barrington Estates.
Letters/Phone Calls In Favor Or Opposition - None to date.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues which staff analyzed in reviewing this application:
Justification for Future Land Use Designation - The requested future land use map designation has
been determined by evaluating the character ofthe SR 434 arterial corridor, as well as evaluating the
land use on other parcels in the City in the general area.
Concurrency - The request for a small scale comprehensive plan amendment which is viewed as a
preliminary development order (where no approval for construction is made) is not subject to
Concurrency. Concurrency review has been deferred until application for a final development order
for the subject property, in accordance with the Concurrency Management System established in the
City's Comprehensive Plan.
Public Facilities - Access is available from SR 434. SR 434 is classified as an urban arterial.
City sanitary sewer and potable water is currently less than 700 feet from the property. By
extending the 12" sewer line, it could continue northward to create a continuous loop to the existing
8" line on the eastern side of Barrington Estates. When the property is developed, post run-off
March 26, 2007
PUBLIC HEARING AGENDA ITEM 502
development cannot exceed pre-development run-off. A clear recorded easement for the pipes and
swales will be required and must be definitive for maintenance of structural facilities.
Nuisance Potential Of Proposed Use To Surrounding Land Uses - The intent of the future land use
designation of the property is to apply a Winter Springs' Future Land Use Map designation that is
consistent with the surrounding land uses and objectives for the future of Winter Springs. Most of
the SR 434 Corridor has a Commercial land use with single family residential uses behind. The
adjacent property to the west is also requesting a land use of Commercial. The nuisance potential of
the proposed use resulting from the change of future land use designation from Seminole County
"Rural-3" to Winter Springs "Conservation" and Winter Springs "Commercial" with "Conservation
Overlay" should be minimal in view of the following:
The portion ofthe site to the north is a vegetated wetland area and will be designated with a future
land use of Conservation. In addition, 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.
Natural Lands Compatibility - No federally endangered plants are known to exist in the County.
However, it is essential that surveys of such species be completed prior to site development of
parcels containing native vegetation communities. A wildlife survey ofthose species designated as
endangered, threatened, or species of special concern is required prior to final development approval
for this property per Florida Administrative Code.
About 75% ofthe site is constrained by wetlands. In addition, the developable portion ofthe site is
bisected by the wetlands. The Applicant seeks to connect the two portions of uplands on the site to
reduce the need for two access points off of SR 434. This would impact the wetland areas, but
would serve a good transportation objective. Staff supports only minimal impact to the wetlands and
desires to see the wetlands ultimately placed in a conservation easement. The wetlands on the north
portion of the site will have a Conservation FLU and the south portion of the site will have a
Commercial FLU with a Conservation Overlay over it.
The designation of a future land use of Commercial to a portion of the site adds value to the site,
which otherwise has little development potential. The added value should offset the placement of a
portion of the wetlands into conservation.
The subject property is overall about twenty-five (25) feet above mean sea level and appears to be
outside of the 100-year flood plain.
The soils on this property are (09) Bassinger, Delray fine sands; (10) Bassinger, Samsual, and
Hontoon soils, depressional; and (20) Myakka and EauGallie fine sands. Fill material will be
required to make these soils suitable for most urban uses.
Consistency With The Comprehensive Plan - The City's Comprehensive Plan indicates that SR434
is an urban arterial and is planned as a commercial corridor. The City Commission has previously
designated other properties on the north side of SR 434 in this area as Commercial.
FINDINGS:
(1) The proposed amendment will have a positive effect on the city's budget when the property is
developed. Development into commercial will help to diversify the city's tax base.
March 26, 2007
PUBLIC HEARING AGENDA ITEM 502
(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 (including SR 434) is accommodated.
(3) 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. Any wetlands impacted will be
required to be mitigated through the SJRWMD. The applicant has revised his application to request
that a portion of the wetlands be given a future land use of conservation. Staff supports minimal
impact to the wetlands and desires to see the wetlands ultimately placed in a conservation easement.
The Applicant will be required to comply with the City's Tree Protection and Preservation Code
(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) The proposed amendment will resolve the fact that the land use was never subsequently changed
to a Winter Springs category after annexation from Seminole County in 2003 and will further enable
Winter Springs to provide services in a more efficient manner;
(6) The amendment is compatible with the surrounding neighborhoods and land use; SR 434 is an
urban arterial roadway and is suited to commercial activity along the frontage.
