HomeMy WebLinkAbout2007 05 29 Public Hearing 500 Ordinance Number 2007-06
CITY COMMISSION
ITEM 500
Consent
Information
Public Bearin
Re lar
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May 29. 2007
Meeting
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REQUEST: The Community Development Department - Planning Division requests that the
requests the City Commission hold a Public Hearing for Ordinance 2007-06, a Large Scale
Comprehensive Plan Amendment, which changes the Future Land Use Map designation of two (2)
parcels containing 28.9 gross acres, more or less, iocated at 1900 DeLeon Street (the southwest comer
of DeLeon St. and Howard Av.) from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to
(Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas).
PURPOSE: The St. Johns River Water Management District (SJRWMD) is requesting a Large
Scale Future Land Use Map (FLUM) Amendment, to change the FLUM designation for their
property located on the west side of DeLeon Street, at 1900 DeLeon Street, from (Seminole County)
"Rural-3" (1 dwelling unit per 3 acres) to (Winter Springs) "Public/Semi-Public" with "Conservation
Overlay" (on those affected areas).
APPLICABLE LAW AND PUBLIC POLICY
Florida Statute 163.3174 (4): The Local Planning Agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the Local Planning Agency shall:
(a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and
shall make recommendations to the governing body regarding the adoption or amendment 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 adooted comorehensive olan.
Florida Statute 166.041 Procedures for adootion of ordinances and resolutions.
Winter Sorines Charter Section 4.15 Ordinances in General.
Winter Sorines Article m. Comorehensive Plan Amendments
Section 15-30. Authority. purpose and intent:
Section 15-36. Review criteria:
Section 15-37. Local Planning Agency Review and Recommendation:
Prior to the City Commission's consideration of the application, the Local Planning Agency shall
consider the application(s) at a Public Hearing, along with the staff review board's recommendation,
and recommend that the City Commission approve, approve with modifications (text only), or deny
May 29, 2007
City Commission Public Hearing Item 500
Page 2 of9
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:
Nov. 27. 2000- Annexation of Subject Property (Ordinance 2000-40).
Seminole County and the City of Oviedo formally objected to the annexation. A FLUM amendment
was never adopted.
Nov. 2004- Seminole County's Urban/Rural Service Boundary established by referendum. The
Urban/Rural Service Boundary follows the City's eastern perimeter, placing the
Montgomery property within the urban service area.
Feb. 7.2007- Application received for Large Scale FLUM Amendment
April 11. 2007- Certified letter mailed, noticing property owner of the city-initiated amendment
April 17. 2007- Adjacent property owners within 150' notified by regular mail
April 19. 2007- Public Noticing in Orlando Sentinel ofLPA Public Hearing
May 2. 2007- P& Z Board (LP A) heard the request and made recommendation of Adoption
May 17.2007- Public Noticing in Orlando Sentinel of Public Hearing for 1 st Reading
May 29. 2007- Transmittal Hearing for Large Scale Comprehensive Plan Future Land Use Map
Amendment (Ordinance 2007-07)
CONSIDERATIONS:
Applicant - St. Johns River Water Management District (SJRWMD); c/o/ Peter Brown; P.O. Box
1429; Palatka, FL 32178-1429; (386) 329-4311
Owner(s) - St. Johns River Water Management District (SJRWMD)
Location - 1900 DeLeon Street (south west comer of DeLeon and Howard)
Site Information - The subject property currently has a (Seminole County) "Rural-3" Future Land
Use and are being considered for this Future Land Use change to (City of Winter
Springs) "Public/Semi-Public". A Conservation Overlay already exists on the
property under Seminole County.
Parcel #s & Legal Descri1>tions-
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OFNW 1/4 (LESS S 340 FT
OF E 660 FT & S 564.64 FT OF W 659.60 FT & RDS)
03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OFNW
1/4 OF NW 1/4
Total Acreage - 28.9 gross acres more or less
ChronololZV of Subiect Property - The subject property was purchased by the SJRWMD in
January 2005, from William Thomas Minter, who owned the property when it was annexed into the
City.
Existing Land Uses - The property is currently vacant, but was purchased by SJRWMD to develop
a stormwater park to reduce nutrient loading to Lake Jesup and to reduce flooding in the area
associated with the Solary Canal. This project is described under "Stormwater Management".