(7) The amendment will not cause the comprehensive plan to be internally inconsistent; the
Comprehensive Plan indicates that SR 434 is an urban arterial and is planned as a commercial
corridor; and
(8)The proposed amendment will not adversely affect the public health, safety, welfare, economic
order, or aesthetics ofthe 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 P&Z/Local Planning Agency hold a Public Hearing and make a
recommendation to the City Commission related to Ordinance 2007-04, which adopts a Small Scale
Comprehensive Plan Amendment and changes the Future Land Use Map designation on the subject
property located on the north side of SR 434, east of the entrance to Barrington Estates and 600'
west of DeLeon Street from (Seminole County) "Rural-3" [maximum 1 dwelling unit per 3 acres] to
(City of Winter Springs) "Commercial".
TENTATIVE IMPLEMENTATION SCHEDULE:
March 26, 2007- 1 st Reading of Ordinance 2007-04
March 29, 2007- Public Noticing in Orlando Sentinel (10 days prior to adoption)
April 9, 2007- 2nd Reading /Adoption of Ordinance 2007-04
ATTACHMENTS:
A- Application
B- Excerpt from LP A Minutes, March 7, 2007
C- Ordinance 2007-04 including Map & Legal Description
D- Current Future Land Use Map, January 2007
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 ST A TE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
~
~4~
C6'l ~ ~.;..
'\~ . ')~
1~\~. "
() 'If-. r.' 4IA.
....i) ~ 'A.
~~ ~ '"
;o~~
.1<
~'ti>
APPLICATION FOR
COMPREHENSIVE PLAN AMENDMENT
APPLICANT:
MAILING ADDRESS:
PHONE:
-r; iedo . S +o..n
.
Last F ilSt
'1 ~ " 5e.ne.CA. 'Bt"d.
Wi'nt,t'"" ~""4 FL
City =rI' S~
~7 - <177 -y;:, 70'
Middle
3"L708
Zip Code
If Applicant does NOT own the property:
PROPERTY OWNER:
MAILING ADDRESS:
PHONE:
Middle
Last
FilSt
City
State
Zip Code
This request is for the property described below:
PROPERTY ADDRESS: ~tt: r~e.. l'n ~t.U.:/l t(3tf
TAX PARCEL NUMBER: ;ts -~o -31.. 5a.^-- 6)"00 -O(qo
SIZE OF PARCEL: 3 S 5, 087 S~ B.B Ac
Squm Feet \ ^c~
Existing Land Use: A-tI"":,... {~~. und~"p_ 01>ec::i
"' r
Current FUTURE LAND USE Classification:
.
. . REQUEST for a ,Change to City of Winter Spring~ FUTU,RE LAND USE Classification: C'J)nl"'" e~i.J i' (&lljentJi~'n
iJJ/r~.75en/'.dll/n tf},,"er/4':$. a.~deplctt!lt:/ c.? d'ffd..~'I,mt!".1"t- J .,JA;
I Please state the reasons or justificlftion for your Comprehensive Plan Amendment (Future ~Jb"'" I '1
Land~seChange): ~l).,t~C!... Dn HClJ~ 4a~~..~ e)(~e~Slu'e h--.f+1c. ~ -?J\{?\O
~iJl~\e ~",VV\i L& rf'~ lJ~t e. f/...(jsf C7tJ~ n\ ~"r~ sicl~ to We6t is ~~n(7ltr~jCLf '
If you are requesting an Amendment to the Goals, Objectives, & Policies of the City's Comprehensive
Plan, set forth the proposed Amendment in detail and provide supporting documentation.
Current ZONING Classification: ~ Ii C oJ r t V n~
March 3JOS
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Comprehensive Plan Amendment:
x:iI~~
Signature of Owner
S worn to and SUbSCrib~ before me this
h day of )1 etkc ti 20~
c ~ o-lCJv-~
Notary Public
My commissi1exPires:
,"'" '" Chyrel JackSOn
. ~ .; My Commission D02g5803
\~~.., Expires March 02. 2008
)(
.
Personally Known
Produced Identification:
(Type) \)1' \ u~ r~ L ~c. 'f! ro-Q.
Did take an Oath
Did Not take and Oath
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby, with my notarized signature, allow
to represent me in the change ofland use of my property. The
property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
3
March 2005
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
**************************************************************************************
FOR USE WHEN APPLICANT 15 OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Comprehensive Plan Amendment:
s&:~~
x.