Adjacent existing land uses, zoning and FLUM designations include the following:
May 29, 2007
City Commission Public Hearing Item 500
Page 3 of9
Generally Undeveloped
Ornamental Nursery
Stock Production
Single Family Residential
fA . culture
West Single Family Residential
(WS) Winter Springs; (SC) Seminole County;
North
South
A-3 (SC)
A-3 (SC)
in Winter S rin s
A-3 (SC)
R-I (WS)
Rural-3 (maximum of one
dwelling unit per 3 acres) (SC)
in Winter S . s
Rural-3 (SC)
Rural-3 (SC)
in Winter S . s
Rural-3 (SC)
Subject Sites Generally Undeveloped
A-3 Agriculture (SC) in
Winter Springs
East
Low Density Residential (WS)
Development Trends - This area of the County is experiencing intensive development pressure as
evidenced by new development along SR 434 and Florida Avenue. For this reason, Seminole County
sponsored a referendum, establishing an Urban/Rural Service Boundary as part of the County Charter
in 2004. The Boundary borders the subject property on the east, which is also the eastern edge of the
City of Winter Springs. [The Boundary restricts land use changes on properties located to the east in
the rural area of Seminole County, from land use changes, without the approval of the Board of
County Commissioners.] The subject property is not in the area restricted by the Urban/Rural Service
Boundary .
Proposed Future Land Use Classification - The proposed change in the future land use map
designation from Seminole County (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to
(Winter Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas) is
compatible with adjacent land uses both in the County and in the City of Winter Springs.
Letters/Phone Calls In Favor Or Opposition - None.
COMPREHENSIVE PLAN AMENDMENT ANALYSIS:
The following summarizes the data and issues, which staff analyzed in reviewing this
application:
Justification for Future Land Use Desie:nation-
It is appropriate that the subject property which is owned by a governmental entity and which
is intended for a governmental purpose, such as the stormwater park, receive a City of Winter
Springs "Public/Semi-Public" future land use designation. The Future Land Use Element
describes this designation as:
"The Public/Semi-Public category consists of public facilities and private non-for-profit.
This category includes all public structures or lands that are owned, leased, or operated by a
government entity, such as civic and community centers, hospitals, libraries, police and fire
stations, and government administration buildings. ..."
In addition, portions of the site as described hereafter are included in a Conservation Overlay. The
Future Land Use Element describes this designation as:
"The conservation overlay area shown on the Future Land Use Map (PLUM) is intended to
protect areas that may potentially contain protected wildlife habitat areas, hydric
soils/wetlands, and special vegetative communities. Included within the Conservation
May 29, 2007
City Commission Public Hearing Item 500
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Overlay definition are areas within a public water well radius of 500 feet, within the 100-
year floodplain, and other areas subject to environmental or topographic constraints. The
area designated as conservation overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during
the review process to determine whether development should be permitted or if some form
of mitigation may be necessary. If the areas are determined not to be sensitive, then the
underlying land use development density and/or intensity will be applicable.
Public Facilities -
ROADSrrRAFFIC CIRCULATION:
Availability of Access:
Access is to the property is currently available from DeLeon Street which connects to S.R. 434.
Improvements/expansions needed as a result of proposed land use change
As a stormwater park, the site is expected to generate no significant traffic; therefore, no
improvements or expansions to adjacent transportation corridors are anticipated to be required.
POTABLE WATER:
The subject property is not currently served by the City of Winter Springs for potable water. Should
future connection be required, a 12" service line extends on the north side of State Road 434 along
the Barrington Estates frontage and a water line also extends from Westcott Loop and Wrentham Ct.
through Barrington Estates to the west property line of the subject property, however, this line is not
adequately sized to support connection. Future tie-in would need to connect at the 8" Westcott
LooplWrentham Ct. water main or at S.R. 434. Available capacity exists to service the site.
WASTEWATER
Current uses within the area are served by private septic systems for wastewater services. It is not
expected that the subject property would need City sewer service; however, it is currently available
along State Road 434 and within Barrington Estates and available capacity exists.
RECLAIMED WATER:
Connection to existing reclaimed water lines is not applicable.
ELECTRIC SERVICE:
The City of Winter Springs is serviced by Progress Energy for electric service.
SOLID WASTE:
The City of Winter Springs currently has an exclusive franchise agreement with a solid waste hauler,
Waste Pro of Florida, Inc. who provides service to properties within Winter Springs.
STORMW A TER MANAGEMENT:
The property will be utilized for stormwater management by the SJRWMD. The project is referred to
as the Solary Canal Project. The Solary Canal has a drainage area of about 1,639 acres which drains
northward into Lake Jesup. The water quality in Lake Jesup has deteriorated for a number of reasons.
SJRWMD is partnering with Seminole County to implement a water quality improvement project that
will treat stormwater that is flowing through the Solary Canal. The project consists of a by-pass weir,
stormwater treatment pool, and treatment wetlands for the water quality treatment and flood
attenuation of the Solary Canal.
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City Commission Public Hearing Item 500
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The primary objective of this project is to develop a regional stormwater treatment area that will
provide water quality treatment to runoff through the Solary Canal. The Solary Canal project will use
approximately 17 acres of the 28.9-acre site. One of the objectives outlined in the SJRWMD's
Middle St. Johns River Basin Surface Water Improvement and Management Plan, is to improve the
water quality in the Lake Jesup Basin through retrofit projects. The Solary Canal sub-basin is located
almost entirely within the City of Oviedo, with the exception of the project parcel which is located
May 29, 2007
City Commission Public Hearing Item 500
Page 6 of9
within the City of Winter Springs, and the northern portion of the sub-basin adjacent to Lake Jesup.
Currently, no treatment exists in the Solary Canal sub-basin.
This regional storm water facility will reduce flooding and provide for a water quality retrofit in an
area of mixed residential land uses. Flood reduction benefits include the reduction of street and yard
flooding and provide for a water quality retrofit in an area of mixed flooding and bank overtopping
for the 25-year design storm event.
RECREATION & OPEN SPACE:
A portion of the site may be utilized as a passive recreational area in the future. However, no
provision for recreation & open space is required.
POLICE & FIRE:
The subject property is not expected to generate any need for police or fire services. However, under
the First Response Agreement between the cities and the County, the closest entity will service the
subject property. It is likely that the Oviedo Police would be the first responders. A Fire Station is
currently housed in City Hall, approximately four miles from the subject property. Emergency
Service Response Time is less than five minutes.
Nuisance Potential Of Prooosed Use To Surroundinl! Land Uses -
The change in designation from (Seminole County) "Rural-3" to (City of Winter Springs)
"Public/Semi-Public" with "Conservation Overlay" (on those affected areas) and subsequent
development of the property into a stormwater park will not result in any nuisance potential for the
surrounding properties. The proposed use will allow for the retention of many of the mature oak trees
on-site and will help to preserve the rural character of the adjacent Black Hammock area.
Surrounding properties are generally used for agriculture or remain undeveloped.
Natural Resources Comoatibilitv-
The subject property includes some environmentally sensitive areas. These areas are generally
included in the "Conservation Overlay" designation. On-site mitigation will be utilized to address
wetland impacts to the extent possible.
SOILS
The dominant soils on the subject property are Basinger/Delray fme sands and EauGallie and
Immokalee Fine Sands. These soils are particularly sited for the proposed use.
FLOOD PRONE AREAS
Flood Plain Maps indicate that the area adjacent to the creek are within the flood plain. No structures
will be placed within the flood plain.
HISTORIC RESOURCES
None known.
WILDLIFE
An environmental analysis will be required to identify if any listed species are located on the site and
appropriate permits must be obtained before any removal takes place.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed amendment is consistent with the Winter Springs Comprehensive Plan and furthers the
goals, objectives, and policies of the Comprehensive Plan, particularly the following:
May 29, 2007
City Commission Public Hearing Item 500
Page 7 of9
Infrastructure Element
Infrastructure Element Goal IV-D: Provide a stormwater system of appropriate capacity to protect
life and property. of the citizens of Winter Springs, as well as decreasing adverse environmental
impacts attributable to stormwater runoff.