Personally Known
Produced Identification:
(Type) lli \ ~ ... ..LA L ~ ~ 'Q...
Did take an Oath
Did Not take and Oath
(' ~.o~ ~
Notary Public
My Commission expires:
~ C~ JedcIOh
'~.) My Commission D02DS803
". 0, '" Explru March 02. 2008
Sworn to and subs~ed before me this
~dayof bUt;~ 20~1
**************************************************************************************
FOR USE WHEN APPLICANT 15 NOT OWNER OF THE SUBJECT PROPERTY:
I,
do hereby, with my notarized signature, allow
to represent me in the change ofland use of my property. The
property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature ofOwner(s)
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
3
March 2005
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING - MARCH 7, 2007
PAGE40F 11
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: asked the Board
Members to consider his neighborhood and noted he was opposed to a multi-story
building.
Mr. Stan Toledo, 1746 Seneca Boulevard, Winter Springs, Florida: as the owner of one
of the parcels, Mr. Toledo said he was in favor of Commercial Zoning and suggested it
would minimize traffic issues and recommended a forty foot (40') easement.
Discussion.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
"I AM GOING TO MAKE A MOTION TO APPROVE THE [AGENDA] ITEM
'201' AS WRITTEN." MOTION BY ADVISORY BOARD MEMBER RYSER.
SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION.
VICE CHAIRPERSON TILLIS SAID, "WE OUGHT TO STRESS TO THE
[CITY] COMMISSION AS PART OF OUR RECOMMENDATION THAT THEY
DO NEED TO BE SENSITIVE TO WHAT TYPE OF COMMERCIAL
DEVELOPMENT GOES IN THERE AND IT'S APPEARANCE AND DO BE
SENSITIVE TO THE RESIDENTIAL NEIGHBORS THAT ARE CLOSE."
VOTE:
BOARD MEMBER BROWN : AYE
BOARD MEMBER KARR: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMAN POE: AYE
BOARD MEMBER RYSER: 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 2007-04, Adopting A Small Scale FLUM (Future Land Use
Map) Amendment Changing The Future Land Use Map Designation Of An 8.8 Acre
Parcel, Located On The North Side Of State Road 434, East Of The Entrance To
Barrington Estates And 600' West Of DeLeon Street From (Seminole County)
"Rural-3" To (City Of Winter Springs) "Commercial".
Ms. Sahlstrom presented this Agenda Item and said, "Staff believes that this Application
to change this property to Commercial Land Use is appropriate." Ms. Sahlstrom also
stated, "Staff also supports the preservation of the wetlands."
A PowerPoint presentation was displayed to show the property site.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MARCH 7, 2007
PAGE50Fll
Discussion.
Tape 1/Side B
Chairman Poe opened the "Public Input" portion of the Agenda Item.
Mr. Tom Minter, 1700 DeLeon Street, Oviedo, Florida: as the previous landowner of this
property, Mr. Minter spoke briefly to the Board Members and indicated that he was in
favor of this Land Use change.
Mr. Richard Voorberg, 1526 Wescott Loop, Winter Springs, Florida: briefly spoke to the
Board Members on the Zoning.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
Discussion.
"I WOULD LIKE TO MAKE THE MOTION THAT THE PLANNING AND
ZONING BOARD - RECOMMEND APPROVAL OF THIS ORDINANCE
[NUMBER] 2007-04 ADOPTING A SMALL SCALE FLUM [FUTURE LAND USE
MAP] AMENDMENT CHANGING THE FUTURE LAND USE MAP (FLUM)
DESIGNATION OF AN 8.8 ACRE PARCEL LOCATED ON THE NORTH SIDE
OF STATE ROAD 434 EAST OF THE ENTRANCE TO BARRINGTON
ESTATES AND SIX HUNDRED FEET (600') WEST OF DELEON STREET
FROM SEMINOLE COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS
'COMMERCIAL'." MOTION BY ADVISORY BOARD MEMBER KARR.
SECONDED BY ADVISORY BOARD MEMBER BROWN. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER BROWN : AYE
BOARD MEMBER RYSER: AYE
CHAIRMAN POE: AYE
VICE CHAIRPERSON TILLIS: AYE
MOTION CARRIED.