Infrastructure Element Goal IV-D-5: Intergovernmental Coordination. The City of Winter Springs
shall educate citizens and coordinate with applicable jurisdictions to address stormwater issues of
mutual concern and to provide adequate levels of service.
Infrastructure Element Goal IV-D-5.4: The City will support the SJRWMD's Surface Water
Improvement and Management (SWIM) program regulations with specific emphasis on Lake Jesup.
Infrastructure Element Policy 1.2.7: Stormwater. The City shall maintain stormwater management
requirements in the Code of Ordinances which provide specific standards for the design of on-site
stormwater systems, as well as strategies and measures to minimize runoff into Lake Jesup and other
natural water bodies.
Conservation Element
Conservation Element Objective 3.0: Surface Water. The City shall protect surface water from all
known and identifiable pollution sources.
Inter~overnmental Coordination
Intergovernmental Element Policy 1.1.5: The City shall coordinate with the resource protection
efforts of the SJRWMD for Lake Jesup and the City shall involve itself in the process for
development of the Surface Water Improvement Management Plan or a similar plan.
FINDINGS:
(1) Whether the proposed amendment will have a favorable or unfavorable effect on the city's
budget, or the economy of the city or the region;
There should be no impact on the City's budget based on the proposed amendment and any impact to
the economy of the region should be positive due to the public benefits associated with the
improvement to water quality in the lake and the reduction of flooding in the area.
(2) Whether the proposed amendment will diminish the level of service (LOS) of public facilities;
There should be no impact to the LOS of the City's public facilities associated with this amendment,
because the property will be developed as a stormwater park.
(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;
SJRWMD purchased the property to develop a stormwater park to reduce nutrient loading to Lake
Jesup and to reduce flooding in the area associated with the Solary Canal. SJRWMD is not aware of
any historical resources located on the property. There will be a positive impact on the environment
and natural resource in the region dues to the improvement of water quality in the lake and the
reduction of flooding in the area.
(4) 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;
May 29,2007
City Commission Public Hearing Item 500
Page 8 of9
One of the objectives of the SJRWMD's Middle St. Johns River Basin Surface Water Improvement
and Management Plan is to improve the water quality in the Lake Jesup Basin through retrofit
projects. Approval of the project is consistent with the goals, objectives and policies of the State
Comprehensive Plan and the East Central Florida Regional Policy Plan identified below:
187.201 State ComDrehensive Plan
(7) WATER RESOURCES-
(a) Goal- Florida shall... maintain the functions of natural systems and the overall present
level of surface and ground water quality. Florida shall improve and restore the quality of
water not presently meeting water quality standards.
(b) Policies-
4. Protect and use natural water systems in lieu of structural alternatives and restore modified
systems.
12. Eliminate the discharge of inadequately treated... stormwater runoff into the waters of the
state.
East Central Florida Re~onal Planning Council Strate~c Re~onal Policy Plan
Water Resources
4.9 Land use planning and development approval decisions impacting water resources should
be made in conformance with comprehensive water basin management plans. Area-wide
water quality management plans (208 studies), water management district groundwater basin
resource inventories {made pursuant to s.373.095, FS}, Surface Water Improvement and
Management (SWIM) plans, or other appropriate water management plans (including those
for the Green Swamp, Kissimmee River and Indian River lagoons) should be used as
guidelines until comprehensive water basin management plans are available. Studies of water
resources that are either more site-specific or more resource-oriented {such as waste load
allocation studies) may supersede comprehensive basin management plans where appropriate.
Planning and development approval decisions that should conform may include:
1. Development of new public wastewater or stormwater facilities or improvement of
existing facilties; ...
4.36 Nonstructural methods of stormwater management that reduce generation and
accumulation of stormwater runoff contaminants shall be used, Nonstructural means of
stormwater management include activities such as pesticide and herbicide control, proper
fertilizer management, erosion control, homeowner awareness of nonpoint source pollution,
and proper waste disposal. In addition, natural floodplain areas shall be used for filtration of
naturally occurring runoff from adjacent lands.
(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;
There should be no impact to the City's public facilities associated with this amendment, because the
property will be developed as a stormwater park.
(6) Whether the amendment is compatible with surrounding neighborhoods and land use;
The surrounding area is predominantly classified and zoned to allow residential land uses; Public/
Semi-Public land uses are compatible with those land uses as demonstrated on the City's future land
use map where property classified as Public/Semi-Public is interspersed among properties with
residential future land use classifications. In addition, the development of the stormwater park is
May 29, 2007
City Commission Public Hearing Item 500
Page 9 of9
beneficial to the area due to the improvement to water quality in the lake and the reduction of
flooding in the area.
(7) Whether approval of the amendment will cause the comprehensive plan to be internally
inconsistent;
Approval of the Amendment is consistent with the goals, objectives and policies of the City's
Comprehensive Plan as previously identified and does not cause the Plan to be internally inconsistent.
(8) Whether the proposed amendment will promote or adversely affect the public health, safety,
welfare, economic order, or aesthetics of the city or region; and
SJR WMD purchased the property to develop a stormwater park to reduce nutrient loading to Lake
Jesup and to reduce flooding in the area associated with the Solary Canal. There will be a positive
impact on the region due to the public benefits associated with improvement to water quality in the
lake and the reduction of flooding in the area.
(9) The contents of any Evaluation and Appraisal Report (EAR) prepared pursuant to 163.3191,
Florida Statutes.
The request is consistent with Florida Statute Chapter 163, Part II, and Rule 9J-5 of the Florida
Administrative Code.
LOCAL PLANNING AGENCY RECOMMENDATION:
At a regular meeting of the Planning & Zoning BoardlLP A on May 2, 2007, the
Board/Agency recommended unanimous approval of Ordinance 2007-06, with a vote of 4-0.
STAFF RECOMMENDATION:
Staff recommends that the City Commission hold a Public Hearing for First Readingffransmittal
Hearing of Ordinance 2007-06, a Large Scale Comprehensive Plan Amendment, which changes the
Future Land Use Map designation of two (2) parcels containing 28.9 gross acres, more or less, located
at 1900 DeLeon Street, from (Seminole County) "Rural-3" (1 dwelling unit per 3 acres) to (Winter
Springs) "Public/Semi-Public" with "Conservation Overlay" (on those affected areas).
ANTICIPATED IMPLEMENTATION SCHEDULE:
June 05. 2007- Transmittal to Florida DCA and other agencies
Aug. 08. 2007- ORC Report expected from the State
Se,pt.l0.2007- City Commission Public Hearing for 2nd Reading and Adoption.
ATTACHMENTS:
A- Noticing in the Orlando Sentinel
B- Minutes from the P&Z / Local Planning Agency Meeting, May 2, 2007
C- Current Future Land Use Map, April 2007
D- Proposed Future Land Use, April 2007
E- Ordinance 2007-06 with Exhibit A (Map & Legal Description)
CITY COMMISSION ACTION:
G4 Orlando Sentinel
ATTACHMENT A
LEGAL NOTICES
NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN
AND ZONING MAP CITY OF WINTER SPRINGS
NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT:
ORDINANCE NO. 2007-06
AN ORDINANCE Of THE CITY COMMISSlON THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA. RELATING AOOPTlON Of AN AMENlMENT 10 1llE R/TURE lAItl USE MAP BY DESIGNA1I<<l CEIlTAIN REAL PROPERlY WllHlH TIt: CIIY
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS,
PARTICULARLY DEPICTED AND LEGALLY DESCRIBED HEREIN IN EXHIBIT "A" ATTACHED HERETO, FROM SEMINOLE COUNTY
"RURAL" 3 TO CITY OF WINTER SPRINGS 'PUBLIC/SEMI PUBLIC' WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS);
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDlNG FOR TRANSMITTAL OF THE PLAN TO
THE DEPARTMENT OF COMMUNlTY AFFAIRS; PROVIDING FOR 'TRANSMITTAL OF THE PALN TO
THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR 'THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (See Map below, Site '1', for location).STENT ORDINANCES AND
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS. SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY
OF WINTER SPRINGS GENERALLY DESCRIBED AS THREE (3) PARCELS OF LAND, CONTAINING 29.3 GROSS ACRES MORE OR LESS,
AND LOCATED GENERALLY ON THE WEST SIDE OF DELEON STREET AT CRESS RUN, MORE PARTICULARLY DEPICTED AND LEGALLY
DESCRIBED HEREIN IN EXHIBIT 'A', ATTACHED HERETO, FROM SEMINOLE COUNTY "RURAL-3" TO CITY OF WINTER SPRINGS "RURAL
RESIDENTIAL" WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS); PROVIDING AN EFFECTIVE DATE AND LEGAL
STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE.