ATTACHMENT C
ORDINANCE NO. 2007-04
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 A PARCEL
TOTALING 8.8 ACRES MORE OR LESS GENERALLY
LOCATED ALONG WEST STATE ROAD 434 IN WINTER
SPRINGS, FLORIDA, MORE PARTICULARLY DEPICTED
AND LEGALLY DESCRIBED ON EXHIBIT "A" A TT ACHED
HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO
CITY OF WINTER SPRINGS "CONSERVATION" AND
"COMMERCIAL" WITH "CONSERVATION OVERLAY"
(ON THOSE AFFECTED AREAS) AS DEPICTED ON
EXHIBIT "B"; 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 March 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.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
City of Winter Springs
Ordinance No. 2007-04
Page 1 of 3
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 Seminole County "Rural-3" to City of Winter Springs
"Conservation" and "Commercial" with "Conservation Overlay" (on those affected areas), as
depicted on Exhibit "B." Exhibits "A" and "B" are 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 91-11, 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
Comprehensi ve 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. 2007-04
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. 2007-04
Page 3 of 3
{~.... ('SCX)'S1' '/x/ /' x lV X V X, 02J:X~, ')' >(~'N W'X>X?~~
^q;;;~ /j/' ~>>W;; 0Y v ^J<x ^x /" / ? x , IMN .'
<)<;0 <x)< "X><?5;Z?Q\()~r>~~x y / ~x~YX 2s0~
ex;:? / NY ^ x;X /V , ^v )</;/'/ XX
t?'y^y /~A?yx ~isllI ~.~ ~~J~ y. IX
;;< X//>v x vX)< ~~ [;z t? ><~ J;; /\>5<
~~~X~% K!X>??<<5> rx>0^ xXv~~~
w VY>[;X ~ xx /';x X/: >: /y x ></'X'X/'S:~
1></ 'X/ IX ~ 0> j ~(X;v v/^) X M;;~5<> >;0v~>X
0~ /y :/;(X ~? ')< x.:> I/X> ?X>S~/ ;;
0l>0 'x:><;< Vx :v j XZ ?>< C/ 0: /^
o .x:: ;; <x )< : )<f:>< x 5~' ;(X>s "x)<~ >(
>< x XX y "x >x>x:: ~ N x:)r:>' :><;< XQx x':'
></, Xx :xv )</\
>5:2: ~, Xl ~'/x >)<,/ ~
N VY vx ';x / V >Q /S<: x)<
)?:)S(X>>'V/)<,/ /" ~ < . VX"xX
. Qx/I(? (.A v)< x ~x^XA x,
';Xx /
~~x~< ~
State R 434
'--
Source: City of Winter Springs & Seminole County GIS Data, January 2007
I I I
o
255
510
1,020 Feet
Legal Description:
Lot 19 (less road) The Van Arnsdale Osborne Brokerage CO.'s Addition
to Black Hammock, Plat Book 1, Page 31
EXHIBIT 'A'
z
o
W
..J
W
C
6
N
",'
""
tD
...
,I-
-
,tD
....- ,.'-
c:I: 'J~
><:: d
W~
I ,
I "
I
I
I
I _~
I ~
: ~
I ~ ~ ~~
I ~ ~ ~ ~~
\ .~ ~In
I ~ ,,~~
: ~ .~ ~ ~
I ~ 1: ~ ~ ~
I ';:) " 't~ ~
I . ll.. ~ "-l 1 ~ I
11 ~ ~ f ~~
I v. <1 1 ~z
i ,;~ ~ \ ~
I u. ~,'
~.. ,., ~.
I IO'OJ'JQ'[~
, " lot.as'
I ~\ ~ I
I ~ ,. ~
,.: "', :il ·
I ' r; ~R
,', 0.",
I ~~
I ..t , '. ,'-.. ", ,"-.:
I '- ,,"-"- ", ~'" ,\:",," "" \. \.
L..!----___~~,.~.~____.:......_h_____ .___- ___
w ~ ...i>'tLll - -. _ _ _ .
. M,,6i> ,IlQ.OOS
~l ~:
S~Jlit
ell .....
,... .In
..,
~ -~~-
"\--
\:;
.-)~ ~Vl
\, .-::
~'Z "f"',
'. '21-
ATTACHMENT D
Existing FUTURE LAND USE, Jan. 2007
. I
o 395
790
I
1,580 Feet
D
N
Source: Seminole County GIS, City of Winter Springs, September 2006