(SEE MAP BELOW SITE '2' FOR LOCATION).
ORDINANCE NO. 2007-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CTY Of WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ADOPTING A SMALL
SCALE COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON STREET IN WINTER
SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBT 'A' ATTACHED HERETO, FROM
SEMINILE COUNTY 'RURUAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE
AFFECTED AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '2', FOR LOCATION).
ORDINANCE NO. 2007-10
AN ORDINANCE Of THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY
CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN IN WINTER SPRINGS,
FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 'EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE
COUNTY 'RURAL-3' TO CITY OF WINTER SPRINGS 'RURAL RESIDENTIAL' WITH 'CONSERVATION OVERLAY' (ON THOSE AFFECTED'
AREAS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION
INTO THE COMPREHENSIVE PLAN, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '3' FOR LOCATION).
ORDlNANCE NO. 2007-14
AN ORDINANCE Of THE CITY COMMlSSION OF THE CITY OF WINTER SPRINGS FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING THREE (3) PARCELS TOTALING 29.3 ACRES, MORE OR LESS, AND LOCATED GENERALLY
ON THE WEST SIDE OF DELEON STREET AT CRESS RUN IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND
LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1
SINGLE FAMILY DWELLING'; PROVIDING FOR THE REPEAL OF PRIOR; INCONSISTENT ORDINANCES AND RESOLUTIONS
SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE'3' FOR LOCATION).
ORDINANCE NO. 2007-15
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 4.32 ACRES, MORE OR LESS, AND LOCATED AT 1740 DELEON
STREET IN WINTER SPRINGS, FLORIDA AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED
HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R C-1 SINGLE FAMILY DWELLING', PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
ORDINANCE NO. 2007-16
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNATION
OF THE REAL PROPERTY CONSTITUTING ONE (1) PARCEL TOTALING 1.6 ACRES, MORE OR LESS, AND LOCATED AT 201 CRESS RUN
IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT 'A' ATTACHED
HERETO, FROM SEMINOLE COUNTY 'A-3' TO CITY OF WINTER SPRINGS 'R-C1 SINGLE FAMILY DWELLING'; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. (SEE MAP BELOW, SITE '4' FOR LOCATION).
NOTICE OF CHANGES TO THE COMPREHENSIVE PLAN
AND ZONING MAP CITY OF WINTER SPRINGS
PUBLIC HEARINGS
FOR FIRST READING & TRANSMITTAL
WILL BE HELD ON
TUESDAY. MAY 29.2007 AT 5:15 P.M.
OR SOON THEREAFTER IN THE COMMISSION.CHAMBERS
LOCATED AT THE WlNTER SPRINGS CITY HALL
1126 EAST STATE ROAD 4.34
WINTER SPRINGS, FLORIDA
The proposed ordinances may be obtained by Interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City Clerk's .
offices located at1126 E. SR434, Winter Springs, FIorida;For more information, (407) 327.1800 #227 Persons with disabilities cIsabiIIl!S:
needing assistance to participate in any of thes proceedings should contact the Employee Relations Department Coordinator 48 hours
in advance of the meeting at (407) 327.1800. #236. These are pubic hearings insterested parties are advised that they may appear at
the meeting and. be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the K yoo dec:~ 10 appealllfY fICOO1I1lI!lda\ or lIecisi9n.lIlade by lie;
City Commission with respect to any matter considered at this meeting you will need a record of the proceedings, and for such
purposes, you may need to ensure that a vertbatim record of the proceedings is made upon which the appeal Is based. . .
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE40F 13
VOTE:
BOARD MEMBER BROWN: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
CHAIRMANPOE: AYE
MOTION CARRIED.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department - Planning Division
Requests That The Local Planning Agency Hold A Public Hearing For Ordinance
2007-06, A Large Scale Comprehensive Plan Amendment, Which Changes The
Future Land Use Map Designation Of Two (2) Parcels Containing 28.9 Gross Acres,
More Or Less, Located At 1900 DeLeon Street (The Southwest Corner Of DeLeon
Street And Howard Avenue) From (Seminole County) "Rural-3" (1 Dwelling Unit
Per 3 Acres) To (Winter Springs) "Public/Semi-Public" With "Conservation
Overlay" (On Those Affected Areas).
Ms. Sahlstrom presented this Agenda Item and displayed a PowerPoint presentation of
the 'Location Map'.
Ms. Sahlstrom said, "There is a sheet in the Lobby. It is a Comprehensive PJan Citizen
Courtesy Information List. This is something that the State asks that we make available
for anybody to be notified from the State." Ms. Sahlstrom then said, "Right now I am
anticipating the Public Hearing for Second Reading and Adoption to be September 10th
[2007] depending on if this Board makes their recommendation tonight, whether that be a
recommendation for or against this Item, I am expecting it to go to the City Commission
for Public Hearing on May 29th [2007]."
A Concept drawing was shown.
Ms. Sahlstrom stated, "Staff believes that this project meets all of those requirements -
Staff does support this item and ask that this Board would hold the Public Hearing and
make a recommendation of Approval to the City Commission for First Reading and
Transmittal. "
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
REGULAR MEETING - MAY 2, 2007
PAGE 5 OF 13
Ms. Sahlstrom said, "On Attachment A under the Legal Notices - you will notice that in
the Title of these Ordinances, the two (2) that are being Transmitted to the State, there is
a reference and in this particular case it says, referenced as LS-CPA-07-03. That actually
has been an internal designation and in talking with the City Attorney, we determined
that we felt that that designation was confusing and we should just stick with the
Ordinance Numbers. So, the Ordinance that is included in your packet, no longer carries
that reference."
Mr. Peter Brown, Policy Analyst, St. John's River Water Management District, 4049
Reid Street, Highway 100 West, Palatka, Florida: as a representative on behalf of the
District, Mr. Brown and stated, "I believe the 'Staff Report' covers the justification very
well of why this Amendment should be approved."
Ms. Virginia Lovings-Morse, Project Manager, St. John's River Water Management
District, 4049 Reid Street, 100 West, Palatka, Florida: gave a briefing on how this
project would work.
The Solary Canal Project site was displayed.
Chairman Poe opened the "Public Input" portion of the Agenda Item.
No one spoke.
Chairman Poe closed the "Public Input" portion of the Agenda Item.
"I MAKE A MOTION TO APPROVE ITEM '500' AS WRITTEN." MOTION BY
ADVISORY BOARD MEMBER RYSER. SECONDED BY VICE
CHAIRPERSON TILLIS. DISCUSSION.
VOTE:
CHAIRMANPOE: AYE
BOARD MEMBER RYSER: AYE
VICE CHAIRPERSON TILLIS: AYE
BOARD MEMBER BROWN: AYE
MOTION CARRIED.
ATTACHMENT C
CURRENT FUTURE LAND USE MAP - APRIL 2007
ATTACHMENT D
PROPOSED FUTURE LAND USE - APRIL 2007
ATTACHMENT E
ORDINANCE NO. 2007-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, RELATING TO
COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A
LARGE SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING
FOR ADOPTION OF AN AMENDMENT TO THE FUTURE LAND USE MAP
BY DESIGNATING CERTAIN REAL PROPERTY WITHIN THE CITY OF
WINTER SPRINGS GENERALLY DESCRIBED AS TWO (2) PARCELS OF
LAND, CONTAINING 28.9 GROSS ACRES, MORE OR LESS, AND
LOCATED GENERALLY AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF DELEON STREET AND HOW ARD AVENUE, MORE
P ARTICULARL Y DEPICTED AND LEGALLY DESCRIBED HEREIN IN
EXHmIT "A," ATTACHED HERETO, FROM SEMINOLE COUNTY
"RURAL-3" TO CITY OF WINTER SPRINGS "PUBLIC/SEMI-PUBLIC"
WITH "CONSERVATION OVERLAY" (ON THOSE AFFECTED AREAS);
PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, section 163.3161 et. seq., Florida Statutes, establish the Local Government
Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of
Florida to prepare and adopt a comprehensive plan as scheduled by the Florida Department of
Community Affairs; and
WHEREAS, sections 163.3184 and 163.3187, Florida Statutes, establish the process for the
amendment of comprehensive plans, pursuant to which the City of Winter Springs has established
procedures for amending the City of Winter Springs Comprehensive Plan; and
WHEREAS, the Local Planning Agency of the City of Winter Springs held a duly noticed
public hearing, in accordance with the procedures established in chapter 163, Part II, Florida
Statutes, on the proposed comprehensive plan amendment and considered findings and advice of
staff, citizens, and all interested parties submitting written and oral comments and has recommended
adoption to the City Commission; and
WHEREAS, the Local Planning Agency recommended that the City Commission transmit
the subject property large scale comprehensive plan amendment to the Florida Department of
Community Affairs for its review and comment; and I
WHEREAS, on May 29,2007, the City Commission held a public hearing on the proposed
City of Winter Springs .
Ordinance No. 2007-06
Page 1 of 3
=----
amendment and approved transmittal of the future land use map amendment of the subject property
to the Florida Department of Community Affairs (DCA); and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements of
the Local Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, the City Commission hereby fmds that this Ordinance is in the best interests
of the public health, safety, and welfare of the citizens of Winter Springs, Florida.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein
by this reference.
Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local
Government Comprehensive Planning and Land Development Regulation Act, sections 163.3184
and 163.3187, Florida Statutes.
Section 3. Purpose and Intent. The purpose and intent of this Ordinance is to adopt the large
scale comprehensive plan amendment designating the subject property from Seminole County
"Rural-3" to City of Winter Springs "Public/Semi-Public" with "Conservation Overlay" (on those
affected areas).
Section 4. Adoption of Amendment to the Future Land Use Map. The City of Winter
Springs Comprehensive Plan, Future Land Use Map, is hereby amended by designating the real
property, depicted in Exhibit "A" from Seminole County "Rural-3" to City of Winter Springs
"Public/Semi-Public" with "Conservation Overlay" (on those affected areas). Exhibit "A" is
attached hereto and fully incorporated herein by this reference.
Section 5. Transmittal to the Department of Community Affairs. The City Manager or his
designee is hereby designated to sign a letter transmitting the adopted comprehensive plan
amendment to the Florida Department of Community Affairs, in accordance with section
163.3187(4), Florida Statutes, and Section 9J-ll, Florida Administrative Code.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City of Winter Springs City Commission, or parts of
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shalll}0t affect the validity of the
remaining portions of this Ordinance. .;..
City of Winter Springs
Ordinance No. 2007-06
Page 2 of 3
=---.
Section 8. Effective Date and Legal Status of the Plan Amendment. The effective date of
the comprehensive plan amendment adopted by this Ordinance shall be the date a final order is
issued by the Florida Department of Community Affairs, or the date of the Administration
Commission finding the Amendment in compliance with section 163.3184, Florida Statutes. No
development orders, development permits, or land use dependent on this amendment may be issued
or commenced before it has become effective. If a final order of noncompliance is issued by the
Administration Commission, the amendment may nevertheless be made effective by adoption of a
resolution affirming its effective status. After and from the effective date of this amendment, the
comprehensive plan amendment set forth herein shall amend the City of Winter Springs
Comprehensive Plan and become a part of that plan and the amendment shall have the legal status
of the City of Winter Springs Comprehensive Plan, as amended.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of . 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
Transmittal Hearing:
Adoption Hearing:
Effective Date:
1
City of Winter Springs
Ordinance No. 2007-06
Page 3 of 3
=---.
EXHIBIT A
Ordinance 2007-06
Parcel #s & Legal Descriptions:
03-21-31-300-0080-0000: SEC 03 TWP 21S RGE 31E NW 1/4 OF NW 1/4 (LESS S 340 FT OF E 660 FT
& S 564.64 FT OF W 659.60 FT & RDS)
03-21-31-300-008E-0000: SEC 03 TWP 21S RGE 31E S 564.64 FT OF W 659.60 FT OF NW 1/4 OF NW
1/4